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HomeMy WebLinkAboutITEM VIII-A-3 ~ *,,)~ K]TY OF. -,''''. ./' ~~ ;.,,,'-~ AGENDA BILL APPROVAL FORM Aqenda Subiect Ordinance No. 6009 for Application No. CUP06-0001 Date: 3/29/2006 Department: Planning, Attachments Ordinance No. 6009, H.E. Budget Impact: NA Building, Development Decision, Staff Report, Vicinity Map, Application, Memo date 2-10-06 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6009. Backqround Summarv: The Hearing Examiner on February 22, 2006, conducted a public hearing on the request of Western Washington Corporation of Seventh Day Adventist for approval of a conditional use permit to allow a book/health food store within a "I" Institutional zone district located at. 5040 Auburn Way South; the site is located at the southeast corner of the intersection of Auburn Way South and 32"d St. SE, adjacent to the Academy Seventh Day Adventist Church. 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\CUP06-1 L0403-3 03.10.1 CUP06-0001 !:i-evlewea oy t;ounclI &. t;ommlttees: I=S' ~vlewea oy uepartmelJ!.s &Divlslons: ~Art' C~m;"." COUNCIL COMMITTE F' . ~B","'"9 ro Airport Finance Cemetery Mayor H.,,", "..m..' ~M"";ciP" s," Finance Parks Human Services Planni~ & CD Fire Planning Park Board Public orks Le al Police Planning Comm. Other Pu~liC Works Human Resources Action: Committee Approval: Bves BNO . Council Approval: Yes No Call for Public Hearing ~~- Referred to Until / / Tabled Until T-r-- Councilmember: Norman I Staff: Krauss Meetinq Date: April 3. 2006 litem Number: VIII.A.3 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT FOR THE WESTERN WASHINGTON CORPORATION OF THE SEVENTH DAY ADVENTISTS TO ALLOW THE CONSTRUCTION OF A BOOK/HEALTH FOOD STORE AT 5040 AUBURN WAY SOUTH WHEREAS, the City of Auburn received an application for a conditional use permit to allow the construction of a 4800 sq. ft. book/health food store at the Auburn Adventist Academy campus at 5040 Auburn Way South (City File No. CUP06-0001); and WHEREAS, on February 22, 2006, the Hearing Examiner conducted a duly noticed public hearing on the matter and on February 22, 2006, issued a decision recommending the City Council approve the conditional use permit, subject to conditions; and WHEREAS, it is appropriate for the City Council to give its final approval for such action; and WHEREAS, based on the review given this conditional use permit by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. The Applicant requested approval of a CUP for the construction and operation of a retail store, to sell books and health food items, on property located at the intersection of 32nd Street SE and Auburn Way South in the City of Auburn. The subject property is comprised of three tax parcels: King County Tax Assessor Parcel Numbers 2721059012, 2721059092, and 2721059117. Exhibit 1, Staff Report, Pages 1-2; Exhibit 3, CUP Application; King County Tax Assessor records; Testimony of Mr. Pilcher, a copy of which Exhibit - Attachment is on file with the Office of the City Clerk, copies of which are on file with the Office of the City Clerk. 2. The site is currently vacant but has some trees along its frontage with 32nd Street SE. Exhibit 1, Staff Report, Page 2; Exhibit 8, Aerial Photograph, copies of which are on file with the Office of the City Clerk. Ordinance No. 6009 March 29, 2006 Page 1 of9 3. The subject property is located within the Urban Growth Area. Tax Parcels 2721059092 and 2721059013 are zoned "I" Institutional and are designated as Public/Quasi-Public under the City's Comprehensive Plan. Tax Parcel 2721059092 is zoned R-1 Single Family Residential and is designated as Single Family Residential under the City's Comprehensive Plan. Exhibit 1, Staff Report, Page 2; Testimony of Mr. Pilcher. 4. The site is part of the Auburn Adventist Academy Plan that was adopted by the City in 1991 as part of the Comprehensive Plan. The Academy Plan was developed to address unique uses that would occur as part of the Applicant's development of the property. While Academy Plan policies include limitations on uses for the project site, namely academic or church purposes, it allows secondary uses if such uses are related to the Applicant's mission statement for the project site. Secondary uses are limited in area and must be consistent/compatible with adjoining uses. The Academy Plan authorizes retail sales and services, on a limited basis, north of Auburn Way South and south of 32nd Street SE. Exhibit 1, Staff Report, Page 3; Testimony of Mr. Pitcher. 5. The "I" Institutional zone is intended to "provide an area wherein educational, governmental, theological, recreational, cultural, and other public and quasi-public uses may be allowed to develop." ACC 18.44.010. The zoning district permits retail sales and services that are owned and operated in conjunction with an outright permitted use subject to the issuance of a CUP. ACC 18.44.030(B)(6). Academic schools, including parochial schools and religious institutions, are permitted outright within the zone. ACC 18.44.020(A); ACC 18.44.020(K). 6. Design standards for the "I" Institutional zone include: minimum lot area - 6,000 square feet; minimum lot width - 60 feet; minimum lot depth - 80 feet; minimum lot coverage - 35 percent; minimum set backs - 20 feet front, five feet side interior, 10 feet side street, 25 feet rear; building height - 45 feet. The Applicant's proposal is consistent with these standards. ACC 18.44.050; Exhibit 2, Site Plan, copies of which are on file with the Office of the City Clerk. 7. The R-1 single-family residential zone is intended to "create a living environment of optimum standards for low density, single-family dwellings." ACC 18.12.010. Religious institutions are permitted within the R-1 zone subject to approval ofa CUP. ACC 18.12.030(0). 8. Under the City's Comprehensive Plan, the designation of Public or Quasi-Public is given to uses or land owned/operated by governmental agencies or uses that serve public or general community needs of a non-business or non- profit character but are not conducted by governmental agencies. Quasi-Public Ordinance No. 6009 March 29, 2006 Page 2 of 9 uses include religious uses. The land use designation of Single Family permits, on a conditional basis, uses that serve or support residential development, such as churches, if they are designed in a manner which enhances the area. Auburn Comprehensive Plan, Chapter 14, Comprehensive Land Map; Appendix A. 9. Surrounding properties are primarily owned by the Applicant and zoned for institutional and single-family residential development. Property to the South and West is zoned R-1 Single Family Residential and is undeveloped (South) or being utilized by the City as a water tower site (West). Property to the North and East is zoned "I" Institutional and have been developed by the Applicant for use as an academy campus (North) and a church (East). Exhibit 1, Staff Report, Page 2; Exhibit 3, CUP Application; Exhibit 8, Aerial Photograph, copies of which are on file with the Office of the City Clerk. 