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HomeMy WebLinkAbout11-15-2004 ITEM VIII-A-3A110F AGENDA BILL APPROVAL FORM , WASHINGTON Agenda Subject Date: Application No. CUP04-0006 11/9/2004 Department: Planning Attachments: Ordinance No. 5880, Budget Impact: Staff Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council introduce and adopt Ordinance No. 5880. Background Summary: The Hearing Examiner on September 21, 2004, conducted a public hearing on the request of Carol Livingston, owner and director, for a conditional use permit to expand an existing daycare center in an R2, Single Family Residential zoning district. The property is located at 832 - 21St Street SE. Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional use permit. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. HE\CUP04-6 L1115-2 03.10.1 CUP04-0006 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board El Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until Tabled Until Councilmember: Singer Staff: Krauss Meeting Date: November 15, 2004 Item Number: VIII.A.3 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 5 8 8 0 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING DAYCARE CENTER IN AN R-2, SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 832 -21ST STREET SE IN AUBURN, WASHINGTON WHEREAS, Application No. CUP04-0006, dated October 19, 2004, has been submitted to the City of Auburn, Washington, by Carol Livingston, requesting approval of a Conditional Use Permit (CUP) to expand an existing daycare center in an R-2, Single Family Residential District located at 832 — 21St Street SE in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on October 19, 2004, of which the Hearing Examiner recommended approval of the Conditional Use Permit on October 27, 2004; and WHEREAS, the City Council, on November 15, 2004, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to -wit: --------------------------- Ordinance 5880 November 9, 2004 Page 1 FINDINGS OF FACT 1. The Applicant requests approval of a Conditional Use Permit (CUP) to expand an existing day care center in the R2 single-family residential district. The subject property is located at 831 — 21St Street SE in Auburn, Washington. Exhibit 1, page 1; Exhibit 2, page 1; Exhibit 3, page 1. 2. The 0.49 -acre subject property is developed with a single-family residence in the west portion and an existing day care center in the eastern portion. The Applicant lives in the on-site residence. A 20 -foot wide private access easement serving two off-site residences encumbers the parcel along the length of the eastern boundary. The northwest corner of the site contains an existing seven stall parking area. Three additional spaces, including a handicapped van parking space, are located to the east of the existing day care center. A outdoor play area surrounded by a six-foot wood fence occupies the southwest corner of the site. A 42 -inch high chain link fence encloses the day care center with openings at the driveways. Exhibit 4, Site Improvement Plan. 3. The subject property is zoned R2, Single -Family Residential. Exhibit 1, page 1. The intent of the R-2 district is to create a living environment of optimum standards for single-family dwellings. ACC 18.14.010. Daycare centers, preschools, and nursery schools may be permitted on approval of a CUP if they are located on an arterial. ACC 18.14.030. 4. The subject property fronts the south side of 21St Street SE, defined as a "residential collector arterial" by Auburn's 1997 Transportation Plan. The property frontage is fully improved with curb, gutter, and sidewalk. Exhibit 1, page 2. Two driveways provide vehicular access to the site from 21St Street SE. One is the private access easement along the eastern property boundary; the other sits 36 feet to the west. Because both access the parking lot, they act as a circular driveway for the day care center. Exhibit 1, page 3. 5. Property to the south and to the east is zoned R2 Single -Family Residential and developed with single-family residential development, while property to the west is developed with multi -family residential development. The property across 21St Street SE to the north is zoned ---------------------------- Ordinance 5880 November 9, 2004 Page 2 P1, Public Use District, and is developed with a junior high school. Exhibit 1, page 1; Testimony of Mr. Dixon. 6. Prior to January 2001, the Applicant operated a home-based day care in her residence, as is permitted outright in the R2 district. She applied for a CUP to expand to a day care center to be located in a family room addition, an existing mother-in-law unit, and an attached garage on-site. The CUP approved by Resolution 5524 on March 12, 2001 allowed the day care center to enroll up to 60 children ages three and up, who would be cared for by six to eight employees. The Board of Commissioners imposed conditions of approval requiring: a minimum of ten parking spaces; an eight -foot landscaped strip along the frontage; that driveways be brought up to code; and, that the Applicant submit a revised building permit for the family room addition then under construction. Exhibit 1, page 3, Exhibit 9, Resolution 5524, dated March 12, 2001. City Planing Staff testified at hearing that the Applicant had satisfied the conditions of the original SUP. Testimony of Mr. Dixon. 7. The eight -foot landscaped strip along the property frontage "consists predominantly of bark mulch." Exhibit 1, page 2. Planning staff requested a condition of approval on the expansion requiring the Applicant to submit a landscape plan for the installation of Type III landscaping along the frontage, to be reviewed and approved by the City. Exhibit 1, page 5. 8. The existing day care center, which is licensed by the City, serves approximately 45 children and has 5 employees. Exhibit 1, pages 3-4. The Applicant requested to increase enrollment up to 65 children and to hire one to three additional employees. Hours of operation for the expanded day care center would be 5:00 a.m. to 6:30 p.m.. Exhibit 1, page 3. 9. A conceptual plan for the proposed expansion depicts a new 750 square foot building attached to existing structures in the southeast portion of the site. All new construction would be set back ten feet from the south property line and 11 feet from the border of the private access easement running the length of the eastern boundary. Exhibit 4. The purpose for the expansion is to provide additional classroom space to allow both an ---------------------------- Ordinance 5880 November 9, 2004 Page 3 increase in enrollment and a decrease in crowding experienced in existing classrooms. Exhibit 1, page 3. 10. The existing residence, day care center, and parking lot are served by catch basins connected by underground pipes to a storm drainage treatment swale. Exhibit 1, page 2. The increase in runoff from the proposed additional impervious surface would be adequately served by the existing storm drainage facilities on-site. Testimony of Mr. Dixon. 11. The Applicant would be required to obtain a building permit. During building permit review, the proposed expansion would be reviewed for compliance with City development standards, as well as the Building and Fire Codes, including sprinkler and alarm system requirements specific to day care centers. Exhibit 1, page 4. 