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HomeMy WebLinkAbout5880 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 1111 II 11111 200411290 PRCIFIC NW TIT ORD PRGE001 OF 011 11/29/2004 10:09 KING COUNTY, WR III 11I111 00253 29.00 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): \ V2_c( P/Vl"T L.-"I2'lQ-I'L Conditional Use Permit (Ordinance 5880) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page _ of documant Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/AssigneefBeneficiary: (Last name first) 1. Livingston, Carol Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 192105 157 LOT 1 AUBURN SHORT PLAT # SP-14-77 RECORDING #770230872 SD PLAT DAF W 1/2 OF N 345 FT OF E 264 FT OF W 396 FT OF SW 1/4 OF SE 1/4 SEC 19-21-5 LESS CO RD D Additional legal is on page of document. Assessor's Property Tax ParcelfAccount Number 192105-9157 o Assessor Tax # not yet assigned ORDINANCE NO. 5 8 8 0 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING DAYCARE CENTER IN AN R-2, SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 832_21sT STREET SE IN AUBURN, WASHINGTON WHEREAS, Application No. CUP04-0006, dated October 19,2004, has been submitted to the City of Auburn, Washington, by Carol Livingston, requesting approval of a Conditional Use Permit (CUP) to expand an existing daycare center in an R-2, Single Family Residential District located at 832 - 21st Street SE in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on October 19, 2004, of which the Hearing Examiner recommended approval of the Conditional Use Permit on October 27, 2004; and WHEREAS, the City Council, on November 15, 2004, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: Ordinance 5880 November 9, 2004 Page 1 FINDINGS OF FACT 1. The Applicant requests approval of a Conditional Use Permit (CUP) to expand an existing day care center in the R2 single-family residential district. The subject property is located at 831 - 21st Street SE in Auburn, Washington. Exhibit 1, page 1; Exhibit 2, page 1; Exhibit 3, page 1. 2. The 0.49-acre subject property is developed with a single-family residence in the west portion and an existing day care center in the eastern portion. The Applicant lives in the on-site residence. A 20-foot wide private access easement serving two off-site residences encumbers the parcel along the length of the eastern boundary. The northwest corner of the site contains an existing seven stall parking area. Three additional spaces, including a handicapped van parking space, are located to the east of the existing day care center. A outdoor play area surrounded by a six-foot wood fence occupies the southwest corner of the site. A 42-inch high chain link fence encloses the day care center with openings at the driveways. Exhibit 4, Site Improvement Plan. 3. The subject property is zoned R2, Single-Family Residential. Exhibit 1, page 1. The intent of the R-2 district is to create a living environment of optimum standards for single-family dwellings. ACC 18.14.010. Daycare centers, preschools, and nursery schools may be permitted on approval of a CUP if they are located on an arterial. ACC 18.14.030. 4. The subject property fronts the south side of 21st Street SE, defined as a "residential collector arterial" by Auburn's 1997 Transportation Plan. The property frontage is fully improved with curb, gutter, and sidewalk. Exhibit 1, page 2. Two driveways provide vehicular access to the site from 21st Street SE. One is the private access easement along the eastern property boundary; the other sits 36 feet to the west. Because both access the parking lot, they act as a circular driveway for the day care center. Exhibit 1, page 3. 5. Property to the south and to the east is zoned R2 Single-Family Residential and developed with single-family residential development, while property to the west is developed with multi-family residential development. The property across 21st Street SE to the north is zoned Ordinance 5880 November 9, 2004 Page 2 P1, Public Use District, and is developed with a junior high school. Exhibit 1, page 1; Testimony of Mr. Dixon. 6. Prior to January 2001, the Applicant operated a home-based day care in her residence, as is permitted outright in the R2 district. She applied for a CUP to expand to a day care center to be located in a family room addition, an existing mother-in-law unit, and an attached garage on-site. The CUP approved by Resolution 5524 on March 12, 2001 allowed the day care center to enroll up to 60 children ages three and up, who would be cared for by six to eight employees. The Board of Commissioners imposed conditions of approval requiring: a minimum of ten parking spaces; an eight-foot landscaped strip along the frontage; that driveways be brought up to code; and, that the Applicant submit a revised building permit for the family room addition then under construction. Exhibit 1, page 3; Exhibit 9, Resolution 5524, dated March 12, 2001. City Planing Staff testified at hearing that the Applicant had satisfied the conditions of the original SUP. Testimony of Mr. Dixon. 