10. The Applicant seeks to construct and operate a 4,800 square foot, single-story retail structure. This structure would replace a bookstore that the Applicant is operating at another location on the Academy's campus. The exterior of the structure would include materials similar to those of neighboring structures such as brick wainscot, stucco, and metal roofing. The location of the retail structure itself would be on Parcel 2721059012. Exhibit 1, Staff Report, Page 3; Exhibit 2, Site Plan; Exhibit 3, CUP Application. 11. Off-street parking requirements for various general commercial uses are addressed in ACC Chapter 18.52. The Applicant has proposed a retail store providing two products - books and health food. In Auburn, food retail stores and markets require one parking space for each 200 square feet of gross floor area, or 24 parking spaces for a 4,800 square foot store. ACC 18.52.020(B)(3). Book stores are not listed in ACC 18.52.020 but determining parking standards for the proposed use under "other commercial uses," one parking stall per 500 square feet of gross floor area would be required, or ten parking spaces for the proposed store. ACC 18.52.020(B)(17). The Applicant has proposed 30 parking stalls that would serve both the retail store and the adjacent church. Applicant's proposal would satisfy the off-street parking requirements of the zoning district. Exhibit 1, Staff Report, Page 3; Exhibit 2, Site plan. 12. The proposed stormwater drainage pond and some parking would encroach into Parcel 2721059092 (R-1 zone). The City's Planning Director has the authority to authorize parking for a use to be located in a different zone. ACC 18.52.070(F). City Planning Director Paul Krauss reviewed the proposal and determined that the encroachment would be minor and that locating the parking as the Applicant has proposed would allow for efficient vehicular circulation. Ordinance No. 6009 March 29, 2006 Page 3 of 9 Exhibit 1, Staff Report, Page 4; Exhibit 2, Site Plan; Exhibit 9, Memo from Krauss, copies of which are on file with the Office of the City Clerk. 13. Standards for the "I" Institutional district require that a five-foot Type III landscape strip be provided along all street frontages. ACC 18.50.050(D)(1). The City noted that several large deciduous and one cedar tree are located on the site. ACC 18.50.060(L) requires that all "Significant Trees" be retained and made part of the landscape plan. The Applicant's representative stated that they would attempt to keep trees but some are not healthy and should be removed. City Staff stated that the ACC defines "significant trees" as healthy trees and that removal of unhealthy trees is permitted. ACC 18.50.030(0); Exhibit 1, Staff Report, Page 3; Exhibit 2, Site Plan; Testimony of Mr. Dormier; Testimony of Mr. Pilcher, copies of which Exhibits are on file with the Office of the City Clerk. 14. The Applicant has not proposed signage at this time. ACC 18.56.030(C) regulates signage in the "I" Institutional district. All signs must comply with the sign requirements of the district. Exhibit 1, Staff Report, Page 5, a copy of which Exhibit is on file with the Office of the City Clerk. 15. Access to the site would be via 32nd Street SE, a residential collector. There are currently two driveways which provide access from 32nd Street SE to the parking area for the adjacent church. The Applicant proposed to construct a third driveway west of the existing driveways and connect the retail store's parking area to the church's parking area and driveways via an access road that currently runs behind the church on the south. This connection would create a looping parking system that would facilitate circulation. A deviation request issued by the City Engineer is required to allow for a third driveway to serve Parcel 2721059012. Exhibit 1, Staff Report, Pages 3-4; Exhibit 2, Site Plan; Exhibit 9, Memo from Krauss, copies of which Exhibits are on file with the Office of the City Clerk. 16. Because the intersection of Auburn Way South, a principal arterial, and 32nd Street SE is an unsignalized intersection, the City's Transportation Department noted that the proposed location of the driveway may create turning movement conflicts. City Staff recommended that the Applicant re-design the existing driveway to the east of the project site so that it aligns with the private roadway that serve's the Applicant's academy to the north of 32nd Street SE. In the alternative, City Staff recommended that the Applicant restrict the proposed driveway to a right-in/right-out only configuration by installing a "C" curb. The Applicant's representative stated that limiting access would impact delivery trucks attempting to turn into the retail site. The Applicant's representative also stated that they did not want to combine the retail store's driveway with the church's driveway to the east. City Staff stated that they would need to measure the site Ordinance No. 6009 March 29, 2006 Page 4 of 9 for truck access and that it may be possible to adjust the turning control features. Exhibit 1, Staff Report, Pages 3-4, 5; Testimony of Mr. Dormier; Testimony of Mr. Welsh, copies of which are on file with the Office of the City Clerk. 17. The City recommended that the Applicant dedicate an 11-foot right- of-way for future road widening at the subject property's border with Auburn Way South. The City also recommended that the Applicant construct street frontage improvements along Auburn Way South. The Applicant's representative stated that numerous improvements have been proposed in the future for Auburn Way South and that any improvements would be "orphaned" improvements. City Staff concurred with this statement and recommended that the Applicant enter into a Street Improvement Delay Agreement, a non-protest agreement under which the Applicant would agree to pay for frontage improvements when such improvements have been determined, with the City. Exhibit 1, Staff Report, page 5; Exhibit 2, Site Plan; Testimony of Mr. Dormier; Testimony of Mr. Welsh; Testimony of Mr. Pilcher. 18. The City has determined that due to the small size of the retail structure, the proposal falls below the threshold for environmental review under Washington's State Environmental Policy Act (SEPA), RCW 43.21C. Exhibit 1, Staff Report, Page 3; WAC 197-11-800. 