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HomeMy WebLinkAbout5860 .=-, - j Return Address: Auburn City Clerk City of Auburn 25 West Main 8t. Auburn, WA 98001 111I 1111111 I111111 20040729002399 PACIFIC NY TIT ORD 29.66 PAGlee1 OF 611 67/29/2ee4 14:36 KING COUNTY, YA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document \\1:2-1 ~f'J\.JJT v) B?:,YS---)t Conditional Use Permit #CUP04-0001 (Ordinance 5860) Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Titus, John ".".. " 2. Krachunis, Matt "".", ' t" Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 5 & 10, Auburn Park of Industry, Division 2 o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 030351-0100 o Assessor Tax # not yet assigned ORDINANCE NO.5 8 6 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW THE USE OF SPACE WITHIN AN EXISTING STRUCTURE FOR THE ASSEMBLAGE OF WORSHIP SERVICES (RELIGIOUS INSTITUTION) WHEREAS, Application No. CUP04-0001 was submitted to the City of Auburn, Washington, by John Titus and Matt Krachunis representing the Faith and Victory Church, for a Conditional Use Permit to allow the use of space within an existing structure for the assemblage of worship services (religious institution), at property located at 1602 Pike Street NW, Auburn, Washington (Lots 5 & 10, Auburn Park of Industry, Division 2, according to the plat thereof recorded in volume 114 of plats, pages 5 and 6, in Auburn, King County, Washington); and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon, 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 June 22, 2004, after which the Hearing Examiner recommended approval of the application in accordance with the Hearing Examiner's Findings of Fact, Conclusions of Law and Decision issued on June 29, 2004; and Ordinance 5860 July 6, 2004 Page 1 WHEREAS, on July 19, 2004, the City Council considered said application and Hearing Examiner's recommendation, and considered accompanying information relative to the proposed Conditional Use Permit, including the following Findings of Fact and Conclusions of Law and Decision of the Hearing Examiner, to-wit: BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) For Approval of a Conditional Use Permit. ) ) NO. CUP04-0001 John Titus/Matt Krachunis, Faith and Victory Church FINDINGS, CONCLUSIONS AND DECISION SUMMARY OF DECISION The request for a Conditional Use Permit to allow a religious institution to locate in a portion of an existing building in the Light Industrial (M 1) zone is GRANTED, with conditions. SUMMARY OF RECORD Reauest John Titus and Matt Krachunis (Applicants) seek approval of a Conditional Use Permit (CUP) to allow a religious institution to locate in a portion of an exiting building in the Light Industrial (M1) zone. Pursuant to ACC 18.32.040(M), religious institutions are permitted in the M1 zone within existing facilities only, subject to approval of a CUP. The Applicants propose to lease approximately 2,500 square feet of an existing 23,644 square foot structure in order to hold worship services on Sunday mornings and Wednesday evenings for approximately 30-40 people. Ordinance 5860 July 6, 2004 Page 2 HearinQ Date The Hearing Examiner for the City of Auburn held an open record public hearing on June 22, 2004. Testimonv At the open record public hearing, the following individuals entered testimony under oath: 1. Sean Martin, City of Auburn Planner 2. Matt Krachunis, Applicant Exhibits The following hearing: exhibits were admitted to the record at the open record public 1. Exhibit 1 : 2. Exhibit 2: 3. Exhibit 3: 4. Exhibit 4: 5. Exhibit 5: 6. Exhibit 6: Staff Report Vicinity Map Application Site Plan Notice of Application Notice of Public Hearing Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicants request approval of a Conditional Use Permit to lease a portion of an existing building in the Light Industrial (M1) zone in order to hold religious services on Sunday mornings and Wednesday evenings for approximately 30- 40 people. Of the existing 23,644 square foot structure, the Applicants propose to lease approximately 2,500 square feet at the east end. The existing building is located at 1602 Pike Street NW and currently serves as manufacturing, warehousing and vacant office space.1 Exhibit 1, Staff Report, pages 1-2; Exhibit 3, Application. 1 The building is situated on King County parcel number 030351-0100. Exhibit 1, Staff Report, page 1, Ordinance 5860 July 6, 2004 Page 3 2. The proposed lease space formerly served as administrative offices for Aero Controls, a manufacturer of airplane parts, which has moved its office space to another building. The remainder of the existing facility will continue to be used by Aero Controls for its manufacturing and warehousing operations. There are no loud noises or hazardous fumes on site, as Aero Controls uses the subject property as a distribution center. Exhibit 1, Staff Report, page 2; Testimony of Mr. Martin. 