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Home My WebLink About5136 Return Address: 7),' Auburn City Clerk Opec~ Ci~ of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Ordinance No. 5136, Providing for a conditional use permit to allow semina~ school to have three evening classes per week. CUP0002-98 Reference Number(s) of DocumenW assigned or released: ~Additional reference ~'s on page of document Grantor(s) (Last name flint, then flint name and initials) 1. Auburn, Ci~ of Grantee: (Last name first) 1. Church of Jesus Christ of Latter Day Saints Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N I¢ Lots 5 and 6 and the east 12.5 feet of Lot 7, Block A, Arthur C. Ballard's Condict Addition to Auburn, according to the plat thereof, recorded in Volume 19 of Plats, page (s) 88, in King County, Washington, except the south 5 feet thereof conveyed to the City of Auburn for street purposes by deeds recorded under recording number 6702925 i and 6702926. 7~ Additional legal is on page ~ of document. · " Assessors Property Tax Parcel/Account Number: t 173580-0025 ~ [] Assessor Tax # not yet assigned ORDINANCE NO. 5 i 3 6 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REQUESTING AN AMENDMENT TO THE CONDITIONAL USE PERMIT AUTHORIZED BY ORDINANCE NO. 459Z4PASSED DECEMBER 7, 1992, TO ALLOW THE SEMINARY SCHOOL TO HAVE CLASSES THREE EVENINGS PER WEEK IN THE EXISTING CHURCH ON PROPERTY ZONED R-4 (MULTIPLE FAMILY RESIDENTIAL) WITHIN THE CITY OF AUBURN WASHINGTON WHEREAS, Application No. CUP0002-98 dated June 16, 1998, together with site plans therefore, has been submitted to the City of Auburn, Washington, by THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, requesting an amendment to the Conditional Use Permit authorized by Ordinance No. 4596, to allow the seminary school to have classes three evenings per week in the existing church on property zoned R-4 (Multiple Family Residential) located at 331 4th Street Northeast, within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and Ordinance No. 5136 August 11, 1998 Page 1 WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on July 21, 1998, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to amend Ordinance No. 459~passed December 7, 1992 to allow the seminary school to have classes three evenings per week in the existing church on property zoned R-4 (Multiple Family Residential) located at 331 4th Street Northeast, within the City of Auburn, Washington; and WHEREAS, the City Council, on August 3, 1998, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to amend Ordinance No. 4596 to allow the seminary school to have classes three evenings per week at the existing church on property zoned R-4 (Multiple Family Residential) located at 331 4th Street Northeast, within the City of Auburn, based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 5136 August 11, 1998 Page 2 FINDINGS OF FACT 1. The Hearing Examiner and City Council in 1992 approved a conditional use permit to allow for the construction of a 3,020 square foot building to be used as a religious education classroom. The building, located at 331-4th Street NE, has since been constructed and occupied. The approval of the 1992 application was based, in part, upon the application stating that the hours and days of operation would not include any evening classes. This is indicated in Ordinance No. 4596, which finding of fact No. 5 states: "The facility ~ will operate during the week day only from 7:00 AM to ~ 4:00 PM. No evening or weekend uses proposed." ~-4 2. The owner of the facility, the Church of Latter Day ~D Saints, has submitted a request to allow them to now ~ conduct classes three evenings per week. While the ~4 above permit did not place a condition on the proposal ~ with regard to days and hours of operation, it was ~ clearly part of the decision making process that evening classes were not anticipated. Because of that, another public hearing has now been required in order for any neighbor to express concerns with the evening hours. 3. The applicant has also indicated college students, as opposed to high school students that attend the day classes, would attend the evening classes. The previous permit was also based in part on the high school students walking from the nearby Auburn High School and not having a need to park at the LDS facility. 4. The applicant has, however, stated that he has received permission from the Auburn High School to use one of the nearby high school parking lots for use by the students going to the evening classes at the LDS facility. Ordinance No. 5136 August 11, 1998 Page 3 5. Since the time the classrooms have been in use, the Planning Department is not aware of any issues that have arisen with the use and know of no reasons why the evening classes should not be allowed. Staff is therefor recommending that Ordinance No. 4596 be amended to allow for the evening use. CONCLUSIONS OF LAW It is determined that the conditional use permit may be approved. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to amend Ordinance No. 459~passed December 7, 1992, to allow the seminary school to have classes three evenings per week in the existing church on property zoned R-4 (Multiple Family Residential) located at 331 4th Street Northeast, within the City of Auburn, Washington, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Ordinance No. 5136 August 11, 1998 Page 4 Section 2. A Conditional Use Permit is hereby approved to amend Ordinance No. 459~& passed December 7, 1992, to allow the seminary school to have classes three evenings per week in the existing church on property zoned R-4 (Multiple Family Residential) located at 331 4th Street Northeast, within the City of Auburn, County of King, State of Washington, legally described as follows: Lots 5 and 6 and the east 12.5 feet of Lot 7, Block A, Arthur C. Ballard's Condict Addition to Auburn, according to the plat thereof, recorded in Volume 19 of Plats, page(s) 88, in King County, Washington, except the south 5 feet thereof conveyed to the City of Auburn for street purposes by deeds recorded under recording number 6702925 and 6702926. Section 3. The facility may be allowed to operate during the week from 6:30 AM to 4 PM and up to three evenings per week from 6:00 PM to 9:00 PM with no weekend use allowed. Section 4. Prior to evening classes starting, the applicant shall provide a parking plan to the Planning Director that provides written proof the applicant has the Auburn High School's permission to use one of their parking Ordinance No. 5136 August 11, 1998 Page 5 lOtS. The parking plan shall also provide some sort of notification process to the students that parking is to be at the high school. The Planning Director, prior to the start of the evening classes, shall approve the plan. Section 5. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: August 17, 1998 PASSED: August 17, 1998 APPROVED: August 17, 1998 MAYOR Ordinance No. 5136 August 11, 1998 Page 6 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 5136 August 11, 1998 Page 7