12. Off-street parking regulations require one parking space per employee plus loading and unloading areas for day carpe centers. ACC 18.52.020(F)(5). In addition, the zoning code contains provisions requiring new off-street parking spaces for alterations or additions to non-residential uses outside the C2 zone. ACC 18.52.010(8)(3). Expansion of the day. care center would not increase the number of employees beyond that approved in the previous CUP. No additional parking spaces would be required due to the proposed expansion. Exhibit 1, pages 3-4; Testimony of Mr. Dixon. 13. The City's Comprehensive Land Use Planning Map designates the subject property as Single Family Residential. The purpose of this Comprehensive Plan designation is to protect areas set aside for predominantly single-family dwellings. Uses identified as compatible with the Single Family Residential designation include schools, daycare centers, churches, and parks. The requrested day care center expansion would be consistent with the policies and the purpose of the City's Comprehensive Plan. Exhibit 1, pages 4-5, Testimony of Mr. Dixon. 14. The expansion of the daycare center would not have any adverse impacts on surrounding properties or improvements. The use already exists and only an incremental increase of up to five additional students and up to three employees is requested. The subject property is located Ordinance 5880 November 9, 2004 Page 4 across the street from a junior high school and near multifamily residential development. The general character of the neighborhood already includes the presence of many children and their transportation to and from the area. Exhibit 1, page 4. Fewer than 30 additional vehicle trips per day would be anticipated from the expansion. Nothing in the record indicates that expansion of the daycare center would result in a public nuissance. Testimony of Mr. Dixon. 15. Because the new construction would be attached to existing structures, a condition of approval would be necessary to maintain continuity of exterior building appearance in order to ensure a harmonious relationship between the expansion, the existing character of the subject property, and surrounding development. Exhibit 1, page 5. 16. The new structure would connect to existing_ water, sewer, and electric utilities. It would not involve construction of additional access to public streets. Exhibit 4. The Applicant's request for expansion was submitted to the City's reviewing agencies. The Planning staff received no comments. Construction of the expansion would be reviewed for compliance with the City's zoning and building ordinances at time of building permit issuance. The record contains no indication that the proposed expansion would result in adverse impacts on surrounding infrastructure. Exhibit 1, page 5, Testimony of Mr. Dixon. 17. The City provided reasonable notice of the October 19, 2004 public hearing. No public comments were submitted. Testimony of Mr. Dixon; Exhibits 6, 7, and 8. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on a conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. Ordinance 5880 November 9, 2004 Page 5 Criteria for Review Pursuant to ACC 18.64.040, to recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The proposed use is permitted within the zone; 2. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; 4. The proposal complies with all requirements of this title; 5. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 1. The proposed use is permitted within the zone. Day care centers are a permitted use in the R2 district, subject to CUP approval. Finding of Fact No. 3. 2. The use will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. The neighborhood is characterized by the presence of children and the transportation of children to and from the area. The requested increase of up to five students and up to three employees is an incremental increase in the existing daycare use. Fewer than 30 vehicle trips per day will be added to traffic in the area. The expansion will not adversely impact -------------------------- Ordinance 5880 November 9, 2004 Page 6 persons or property in the vicinity. Findings of Fact Nos. 6, 7, 8, 9, 11, and 13. 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The Comprehensive Plan designation of Single -Family Residential acknowledges the value of incorporating some public uses, such as churches and schools, into residential areas. The expansion of an existing day care center accords with the policy and objectives of the Comprehensive Plan designation for the subject property. Finding of Fact No. 13. 4. The proposal complies with all requirements of this title. The Applicant has demonstrated that the request for expansion of an existing conditional use satisfies the criteria in this title. With conditions, the expansion will comply with all applicable development standards as well as with the conditions of approval on the original CUP, specifically as they pertain to landscaping. Findings of Fact Nos. 1 through 17. 5. The project can be constructed and maintained to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. As conditioned, the expansion of the existing use will be harmonious with the structures on-site and with the character of development in the vicinity. Finding of Fact No. 15. 6. The proposal will not adversely affect the public infrastructure. Minor increases in demand for stormwater drainage and employee parking will be adequately accommodated by existing facilities. There will be no significant traffic impacts and.no adverse affect on infrastructure. Findings of Fact Nos. 10, 12, 14, and 16. 7. The proposal will not cause or create a public nuisance. There is no indication that the use will cause or create a public nuisance. Finding of Fact No. 14. DECISION Based upon the preceding Findings and Conclusions, the request for CUP to expand an existing day care center in the R2 single-family residential district Ordinance 5880 November 9, 2004 Page 7 located at 831 — 21St Street SE in Auburn, Washington should be approved, subject to the conditions below. 1. Prior to the issuance of construction permits, the Applicant shall submit building permit applications demonstrating that the proposed building will be similar in appearance and design to the existing day care center building. The new building shall have a pitched roof and similar exterior building materials and colors. 2. Prior to the issuance of a certificate of occupancy, the Applicant shall submit landscape plans for City review and approval and shall install Type III landscaping along the street frontage. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The above-cited Hearing Examiner's Conclusions and Decision are herewith approved and incorporated in by this reference, and the Conditional Use Permit is hereby approved to expand an existing daycare center in an R-2, Single Family Residential District located at 832 — 21St Street SE in Auburn, Washington, subject to the conditions above. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, .paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ---------------------------- Ordinance 5880 November 9, 2004 Page 8 Section 3. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor, Division of Records and Elections. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this day of , 2004. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk ---------------------------- Ordinance 5880 November 9, 2004 Page 9 APPROVED AS TO FORM: DanieT"B. Heid, City Attorney Ordinance 5880 November 9, 2004 Page 10 CITY BU,kN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburn.wa.us * 253-931-3000 October 29, 2004 CAROL LIVINGSTON 832-21 ST STREET SE AUBURN WA 98002 RE: APPLICATION NO. CUP04-0006 Dear Mrs. Livingsotn: N O V - 1 2004 CITY OF AUBURN CITY CLERKS OFFICE Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on October 19,2004. The City Council will consider your request on November 15, 2004 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Counciimembers might have regarding your proposal. Following the conclusion of the City Council meeting, you must return the public notice sign to the City of Auburn Planning and Community Development Department. If the board is not returned or is not legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The replacement fee must be paid prior to the issuance of any permit, license or any other approval required by the City of Auburn that is related to subject property. If you have any questions regarding the attached, please give us a call. S' a ely, r Paul Krauss, AICP Director PK: pz Attachment cc: Building Department Public Works Department City Clerk AUGUR IST * MORE THAN YOU IMAGINED BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) Carol Livingston ) For Conditional Use Permit ) NO. CUP04-0006 FINDINGS, CONCLUSIONS AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the Auburn City Council that a Conditional Use Permit (CUP) to expand an existing daycare center in an R-2, Single Family Residential District located at 832 — 21" Street SE in Auburn, Washington be APPROVED, subject to conditions. SUMMARY OF RECORD Request Carol Livingston, owner and operator of Kid Kare School House, Inc. (Applicant), requests approval of a Conditional Use Permit (CUP) to expand an existing day care center in the R2 single-family residential district. The subject property is located at 832 — 21 s` Street SE in Auburn, Washington. Hearing Date The Hearing Examiner for the City of Auburn held an open record public hearing on October 19, 2004. Testimony The following individuals presented testimony under oath at the open record public hearing: Jeff Dixon, City of Auburn Planner Carol Livingston, Applicant Exhibits The following exhibits were admitted at the open record public hearing: Exhibit 1: City of Auburn Planning Department Staff Report, dated September 30, 2004 Exhibit 2: Vicinity Map Exhibit 3: Conditional Use Permit Application Exhibit 4: Site Improvement Plan Exhibit 5: Aerial photograph of subject property (taken in 2001) Exhibit 6: Notice of Application Exhibit 7: Notice of Public Hearing Exhibit 8: Certification of Posting Exhibit 9: Ordinance No. 5524, dated March 12, 2001 Exhibit 10: Conditional Use Site Plan, dated received February 12, 2001 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requests approval of a Conditional Use Permit (CUP) to expand an existing day care center in the R2 single-family residential district. The subject property is located at 831 — 21" Street SE in Auburn, Washington.' Exhibit 1, page 1; Exhibit 2, page 1; Exhibit 3, page 1. 2. The 0.49 -acre subject property is developed with a single-family residence in the west portion and an existing day care center in the eastern portion. The Applicant lives in the on- site residence. A 20 -foot wide private access easement serving two off-site residences encumbers the parcel along the length of the eastern boundary. The northwest corner of the site contains an existing seven stall parking area. Three additional spaces, including a handicapped van parking space, are located to the east of the existing day care center. A outdoor play area surrounded by a six-foot wood fence occupies the southwest corner of the site. A 42 -inch high chain link fence encloses the day care center with openings at the driveways. Exhibit 4, Site Improvement Plan. 3. The subject property is zoned R2, Single -Family Residential. Exhibit 1, page 1. The intent of the R-2 district is to create a living environment of optimum standards for single-family dwellings. ACC 18.14.010. Daycare centers, preschools, and nursery schools may be permitted on approval of a CUP if they are located on an arterial. ACC 18.14.030. 4. The subject property fronts the south side of 21" Street SE, defined as a "residential collector arterial" by Auburn's 1997 Transportation Plan. The property frontage is fully improved with curb, gutter, and sidewalk. Exhibit 1, page 2. Two driveways provide vehicular access ' The legal description of the subject property is the West '/z of the North 345 feet of the East 264 feet of the West 396 feet of the SW %4 of the SE '/ of Section 19, Township 21N, Range 5E, W.M., King County, Washington, Less County Road. Exhibit 9, Ordinance 5524, dated March 12, 2001. Livingston CUP, CUP04-0006 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 2 of 7 to the site from 21"` Street SE. One is the private access easement along the eastern property boundary; the other sits 36 feet to the west. Because both access the parking lot, they act as a circular driveway for the day care center. Exhibit 1, page 3. 5. Property to the south and to the east is zoned R2 Single -Family Residential and developed with single-family residential development, while property to the west is developed with multi -family residential development. The property across 21" Street SE to the north is zoned P1, Public Use District, and is developed with a junior high school. Exhibit 1, page 1; Testimony of Mr. Dixon. 6. Prior to January 2001, the Applicant operated a home-based day care in her residence, as is permitted outright in the R2 district. She applied for a CUP to expand to a day care center to be located in a family room addition, an existing mother-in-law unit, and an attached garage on-site. The CUP approved by Resolution 5524 on March 12, 2001 allowed the day care center to enroll up to 60 children ages three and up, who would be cared for by six to eight employees. The Board of Commissioners imposed conditions of approval requiring: a minimum of ten parking spaces; an eight -foot landscaped strip along the frontage; that driveways be brought up to code; and, that the Applicant submit a revised building permit for the family room addition then under construction. Exhibit 1, page 3: Exhibit 9, Resolution 5524, dated March 12, 2001. City Planing Staff testified at hearing that the Applicant had satisfied the conditions of the original SUP. TestimonY of Mr. Dixon. 7. The eight -foot landscaped strip along the property frontage "consists predominantly of bark mulch." Exhibit 1, page 2. Planning staff requested a condition of approval on the expansion requiring the Applicant to submit a landscape plan for the installation of Type III landscaping along the frontage, to be reviewed and approved by the City. Exhibit 1, page 5. The existing day care center, which is licensed by the City, serves approximately 45 children and has 5 employees. Exhibit 1, pages 3-4. The Applicant requested to increase enrollment up to 65 children and to hire one to three additional employees. Hours of operation for the expanded day care center would be 5:00 a.m. to 6:30 p.m.. Exhibit 1, page 3. 