19. The City provided reasonable notice of the February 22, 2006 public hearing. Notice was posted on-site on February 8, 2006; was mailed to all property owners within 300 feet of the affected site on February 10, 2006; and was published in the King County Journal on February 10, 2006. Exhibits 4,5, 6, and 7- Notice, copies of which are on file with the Office of the City Clerk. CONCLUSIONS OF LAW Jurisdiction The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the Auburn City Council on an application for a Conditional Use Permit pursuant to ACC 18.64.020(A) 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 Auburn City Code 18.64.040 provides criteria for review for CUP applications. A CUP application shall only be approved if the Applicant can demonstrate that: Ordinance No. 6009 March 29, 2006 Page 5 of 9 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 are than would any use generally permitted in the district. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of ACC Title 18. 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. 5. The proposal will not adversely affect the public infrastructure. 6. The proposal will not cause or create a public nuisance. Conclusions Based on Findinas 1. The use will have no more adverse effect on the health. safetv, or comfort of persons 'ivina or workino in the area and will be no more iniurious. economically or otherwise. to property or improvements in the surroundina are than would any use aenerally permitted in the district. The Applicant has proposed to replace an existing retail bookstore with a retail book/health food store. The new retail store is located on a more accessible and visible area of the Applicant's Academy site. Surrounding land is generally comprised of property owned and operated by the Applicant as part of their Auburn Adventist Academy. Church members and Academy students would be the primary customer base for the retail store. Findings of Fact Nos. 1, 3, 4, 9, 10, 11, 13, 15,16,17, and 18. 2. The proposal is in accordance with the aoals. policies. and obiectives of the Comprehensive Plan. The proposed use is permitted within the Auburn Adventist Academy Special Area Plan, which has been adopted as part of the City's Comprehensive Plan. The goals and policies of the Academy Plan are supported by the proposal. Findings of Fact Nos. 3, 4, and 8. 3. The proposal complies with all reauirements of ACC Title 18. Required lot size, width, setbacks, landscaping, signage, and parking are being provided. A deviation request is required if a third driveway is needed. The Planning Director has approved a parking variation. Findings of Fact Nos. 3, 5, 6,7,10,11,12,13,14, and 19. Ordinance No. 6009 March 29, 2006 Page 6 of 9 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in desian, character. and appearance with the existina or intended character of the aeneral vicinity. The Applicant has designed the proposed retail store with materials that are compatible with the adjacent structures. Landscaping will be required that would further enhance the site. Findings of Fact Nos. 10 and 13. 5. The proposal will not adversely affect the public infrastructure. There will be no traffic impacts and no adverse effect on infrastructure. Conditions of approval will provide for control of access to the site, for dedication of a right-of-way for future road widening, and for frontage improvements for Auburn Way South. Findings of Fact Nos. 11, 15, 16, and 17. 6. The proposal will not cause or create a public nuisance. No concerns were presented at hearing or through the exhibits that approval would cause or create a public nuisance. NOW THEREFORE, BASED ON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: 1. Approval - Conditions. The requested conditional use permit (Case File No. CUP06-0001) to authorize the construction of a book/health food store at the Auburn Adventist Academy campus, is hereby approved, subject to conditions: Based upon the preceding Findings and Conclusions, and the Hearing Examiner recommendation that the Auburn City Council APPROVE the Applicant's request for a Conditional Use Permit to construct and operate a retail sales and service building on property located at the intersection of 32nd Street SE and Auburn Way South, the approval is subject to the following conditions: 1. The Applicant and the City of Auburn must enter in an agreement for the location of the proposed driveway and/or the restriction on turning movements into the proposed facility from 32nd Street SE. If the Applicant constructs a third driveway, a deviation request must be obtained from the City Engineer. 2. The Applicant shall dedicate 11 feet of right-of-way along Aubum Way South (State Route 164) for future road widening. 3. The Applicant shall enter into a Street Improvement Delay Agreement with the City of Auburn for the necessary street frontage improvements along Auburn Way South. Ordinance No. 6009 March 29,2006 Page 7 of 9 4. Five-foot wide landscape strips along 32nd Street SE and Auburn Way South shall be augmented with a variety of drought-resistant shrubs as depicted on Applicant's landscape plan. 5. Per ACC 18.50.030(E), the final landscape plan shall identify all "Significant Trees". The Applicant shall preserve all trees located within the portions of the subject property not proposed for development. 6. 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. 7. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 8. 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6009 March 29, 2006 Page 8 of 9 Publication: Ordinance No. 6009 March 29, 2006 Page 9 of 9 BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) ) Western Washington Corporation ) Of Seventh Day Adventist ) ) For a Conditional Use Permit ) NO. CUP06-0001 . FINDINGS, CONCLUSIONS AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a Conditional Use Permit for the construction and operation of a retail sales and services store within an "I" Institutional zoning district be APPROVED, subject to conditions. SUMMARY OF RECORD Requests: The Western Washington Corporation of Seventh Day Adventist (Applicant), through their representative J.B. Rupert, Rupert Engineering Inc., requested a Conditional Use Permit (CUP) for the construction and operation of a retail sales and service store that would sell books and health food items on property located at the intersection of 32"d Street SE and State Route 164 (Auburn Way South), Auburn, Washington. Hearing Date: The Hearing Examiner for the City of Auburn held an open record public hearing on February 22, 2006. Testimony: The following individuals presented testimony under oath at the open record public hearing: Steve Pilcher, City of Auburn Planner Joe Welsh, City of Auburn Transportation Engineer David Dormier, P.E., Rupert Engineering Inc., Applicant's Representative Exhibits: The following exhibits were admitted at the open record public hearing: Exhibit I: Staff Report Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Site Map Application for Conditional Use Permit Notice of Public Hearing Affidavit of Posting Affidavit of Mailing Confirmation of Publication of Legal Notice Aerial Photograph Memorandum from Paul Krauss, Planning Director for City of Auburn, dated February 10, 2006 RE: Parking Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS I. The Applicant requested approval of a CUP for the construction and operation of a retail store, to sell books and health food items, on property located at the intersection of 32nd Street SE and Auburn Way South in the City of Auburn. The subject property is comprised of three tax parcels: King County Tax Assessor Parcel Numbers 2721059012, 2721059092, and 2721059117. Exhibit 1, Staff Report, Pages 1-2; Exhibit 3, CUP Application; King County Tax Assessor records; Testimony of Mr. Pilcher. 