Loading...
HomeMy WebLinkAbout4553 Ln aJ M C\J Ln o C\J a-. ,"', .:::... :~: , ,,' ..:J (/:0 co-, 1.,.' ,);:; ;'ë, .:.") ,..) , 20 21 " 22 23 24 .~ ,,~ 1}llf CITY CLERK'S OFFICE CITY OF AUBUm~ 25 West Main AUburn. WA 98001 ORDINANCE NO. .. 5 5 3 , ::~ ,~~~ :>: ,G ,~ 25 1 2 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 4 DUPLEXES AND 2 TRIPLEXES IN AN R-3 (TWO-FAMILY (DUPLEX) RESIDENTIAL) ZONE, LOCATED ON THE SOUTH SIDE OF 18TH STREET N.E. IN THE 1100 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON. ,"..' '0'" ,,:¡ ,':,-, 26 4 5 6 WHEREAS, Application No. CUP0006-9l dated September 24, 7 1991, together with site plans therefore, has been submitted 8 9 10 11 12 to the City of Auburn, Washington, by STOBIE & ASSOCIATES requesting a Conditional Use Permit to allow construction of 4 duplexes and 2 triplexes to be located on the south side of 18th Street N. E. in an R-3 (Two-Family (Duplex) Residential District) zone within the City of Auburn, Washington, 13 hereinafter described in section 2 of the Ordinance; and 14 WHEREAS, said request above referred to, was referred to 15 16 17 18 19 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 February 19, 1992, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow construction of 4 duplexes and 2 triplexes to be located on the south side of 18th Street N.E. in the 1100 block, in an R-3 (Two-Family (Duplex) Residential District) zone; and ----------------------..------------ Ordinance No. 4553 March 10, 1992 Page 1 - ------ ----~ ---,-- -- -- 1 2 3 4 5 6 7 8 9 10 lJ') 11 CD M 12 - N - 13 lJ') 0 14 N C1" 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, at a meeting held on March 2, 1992 the Council considered the Hearing Examiner's recommendation. It was the decision of the Council to schedule a public hearing on the application; and WHEREAS, the City Council conducted a pUblic hearing on March 16, 1992 and at the conclusion of the which modified the Hearing Examiner's recommendation as follows, to-wit: FINDINGS OF FACT 1. The applicant, Stobie and Associates, through their agent, Andy Rykels, seeks conditional use permit approval to allow the construction of four duplexes and 2 triplexes. 2. The subject site is 1.19 acres in size and is located on the south side of 18th Street N. E. in the 1100 block. The site is zoned R-3, Two-Family (Duplex) Residential District and is currently vacant. 3. Surrounding land uses and zoning in the vicinity include R-3, Multi-Family to the north; R-2, Single Family to the south; R-3, Single Family to the east; and R-4, Multi- Family to the west. The Comprehensive Plan designates land to the north and east of the subject site for moderate density residential uses. Land to the west of this site is designated for high density residential uses which land to the south of the site is designated for and utilized for single family residential uses. 4. A Conditional Use Permit was previously issued on the site to allow the construction of 6 duplexes. After that permit was authorized, the property was sold and the new owner requests a different layout together with two additional units. ------------------------------------ Ordinance No. 4553 March 10, 1992 Page 2 . ---·-~'"T--- .---.- 1 2 3 4 5 6 7 8 9 10 11 12 lJ') CD 13 M N 14 - If) 15 0 N \7' 16 17 18 19 20 21 22 23 24 25 26 5. The property is zoned R-3, Duplex. The current zoning does allow for more than one duplex per lot and triplexes may be authorized if a conditional use permit is issued. 6. There are three lots associated with the project. Two- thirds of the lots will contain both a triplex and a duplex. The third lot will contain two duplexes. 7. The requirements of the zone where the subject property is located are 3600 square feet of lot area per each dwelling unit. Each lot provides an excess of the 3600 square foot minimum required. 8. The site plan indicates that all of the proposed units are two bedroom units. Each lot provides the required parking at the rate of 1.5 parking spaces per each two bedroom unit. In fact, when the parking spaces in the garage are considered, the site plan provides parking in excess of the minimum requirement. 9. The original site plan contained parking which was not convenient for the user. However, a revised site plan has been submitted and appears to meet the requirements of the Zoning Ordinance with regard to parking. 10. The three lots abut 18th street N.E. which is an unimproved right-of-way. King County Assessor's map illustrates the right-of-way to be 60 feet wide. This unimproved right-of-way, 18th street N.E., intersects with "M" street N.E. which is an arterial. The full width of the right-of-way deadends approximately 415 feet from "M" street. There is no right-of-way provided for a cul-de-sac or turnaround. 11. The applicant will be required to improve 18th street to a 1/2 street standard and provide a turnaround at the end of 18th street. 12. To the south are three lots each containing a single family home and zoned for single family uses. At the time of the Hearing Examiner public hearing, neighbors residing to the south of the subject property expressed concern with regard to the density of the development and screening or other types of landscaping. During the public hearing process, the applicant voluntarily agreed to provide a fence along the property's south boundary. In order to assure a fence be built it should be so conditioned. ------------------------------------ Ordinance No. 4553 March 10, 1992 Page 3 --------.-------- -------~-----,---- --- 1 2 3 4 5 6 7 8 9 10 11 12 If) CD 13 M - N 14 - If) 15 0 N a-. 