7. The eight-foot landscaped strip along the property frontage "consists predominantly of bark mulch." Exhibit 1, page 2. Planning staff requested a condition of approval on the expansion requiring the Applicant to submit a landscape plan for the installation of Type III landscaping along the frontage, to be reviewed and approved by the City. Exhibit 1, page 5. 8. The existing day care center, which is licensed by the City, serves approximately 45 children and has 5 employees. Exhibit 1, pages 3-4. The Applicant requested to increase enrollment up to 65 children and to hire one to three additional employees. Hours of operation for the expanded day care center would be 5:00 a.m. to 6:30 p.m.. Exhibit 1, page 3. 9. A conceptual plan for the proposed expansion depicts a new 750 square foot building attached to existing structures in the southeast portion of the site. All new construction would be set back ten feet from the south property line and 11 feet from the border of the private access easement running the length of the eastern boundary. Exhibit 4. The purpose for the expansion is to provide additional classroom space to allow both an Ordinance 5880 November 9, 2004 Page 3 increase in enrollment and a decrease in crowding experienced in existing classrooms. Exhibit 1, page 3. 10. The existing residence, day care center, and parking lot are served by catch basins connected by underground pipes to a storm drainage treatment swale. Exhibit 1, page 2. The increase in runoff from the proposed additional impervious surface would be adequately served by the existing storm drainage facilities on-site. Testimony of Mr. Dixon. 11. The Applicant would be required to obtain a building permit. During building permit review, the proposed expansion would be reviewed for compliance with City development standards, as well as the Building and Fire Codes, including sprinkler and alarm system requirements specific to day care centers. Exhibit 1, page 4. 12. Off-street parking regulations require one parking space per employee plus loading and unloading areas for day car!,! centers. ACC 18. 52.020(F)(5). In addition, the zoning code contains provisions requiring new off-street parking spaces for alterations or additions to non-residential uses outside the C2 zone. ACC 18.52.010(8)(3). Expansion of the day care center would not increase the number of employees beyond that approved in the previous CUP. No additional parking spaces would be required due to the proposed expansion. Exhibit 1, pages 3-4; Testimony of Mr. Dixon. 13. The City's Comprehensive Land Use Planning Map designates the subject property as Single Family Residential. The purpose of this Comprehensive Plan designation is to protect areas set aside for predominantly single-family dwellings. Uses identified as compatible with the Single Family Residential designation include schools, daycare centers, churches, and parks. The requrested day care center expansion would be consistent with the policies and the purpose of the City's Comprehensive Plan. Exhibit 1, pages 4-5; Testimony of Mr. Dixon. 14. The expansion of the daycare center would not have any adverse impacts on surrounding properties or improvements. The use already exists and only an incremental increase of up to five additional students and up to three employees is requested. The subject property is located Ordinance 5880 November 9, 2004 Page 4 across the street from a junior high school and near multifamily residential development. The general character of the neighborhood already includes the presence of many children and their transportation to and from the area. Exhibit 1, page 4. Fewer than 30 additional vehicle trips per day would be anticipated from the expansion. Nothing in the record indicates that expansion of the daycare center would result in a public nuissance. Testimony of Mr. Dixon. 15. Because the new construction would be attached to existing structures, a condition of approval would be necessary to maintain continuity of exterior building appearance in order to ensure a harmonious relationship between the expansion, the existing character of the subject property, and surrounding development. Exhibit 1, page 5. 16. The new structure would connect to existing water, sewer, and electric utilities. It would not involve construction of additional access to public streets. Exhibit 4. The Applicant's request for expansion was submitted to the City's reviewing agencies. The Planning staff received no comments. Construction of the expansion would be reviewed for compliance with the City's zoning and building ordinances at time of building permit issuance. The record contains no indication that the proposed expansion would result in adverse impacts on surrounding infrastructure. Exhibit 1, page 5; Testimony of Mr. Dixon. 