2. The site is currently vacant but has some trees along its frontage with 32nd Street SE. Exhibit 1, Stqff Report, Page 2; Exhibit 8, Aerial Photograph. 3. The subject property is located within the Urban Growth Area. Tax Parcels 2721059092 and 2721059013 are zoned "I" Institutional and are designated as Public/Quasi-Public under the City's Comprehensive Plan. Tax Parcel 2721059092 is zoned R-l Single Family Residential and is designated as Single Family Residential under the City's Comprehensive Plan. Exhibit 1, Staff Report, Page 2; Testimony of Mr. Pilcher. 4. The site is part of the Auburn Adventist Academy Plan that was adopted by the City in 1991 as part of the Comprehensive Plan. I The Academy Plan was developed to address unique uses that would occur as part of the Applicant's development of the property. While Academy Plan policies include limitations on uses for the project site, namely academic or church purposes, it allows secondary uses if such uses are related to the Applicant's mission statement for the project site. Secondary uses are limited in area and must be consistent/compatible with adjoining uses. The Academy Plan authorizes retail sales and serviCes, on a limited basis, north of Auburn Way South and south of 32nd Street SE. Exhibit 1, Staff Report, Page 3; Testimony of Mr. Pilcher. I Resolution 2254, November 18, 1991. W. Washington Seventh Day Adventist - CUP06-001 City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 2 of8 5. The "I" Institutional zone is intended to "provide an area wherein educational, governmental, theological, recreational, cultural, and other public and quasi-public uses may be allowed to develop." ACC 18.44.010. The zoning district permits retail sales and services that are owned and operated in conjunction with an outright permitted use subject to the issuance of a CUP. ACC 18. 44. 030(B)(6). Academic schools, including parochial schools and religious institutions, are permitted outright within the zone. ACC 18.44.020(A); ACC 18. 44.020(K). 6. Design standards for the "I" Institutional zone include: minimum lot area - 6,000 square feet; minimum lot width - 60 feet; minimum lot depth - 80 feet; minimum lot coverage - 35 percent; minimum set backs - 20 feet front, five feet side interior, 10 feet side street, 25 feet rear; building height - 45 feet. The Applicant's proposal is consistent with these standards. ACC 18.44.050; Exhibit 2, Site Plan. 7. The R-l single-family residential zone is intended to "create a living environment of optimum standards for low density, single-family dwellings." ACC 18.12.010. Religious institutions are permitted within the R-l zone subject to approval of a CUP. ACC 18. 12. 030(D). 8. Under the City's Comprehensive Plan, the designation of Public or Quasi-Public is given to uses or land owned/operated by governmental agencies or uses that serve public or general community needs of a non-business or non-profit character but are not conducted by governmental agencies. Quasi-Public uses include religious uses. The land use designation of Single Family permits, on a conditional basis, uses that serve or support residential development, such as churches, if they are designed in a manner which enhances the area. Auburn Comprehensive Plan, Chapter 14, Comprehensive Land Map; Appendix A. 9. Surrounding properties are primarily owned by the Applicant and zoned for institutional and single-family residential development. Property to the South and West is zoned R-l Single Family Residential and is undeveloped (South) or being utilized by the City as a water tower site (West). Property to the North and East is zoned "I" Institutional and have been developed by the Applicant for use as an academy campus (North) and a church (East). Exhibit 1, Staff Report, Page 2; Exhibit 3, CUP Application; Exhibit 8, Aerial Photograph. 10. The Applicant seeks to construct and operate a 4,800 square foot, single-story retail structure. This structure would replace a bookstore that the Applicant is operating at another location on the Academy's campus. The exterior of the structure would include materials similar to those of neighboring structures such as brick wainscot, stucco, and metal roofing. The location of the retail structure itself would be on Parcel 2721059012. Exhibit 1. Staff Report, Page 3; Exhibit 2, Site Plan; Exhibit 3, CUP Application. 11. Off-street parking requirements for various general commercial uses are addressed in ACC Chapter 18.52. The Applicant has proposed a retail store providing two products - books and W Washington Seventh Day Adventist- CUP06-00J City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 3 of8 health food. In Auburn, food retail stores and markets require one parking space for each 200 square feet of gross floor area, or 24 parking spaces for a 4,800 square foot store. ACC 18. 52. 020(B)(3). Book stores are not listed in ACC 18.52.020 but determining parking standards for the proposed use under "other commercial uses," one parking stall per 500 square feet of gross floor area would be required, or ten parking spaces for the proposed store. ACC 18. 52. 020(B)(17). The Applicant has proposed 30 parking stalls that would serve both the retail store and the adjacent church. Applicant's proposal would satisfY the off-street parking requirements of the zoning district. Exhibit 1, Staff Report, Page 3; Exhibit 2, Site plan. 12. The proposed stormwater drainage pond and some parking would encroach into Parcel 2721059092 (R-I zone). The City's Planning Director has the authority to authorize parking for a use to be located in a different zone. ACC 18. 52. 070(F). City Planning Director Paul Krauss reviewed the proposal and determined that the encroachment would be minor and that locating the parking as the Applicant has proposed would allow for efficient vehicular circulation. Exhibit 1, StqfJ Report, Page 4; Exhibit 2, Site Plan; Exhibit 9, Memo from Krauss. 13. Standards for the "I" Institutional district require that a five-foot Type III landscape strip be provided along all street frontages. ACC 18.50.050(D)(1). The City noted that several large decidious and one cedar tree are located on the site. ACC 18.50.060(L) requires that all "Significant Trees" be retained and made part of the landscape plan. The Applicant's representative stated that they would attempt to keep trees but some are not healthy and should be removed. City Staff stated that the ACC defines "significant trees" as healthy trees and that removal of unhealthy trees is permitted. ACC 18.50,030(D). Exhibit 1, Staff Report, Page 3; Exhibit 2, Site Plan; Testimony of Mr. Dormier; Testimony of Mr. Pilcher. 