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HomeMy WebLinkAboutITEM VIII-A-5 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6065 to approve the Seattle Disciple Church Date: Conditional Use Permit (CUP06-0003) November 13, 2006 Department: Planning, Building, I Attachments: Ordinance No. 6065, Budget Impact: N/A and Communitv Please refer to Exhibit List Administrative Recommendation: City Council introduce and adopt Ordinance No. 6065. Background Summary: On October 17, 2006 the Hearing Examiner held a public hearing on the request of the Seattle Disciple Church to establish a religious institution within an existing building in the M1 (Light Industrial) zone at 201 Clay Street NW. The property is currently zoned EP (Environmental Park) District; however, the conditional use permit application was vested prior to the rezone of the property from M1 to EP. On October 27,2006, the Hearing Examiner issued a decision recommending to City Council approval of the conditional use permit request subject to one (1) condition of approval as follows, "The applicant shall correct building code violations and obtain applicable permits through the Auburn Permit Center within 30 days of the effective date of the City Council ordinance approving the Conditional Use Permit." In accordance with ACC 18.66.170, the City Council upon its review of the record, may: 1. Affirm the Hearing Examiner recommendation; 2. Remand the recommendation to the Hearing Examiner; or 3. Schedule a closed record public hearing before the City Council. Staff is recommending the Council affirm the Examiner's recommendation and adopt Ordinance No. 6065. L 1120-2 CUP 03.10.1 CU P06-0003 Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: tEJ Building o M&O o Airport o Finance o Cemetery o Mayor tEJ Hearing Examiner o Municipal Servo o Finance [8J Parks o Human Services [8J Planning & CD [8J Fire tEJ Planning o Park Board OPublic Works o Legal o Police o Planning Comm. o Other tEJ Public Works o Human Resources Action: Committee Approval: DYes ONo Council Approval: OYes ONo Call for Public Hearing _1_1- Referred to Until _1_1- Tabled Until _1_1- Councilmember: Norman I Staff: Davolio Meetina Date: November 20, 2006 lItem Number: VIIIA5 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6065 Date: November 20, 2006 List of Exhibits Exhibit 1 Exhibit 2 Exhibit 2(a) Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Staff Report to the Hearing Examiner, dated 10-12-06 Conditional Use Permit Application, received 6-20-06 Site plan, received 6-20-06 Notice of Public Hearing and Vicinity Map** Affidavit of posting** Affidavit of Mailing** Confirmation of Publication of Legal Notice** Aerial Photograph Letter from Christopher Ma, to Stacey Borland, regarding Conditional Use Permit, dated 7-31-06. ** ** = Exhibit is not included in the packet but is available for review upon request. Page 2 of 2 ORDINANCE NO.6 0 6 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITONAL USE PERMIT TO ALLOW A RELIGIOUS INSTITUTION WITHIN AN M1 LIGHT INDUSTRIAL ZONE AT 201 CLAY STREET NW, AUBURN WASHINGTON WHEREAS, Application No. CUP06-0003, dated June 20, 2006, was submitted to the City of Auburn, Washington by the Seattle Disciple Church for approval of a Conditional Use Permit to allow a religious institution within an M1 Light Industrial Zone at 201 Clay Street NW in Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing theron, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on October 17, 2006, and the Hearing Examiner recommended approval of the application on October 27, 2006, subject to a certain condition; and WHEREAS, on November 20, 2006, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed condition for the issuance of a Conditional Use Permit (CUP) to allow a religious institution within an M1 Light Industrial Zone at 201 Clay Street NW in Auburn, Washington; and Ordinance No. 6065 November 14, 2006 Page 1 WHEREAS, based upon the review given this Conditional Use Permit application by the Hearing Examiner, the City Council hereby makes and enters the following: Hearing Examiner's recommendation for Conditional Use Permit based upon the Findings of Fact, Conclusions and Recommendation which are attached hereto as Exhibit "A". NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Approval. A Conditional Use Permit is hereby APPROVED to allow for a religious institution within an M1 Light Industrial Zone at 201 Clay Street NW (King County Parcel 446340-0290) identified on Exhibit "B" attached hereto and incorporated in this Ordinance by reference in the City of Auburn, State of Washington. 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. 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. Ordinance No. 6065 November 14, 2006 Page 2 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. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk A~ Daniel B. Heid City Attorney - PUBLISHED: Ordio9nce No. 6065 November 14, 2006 Page 3 EXHIBIT A - BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) ) SEAITLE DISCIPLE CHURCH ) ) ) For a Conditional Use Permit ) No. CUP06-0003 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 to establish a religious institution in the M-I Light Industrial Zone district be APPROVED, subject to a condition. SUMMARY OF RECORD Request: The Seattle Disciple Church requests a Conditional Use Permit to establish a religious institution in the M-l Light Industrial Zone district. . Hearing Date: The Hearing Examiner for the City of Auburn held an open record public hearing on October 17, 2006. Testimonv: The following individuals presented testimony under oath at the open record public hearing: Stacy Borland, Planner, City of Auburn Joe Tenor, Building Code Officer, City of Auburn Christopher Ma, for the Applicant Exhibits: The following exhibits were admitted into the record: ExhibiU Exhibit 2 Exhibit 2( a) Exhibit 3 Exhibit 4 Staff Report Conditional Use Permit Application, received June 20, 2006 Site plan, received June 20, 2006. Notice of Public Hearing and Vicinity Map Affidavit of Posting Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page I of7 .,. Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Affidavit of Mailing Confirmation of Publication of Legal Notice Aerial Photograph Letter from Christopher Ma, to Stacey Borland, regarding Conditional Use Permit, dated July 31, 2006. The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Seattle Disciple Church (Applicant) applied for a Conditional Use Permit (CUP) to legalize an existing non-conforming church at 201 Clay Street NW, Suite A-5, on June 20, 2006. The City determined that the application was complete on July 18, 2006. Exhibit 1, page 2; Exhibit 2. 2. The site is located within the Clay Street Industrial Park. I Other tenants include Syntrix Biosystems (research and development biotechnology company), Taylor-Made Printing Inc. (commercial printing services), and Auburn Dry Cleaning Center. The site has existing paved parking with landscaping along Clay Street. The church occupies approximately 2,968 square feet of an Lshaped 18,349 square feet building to the south with a similar sized mirror image building across the industrial park street to the north. Exhibit 1, page 3; Exhibit 2a. 3. Under the Auburn Comprehensive Plan (ACP), the site and surrounding properties are all currently designated light industrial. The purpose of the light industrial designation is to "reserve quality industrial land for activities that implement the City's economic development policy" and all significant activities shall take place inside buildings. 1995 Auburn Comprehensive Plan (with revisions through December 2005), page 14-14. Policy LU-l 08 states "intrusions of residential uses into industrial areas shall not be allowed, and intrusions by commercial uses should be controlled." ACP, page 3-38. Policy LU-109.b states: "Planned developments (such as "office parks") which provide a mixture of light industrial with supporting commercial uses are encouraged." A CP, page 3-39. 4. The site is part of an area recently rezoned from R-2 Single Family Residential andM-l to EP Environmental Park District (EP). The site and surrounding properties are all currently zoned EP. Uses to the east are single family residential, while uses to the north, south and west are a mixture of commercial and industrial. Ordinances approved by the ) The Clay Street Development includes Parcel Numbers 446340-0280, -0290, and -0291. A legal description of the Clay Street Development may be found in Exhibit 2a. Exhibit 20. Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page2of7 Auburn City Council changing the site zoning became effective on July 26,2006.2 Although the subject property is now zoned EP, the CUP application is vested under the M-l zoning regulations that were in effect on July 18,2006; therefore Ordinance Nos. 6033,6036, and 6037 do not apply. Exhibit 1, pages 2 and 3. Testimony of Ms. Borland 5. The Ml (Light Industrial) zone district allows industrial uses (see ACC 18.32.020, 18.32.030, and 18.32.040). The intent of the Ml zone is: . . . to accommodate a variety of industrial uses in an industrial park environment, to preserve land for light industrial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are nonnuisance (sic) in terms of air and water pollution, noise, vibration, glare or odor. ACC 18.32.010. 