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
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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 _ .