9. A conceptual plan for the proposed expansion depicts a new 750 square foot building attached to existing structures in the southeast portion of the site. All new construction would be set back ten feet from the south property line and 1 1 feet from the border of the private access easement running the length of the eastern boundary. Exhibit 4. The purpose for the expansion is to provide additional classroom space to allow both an increase in enrollment and a decrease in crowding experienced in existing classrooms. Exhibit 1, page 3. 10. The existing residence, day care center, and parking lot are served by catch basins connected by underground pipes to a storm drainage treatment swale. Exhibit 1, page 2. The increase in runoff from the proposed additional impervious surface would be adequately served by the existing storm drainage facilities on-site. Testimony of Mr. Dixon. Livingston CUP, CUP04-0006 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 3 of 7 11. The Applicant would be required to obtain a building permit. During building permit review, the proposed expansion would be reviewed for compliance with City development standards, as well as the Building and Fire Codes, including sprinkler and alarm system requirements specific to day care centers. Exhibit 1, page 4. 12. Off-street parking regulations require one parking space per employee plus loading and unloading areas for day care centers. ACC 18.52.020(F)(5). In addition, the zoning code contains provisions requiring new off-street parking spaces for alterations or additions to non-residential uses outside the C2 zone. ACC 18.52.010(B)(3). Expansion of the day care center would not increase the number of employees beyond that approved in the previous CUP. No additional parking spaces would be required due to the proposed expansion. Exhibit 1, pages 3-4; Testimony of Mr. Dixon. 13. The City's Comprehensive Land Use Planning Map designates the subject property as Single Family Residential. The purpose of this Comprehensive Plan designation is to protect areas set aside for predominantly single-family dwellings. Uses identified as compatible with the Single Family Residential designation include schools, daycare centers, churches, and parks. The requrested day care center expansion would be consistent with the policies and the purpose of the City's Comprehensive Plan. Exhibit 1, pages 4-5; Testimony of Mr. Dixon. 14. The expansion of the daycare center would not have any adverse impacts on surrounding properties or improvements. The use already exists and only an incremental increase of up to five additional students and up to three employees is requested. The subject property is located across the street from a junior high school and near multifamily residential development. The general character of the neighborhood already includes the presence of many children and their transportation to and from the area. Exhibit 1, page 4. Fewer than 30 additional vehicle trips per day would be anticipated from the expansion. Nothing in the record indicates that expansion of the daycare center would result in a public nuissance. Testimony of Mr. Dixon. 15. Because the new construction would be attached to existing structures, a condition of approval would be necessary to maintain continuity of exterior building appearance in order to ensure a harmonious relationship between the expansion, the existing character of the subject property, and surrounding development. Exhibit 1, page 5. 16. The new structure would connect to existing water, sewer, and electric utilities. It would not involve construction of additional access to public streets. Exhibit 4. The Applicant's request for expansion was submitted to the City's reviewing agencies. The Planning staff received no comments. Construction of the expansion would be reviewed for compliance with the City's zoning and building ordinances at time of building pen -nit issuance. The record contains no indication that the proposed expansion would result in adverse impacts on surrounding infrastructure. Exhibit 1, page S; Testimony of Mr. Dixon. Livingston CUP, CUP04-0006 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 4 of 7 17. The City provided reasonable notice of the October 19, 2004 public hearing. No public comments were submitted. Testimony of 'Mr. Dixon; Exhibits 6, 7, and X. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on a conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. Criteria for Review Pursuant to ACC 18.64.040, to recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The proposed use is permitted within the zone; 2. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; 4. The proposal complies with all requirements of this title; 5. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 1. The proposed use is permitted within the zone. Day care centers are a permitted use in the R2 district, subject to CUP approval. Finding of Fact No. 3. 2. The use will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. The neighborhood is characterized by the presence of children and the transportation of children to and from the area. The requested increase of up to five Livingston CUP, CUP04-0006 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 5 of 7 students and up to three employees is an incremental increase in the existing daycare use. Fewer than 30 vehicle trips per day will be added to traffic in the area. The expansion will not adversely impact persons or property in the vicinity. Findings of Fact Nos. 6, 7, 8, 9, 11, and 13. 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The Comprehensive Plan designation of Single -Family Residential acknowledges the value of incorporating some public uses, such as churches and schools, into residential areas. The expansion of an existing day care center accords with the policy and objectives of the Comprehensive Plan designation for the subject property. Finding of Fact No. 13. 4. The proposal complies with all requirements of this title. The Applicant has demonstrated that the request for expansion of an existing conditional use satisfies the criteria in this title. With conditions, the expansion will comply with all applicable development standards as well as with the conditions of approval on the original CUP, specifically as they pertain to landscaping. Findings of Fact Nos. 1 through 17. 5. The project can be constructed and maintained to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. As conditioned, the expansion of the existing use will be harmonious with the structures on-site and with the character of development in the vicinity. Finding of Fact No. 15. 6. The proposal will not adversely affect the public infrastructure. Minor increases in demand for stormwater drainage and employee parking will be adequately accommodated by existing facilities. There will be no significant traffic impacts and no adverse affect on infrastructure. Findings of Fact Nos. 10, 12, 14, and 16. 