6. Religious institutions in the M-l zone must be located in existing facilities and require a conditionallise permit pursuant to Chapter 18.64 ACC.3 ACC 18.32.040.L. 7. Christopher Ma, a inember of an LLC who owns the building, testified as a representative agent of the applicant. According to the CUP application and information provided by Mr. Ma, the church has 50-60 attendees for Sunday service. Weekday meetings consist of 10-20 attendees and are held on Wednesday and Friday evenings between 6:30- 7:00pm. The church space has 50 seats(foldable chairs) with additional chairs available as needed. Under the terms of their lease, there is no specific number of parking spaces allotted for use by the church. However, as the church usually meets outside of normal business hours, it is allowed to use all parking spaces available on the property. Exhibit 1, page 3; Exhibit 2; Exhibit 8. Testimony of Mr. Ma. 8. Pursuant to the City code, off-street church parking requires a ratio of 1 space per 5 seats. Therefore, at least 10 parking spaces would be required. The site plan shows 21 parking stalls on the southern half of the site with 22 stalls on the northern half. Exhibit 1, page 3; Exhibit 2(a). ACC 18. 52. 020.E.3. 2 Ordinance No. 6033 (amending uses and development standards in the M-l (Light Industrial) and M-2 (Heavy Industrial) zones) became effective on July 26, 2006. Ordinance Nos. 6036 (a code amendment establishing the Environmental Park District (EP)) and 6037 (rezoning the subject property and surrounding properties from M-l to EP) became effective on August 16,2006. Exhibit 1, page 2. . 3 The proposed use could also be allowed with a Conditional Use Pennit in the current Environmental Park District. ACC 18.33.030 (B). Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 3 of7 i- 9. Pursuant to the City code, new landscaping is not required because no additions, alteration, or repairs in excess of 50 percent of the value of the building are proposed. ACC 18.50.020.B. 10. The proposed development falls below the State Environmental Policy Act (SEP A) categorical exemption thresholds and no SEP A environmental checklist or threshold determination is required. Exhibit 1, page 3. WAC 197-11-800. ACC 16.06.055. 11. Notice of the open record hearing was posted on site on October 6,2006, mailed to all property owners located within 300 feet of the affected site on October 6, 2006, and transmitted to the local newspaper for publication (which was published in the King . County Journal on.October 6, 2006) in accordance with City ordinances. Exhibit 3. 12. The city currently has an open code enforcement violation for the property related to the church, which ~as been occupying a tenant space without obtaining the required Conditional Use Permit. The City Building Code Official testified that there is a safety concern due to the lack of sprinklers and inadequate exit signs, but no immiilent risk of harm. The City Planner testified in support of the application. Exhibit 1, page 3. Testimony of Mr. Tenor. Testimony of Ms. Borland 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 The Auburn City Code provides criteria for review for CUP applications. A CUP application shall only be approved if findings of fact support the following: A. 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. . . Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bul~ and location of structures, location of proposed open space uses, Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 4 of7 hours and manner of operation, and noise, lights, dust, odor, fumes and vibration; B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan; c. The proposal complies with all requirements of this title; D. 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; E. The proposal will not adversely affect the public infrastructure; F. The proposal will not cause or create a public nuisance. ACC 18.64.040. Conclusions Based on Findings 1. With conditions, the use wiD 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. Most industrial uses are permitted outright in the MI zone. A religious institution requires review and approval . ofa conditional use permit. The church is currently located in an existing industrial park. No traffic study or landscaping is required and the necessary number of parking stalls would be provided. A church would have less impact from noise, lights, dust, odor, fumes and/or vibration during the daytime than traditional light industrial use. Impacts from church activities in the evening and on the weekend would be at acceptable levels. No adverse impacts were identified. However, a condition of approval is necessary to ensure that the church obtains a building permit and submits plans to the Auburn Permit Center to correct outstanding code violations. including but not limited to fire sprinkIers, exit signs, and panic hardware. Findings 1-10. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The site and surrounding properties are all currently designated light industrial under the comprehensive plan. The light industrial designation is intended to "reserve quality industrial land for activities that implement the City's economic development policy." Under the comprehensive land use policies, commercial uses are allowed and planned developments such as "office parks" are encouraged. All significant church activities would take place inside the building as required for light Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 5 of7 )- industrial uses. Because mixed commercial use is encouraged by the comprehensive plan it is appropriate to allow church activities as a conditional use. Findings 1, 2, 3, and 7. 