HomeMy WebLinkAbout03-01-2004 ITEM VIII-A-5CITY OF
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WA S H I N E TO N
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Ordinance No. 5832 2/25/2004
Department: Attachments: Budget Impact:
Ordinance No. 5832
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 5832.
Background Summa:
Ordinance No. 5832 would authorize a conditional use permit to allow existing structures that were
originally developed as a "group residence facility" located at 1111 - 4 t Street NE to be converted into 12
multi -family dwelling units.
HE10RD-RESIORD 5832
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03.10.1 CUP03-0009
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Arts Commission
Airport
Hearing Examiner
Human Services
Park Board
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Action:
om m ittee Approval:
Council Approval:
Referred to
Tabled
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COUNCIL COMMITTE
Finance
Municipal Serv.
Planning & CD
Public Works
Other
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YesBNo
Yes No
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S: Building
Cemetery
Finance
Fire
Legal
Public Works
ments & Divisions:
M&O
Mayor
Parks
Planning
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Call for Public Hearing
Until 1 1
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Councilmember: Singer Staff: Krauss
Meeting Date: March 1, 2004 Item Number: VIII.A.5
Ajj$URN * MORE THAN YOU IMAGINED
ORDINANCE No, 5 S 3 2
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, APPROVING THE ISSUANCE OF A
CONDITIONAL USE PERMIT TO CONVERT GROUP
RESIDENCE FACILITY INTO 12 MULTI -FAMILY DWELLING
UNITS
WHEREAS, Application No. CUP03-0009 dated November 7, 2003, was
submitted to the city of Auburn, Washington, by Howard J. McOmber/Skyline
Properties, Inc., for a Conditional Use Permit to convert a group residence facility
located at 1111 —4 th Street NE into 12 multi -family dwelling units; 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 January 21, 2004, the
Hearing Examiner recommended approval of the application on February 4, 20041
subject to certain conditions; and
WHEREAS, on February 17, 2004, the City Council considered said applicataion
and approved the Hearing Examiner's recommendation and proposed conditions for the
issuance of a Conditional Use Permit to convert a group residence facility located at
111.1 —4 th Street NE into 12 multi -family dwelling units, within the City of Auburn,
Washington, based upon the following Findings of Fact and Conclusions of Law and
Decision, to -wit:
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Ordinance 5832
February 24, 2004
Page 1
FINDINGS OF FACT
1. Howard J. MCCmber has applied for a conditional use permit that would allow
existing structures that were originally developed as a "group residence facility"
located at 1111 -- 4t" Street NE to be converted into 12 multi -family dwelling
units. This site has been used as a group residence facility since the 1970's.
Group residence facilities are defined by Section 18.04.440 of the Zoning Cade
as a facility licensed by the State. and operated with full time supervision for the
purpose of housing residents who by reason of their mental or physical disability,
addition to drugs or alcohol, or family or social adjustment problems require a
transitional non-medical treatment program for rehabilitation and social
readjustment. The facility consists of a number of buildings, with living quarters.
As the facility originally had a common dining area, the living units currently do
not have kitchens. The facility had provided residency for a variety of disabled
persons over the years. The facility is now vacant and has been for a number of
years.
2. A previous application for a CUP at this site (CUP01-0004) was made by another
applicant in August 2001. A Hearing Examiner decision recommending approval
of that CUP was issued December 27, 2001, but the applicant at the time
withdrew the conditional Use permit request prior to consideration by the City
Council. Mr. McOmber has stated and has documented that he wishes his
proposal to be identical to that prior CUP. Since the proposal is the same and
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Ordinance 5832
February 24, 2004
Page 2
there are no other changed circumstances, the SEPA determination that was
issued October 3, 2001 (SEP01-0034) continues to be valid.
3. The property is currently R-3, Duplex. The R-3 zone does not allow for group
residence facilities if a conditional use permit has been issued by the City
Council. While the property is vacant and has been for a significant amount of
time, the Zoning code at Section 18.04.050 would still allow the re -occupancy of
the site with a group residence facility without another conditional use permit
being issued.
4. . The proposal now is to convert the facility into typical multi -family dwelling units.
Since the property is zoned R-3 the Zoning Code requires 3000 square feet of lot
area for each dwelling unit. The property is 44,573 square feet in area and when
you divide 44,573 by 3000 the maximum number of units that can be allowed on
the site is 12. There are currently 4 buildings on the property. Two of the
buildings will be converted to four-plexes and two will be converted to duplexes.