7. The proposal will not cause or create a public nuisance. There is no indication that the use will cause or create a public nuisance. Finding of Fact No. 14. RECOMMENDATION Based upon the preceding Findings and Conclusions, the request for CUP to expand an existing day care center in the R2 single-family residential district located at 831 — 21" Street SE in Auburn, Washington should be APPROVED, subject to the conditions below. Prior to the issuance of construction permits, the Applicant shall submit building permit applications demonstrating that the proposed building will be similar in appearance and design to the existing day care center building. The new building shall have a pitched roof and similar exterior building materials and colors. Livingston CUP, CUP04-0006 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Page 6 of 7 2. Prior to the issuance of a certificate of occupancy, the Applicant shall submit landscape plans for City review and approval and shall install Type III landscaping along the street frontage. Decided this 27th day of October 2004. Livingston CUP, CUP04-0006 City of Auburn Hearing Examiner Findings, Conclusions, and Recommendation Sharon Alisa Rice City of Auburn Deputy Hearing Examiner Page 7 of 7 REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than November 5, 2004. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their November 15, 2004, meeting. At the November 15, 2004, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing Application No. CUP04-0006 Date: September 30, 2004 Department: Planning Attachments:See Exhibit List Budget Impact: Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: REPORT OF FACTS: OWNER/APPLICANT: Carol Livingston, owner and director REQUEST: Conditional Use Permit to expand an existing daycare center in an R2, Single Family Residential zoning district LOCATION: 832 -21st Street SE The 0.49 -acre parcel is located on the south side of 21st Street SE, approximately 150 feet east of H Street SE. EXISTING ZONING: R2, Single Family Residential EXISTING LAND USE Single-family residence and existing day care center COMPREHENSIVE PLAN DESIGNATION: "Single Family Residential" SEPA STATUS: Exempt ZONING AND LAND USE DATA IN THE VICINITY: Comprehensive Land Use Existing Zoning Existing Land Use Plan Designation North P1 Across 21 Street - Jr. Public/Quasi-Public high school South R2 Single family residential Single Family Residential East R2 Single family residential Single Family Residential West R2 Multiple family residential Single Family Residential Reviewed y Council Committees — Arts Commission & Commissions: Council Committees: Reviewed by Departments & Division --s-7 Airport x M&O — Hearing Examiner Finance x Building —Mayor Human Resources Municipal Cemetery Parks Services — Library Board — Park Board Planning & CD Finance Personnel — Public Works x Fire x Planning Planning Commission. x Legal x Police = Other Library x Public Works Approved: Call for Hearin Referred to: Until: Committee Approval: Yes No I Tabled Until: EXHIBIT 1 Staff: Dixon 1. Meeting Date: October 19, 2004 Page: 1 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda subiect: Public Hearing - Application No. CUP04-0006 Date: September 30, 2004 List of Exhibits: Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Completed CUP Application Exhibit 4 Site Plan _ Exhibit 5 2001. aerial photograph of the site (prior to issuance of CUP01-0002) Exhibit 6 Notice of Application Exhibit 7 Public Notice Exhibit 8 Affidavit of Posting " Exhibit 9 Ordinance No. 5524 approving CUP 01-0002 Exhibit 10 Site plan submitted with CUP01-0002 FINDINGS OF FACT Carol Livingston, property owner and director, has applied for a conditional use permit to expand an existing daycare center (Kid Kare School House, Inc.) within the R2, Single Family Residential zoning district. The conditional use permit is proposed for property located at 832 — 21 st Street SE. 2. The property is zoned R2, Single Family Residential. The R2 (Single Family Residential) zoning district is predominantly oriented to single-family residences. The zoning district also allows home- based day care as an outright permitted use and day care if a conditional use permit is secured and the property is located along an arterial street, (Auburn City Code (ACC) section 18.14.030(9)). The property borders 21st Street SE which is designated a "residential collector arterial" by the City's 1997 Transportation Plan. The street is fully improved with curb, gutter and sidewalk. 4. The subject property is 0.49 acres (21,384 square feet) in size and contains a single-family house on the western portion of the lot and a day care center on the eastern portion of the lot. The eastern boundary of the property contains an approximately 20 -foot wide private access easement that provides vehicle access to two houses located off-site to the south. An existing fenced outdoor play area for the daycare is located immediately south of the house. 5. A parking lot with seven spaces is located between the day care center and 21st Street SE. Three additional off-street parking spaces are located on the east side of the day care building and accessed from the private access easement. The parking lot is equipped with catch basins connected by underground pipes to a storm drainage treatment swale with an under drain infiltration system on the north side of the house, between the house and the street. A 42 -inch high chain link fence surrounds the daycare center with openings at the driveways. The house and outdoor play area is surrounded by six-foot high wood fence. An 8 -foot wide landscape area that consists predominantly of bark mulch intervenes between the parking lot and the public sidewalk. 6. The applicant resides in the house on the property. 7. In January of 2001, the applicant applied for a conditional use permit (File No. CUP01-0002) to allow a daycare center. At the time of the application the site was already in use as a home-based day care that is allowed outright in the R2 zoning district. The CUP application requested an increase to a daycare center. The davcare center was or000sed to be located within a family rnnm nrlditinn that Staff - Dixon Meeting Date: October 19, 2004 TiPage: 2 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda subject: Public Hearing - Application No. CUP04-0006 Date: September 30, 2004 was under construction to the single-family residence and in an existing "mother-in-law residence" and attached garage on the property. The CUP was sought to allow a day care center of up to 60 children ages three and up. It was anticipated that there would be 6-8 employees and the typical hours of operation would be 5:00 am to 8:30 pm. The CUP was authorized by the City Council by City Ordinance No. 5524 on March 19, 2001 with the following three conditions: (1) At least 10 parking spaces shall be provided, seven of which shall be located in the parking lot in front of the daycare. The parking spaces shall be 19 feet long with a 24 -foot drive aisle as required by the Zoning Code. Wheel stops shall be provided that preclude vehicle overhanging the sidewalks around the daycare. The landscape strip that abuts 2V4 Street may be 8 feet wide the be planted with Type III landscaping. (2) The existing driveway that will serve the new parking lot will need to meet City standard if it does not already. (3) A revised building permit application shall be submitted to the City for the proposed conversion of the family room that is under construction to the proposed day care facility. The revised permit application shall be submitted within 60 days of the effective date of this conditional use permit. The revised permit shall be reviewed under those building and fire code standards applicable to daycares of this type. The revised permit application shall also illustrate the 10 parking spaces, the storm drainage facility for the parking and driveways, the required improvements to the existing driveway on 21s` Street. 