3. The proposal complies with aU requirements of the Zoning Code. The proposal is vested to the previous Ml District. Pursuant to Auburn City Code (ACC) 1832.040.L, religious institutions located only in existing facilities may be permitted in the Ml District when a Conditional Use Permit (CUP) has been issued pursuant to ACC 18.64. The use is located within an existing facility, adequate off-street parking is available, and no new landscaping is required. A conditional use permit would be consistent with the zoning code. Findings 1-12. 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 proposal would make use of an existing building, with adequate off-street parking. No new landscaping or design work is required. The general vicinity consists of industrial. business park and single family residential uses. All activity would take place inside and would not appear out of character to the surrounding community. Findings 1,2,4, 5, 6, 7,8, and 9. 5. The proposal will not adversely affect the public infrastructure. The proposal would not involve any new construction. A traffic study is not required and adequate parking would be provided. Findings 1, 2, 7, 8, 9, and 10. 6. The proposal will not cause or create a public nuisance. Public nuisances are addressed generally throughout the ACC and are addressed directly in Chapter 8.12 ACC. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or pests, or creating unsafe pedestrian and traffic situations. There is no record of the church having caused any public nuisances. Findings 1,2, 7, 8, 9, and 10. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for approval of a conditional use permit to establish a religious institution in the M-I Light Industrial zone district be APPROVED, subject to the following condition: The applicant shall correct building code violations and obtain applicable permits through the AuburnPermit Center within 30 days of the effective date of the City Council Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 60f7 ordinance approving the Conditional Use Permit. . 1- Decided this 217 day of October 2006. <\~Q,~ llIEODORE PAUL HUNTER :{fearing Examiner Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 70f7 I ' 6 EXHIBIT & LEGAL DESCRIPTION OF PROPERTY 5 D LUNNS GARDEN TRS TO AUBURN PCL B OF AUBURN LLA #LLA-OI-0008 REC #20010402001404 SD LLA BEING LOCATED IN LOT 4 & 5 BLK D OF LUNNS GARDEN TRS TO AUBURN ~'U).oo ~,,()1OCO ~.,so.oo. FEE PAYMENT: '77~.OO for residential; $1 ,688.00' for commercial; plus t127.00 for Environmental Checklist T.R. # Cashier's Initials Date Received Conditional Use Permit ~"",oed 1213012004 Page 7 of 7 AGENDA BILL APPROVAL FORM /' AQenda Subiect: Public Hearing Application No. CUP06-0003 Date: 10/12/2006 Department: Planning Attachments: Please refer to Exhibit Budget Impact: NA Building and Community List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the requested Conditional Use Permit based upon the Findings of Fact, Conclusions and Conditions as outlined below. Backoround Summary: OWNER: Clay Street Properties, LLC APPLICANT: Seattle Disciple Church REQUEST: Establish a religious institution in the M-1 Light Industrial Zone, which requires a Conditional Use Permit. LOCATION: The property is located at 201 Clay Street NW, Suite A-5. EXISTING ZONING: Environmental Park District (EP) (Application is vested under the prior M-1 Light Industrial Zone.) EXISTING LAND USE: Industrial park COMPREHENSIVE PLAN DESIGNATION: Light Industrial SEPA STATUS: Exempt Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: tEJ Building o M&O o Airport o Finance o Cemetery o Mayor o Hearing Examiner o Municipal Servo o Finance o Parks o Human Services o Planning & CD [81 Fire tEJ Planning o Park Board OPublic Works o Legal o Police o Planning Comm. D Other tEJ Public Works o Human Resources Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing _1-.1- Referred to Until _1_1- Tabled Until _1-.1- Councilmember: Norman I Staff: Borland Meeting Date: October 17, 2006 , . I Item Number: \"'''-. EXHIBIT I - AUBURN * MORE THAN YOU IMAGINED Aqenda Subiect Application No. CUP06-0003 Date: 10/12/2006 The Comprehensive Plan designation, current zoning designation and land use of the surrounding properties are: North South Light Industrial EP, Environmental Park District Clay Street Industrial Park (Syntrix Biosystems, Taylor- Made Printing, Auburn Dry Cleanin Center The Bryer Company Inc. (distributor of roofing/ buildin roducts Single family re&idential East Light Industrial Light Industrial EP, Environmental Park District EP, Environmental Park District Ground Effects Landscaping Inc. West EXHIBIT LIST Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Staff Report Application and site plan, received June 20, 2006 Notice of Public Hearing and Vicinity Map Affidavit of Posting Affidavit of Mailing Confirmation of Publication of Legal Notice Aerial Photograph Letter from Christopher Ma, to Stacey Borland, regarding Conditional Use Permit, dated 7-31-06. FINDINGS OF FACT: 1. Seattle Disciple Church (tenant) has applied for a Conditional Use Permit to legalize an existing non-conforming church at a location within the Clay Street Industrial Park in the M-1 (Light Industrial) zone. Pursuant to Auburn City Code (ACC) 18.32.040.L, religious institutions (to be located in existing facilities only) may be permitted when a Conditional Use Permit (CUP) has been issued pursuant to ACC 18.64. 