Loading...
HomeMy WebLinkAbout6065Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 ~~N~r~~~~~~~~ PACIFIC NW TIT MISC 43.00 PAGE001 OF 012 01/28/2007 11:45 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ~~ Conditional Use Permit (Ordinance No. 6065) Reference Number(s) of Documents assigned or released: ^Additional reference #'s on page of document '~ ~ V'~ -~`~ Grantor(s)IBorrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Seattle Disciple Church -_ Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 5 D Lunns Garden trs to Auburn pcl B of Auburn LLA #LLA01-0008 ® Additional legal is on page 12 of document. Assessor's Property Tax ParcellAccount Number 446340-0290 ^ Assessor Tax # not yet assigned Said document(s) were filet! br record by Pacific NatthwQetTtfie iC accommodation only. it het eat ~ examined as to propel exQa~ion ~r -~ to ita affect upon titip. 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: NOV 2 0 2006 PASSED: NOV 2 0 2006 APPROVED: NOV 2 0 2006 _--• PETER B. LEWIS MAYOR ATTEST: ~Di ~~ Da 'Ile E. Daskam, City Clerk APP ED FOR Daniel B. Heid City Attorney PUBLISHED: ~~- ~~-~cz~ ---------------------------- Ordinance No. 6065 November 14, 2006 Page 3 BXt~IIBIT ;~ BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) SEATTLE DISCIPLE CHURCH ) For a Conditional Use Permit ) No. CUP06-0003 FINDINGS, CONCLUSIONS, AND RECOMMENDATION StifMMARY 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-1 Light Industrial Zone district. be APPROVED, subject to a condition. SUrMMARY OF RECORD Re uest• The Seattle Disciple Church requests a Conditional Use Permit to establish a religious institution in the M-1 Light Industrial Zone district. Hearin Date: The Hearing Examiner for the City of Auburn held an open record public hearing on October 17, 2006. Testimony: 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: Exhibit .1 Staff Report Exhibit 2 Conditional Use Permit Application, received June 20, 2006 Exhibit 2 ja) Site plan, received June 20, 2006 Exhibit 3 Notice of Public Hearing and Vicinity Map Exhibit 4 Affidavit of Posting Findings, Conclusion, and Recommendation City ofAuburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 1 of 7 ,. Exhibit 5 Affidavit of Mailing Exhibit 6 Confirmation of Publication of Legal Notice Exhibit 7 Aerial Photograph Exhibit 8 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 Pazk.l Other tenants include Syntrix Biosystems (reseazch and development biotechnology company), Taylor-Made Printing Inc. (commercial printing services), and Auburn Dry Cleaning Center. The site has existing paved pazking with landscaping along Clay Street. The church occupies approximately 2,968 square feet of an L shaped 18,349 square feet building to the south with a similar sized mirror image building across the industrial pazk street to the north. Exhibit 1, page 3; Exhibit 2a. 3. Under the Aubur 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-108 states "intrusions of residential uses into industrial azeas 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 pazks") which provide a mixture of light industrial with supporting commercial uses are encouraged."ACP, page 3-39. 4. The site is part of an area recently rezoned from R-2 Single Family Residential and M-1 to EP Environmental Park District (EP). The site and surrounding properties are all currently zoned EP. Uses to the east aze single family residential, while uses to the north, south and west aze 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 maybe found in Exhibit 2a. Exhibit 2a. Findings, Conclusion, and Recommendation City ofAuburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page 2 of 7 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-1 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. Testimorry of Ms. Borland. 5. 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 pazk 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-1 zone must be located in existing facilities and require a conditional use permit pursuant to Chapter 18.64 ACC 3 ACC 18.32.040.L. 7. Christopher Ma, a member 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:OOpm. 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 pazking 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. Testimorry of Mr. Ma. 8. Pursuant to the City code, off-street church pazking 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. ` 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 Pazk District (EP)) and 6037 (rezoning the subject property and surrounding properties from M-1 to EP) became effective on August 16, 2006. Exhibit 1, page 2. s The proposed use could also be allowed with a Conditional Use Permit in the current Environmental Park District: ACC 18.33.030 (B). Findings, Conclusion, and Recommendation City ofAuburn Hearing Examiner Seattle Disciple Church CUP06-0003 Page3of7 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 (SEPA) categorical exemption thresholds and no SEPA environmental checklist or threshold determination is required. Exhibit 1, page 3. WAC 197-11-800. ACC 16.Ob.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 has 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 imminent 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 heaz 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 azea, utilities, screening and buffering, signs, yards and other open spaces, height, bulk; and location of structures, location of proposed open space uses, Findings, Conclusion, and Recommendation City ofAuburn Hearing Examiner Seattle Disciple Church CUP06--0003 Page 4 of 7 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 Findin s 1. With conditions, 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. Most industrial uses are permitted outright in the Ml zone. A religious institution requires review and approval of a 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 Pernvt Center to correct outstanding code violations.including but not limited to fire sprinklers, exit signs, and panic hardware. Findings 1-1 D. 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 ofAuburn Hearing Examiner Seattle Disciple Church CUP06--0003 Page S of 7 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 all requirements of the Zoning Code. The proposal is vested to the previous M1 District. Pursuant to Auburn City Code (ACC) 18.32.040.L, religious institutions located only in existing facilities may be permitted in the M1 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 ofindustrial-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, S, 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. RECOIVIl~NDATION 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-1 Light Industrial zone district be APPROVED, subject to the following condition: 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 Findings, Conclusion, and Recommendation City of Auburn Hearing Examiner Seattle Disciple Church CUP06--0003 Page 6 of 7 ordinance approving the Conditional Use Permit. `~- Decided this2~day of October 2006. ~_ THEODORE PAUL HUNTER Nearing Examiner Findings, Conclusion, and Recommendation City ofAuburn Hearing Examiner Seattle Disciple Church CUP0~0003 Page 7 of 7 ~Q~llB~f , LEGAL DESCRIPTION OF PROPERTY 5 D LUNNS GARDEN TRS TO AUBURN PCL B OF AUBURN LLA #LLA-Ol-0008 REC #20010402001404 SD LLA BEING LOCATED IN LOT 4 & 5 BLK D OF LUNNS GARDEN TRS TO AUBURN ~ pp..OO~~ ~t,o-~ac~a ~`t5o.c~o FEE PAYMENT: ;~~~A4for residential; $4;699'9e' for commercial; plus ~~:99~for Environmental Checklist T.R. # Cashier's Initials Date Received ~®¢odat6onaB Use Permit Page 7 Of 7 used+aea aarta2oa