14. The Applicant has not proposed signage at this time. ACC 18.56.030(C) regulates signage in the "I" Institutional district. All signs must comply with the sign requirements of the district. Exhibit 1, Staff Report, Page 5. 15. Access to the site would be via 32nd Street SE, a residential collector. There are currently two driveways which provide access from 32nd Street SE to the parking area for the adjacent church. The Applicant proposed to construct a third driveway west of the existing driveways and connect the retail store's parking area to the church's parking area and driveways via an access road that currently runs behind the church on the south. This connection would create a looping parking system that would facilitate circulation. A deviation request issued by the City Engineer is required to allow for a third driveway to serve Parcel 2721059012. Exhibit 1, Staff Report, Pages 3-4; Exhibit 2, Site Plan; Exhibit 9. Memofrom Krauss. 16. Because the intersection of Auburn Way South, a prinicipal arterial, and 32nd Street SE is an unsignalized interstated, the City's Transportation Department noted that the proposed location of the driveway may create turning movement conflicts. City Staff recommended W Washington Seventh Day Adventist - CUP06-001 City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 4 of8 that the Applicant re-design the existing driveway to the east of the project site so that it aligns with the private roadway that serve's the Applicant's academy to the north of 32nd Street SE. In the alternative, City Staff recommended that the Applicant restrict the proposed driveway to a right-inlright-out only configuration by installing a "C" curb. The Applicant's representative stated that limiting access would impact delivery trucks attempting to turn into the retail site. The Applicant's representative also stated that they did not want to combine the retail store's driveway with the church's driveway to the east. City Staff stated that they would need to measure the site for truck access and that it may be possible to adjust the turning control features. Exhibit 1, Staff Report, Pages 3-4, 5; Testimony of Mr. Dormier; Testimony of Mr. Welsh. 17. The City recommended that the Applicant dedicate an ll-foot right-of-way for future road widening at the subject property's border with Auburn Way South. The City also recommended that the Applicant construct street frontage improvements along Auburn Way South. The Applicant's representative stated that nwnerous improvements have been proposed in the future for Auburn Way South and that any improvements would be "orphaned" improvements. City Staff concurred with this statement and recommended that the Applicant enter into a Street Improvement Delay Agreement, a non-protest agreement under which the Applicant would agree to pay for frontage improvements when such improvements have been determined, with the City. Exhibit 1, Staff Report, page 5; Exhibit 2, Site Plan; Testimony of Mr. Dormier; Testimony of Mr. Welsh; Testimony of Mr. Pilcher. 18. The City has determined that due to the small size of the retail structure, the proposal falls below the threshold for environmental review under Washington's State Environmental Policy Act (SEPA), RCW 43.2IC. Exhibit 1, Staff Report, Page 3; WAC 197-11-800. 19. The City provided reasonable notice of the February 22, 2006 public hearing, Notice was posted on-site on February 8, 2006; was mailed to all property owners within 300 feet of the affected site on February 10, 2006; and was published in the King County Journal on Februarty 10, 2006. Exhibits 4, 5, 6, and 7- Notice. CONCLUSIONS Jurisdiction The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the Auburn City Council on an application for a Conditional Use Permit pursuant to ACC 18.64.020(A) 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 W Washington Seventh Day Adventisl- CUP06-001 City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 5 of8 Auburn City Code 18.64.040 provides criteria for review for CUP applications. A CUP application shall only be approved if the Applicant can demonstrate that: I. 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 are than would any use generally permitted in the district. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of ACC Title 18. 4. The proposal can be constructed and maintained so as to be hannonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. 5. The proposal will not adversely affect the public infrastructure. 6. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 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 othenvise, to property or improvements in the surrounding are than would any use generally pennitted in the district. The Applicant has proposed to replace an existing retail bookstore with a retail book/health food store. The new retail store is located on a more accessible and visible area of the Applicant's Academy site. Surrounding land is generally comprised of property owned and operated by the Applicant as part of their Auburn Adventist Academy. Church members and Academy students would be the primary customer base for the retail store. Findings of Fact Nos. 1, 3, 4, 9, 10, 11, 13, 15, 16,17, and 18. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The proposed use is permitted within the Auburn Adventist Academy Special Area Plan, which has been adopted as part of the City's Comprehensive Plan. The goals and policies of the Academy Plan are supported by the proposal. Findings of Fact Nos. 3, 4, and 8. 3. The proposal complies with all requirements of ACC Title 18. Required lot size, width, setbacks, landscaping, signage, and parking are being provided. A deviation W Washington Seventh Day Adventist - CUP06-001 City of Auburn Hearing Exam iner Findings, Conclusion, and Recommendation Page 60f8 request is required if a third driveway is needed. The Planning Director has approved a parking variation. Findings of Facl Nos. 3, 5. 6, 7, 10, 11, 12, 13, 14, and 19. 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. The Applicant has designed the proposed retail store with materials that are compatible with the adjacent structures. Landscaping will be required that would further enhance the site. Findings of Fact Nos. 10 and 13. 5. The proposal will not adversely affect the public infrastructure. There will be no traffic impacts and no adverse effect on infrastructure. Conditions of approval will provide for control of access to the site, for dedication of a right-of-way for future road widening, and for frontage improvements for Auburn Way South. Findings of Fact Nos. 11, 15, 16, and 17. 6. The proposal will not cause or create a public nuisance. No concerns were presented at hearing or through the exhibits that approval would cause or create a public nuisance. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the Auburn City Council APPROVE the Applicant's request for a Conditional Use Pennit to construct and operate a retail sales and service building on property located at the intersection of 32nd Street SE and Auburn Way South, subject to the following conditions: 1. The Applicant and the City of Auburn must enter in an agreement for the location of the proposed driveway and/or the restriction on turning movements into the proposed facility from 32nd Street SE. If the Applicant constructs a third driveway, a deviation request must be obtained from the City Engineer. 2. The Applicant shall dedicate II feet of right-of-way along Auburn Way South (State Route 164) for future road widening. 3. The Applicant shall enter into a Street Improvement Delay Agreement with the City of Auburn for the necessary street frontage improvements along Auburn Way South. 4. Five-foot wide landscape strips along 32nd Street SE and Auburn Way South shall be augmented with a variety of drought-resistant shrubs as depicted on Applicant's landscape plan. w Washington Seventh Day Adventist - CUP06-00 I City oJ Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 70J8 5. Per ACC l8.50.030(E), the final landscape plan shall identifY all "Significant Trees". The Applicant shall preserve all trees located within the portions of the subject property not proposed for development. Decided this ~ay of March, 2006. " t~~t ames M. Driscoll City of Auburn Hearing Examiner W. Washington Seventh Day Adventist- CUP06-001 City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 8 of8 . ~ y I .AUfiuitN AGENDA BILL APPROVAL FORM __./ii WASHINGTON Aqenda Subiect Public Hearing Application No. CUP06-0001 Date: 2/15/2006 Department: Planning I Attachments: Please refer to Exhibit Budget Impact: NA List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the requested Conditional Use Permit based upon the Findinqs of Fact, Conclusions and Conditions as outlined. Backqround Summary: OWNER/APPLICANT: Western Washington Corporation of Seventh Day Adventists REQUEST: Conditional Use Permit to allow a book/health food store within a "I" Institutional zone district. LOCATION: 5040 Auburn Way South; the site is located at the southeast corner of the intersection of Auburn Way South and 32nd St. SE, adjacent to the Academy Seventh Day Adventist Church. EXISTING ZONING: "I" Institutional . EXISTING LAND USE: The site of the store is currently vacant, but is adjacent to and will share parking with the church. COMPREHENSIVE PLAN DESIGNATION: Public/Quasi-Public (Academy Special Area Plan) SEPA STATUS: Exempt tieVlewed by t;ouncil & Committees: , ReViewed by Departments & Ulvlsions: ~ A'" C~m''''," CO,"CIC COMMlTmS' ~ "'"'"9 ~ "'0 A'"", ~F1"""~ Cemetery Mayor Hearing Examiner Municipal Servo Finance Parks Human Services Planni~ & CD Fire Planning Park Board Public orks L al Police Planning Comm. Other P~IiC Works Human Resources Action: Committee Approval: BYes BNO Council Approval: Yes No Call for Public Hearing _/~- Referred to Until / / Tabled Until T-r-- Councilmember: Norman 1 Staff: Pilcher Meetino Date: February 22, 2006 I Item Number: AUBURN '" MORE THAN YOU IMAGINED Aqenda Subiect Public Hearing CUP 06-0001 Date: 2/16/2006 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: COlllprehensive Zoning Land Use Plan .. Site Public/Quasi-Public "I" Institutional Vacant North Public/Quasi-Public "I" Institutional Academv camous South Single Family R1 Single Family Vacant (Academy Residential Residential ownership) East PubliC/Quasi-Public "I" Institutional Seventh Day Adventist Church West Public/Quasi-Public R1 Single Family City Water Tower site Residential EXHIBIT LIST Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit9 Staff Report Vicinity Map Application Notice of Public Hearing Affidavit of Posting Affidavit of Mailing Confirmation of Publication of Legal Notice Aerial Photograph Memo of February 10, 2006 from Paul Krauss, Planning Director concerning parking lot Intrusion into R1 zone FINDINGS OF FACT: 1. On behalf of the Western Washington Corporation of the Seventh Day Adventists, J, B. Rupert has applied for a conditional use permit to allow a book/health food store as part of the overall Academy development. 2. The site is zoned "I" Institutional and is designated Public/Quasi-Public on the Comprehensive Plan Map. The site is also part of the Auburn Adventist Academy Plan, adopted by the City on November 18, 1991 (Resolution No. 2254). 3. The site is currently vacant, except for what appears to be a small pump house in its southern portion. A row of trees is located along the property's frontage on 32"d St. SE; this pattern of trees continues past the adjacent church. Several large deciduous and one cedar tree are also located on the property. 4. ACC 18.44,030 (Institutional Zone) provides that retail sales and services, when owned and operated in conjunction with an outright permitted use. may be permitted, subject to the granting of a conditional use permit. The Institutional Zone permits outright "academic schools, including public, parochial, and private, which offer instruction in several branches of learning." It also allows "religious institutions" and "quasi-public buildings and uses of a ....religious. type." (ACC 18.44.020). Page 2 of 5 Aqenda Subiect Public Hearing CUP 06-0001 Date: 2/15/2006 5. Policy A.1.8 of the Auburn Adventist Academy Plan states: "The area lying generally north of Auburn Way South and south of 32"' Street S.E. shall either be used for academic, including administrative offices; church, residential to include nursing and retirement homes, recreational, campground or agricultural and associated uses, excluding livestock. Other uses may involve retail sales and services, but on a limited basis." 6. The Auburn Adventist Academy currently operates a book store at another location on their campus; the proposed book store will replace current store, but in a more visible and readily accessible location. 7. The proposed store will be a single-story, 4800 sq. ft. structure. Exterior finish materials will include a brick wainscot, stucco and metal roofing, The entrance will be oriented towards 32"' St. SE and the proposed parking lot. Thirty (30) new parking stalls will be provided as part of this project. These stalls will serve both the store and will be available to the adjacent church. As part of the overall project, the applicant will also pave a currently unpaved parking area and access road that passes around the rear of the church building. However, that activity is not part of this conditional use permit request. 8. The landscape plan submitted with the application indicates the intent to maintain/plant street trees along the frontages on both 32"' St. SE and Auburn Way South. This landscape strip would also feature a variety of shrubs between the trees. Parking lot landscaping will be provided per code requirements. The remainder of the site will feature lawn, groundcover and additional trees. 