3. The Faith and Victory Church is a non-denominational, Christian organization that was incorporated in January, 2003. It currently holds worship services in an elementary school. Testimony of Mr. Krachunis. 4. The Applicants have not yet signed a lease, but they intend to lease the space for a period of 18-24 months. The space could accommodate up to 100 people in chairs. However, should the congregation grow to more than 100 people, the lease would end prior to its termination date as the exit doors of the existing facility would fail to accommodate such a large group. Should the occupancy for the subject portion of the building exceed one hundred (100) persons, the City of Auburn Fire Marshall would require additional improvements. Exhibit 1, Staff Report, page 3; Testimony of Mr. Krachunis. 5. The "day-to-day" administrative functions associated with the religious institution are not proposed at the subject facility. Exhibit 1, Staff Report, page 2. 6. Surrounding properties are zoned M1. To the north and south, light industrial uses operate. To the east, the subject property is bordered by the West Valley Highway right-of-way, beyond which light industrial uses are found. To the west, the subject property is bordered by the Pike Street NW right-of-way, beyond which light industrial uses are found. The subject property has access to both the West Valley Highway and Pike Street NW; no additional access is required. Exhibit 1, Staff Report, page 2-3. 7. Auburn City Code (ACC) 18.32.040(M) permits religious institutions in the M1 zone within existing facilities only, subject to approval of a CUP. The Applicants' submit that their proposal is consistent with the requirements for approval of a CUP. Exhibit 1, Staff Report, page 2; ACC 18. 32. 040(M); Testimony of Mr. Krachunis. Ordinance 5860 July 6, 2004 Page 4 8. Pursuant to ACC 18.52.020(E)(3), one parking space per five seats is required for churches. One seat is equal to seven square feet of the floor area to be used by movable chairs. The usable space for chairs in the leased area is approximately 1,200 square feet. The 1,200 square feet of usable floor area to be occupied by movable chairs is equal to 171.429 chairs. One parking space is needed for every five seats. Therefore, 35 parking spaces will be required. The existing building has between 50 and 60 parking spaces, therefore adequate parking is provided. Exhibit 1, Staff Report, page 2; ACC 18.25.020(E)(1) and (E)(3); Testimony of Mr. Martin. 9. The Applicants propose to erect a sign to designate their institution and location. No other alterations or improvements to the structure are proposed. Exhibit 1, Staff Report, page 3; Testimony of Mr. Krachunis. 10.An inspection by Jan Weaver of the City of Auburn's Building Division on May 5, 2004, affirmed that the structure complies with all applicable building codes. Exhibit 1, Staff Report, page 3. 11. The request is exempt from environmental review under the State Environmental Policy Act. Exhibit 1, Staff Report, page 1. 12. Notice of the application was given on May 21, 2004, and notice of the public hearing was given by posting, mailing and publication as required by City of Auburn code. Exhibit 5, Notice of Application; Exhibit 6, Notice of Public Hearing. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to hear and decide applications for a conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. Criteria for Review Pursuant to ACC 18.64.040, to approve a conditional use permit, the Hearing Examiner must find that the proposed use is permitted within the zone, and that: Ordinance 5860 July 6, 2004 Page 5 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. 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, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration; 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan; 3. The proposal complies with all requirements of this title; 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 Findings 1. The proposed use is permitted within the zone. The property is located in the M1 zone, which permits religious institutions within existing facilities only, subject to approval of a CUP. The Applicants propose to lease a portion of an existing building to hold worship services. Therefore, the Applicants' request is consistent with the zoning ordinance. Findings of Fact No.1, 7. 2. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. 