2. The application was submitted on June 20,2006, and determined to be complete for processing on July 18, 2006. Subsequent ordinances approved by the Auburn City Council have changed the zoning on the property. Ordinance No. 6033 (amending uses and development standards in the M-1 (Light Industrial) and M-2 (Heavy Industrial) zones) became effective on July 26,2006. Ordinance Nos. 6036 (a code amendment establishing the Environmental Park District (EP)) and 6037 (rezoning the subject property and surrounding properties from M-1 to EP) became effective on August 16, 2006. Although the subject property is now zoned EP, the CUP application is vested under the zoning regulations that were in effect on July 18, 2006; therefore Ordinance Nos. 6033, 6036, and 6037 do not apply. 3. Per ACC 18.33.030.B, under the new EP zone, religious institutions (to be located in existing facilities only) are permitted when a CUP has been issued pursuant to ACe Ch. 18.64. Therefore if this CUP is approved, the use will remain a conforming use under the current (new) zoning designation. Page 2 of 5 Aqenda Subiect Application No. CUP06-0003 Date: 10/12/2006 4. The site contains an existing industrial park whose tenants include Syntrix Biosystems (research and development biotechnology company), Taylor-Made Printing Inc. (commercial printing services), and Auburn Dry Cleaning Center. The site has existing paved parking and landscaping exists along Clay Street. The church occupies approximately 2,968 sq. ft. of the 18,349 sq. ft. building. The property directly north of the site contains the other half of the Clay Street Industrial Park with a building of similar size. 5. The site is part of an area recently rezoned from R-2 (Single Family Residential) and M-1 to EP. Surrounding development includes industrial/business park uses on the west side of Clay Street and a mix of single family residential on the east side. 6. According to the property owner, the church has 50-60 attendees for Sunday service. Weekday meetings consist of 10-20 attendees and are held on Wednesday and Friday evenings between 6:30.7:00pm. The church space has 50 seats (foldable chairs) with additional chairs available as needed. Under the terms of their lease, there is no specific number of parking spaces allotted for use by the church. However, as the church usually meets outside of normal business hours, it is allowed to use all parking spaces available on the property. 7. Per ACC 18.52.020.E.3, off-street parking for a church is required at a ratio of 1 space per 5 seats. According to this provision, the site is required to have at least 10 spaces. The site plan shows that 21 paved parking stalls exist on site. The other half of the Clay Street Industrial Park contains 21 paved parking stalls. 8. New landscaping is not required because no additions, alteration, or repairs in excess of 50 percent of the value of the building are proposed, in accordance with ACC 18.50.020.B, "B. When additions, alterations, or repairs of any existing building or structure exceed 50 percent of the value of the building or structure, or a residential use is converted to a nonresidential use, then such building or structure shall be considered to be a new use and landscaping provided accordingly; provided, that if any existing foundation or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the planning director. (Ord. 4914 S 1, 1996; Ord. 4304 S 1(33), 1988; Ord. 4229 S 2, 1987.)". 9. The M1 (Light Industrial) zone district allows industrial uses (see ACC 18.32.020, 18.32.030, and 18.32.040). The intent of the M1 zone is: "... to accommodate a variety of industrial uses in an industrial park environment, to preserve land for light industrial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are nonnuisance in terms of air and water pollution, noise, vibration, glare or odor." 10. The Light Industrial Comprehensive Plan designation is intended to "reserve quality industrial land for activities that implement the City's economic development policy." 11. The proposed development falls below the SEPA categorical exemption thresholds; therefore, a . SEPA checklist and determination are not required for the church. 