9. The site is located at the intersection of 32"' St. SE and Auburn Way South, an unsignalized intersection. Auburn Way South is classified as a Principal Arterial, while 32"' St. SE is classified as a Residential Collector. 32"" loops through the Academy area and eventually reconnects with AWS to the east as Academy Drive, That intersection is signalized, 10. The "I" Institutional zone district is intended to "allow a combination of uses which may not be permitted outright within other zones." 11. The project site is within the Auburn Adventist Academy Special Plan area. The "Academy Plan" was adopted in 1991 in recognition of the number of unique uses that occur at this facility than typically occur with other schools. Applicable Plan policies include the following: A.1.1. ....The principal use of the Academy shall be academic or church related. Any non-traditional academic or church use shall be considered secondary uses, Secondary uses must support the principal use of the property. A.1,2 Secondary uses shall be related to the Academy's "Mission Statement." A.1.3 Secondary uses shall be limited in area and must be consistent with and compatible to adjoining uses. A.1.8 The area lying generally north of Auburn Way South and south of 32"' Street S.E. shall either be used for academic, including administrative offices; church, residential to include nursing and retirement homes, recreational, campground or agricultural and associated uses, except livestock, 12, Due to the size of the proposed structure, the level of construction activity falls below the SEPA categorical exemption thresholds; therefore, a SEPA checklist and determination were not required. Page 3 of 5 Aqenda Subiect Public Hearing CUP 06-0001 Date: 2/15/2006 13, Functional intersection boundaries per City of Auburn Design Standards (Table 10-4 and Figure 10-4) indicate that the restricted (no left turn) zone of the intersection of Auburn Way South and 32"' Sl. SE extends 222 feet from the stop bar along 32"' St. SE. The City's Transportation Planner has indicated that this driveway could be used if restricted to right-in, right-out turning movements. The Transportation Planner recommends the applicant redesign the existing driveway located to the east (currently serving the church) so that it aligns with the existing access on the north side of the street; this driveway could then function with full turning movements, 14. The City Engineer would need to approve a deviation request from Design Standard 10,04.4.1 to allow a third driveway to serve this parcel. CONCLUSIONS: ACC Chapter 18.64 provides certain criteria for approval of a conditional use permit: 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. The proposed book/health food store is a part of the overall Adventist Academy and surrounding by properties under the Academy's control/ownership. It is proposed to be located at the intersection of a Residential Collector and a Principal Arterial street. Staff assumes the primary users of the store would be church members, students and employees at the Academy, and other Seventh Day Adventists who may visit the Academy site of area-wide activities. The Transportation section has noted potential turning movement conflicts with the proposed driveway location. It the driveway is reconfigured as suggested or turning movements are limited. the project should not have an adverse impact on public safety. Staff finds the proposal, as conditioned, to be consistent with this criteria, 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The project is located within the Auburn Adventist Academy Special Plan area. The policies cited under Findings #9 above are supportive of the proposal. Staff finds the proposal to be consistent with this criteria. 3. The proposal complies with all requirements of this title (i.e., Zoning Code). The proposed use meets all Zoning Code standards regarding setbacks, building height, parking, queuing space, pedestrian accessibility, landscaping, etc, The Planning Director has approved the slight intrusion of the parking lot/driveway onto an adjacent parcel zoned R 1 pursuant to ACC 18,52.070.F. Staff finds the proposal to be consistent with this criteria. 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. Page 4 of 5 Aqenda Subiect Public Hearing CUP 06-0001 Date: 2/15/2006 The proposed store is relatively small in relation to the size of the adjacent church. Proposed building materials are compatible with the adjacent structure. Although signage has not been proposed at this time, the applicant will be limited to the type of signs allowed within the "I" Institutional Zone (one freestanding sign per street frontage, no greater than 18 ft. in height, 80 sq, fl in area (second sign cannot exceed 40 sq. ft,); two wall signs per street frontage, not to exceed 50 sq. ft. total; all signs may be internally illuminated). As noted, there are existing street trees along 32"' St. SE that could be preserved as part of this proposal. It also appears it may be feasible to preserve other existing trees on the property. Staff will recommend this as a condition of approval. Staff finds the proposal to be consistent with this criteria. 5. The proposal will not adversely affect the public infrastructure. The Public Works staff does not anticipate any significant adverse impact on the public infrastructure, Staff finds the proposal to be consistent with this criteria. 6. The proposal will not cause or create a public nuisance. The site is located along a busy arterial corridor. Users of the facility are presumed to be primarily individuals who would be attending activities at the Academy even without this use. Since the site is primarily surrounded by other properties the Academy uses, it is doubtful to cause a nuisance to other properties in the vicinity. Staff finds the proposal to be consistent with this criteria. 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 with the following conditions of approval: 1. The proposed driveway shall either be relocated and combined with the driveway to the east or, if remaining in the present location, shall be restricted to right-in/right-out turning movements. 2. The applicant shall dedicate 11 feet of right-of-way along Auburn Way South for future road widening. 3. The applicant shall either construct street frontage improvements on Auburn Way South or receive approval of a street delay. 4. The existing street trees along 32"' Sl SE shall be preserved; street tree plantings along Auburn Way South should match these tree species. 5. The landscaped strip adjacent to the streets shall be augmented with a variety of shrubs as depicted on the landscape plan. 6, The final landscape plan shall identify all "significant trees" per Auburn City Code 18.50.030.E. The applicant shall attempt to preserve all trees located within portions of the site not proposed for development. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. Page 5 of 5 ',<, ~: IHlf_ttllJ:lj +If..::'......: HWMrw 3SaaHt~OOlg 101""'................._111' I. lil 'I'flIr\LCI1'IItIUI_....~1G0Nl.'UlI_ iW I1l i:J ..... 'OUI 'IIUII..UiDUII I'.dnlll 3l101S llOO8 '0'8"1 NV1d 3l1S M_ I I , : i (,) ~II. 'I 1,,1111 ~ I~I: ~ : 1 0 0 0 . , ... y . . . . .' , . + i lliilli:lIlli111111 I E , 1III1lISlCllO' I )( + m....~.... ........ II t ![jIlllIillW ... r T" I II I il II I n i i 11"11 i II ! 'II I I I II., .11 i1i .j i ili! Ilill Ii 1111:,111-1' ~!!h.I"iJ 1=,1 llilli I!!!~ i!!!!!i!!!!!!~1II mi~lillI! II Ill!l!illi ;il!I!1 19 .'. 'II' , ;lIil i.lll', IIIII li:l!! 1!lIi !,'I' ,I "11 "1 li!il j!I,ll illll I. 'Ii =1:..1 I!' ~ !i.1I ~ ~II !I Ii; I " Ie "I,' i ill =Il'i' I! jil!llj','I'! j:! !I!II.! !! il=!i',il.1 ~ d', 111I' ',I 1"1' II 1:1: ",I'l' 'I" !,'jI11Ii.11 ';, ", 1.1'" i'=UI, - ~If Unn !1I ,lif!nlllll ----_..~~.._...,"".~,--,-.,,'~~~-""., ~ "" ....J I..U u.. ,I >- mil < I" .9~....J I. c... .. -.:;- ~ ,\,..z ~ /1 )7.:;% Ii' jl,m"llli:I!", ' I"'Ii 11',illl,',I. "11':.11 li,.I,'II'I'I'" 1"1111' .fl.n!~ii.! ~I I"" II 'II! il I~ ;/',: I,,' I' ili ,I; ~ "iil.l!!1 ! i ' I I' 1111., , ~ I II i Inl i,' ; :'111:' i I I\>' ;IiI!: II i I !II 111111'1."", I !" . 1I i I !II i Iii !Ii II i ~.- ."."~D' c. '1' "";..;., i'''".. . {'\;;,,-,~vL~ fi.! ~ ""N 1 2 2006 CONDITIONAL USE PERMIT APPLICATION CITY QF AUBURN !311ll0ING DIViSION Au/u rll5/J1! 4t:-deH1-;- # PROPERTY OWNER'S NAM ('/LlPo~-oa)1 APPUCATION NUMBER Sec. Twp. Rng.: Zone Existing: Area Code: Request ;l ~:2 '1 -()I Date Received: Scheduled Public Hearing: Staff Project Coordinator: /-/,;z~tf.6 ~&AAA&AA&AA'******~******........~...........*****~**........... Do Not Write Above This Une APPUCANT: 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: (l,R.:snA"'I~ SnRP' (Please attach a 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? ' Sl~ nus 'PRoJ:ER.TV JSON/,JElJ AND {s BEIN~ bEVEl-OPED B'I ~ WASl-I'~1J ~""-l OF ~-N-rn-U'f 4w~ 1 t>, REL1F ~A>>lZArION7 /WfJ'S.tJCE. Rs-L..Tq/OUS !l.sES ARa r.JOl 'R::R"'1/m;:namv'1l1T IN ANI{ ZDNE.7 .1\ QlNDITJOt-.lAL WSi;>ERM rr IS Tl{E CNLl.( QP11oN'Tl-/Kr WILL AJ..LoW THE ~DFW101oJ ,.-0 tl6.\IELE:lP "tl-I1:: FR..DPE:R.1Y 70 3.UT' -melR.. NF~D"". Condnional Use Permn Revised1.l6r'2OO5 Page 4 of7 B. Why is this Conditional Use Pennil compatible with the other existing uses in the neighborhood? A.LL OF TIJE. ~UND/~q ~ES:' ARe OWAJEb 4OP~~ 'B'f 1llE. lAksn:RN ~/N~7W ~A."T10"-' OF SiWSNrn- '[),..Y ~sr:f AW'!WW k,VENnS'f" -AcAt:.FMI.(. C. Why is this Conditional Use Pennil compatible with the existing zoning in the area? ~ OF f1.i'E. A'l:ffil.~ PR~ AAI=-2L::Ns:::, JIJs.rnurIONAl- AND Af?1=. OPE~ 8f AuBww Aw.E^JT1ST" ~Etvtl.{. {HE. PRo~ STlQ.LL.C.TURS. WILL CDl-J'IAJ"-' A RELJ1IOu.s. ~R.E.. f1.W WIL..t. SER,vt:: As AN AC(JEssOR.!( -ro Tl-IOSE. PRD'FER.TlES ~ D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? ~C-. Conditional Use Pennij Revised116f2OO5 Page 5 of? ALL PROPERTY OWNERS INCLUDED IN THIS APPLICA TlON MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRlPTlON AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLlCATlON AND ITS ATTACHMENTS. PARCEL NAME, ADDRESS AND PHONE NUMBER SIGNATURE NUMBER (Please Print) ~1~rJ~~~lFS~ r ~ 3~S{) .s ~y"N:m VVA.'f, ::\WTE 2.J::f:) Fae.RAL- WA1.i. 7 WA ~f Fax number f2_5~ b5/-GD$4 E-mail address d(1sn'l.~FI1llnf'l@w('..npuc.o- Fax number E-mail address DESIGNATED CONTACT PERSON: Name: JB ~Iq Address: .1?J..q W VllUB( J./wv N., S:tnE /0/ I City/Phone: AMtU1t..11lUA ~ (:25<3)S3?-777G Fax number ~ Q5'l-:l../f:P.. E-mail addr~ hf'~t (Q) ~Y'tectC()m. Indicate Method for Future Notifications Fax Mail Telephone I E-mail L PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPUCATlON. Conditional Use Permit Re'o'ised1~ Page 6 of? LEGAL DESCRIPTION OF PROPERTY nRCEL *.:2.721()5Qoq2- FEE PAVMENT: $n8.oo for residential; $1,038.00 for commercial; plus $727.00 for Environmental Checklist T.R. # 5io ~ ~ Date Received I 1I'd!b\o Cashier's Initials Conditional Use Permit Revised 1J6/2005 Page 7 of7 MEMORANDUM Date: February 10,2006 To: Case File No. CUP06-0001, Western Washington Corporation of Seventh Day Adventists From: Paul Krauss, Planning, Building and Community Director Re: Location of off-street parking Background The Western Washington Corporation of Seventh Day Adventists has applied for a conditional use permit to allow the construction of a book/health food store at the intersection of32"d St. SE and Auburn Way South, adjacent to the existing church. The site of the store is zoned "1" Institutional. However, the storm pond for the use and a small portion of the parking lot will intrude unto an adjacent parcel currently zoned Rl Single Family Residential. This property was not owned by the Academy at the time the Institutional zone was applied in this area and thus was not included within that zone designation. However, the Academy now owns this parcel and now seeks to use it as part of the book/health food store project. Code Authority Auburn City Code 18.52.070.F grants the Planning Director the authority to authorize parking for a use to be located in a different zone if the following findings can be made: I. Required parking cannot be provided in the same zone as the use; 2. Adequate access between the parking area and the use is provided; 3. The character of adjoining land would not be disrupted by the increased pedestrian and vehicle traffic; 4. The design and configuration of the parking area is compatible with adjacent uses. Findings I. The overall parking for the book/health food store and adjacent church requires a minor intrusion onto the adjacent RI zoned property. If not allowed, it would not be possible to have parking circulate past the store and around the church, resulting in the elimination of approx. 22 parking stalls. 2. The parking area within the RI zone will provide for vehicular circulation along the store and church, providing adequate access to each. 3. The lot in question is surrounded by other properties under the Academy's ownership, which are currently vacant. Vehicular and pedestrian traffic will be minimal. 4. The parking lot will be landscaped in accordance with code and will blend with the existing parking lot serving the church. Conclusions I. The Planning Director has authority to consider approving parking in the R 1 zone. 2. The parking lot intrusion into the RI zone area if very minor. 3. Surrounding properties are under the ownership of the Academy, which is developing the facility in need of the parking. Decision Based upon the findings and conclusions noted above, I hereby authorize parking for the proposed booklheaIth foo store to be allowed in the adjacent RI zone as depicted on the plans subm' v.ith app c tion CUP06-000 1. Paul Krauss, Director Date