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, bulk, and location of structures, location of proposed open space uses, hours and Ordinance 5860 July 6, 2004 Page 6 manner of operation, and noise, lights, dust, odor, fumes and vibration. The portion of the building to be leased is a vacant and unused office. The area will only be used for worship services on Sunday mornings and Wednesday evenings, for approximately 30-40 people. The area will not be used for administrative functions associated with the religious institution. Two thoroughfares (Pike Street NW and the West Valley Highway North) are accessible from the subject property. Findings of Fact Nos. 1, 2, 5, 6. 3. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan designation of "Light Industrial" is intended to accommodate a wide range of industrial or commercial uses, as well as uses that support the industrial character. The religious institution use is supported by the Zoning Code in that it permits religious institutions to function in the Light Industrial (M1) zone in existing buildings, with the approval of a CUP. In conjunction with the Zoning Code, the proposal is consistent with the goals, policies and objectives of the Comprehensive Plan. Findings of Fact NO.7. 4. The proposal complies with all requirements of this title. The Zoning Code allows religious institutions when a Conditional Use Permit is issued and requires the reliance on exiting buildings as a pre-requisite to consideration. The Applicants propose to use an existing building and the site is in compliance with the applicable provisions of the Zoning Ordinance, including the provisions related to on-site parking. Findings of Fact No.7, 8, 10. 5. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. Since the Applicants will rely on an existing structure, only slight alterations will be made to the appearance of the building. The Applicants plan to erect a sign, in order to designate their institution and location. A sign permit will be required. Findings of Fact NO.9. 6. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure would be adversely affected by the proposal. Situated in the Light Industrial zone, those attending religious services would have access to both Pike Street NW and the West Valley Highway North. The proposal would not have a significant traffic impact. Findings of Fact No.1, 6. Ordinance 5860 July 6, 2004 Page 7 7. The proposal will not cause or create a public nuisance. The building would only be used during limited hours, for a small group of individuals. This proposal will not create a public nuisance but will accommodate a religious organization for a limited time in a suitable location. Findings of Fact NO.1. DECISION Based upon the preceding Findings and Conclusions, the request for a Conditional Use Permit to lease a portion of an existing building in the M1 zone in order to hold religious services for approximately 30-40 people is GRANTED, with the following conditions: 1. Occupancy associated with the request is limited to not more than one hundred (100) persons at anyone time. In the event that occupancy beyond this level is required, the Applicants shall coordinate with the Building Official and Fire Marshal to ensure that all applicable Codes are implemented. 2. Use of the leased space in the existing structure shall be limited to the following times: from 8:00 a.m. to 2:00 p.m. on Sunday, from 7:00 p.m. to 11 :00 p.m. on Wednesdays, and times necessary for incidental uses of the space. 3. A sign permit will be obtained prior to placement of a sign on the subject property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. Conditional Use Permit. A Conditional Use Permit is hereby approved to allow the lease of a portion of an existing building in the M1 zone, located at 1602 Pike Street NW, Auburn, Washington, (Lots 5 & 10, Auburn Park of Industry, Division 2, according to the plat thereof recorded in volume 114 of plats, pages 5 and 6, in Auburn, King County, Washington) in order to hold Ordinance 5860 July 6, 2004 Page 8 religious services for approximately 30-40 people, subject to the following conditions: 1. Occupancy associated with the request is limited to not more than one hundred (100) persons at anyone time. In the event that occupancy beyond this level is required, the Applicants shall coordinate with the Building Official and Fire Marshal to ensure that all applicable Codes are implemented. 2. Use of the leased space in the existing structure shall be limited to the following times: from 8:00 a.m. to 2:00 p.m. on Sunday, from 7:00 p.m. to 11 :00 p.m. on Wednesdays, and times necessary for incidental uses of the space. 3. A sign permit will be obtained prior to placement of a sign on the subject property. Section 2. Severabilitv. 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 5860 July 6, 2004 Page 9 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: JUL 1 9 2004 JUL 1 9 Z004 JUL 1 9 2004 PASSED: APPROVED: ~~~=2 PETER B. LEWIS MAYOR ATTEST: .j)tlI&16!~//L-- Danielle E. Daskam City Clerk PUBLISHED: JUL 2 3 WU4 Ordinance 5860 July 6, 2004 Page 10