8. The applicant proposes to construct an additional 750 square foot, "L" shaped building to the southeast of the existing buildings and attached to the existing building. The purpose of the expansion as stated in the application, is to provide additional preschool classroom space. The additional classroom area would provide space to accommodate a few more preschool children as well as reduce the crowding currently experienced in other on-site classrooms. While a floor plan was not provided with the application, according to discussion with the applicant's representative, the new building would predominantly consist of a large classroom and smaller restroom areas. 9. The proposed building will occupy an area that is currently pervious yard area. 10. According to the applicant, the daycare currently has approximately 45 children and 5 employees. It is anticipated that with the new building, up to 65 children and up to 6-8 employees will be on-site. The hours of operation will be 5:00 am to 6:30 pm, Monday through Friday. 11. The site currently has two driveways: a driveway that is coincident with the private access easement at the northeast corner of the property and another driveway approximately 36 feet to the west. The two driveways provide a circular drive access to the parking area located at the front of the daycare. No changes to vehicular access are proposed. 12. The site currently has 10 parking spaces to serve the daycare and house. The amount of parking required for day care centers is specified in the City's Zoning Code. The Auburn City Code at ACC 18.52.020(F)(5) specifies the off-street parking rate for nursery schools and daycare centers as one parking space for each employee plus loading and unloading areas. However, the zoning code at ACC 18.52.010(6)(3) also contains the following requirements related to providing additional' parking stalls for building additions: Staff: Dixon Meeting Date: October 19, 2004 Page: 3 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - Application No. CUP04-0006 Date: September 30, 2004 'When there are alterations or additions to a nonresidential building outside the C-2 zoning district there shall be provided off-street parking and loading spaces for any increase, including any cumulative increase of previous additions or alterations after the effective date (April 1, 1997) of the ordinance amending this section, in the gross floor area or number of seats, bowling lanes or classrooms therein, except that when the aggregate number of spaces required for such alterations or additions is five or less, the off-street parking need not be provided." Since the daycare building expansion is not expected to result in an increase in number of employees beyond that which was authorized under the previous conditional use permit, and the number of employees attributable to the expansion results in a need for less than five off-street parking spaces, no additional off-street parking spaces are required to be provided as part of this application. 13. The applicant will be required to obtain a building permit. The building permit is required for the construction of the building and will address the project's consistency with Building and Fire code requirements and City construction standards. In particular, it will address sprinkler and alarm system requirements. 14. The business already has a City business license for the subject location. 15. The contents of the case file, CUP04-0006, for this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS Staff has concluded that the conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in ACC Section 18.64.040. 1. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. It is not anticipated that the increase in the size of the day care center will cause any adverse effects to persons, property or improvements in the surrounding area. The land use already exists and the proposal seeks an incremental increase in the size. The property is located across the street from an existing junior high school and in a neighborhood that contains existing multiple family residences. While located in a single family neighborhood, the vicinity already experiences increased traffic due to developed land use pattern and the street classification. The project will not have adverse noise or odors. The proposed building will be required to meet City construction standards as well as building and fire code requirements. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed use is located within an area designated as "Single Family Residential" by the Auburn Comprehensive Plan. The stated purpose of the Single Family Residential designation is: "To designate and protect areas for predominantly single family dwellings." Staff: Dixon Meeting Date: October 19, 2004 Page: 4 CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subiect: Public Hearing - Application No. CUP04-0006 Date: September 30, 2004 Chapter 14 of the Comprehensive Plan identifies uses that are compatible with this designation. It provides: "Uses that serve of support residential, such as schools, daycare centers, churches and parks shall be considered appropriate and may be permitted on a conditional basis." - The proposed project is consistent with the Comprehensive Plan. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal complies or is capable of complying with the Zoning Ordinance. 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. With the recommended conditions the proposed expansion will not alter the character of the lot or building in ways that would be inconsistent or inappropriate -with the existing character of the uses in the immediate vicinity. 5. The proposal will not adversely affect the public infrastructure. Various City departments have reviewed the. conditional use permit application. The proposal will utilize existing utilities services and the two existing driveways to the site. There is no indication that public infrastructure would be affected by the proposal. The project will be required to meet City standards. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the conditional use permit request subject to the following conditions:. Prior to the issuance of construction permits, the applicant shall submit building permit applications demonstrating that the proposed building will be similar in appearance and design to the existing day care center building. The new building shall have a pitched roof and similar exterior building materials and colors. 2. Prior to the issuance of a certificate of occupancy, the applicant shall submit landscape plans for City review and approval and install Type III landscaping along the street frontage. HE1APP\STRC04-6 Staff: Dixon Meeting Date: October 19, 2004 Page: 5 MEN oil go MENOMONIE onelm mossom N EXHIBIT 2 APPLICATION NO.: CUP04-0006 APPLICANT: Carol Livingston REQUEST: Conditional Use Permit to allow the expansion of an existing daycare LOCATION: 832 21 st Street SE Conditional Use Permit for Hearing Exawmer - Page 5 CONDITIONAL USE PERMIT APPLICATION -- - 61/�- 4 / -1) J J-4 '011 ) �5 16 A/ PROPERTY OWNER'S NAME Sec. Twp. Rug.: �P G' y_ pelf APPLICATION NUMBER Zone Existing: Area Code: Request: Scheduled Public Hearing: C Date Received: 0 Staff Project Coordinator: Do Not Write Above This Line APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S).of property numbered opposite my (our) names(s) hereby petition for a Conditional Use Permit for the following use: 1/2 (typed) page explaining your proposed use.) A. How is the property involved in this application more suitable for the Conditional Use Permit than those uses permitted outright in the present zoning classification? 