These types of residential structures are allowed on the R-3 zone, Section
18.10.030, if a conditional use permit is approved by the City. Council.
5. Density calculations require consideration of the entirety of the property: In
addition, the property is currently divided into several parcels; some of the
buildings span property lines. Therefore, the property must be consolidated into
one single parcel, through a lot adjustment, prior to occupancy.
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Ordinance 5832
February 24, 2004
Page 3
5. The application states that it is proposed to renovate the existing buildings by
providing new windows and doors, new siding and trim, new plumbing, new
appliances (to complete the kitchens) and other general upgrades. Parking will
be provided by an existing parking lot that is shared by all buildings in the central.
portion of the site and with two spaces provided in a newly -striped area to the
north of the buildings. There is a relatively large unused part of the property that
is north of the buildings. This area originally contained the communal building,
which was subsequently removed. It will be the property owner's responsibility to
maintain this area.
7. A variance is also being considered concurrently with this conditional use permit
application. The purpose of the variance is to address the substandard setbacks
of the existing buildings. There will be substantial renovations done, the cost of
which may exceed 50% of the value of the buildings, which in the absence of a
variance the buildings would be required to meet the existing setback
requirements of the R-3 zone.
8. At the time of the public hearing some concern was expressed by a witness
regarding traffic and safety issues on the site. However, the application complies
with the applicable code criterion.
9. The contents of the case file, CUPO3-0009, and the environment file, SEP01-
0034, of this project are hereby incorporated by reference and made part of the
record of this hearing.
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Ordinance 5832
February 24, 2004
Page 4
CONCLUSIONS OF LAW
The conditional use permit may be approved . in that it is consistent with the
following criteria necessary to grant the permit as outlined in Section 1 8.54.040 of the
Zoning Ordinance.
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 proposal should have significantly less of an impact on the neighborhood
than previous uses since there would be fewer households that will live at this
facility.
2. The proposal lies within the moderate density residential designation of the
Comprehensive Plan. On page 14-5 of the Comprehensive, Plan it states that
four-plex units may be allowed in this designation. The pump islands shall be
oriented such that vehicles being fueled will ingress and egress the island on an
east -west or west -east path.
3. The proposal complies with all requirements of he Zoning Ordinance.
The proposal either meets or is capable of meeting all Zoning Ordinance
requirements.
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Ordinance 5832
February 24, 2004
Page 5
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.
There is no evidence that the public infrastructure will be adversely affected by
this proposal. The proposal is already served by City utilities and streets.
For each of the above reasons, the Hearing Examiner recommended approval of
the conditional use permit to the Auburn City Council, subject to the conditions set forth
below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section 1. A Conditional Use Permit is hereby approved to allow for a
conditional use permit to convert a group residence facility located at 1111 r-- 4th Street
P 9 P
NE, as identified in Exhibit A attached hereto, into 12 multi -family dwelling units, subject
to the following conditions:
1. The variance application, VAR03-00.14, shall be approved prior to this conditional
use permit taking effect.
2. Landscaping shall be provided on the 4th. Street and "K" Street frontages. The
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landscaping shall be generally consistent with the Type III landscape
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Ordinance 5832
February 24, 2004
Page 6
requirements of Chapter 18.50 of the Zoning code. The Planning Director shall
give final approval of the landscape plan.
3. The implantation of this conditional Use Permit shall terminate any continuation
of the use rights of a group residence facility.
4. The unused northern portion of the property shall be properly maintained by the
property owner. Use of this area may include, but it is not necessarily limited to
lawn, recreation facilities for the on --site residents, or other maintained
landscaping. As part of the application for the building permit the application
shall be indicated the use of the area. The proposed use and maintenance shall
be approved by the Planning Director.
5. A lot line adjustment is required to combine all parcels into one parcel. This shall
be accomplished prior to any occupancy of any dwelling unit.
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.
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Ordinance 5832
February 24, 2004
Page 7
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:
ATTEST:
Danielle E. Daskam
City Clerk
I
r
B.R*6id
City Attorney
PUBLISHED:
Ordinance 5832
February 24, 2004
Page 8
PETER B. LEWIS
MAYOR
LEGAL DESCRIPTION
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