12. The city currently has an open code enforcement violation for the property related to the church, which has been occupying a tenant space without obtaining the required Conditional Use Permit. Page 3 of 5 Agenda Subiect Application No. CUP06-0003 Date: 10/12/2006 13. Staff conducted a site visit on September 11, 2006, to verify the site plan and surrounding conditions. 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 M1 zone allows most industrial uses permitted outright while a religious institution requires review and approval of a conditional use permit. The project site contains an established industrial park within which the church is located. A traffic study is not required for the new use and the required number of parking stalls is provided. A building permit must be obtained and plans submitted to the Auburn Permit Center to correct outstanding code violations (because the church is occupying the space) including but not limited to fire sprinklers, exit signs, and panic hardware. A church is likely to have less daytime impact than a traditional light industrial use, but will have evening and weekend activity. However, a church might be incompatible with adjacent industrial uses if they conduct any outdoor activities, or have daycare and other activities involving children/youth. Staff recommends the project be conditioned to require the applicant to correct outstanding building code violations. . 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Light Commercial Comprehensive Plan designation contains the following description: "All significant activities shall take place inside buildings, and the processing or storage of hazardous materials shall be strictly controlled and permitted only as an incidental part of another use. The siting and design of industrial buildings shall be of an "industrial or business park" character." (page 14-14, Auburn Comprehensive Plan (ACP)). Policy LU-109.b states, "Planned developments (such as "office parks") which provide a mixture of light industrial with supporting commercial uses are encouraged." (page 3-38, ACP) A church is consistent because its activities are similar to that of a commercial use. For example, there are typically more vehicle trips rather than truck trips associated with an industrial use. Staff finds the proposal to be consistent with this criteria. 3. The proposal complies with all requirements of this title (i.e., Zoning Code). Seattle Disciple Church has applied for a Conditional Use Permit to allow establishment of a location at the Clay Street industrial park in the M-1 (Light Industrial) zone. Pursuant to Auburn City Code (ACC) 18.32.040.L, religious institutions (to be located in existing facilities only) may be permitted when a Conditional Use Permit (CUP) has been issued pursuant to ACC 18.64. The use is located within an existing facility, adequate off-street parking is available, and no new landscaping is required. Page 4 of 5 AQenda Subiect Application No. CUP06-0003 Date: 10/12/2006 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. The proposal does not involve construction of a new building. The use is located within an existing facility, adequate off-street parking is available, and no new landscaping is required. The neighborhood already consists of a mix of residential and business uses. A church is likely to have less daytime impact than a traditional light industrial use, but will have evening and weekend activity. However, given the small size of the membership, the proposal should satisfy this requirement. Staff finds the proposal to be consistent with this criteria. 5. The proposal will not adversely affect the public infrastructure. The proposal has been reviewed by other city departments. Based on comments received during the review process, there is no evidence that the public infrastructure will be affected by the proposal. The proposal does not involve new construction. A traffic study is not required and adequate parking will be provided. Staff finds the proposal to be consistent with this criteria. 6. The proposal will not cause or create a public nuisance. The proposal involves a church in an existing industrial park. Nearby and adjacent uses include a mix of other businesses and residential housing across the street. There is no record of the church having caused any public nuisances. 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 condition of approval: 1. The applicant shall correct building code violations and obtain applicable permits through the Auburn Permit Center within 30 days of the effective date of the City Council ordinance approving the Conditional Use Permit. 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 Rf.Ct:\\!\:O '/. 0 l\\\)t> jD~ ;J ~'C.~, O'C.~~'\ CONDITION~~MIT APPLlC~OON CLAY STREET PROPERTIES, LLC PROPERTY OWNER'S NAME See T R 13-21-04 . wp. ng.: CUIOb -ocJtJ5 APPLICATION NUMBER Zone Existing: M-l LIGHT INDUSTRIAL Area Code: Request: Scheduled Public Hearing: Staff Project Coordinator: Date Received: ..........*******,.&&&.,..&.......,.....,.