112 U—' -e— c -u LA JIA EXHIBIT 3 APPU^CONDITIONAL USE PERMIT Rev. 1/28/04 Conditional Use Permit for Hearing Exainmer - Page 6 B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? C. Why is this Conditional Use Permit compatible with the existing zoning in the area? Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? ADPL\^CONDITIONAL USE PERMIT Rev. 1128/04 Conditional Use Permit for Hearing Exa>u.ner - Page 7 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE' --LEGAL---DESCRIPTION AND- INDICATES THE- PROPERTY --OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS PARCEL NAME, ADDRESS AND PHONE NUMBER NUMBER (Please Print) kala s - yi _1) n DESIGNATED CONTACT PERSON: Name: eazA 4.) Address: City/Phone:�� SIGNATURE `1 3-)- k4Ss0 PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION. APPU^COMITIONAL USE PERMIT Rev. 1/28/04 Conditional Use Permit for Hearing Examiner - Page 8 — ----LEGA-L-DESCRIP-T-ION OF PROPERTY - --- --- -- 7,2 Al 3Z15- ev ��� Ff 6)c Se /y Se c iy-zi- 5 4-F ss Co )e;. FEE PAYMENT: $773.00 for residential; $1,030.00 for commercial plus $721.00 for an Environmental Checklist T.R. # Cashier's Initials Date Received APPMACONDMONAL USE PERMIT Rev. 1/28/04 02-21 197'266r S.E. AU13UP-M, WA. 9foo2 253/939-4sso crw-a Lwussron,, beccrm My intended use for this additional building is to provide another classroom for my pre-school . This addition should not have an added impact on the neighborhood other then providing a few more preschool childcare openings. This additional building will take down crowding in the other classrooms and provide a more spacious environment for the children enrolled. This site is already approved and zoned for the existing day care center and has all the commercial requirements the City had us complete. 21ST 3m --i iR!JDED CURB AROUND \ PARKING LOT 1LVERT IN SWALE Sly AT 5'WX6'XX8"DP- 4 LF 8" SD SDR QUARRY SPALLS ,,,N21 PVC SL=0.25 STING' LA EXISTING. EXISTING WALKW EXISTING LKWAY EXIS G 4 6. g IN TYPE i EX 4' FENCE TO REMAIN EX 20' ALLEY E T1 .7 TO BE REMOVE EXIT EXISTING PROPOSED14 `` - a HOUSE -. _ .. _ 0 1337 sl N CB ,,#,1 �- RIM 1 EXISTING 6' FENCE cwt ~T. EXISTING EXISTING EXISTING BUILDING STORAGE n4" JUNGLE 894 s.f. �,:. a 1 � GYMS,TI 6 CE N CAROL L i VI MGS i Div j 0 ��w _ ®r g 832 21 s� sr sc E T1 .7 TO BE REMOVE EXIT EXISTING PROPOSED14 `` - a HOUSE -. _ .. _ 0 1337 sl N CB ,,#,1 �- RIM 1 EXISTING 6' FENCE cwt ~T. EXISTING EXISTING EXISTING BUILDING STORAGE n4" JUNGLE 894 s.f. �,:. a 1 � GYMS,TI 6 CE N CAROL L i VI MGS i Div j 0 ��w _ 0' EASMEN�T g 832 21 s� sr sc AUC41JAN W0i q%aL!2 1 253 R34 ti.6yv z a ^i ' v d EXISTING GAZEBO'XISTING ; I SHED VIS G { G 6 fi" 126. SH / END PVMT WIDENING ATJ NEW 1-\l)D M/'3 f\( SOUTH PROPERTY LINE PED) i t 51W-4Ft(;li-1F-OGFL NV SITE IMPROVEMENT PLAN PIG i c, 2 EXHIBIT 4 E T1 .7 4 10 ^ITE PLAN SCALE. P Lj WILL -rAp lt\IT 7j .tz- s: kkfi 5 30 20 it Olt 4 10 ^ITE PLAN SCALE. P Lj WILL -rAp lt\IT CITY OF AffBURN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.aubum.wa.us * 253-931-3000 NOTICE OF APPLICATION This notice is to -inform you that the City of Auburn has received the following application that may be of interest to you. The application may be reviewed at the City of Auburn Department of Planning and Community Development, 25 West Main Street, Auburn, during regular business hours. Nature of Project or Request: Conditional Use Permit to allow expansion of an existing daycare Location: 832 - 21 sc Street SE, within the southeast quarter of Section 19, Township 21 North, Range 5 East, WM. Applicant: Carol Livingston, owner Date of Notice of Application: October 1, 2004 Date of Permit Application: August 18, 2004 Date of Notice of Completeness: September 15, 2004 File Number: CUP04-0006 . Preliminary Determination of Applicable Development Regulations: Zoning Code, Design and Construction Standards Manual, Comprehensive Pan Use Plan and International Building and Fire Codes. Other Permits Required: No other approvals are required prior to the conditional use permit. However, the project will be required to obtain a building permits and utility permits. Public Comment Period: You are invited to express comments, request a copy of the decision, when available, and be made aware of any appeal rights. Written comments may be submitted to the Auburn Planning and Community Development Department at 25 West Main, Auburn, WA 98001- 4998. Any comments must be submitted by noon on Monday, October 18, 2004. . Public Hearings: A public hearing is required for the proposal and has been scheduled for Tuesday, October 19, 2004 at 7:00 pm in the Council Chambers at 25 West Main Street. If you have further comments or questions related to this application, you may call Jeff Dixon of the Planning Department at (253) 931-3090. If you call or write, please reference the File No. CUP04 0006. EXHIBIT 6 AUBURN MORE THAN YOU IMAGINED CITY OFRN r WASHINGTON NOTICE OF PUBLIC HEARING EXHIBIT 7 Please be advised that the AUBURN HEARING EXAMINER on October 19, 2004, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. CUP04-0006 The request of Carol Livingston for a conditional use permit to allow the expansion of an existing daycare The property is located at 832 21 u Street SE. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the fmancial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross -hatched area on the map below. CERTIFICATION OF POSTING APPLICATION NO. CUP04-0006 LOCATED AT: 832 21st Street SE - DATE OF PUBLIC 14EARING: October 19, 2004 PUBLIC HEARING NOTICES POSTED: This date I certify that I did post land use posting notices. These notices are required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(B)(1)(a) of the Auburn Zoning Ordinance. The public hearing date is scheduled for October 19, 2004. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct Date: a Name: / Tu Nguyen, Planning Dzp tment EXHIBIT 8 ORDINANCE NO.5 5 2 4 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR A DAY CARE ON PROPERTY ZONED R-2 (SINGLE FAMILY) LOCATED AT 832 — 21 st STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP01-0002 dated January 26, 2001 was submitted to the City of Auburn, Washington, by Carol Livingston for a Conditional Use Permit for day care in the R-2, (Single Family), located at 832 —21St Street SE, within the City of Auburn, Washington, hereinafter described ,,C below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and C=> WHEREAS, said request above referenced was referred to the Hearing Examiner for study and public hearing thereon; and 0 WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on February 22, 2001 at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow a day care located in her home located at 832- 21St Street SE on property zoned R-2 (Single Family), within the City of Auburn, Washington; and Ordinance 5513 February 15, 2001 Page 1 EXHIBIT 9 WHEREAS, the City Council, on March 5, 2001, considered said. request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow a day care in the home on property located at 832 21 - Street SE zoned R-2 (Single Family) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT 1. Carol Livingston has requested a conditional use permit that would allow her to establish a daycare located at her home that has an address of 832 - 21$t Street SE. The property is zoned R-2, Single Family and pursuant to Section 18.14.030(6) of the Zoning Code a daycare of the size proposed may be allowed in the R-2 zone subject to the issuance of a conditional use permit. r- 2. The daycare is proposed to be within an addition (to the existing home) that is now under construction as well as an existing "mother-in-law" unit and an attached garage that have been previously converted to and are now used as an in-home daycare. A building permit was recently issued for the CZ), addition now under construction. The permit was issued as an addition o (family room) onto a single-family home, and not for a daycare since the conditional use permit has not been approved. Therefore, the standards C14 for the addition met those associated with a single family home and not necessarily a daycare structure. Additional construction standards may be required for the daycare. A copy of the plans that were approved for the family room is attached. 3. The daycare will be owned and operated by Ms. Livingston. This is also Ms. Livingston's place of residence. It is anticipated that up to 60 children, ages three and up, may be there at any one time. It is anticipated there will be 6 to 8 employees. The typical hours of operation are going to be 5:00 AM to 8:30 PM. Ordinance 5524 March 12, 2001 Page 2 4. There are 9 parking spaces proposed for the daycare. Section 18.52.020(F)(5) of the Zoning Ordinance requires one parking space for each employee together with loading and unloading areas for those dropping off children. A 6 space parking lot is proposed to be located off a driveway from 21 sc Street and then exit to a private access easement that is - on the east side of the property. Three parking spaces including the handicapped parking space are proposed to be accessed from the easement. The easement also serves other properties other than the daycare. 5. Parking also needs to be provided for the existing single family home. It is a three-bedroom home and pursuant to Section 18.52.020(A)(1) of the Zoning Code, there must be provided two parking spaces for the home itself. The nine parking spaces proposed might not be enough to meet the requirements of the home, the employees and parking for those dropping off the children. 6. The proposal abuts 21St Street SE, which is a designated arterial on the City's Comprehensive Plan. The existing driveway to the property does not likely meet current City standards and if not will need to be brought to G existing City standards in order to serve the new parking lot. G 7. The contents of the case file, #CUP01-0002, of this project are hereby incorporated by reference and made part of the record of this hearing. G CONCLUSIONS OF LAW 0 N The undersigned has concluded that the conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance. 1. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. If properly conditioned and managed the proposal should not have an adverse impact upon the area. Ordinance 5524 March 12, 2001 Page 3 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. Policy LU -39 states that daycare centers are important to maintaining viable residential neighborhoods and Policy LU -43 speaks to allowing daycare centers along arterials. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal can comply with the requirements of the zoning ordinance if additional parking is provided and all parking spaces meet the minimum requirements of the Zoning Code. 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. Qn The design of the addition is consistent with that of a residential dwelling and whether used as daycare or other single family use should be compatible with the neighborhood. 5. The proposal will not adversely affect the public infrastructure. If the driveway and parking areas are properly constructed there should not C' be an adverse impact upon the neighborhood. 0 N DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval, subject to the following conditions: 1. At last 10 parking spaces shall be provided, seven of which shall be located in the parking lot in front of the daycare. The parking spaces shall be 19 feet long with a 24 -foot drive aisle .as required by the Zoning Code. Wheel stops shall be provided that preclude vehicles overhanging the sidewalks around the daycare. The landscaped strip that abuts 215` Street may be 8 feet wide and be planted with Type III landscaping. Ordinance 5524 March 12, 2001 Page 4 2. The existing driveway that will serve the new parking lot will need to meet City standards if it does not already. 3. A revised building permit application shall be submitted to the City for the conversion of the family room that is under construction to the proposed daycare facility. The revised permit application shall be submitted within 60 days of the effective date of this conditional use permit. The revised permit shall be reviewed under those building and fire code standards applicable to daycares of this type. The revised permit application shall also illustrate the 10 parking spaces, the storm drainage facility for the parking and driveways, the required improvements to the existing driveway on 21't Street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. The above cited Hearing Examiner's Findings of Q^ Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a 0 day care on property zoned R-2 (Single Family) located at 832 — 21st Street SE and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, County of King, State of Washington. Section 3. Severability, The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity Ordinance 5524 March 12, 2001 Page 5 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn- shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided C.n by law. 0 0 c N Ordinance 5524 March 12, 2001 Page 6 INTRODUCED: March 19, 2001 PASSED: March 19, 2001 APPROVED: March 19,-2001 0114x"q CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED: Ordinance 5524 March 12, 2001 Page 7 LEGAL, DESCRIMON OF PROPERTY TOTAL PARCEL, • The Wept 1/2 off- the. North 345 feet of the the' West 396 feet of the SW. 1/4 of � East 264 feet of ?MmahiP , Range U. Ui�.M. , King �*�.... ,�,� 1%4. of Section 19, Road, "" .7*- WAW, Uss. Cotmt-Y LOT -1: The North 192.00 feet of the. - W&s.t 11-2. Of the East 264 feet of the- West 396- feet of. the SW 114 of. the SE 1/4 of Se�tiac� 19 Township r.iand . Td 2 tY: WAziffr. Ca�Y Rid G�ZTHR�ge SE, ss- the fear ingress,. egress, and utilities -over, 1 and across- the East 1Q.QQ- feet thereof. L4T 2: 1e Sauth 153.0© feet, of the. West of the N 345 feet, of th& East 264 feet OZ. the West 3461 feet of Orth the SW 114 if . C�ceazS� . IA hof Seotion 19 Range SE W.M. ng Ya s Township 21H, , TOGETMM WM an easement- for f oo'9f'ee * under, and- across tine Ess& egress, and utilities the az'th 192. W f-eer of tbW West t/2 of the South 162.00 of the East- Z64 feet of the -U�st- 396 feet. of the SW 1/4 of the SE 1/4 cf' Section. I9, Township Z1�12 a 5E, W.M., CMI Covaty, UTA. Rig King 0 d N Ordinanoe 5524 Exhibit A Page 1 Ordinance 5524 brhibit A Paqe 2 pr