17. The City provided reasonable notice of the October 19, 2004 public hearing. No public comments were submitted. Testimony of Mr. Dixon; Exhibits 6, 7, and 8. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on 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. Ordinance 5880 November 9, 2004 Page 5 Criteria for Review Pursuant to ACC 18.64.040, to recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The proposed use is permitted within the zone; 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; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; 4. The proposal complies with all requirements of this title; 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; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. Conclusions Based on FindinQs 1. The proposed use is permitted within the zone. Day care centers are a permitted use in the R2 district, subject to CUP approval. Finding of Fact No.3. 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. The neighborhood is characterized by the presence of children and the transportation of children to and from the area. The requested increase of up to five students and up to three employees is an incremental increase in the existing daycare use. Fewer than 30 vehicle trips per day will be added to traffic in the area. The expansion will not adversely impact Ordinance 5880 November 9, 2004 Page 6 persons or property in the vicinity. Findings of Fact Nos. 6, 7, 8, 9, 11, and 13. 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The Comprehensive Plan designation of Single-Family Residential acknowledges the value of incorporating some public uses, such as churches and schools, into residential areas. The expansion of an existing day care center accords with the policy and objectives of the Comprehensive Plan designation for the subject property. Finding of Fact No. 13. 4. The proposal complies with all requirements of this title. The Applicant has demonstrated that the request for expansion of an existing conditional use satisfies the criteria in this title. With conditions, the expansion will comply with all applicable development standards as well as with the conditions of approval on the original CUP, specifically as they pertain to landscaping. Findings of Fact Nos. 1 through 17. 5. The project can be constructed and maintained to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. As conditioned, the expansion of the existing use will be harmonious with the structures on-site and with the character of development in the vicinity. Finding of Fact No. 15. 6. The proposal will not adversely affect the public infrastructure. Minor increases in demand for stormwater drainage and employee parking will be adequately accommodated by existing facilities. There will be no significant traffic impacts and no adverse affect on infrastructure. Findings of Fact Nos. 10, 12, 14, and 16. 7. The proposal will not cause or create a public nuisance. There is no indication that the use will cause or create a public nuisance. Finding of Fact No. 14. DECISION Based upon the preceding Findings and Conclusions, the request for CUP to expand an existing day care center in the R2 single-family residential district Ordinance 5880 November 9, 2004 Page 7 located at 832 - 21st Street SE in Auburn, Washington should be approved, subject to the conditions below. 1. Prior to the issuance of construction permits, the Applicant shall submit building permit applications demonstrating that the proposed building will be similar in appearance and design to the existing day care center building. The new building shall have a pitched roof and similar exterior building materials and colors. 2. Prior to the issuance of a certificate of occupancy, the Applicant shall submit landscape plans for City review and approval and shall install Type III landscaping along the street frontage. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The above-cited Hearing Examiner's Conclusions and Decision are herewith approved and incorporated in by this reference, and the Conditional Use Permit is hereby approved to expand an existing daycare center in an R-2, Single Family Residential District located at 832 - 21st Street SE in Auburn, Washington, subject to the conditions above. 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. Ordinance 5880 November 9, 2004 Page 8 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, Division of Records and Elections. 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: NOV 1 Ii 2UuII NO': 1 I) 2884 NOV 1 Ii 2U04 OF AUBURN .--> ----' ATTEST: ;[t2tJdlc~bvtJ Dartielle E. Daskam, City Clerk Ordinance 5880 November 9, 2004 Page 9 APPROVED AS TO FORM: D,"~~~ City Attorney \ I~LJ //I90/-\ Ordinance 5880 November 9, 2004 Page 10