&..........1,....................... Do Not Write Pbove 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 ADDmONAL 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: Please See Attached (Please attach a 1/2 (typed) page expfaining your proposed use.) A. How is the property involved in this application more suitable for the Conditional Use Permit than those uses ttl'ermitted outright in the present zoning classification? While the property involved in this application is not any more suitable for the Conditional Use Permit than those uses permitted outright in the present zoning classification, we believe that the use will be consistent with the intent of the Zone M-I Light Industrial District. While not an industrial use, the Zoning, under 18.32.010 aims to "provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor." 18.32.010 further states that some commercial uses are permitted if "the use enhances the quality of the area and does not disrupt the continuity of the industrial uses." Seattle Disciple Church has shared this industrial park without incident with a number of industrial tenants, including a dry cleaner; biotechnology research center; and a printing center to name a few. Conditional Use Permit R8\lised 12J30r.2004 EXHIBIT .2-- #,t'c' 5(tL/ff5 Jlc.ge 4 of L Seattle Disciple Church is a Korean Presbyterian Church founded in Federal Way Washington in the year 2000. Prior to moving to Auburn in April of2003 the Church operated out of the Federal Way, W A community center. The Seattle Disciple Church relocated to Auburn, Washington because it was a more central location to where its members live and work. Seattle Disciple Church will use the premises located at 201 Clay Street NW, Suite A-5 for weekend worship and fellowship services. B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? The Conditional Use Permit would be compatible with the other existing uses in the neighborhood because it has little to no impact on the neighboring businesses. The Seattle Disciple Church operates on weekends and occasionally holds weekday meetings outside of the traditional business hours of 8:00am-6:00pm. Due to their absence during these business hours the applicant does not impact parking or add to traffic congestion in the area. C. Why is this Conditional Use Permit compatible with the existing zoning in the area? The Conditional Use Permit is consistent with the existing zoning in the area because the applicant (Seattle Disciple Church) is a non-nuisance business with little to no impact to the environment with respect to water pollution, noise, vibration glare or odor. The use is not listed under the current zoning as a Permitted use under 18.32.020, however the proposed use is listed under 18.32.040 line L. - "Religious institutions, to be located in existing facilities, only." In addition, the use is allowed with Conditional Use Permit under 18.33.030 line B "Religious institutions, to be located in existing facilities, only." in Chapter 18.33 Environmental Park District. D. W~y os this Conditional Use Permit consistent with the Comprehensive Plan for the area? Although Church's are usually found in residential or light commercial areas, a review of the City of Auburn Comprehensive Plan (version adopted in 1986, as well as the amendments/revisions through December 2004), does not specifically list an area or zone in which the city's Comprehensive Plan would like Church's to locate. With this in mind, we believe that the Conditional Use Permit is consistent with the Comprehensive Plan for the area because while it is not specifically allowed in this area, the exception is noted in 18.32.040-L to allow Religious institutions in previously existing facilities. This exception via the Conditional Use Permit process is also consistent with 18.33.030 - B of the Auburn Environmental Park District. Conditional Use Permit Revised 1213012OO4 Page 5 of 7 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE lISr-d> 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 NUMBER 4463400290 NAME, ADDRESS AND PHONE NUMBER (Please Print) CtA Y STREET PROPERTIES, LLC 215 CLAY STREET NW, SUITE B-5 AUBURNt WASHINGTON 98001 SIGNATURE ~~~ 206-465-8752 (TEL) Fax number 253-833-8127 E-mail addressCHRlS.MA@COMCAST.NET Fax number E-mail address DESIGNATED CONTACT PERSON: MYONG-SOO KIM Address: 4806 POINT FOSDICK DRIVE ~~~- Name: City/Phone: GIG HARBORt W A 98335 253-677-5791 (TEL) Fax number E-mail address Indicate Method for Future Notifications Fax Mail Telephone x E-mail PLEASE NOTE THAT THE SITE PlAN MUST ACCOMPANY THIS APPlICAOON. Conditional Use Permit R8Yised '213012OO4 Page 6 017 /I lEGAL DESCRIPTION OF PROPERTY 5DLUNNSGARDENTRSTOAUBURNPCLBOFAUBURN LLA #LLA-Ol-0008 REC #20010402001404 SD LLA BEING LOCATED IN LOT 4 & 5 BLK D OF LUNNS GARDEN TRS TO AUBURN ~~ 'd.,,c"'D(X) ~'15O.00. FEE PAYMENT: -V1i..OO for residential;'1 ,638.CO for commercial; plus $127.9& for Environmental Checklist T.R. # Cashier's Initials Date Received Conditional Use Permit R~ 121300'2004 Page70f7 _ .