16 17 18 19 20 21 22 23 24 25 26 13. In addition, one witness expressed concern with regard to a large area infested with blackberries and allegedly infested with rats in the vicinity of the development. The witness recommended that the City clean up this area which according to the witness is located within the street right-of-way. 14. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW 1. The criteria for the approval of a conditional use permit are set forth in the Zoning Ordinance at Section 18.64.040 of the Zoning Ordinance. The first of these criteria is that the use will not have an adverse effect on the persons living or working in the area. This criteria is established by the evidence because the use is in an area where multiple family uses already exist. The setbacks provided together with the required landscaping and the applicants' offer to further buffer the area from existing single family homes with a fence establish this criteria. 2. The proposal is in accord with the goals, policies, and objectives of the Comprehensive Plan. The proposal as submitted appears to comply with the Zoning Ordinance since the site plan has been revised to establish more convenient parking. 3. The proposal will not infrastructure and can be uses in the area. adversely affect the public consistent with multiple family For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow construction ----------------------------------.- Ordinance No. 4553 March 10, 1992 Page 4 --_.._.._.._.~--~..-...__..~-------,.. 1 2 3 4 5 6 7 8 9 10 11 12 lJ') 13 CO (") - 14 N - 15 If) 0 N 16 iJ' 17 18 19 20 21 22 23 24 25 26 of 4 duplexes and 2 triplexes to be located on the south side of 18th street N.E. in the 1100 block is modified and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. The above cited modified Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow construction of 4 duplexes and 2 triplexes to be located on the south side of 18th street N. E. in the 1100 block, in an R-3 (Two-Family (Duplex) Residential District) zone, situate in the City of Auburn, County of King, State of Washington, and is legally described as follows: PARCEL A (Tax Lot 57) The south 181.2 feet of the west 95 feet of the following: That portion of Sections 6 and 7, Township 21 North, Range 5 East, Willamette Meridian described as follows: Beginning 825 feet west and 919.38 feet south of the northeast corner of the south half of Donation Claim Number 37; thence west 412.5 feet; thence south 211.21 feet; thence east 412.5 feet thence north to the point of beginning, in King County, Washington. _________~u________~_______________ Ordinance No. 4553 March 10, 1992 Page 5 ... ___ _______ n____.,__ _ ~_ 1 2 3 4 5 6 7 8 9 10 lJ') 11 CD M 12 - N 13 - If) 0 14 N C1" 15 16 17 18 19 20 21 22 23 24 25 26 PARCEL B (Tax Lot 59) The southerly 181. 2 feet of the westerly 95 feet of the easterly 317.5 feet of that portion of Donation Land Claim of the heirs at law of William M. Brannon and his wife, Elizabeth Brannon, both deceased, designated as Claim No. 37, and being a portion of Sections 6 and 7, Township 21 North, Range 5 East, Willamette Meridian. in King County, Washington, described as follows: Beginning 825 feet west and 919.38 feet south of the northeast corner of the south half of Donation Claim Number 37; thence west 412.5 feet; thence south 211.21 feet; thence east 412.5 feet thence north to the point of beginning, in King County, Washington. PARCEL C ( Tax Lot 60) The southerly 181. 2 feet of the westerly 95 feet of the easterly 222.5 feet of that portion of Donation Land Claim of the heirs at law of William M. Brannon and his wife, Elizabeth Brannon, both deceased, designated as Claim No. 37, and being a portion of sections 6 and 7, Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington, described as follows: Beginning 825 feet west of 919.38 feet south of the northeast corner of the south half of Donation Claim Number 37; thence West 412.5 feet; thence south 211.21 feet; thence east 412.5 feet thence north to the point of beginning, in King County, Washington. Section 3. The site plan shall be approved by the Planning Director and be consistent with the site plan submitted at the February 19, 1992 Hearing Examiner public hearing. _______~__n_______b_________U__ Ordinance No. 4553 March 10, 1992 Page 6 _. .,~_.~._--_._--~- -------...---------..--------,- 1 2 3 4 5 6 7 8 9 10 lJ') 11 CD C'0 - 12 N - If) 13 0 C'\I 14 C1" 15 16 17 18 19 20 21 22 23 24 25 26 Section 4. Any parking areas that abut the single family homes to the south shall be screened with a 10 foot width of Type I landscaping. section s. A lot line adjustment is also required in order to made some minor adjustments to the existing lot lines. The lot line adjustment shall be approved and recorded prior to issuance of building permits. Section 6. The applicant shall provide a 6 foot high 100% sight obscuring fence along the south property line. Section 7. 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 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 9. This Ordinance shall take effect and be in force five days from and after its passage, approval and pUblication as provided by law. --___________.______n_________h___ Ordinance No. 4553 March 10, 1992 Page 7 --1- 1 2 3 4 5 6 7 8 9 10 11 12 13 /.() aJ 14 M - C\J 15 - /.() 16 0 C\J C1" 17 18 19 20 21 22 23 24 25 26 ATTEST: INTRODUCED: 0- /(¿¡- 9J- (3-/&. 7.~ .;,3-/0-9J-- PASSED: APPROVED: ~ MAYOR ~/)J~k Robin Wohlhueter, City Clerk APPROVED AS TO FORM: ~~~ ste hen R. Shelton, City Attorney PUBLISHED: 3-ck2-'9~ _________u__u___________________h Ordinance No. 4553 March 10, 1992 PageS -- -------------.---------- ---~~-- --,-- -- ---- ----