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HomeMy WebLinkAbout4915 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 9~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF SIX DUPLEXES ON PROPERTY ZONED R-2 (SINGLE FAMILY) LOCATED AT 1108 3RD STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0008-95 dated June 19, 1995, together with site plans therefore, has been submitted to the City of Auburn, Washington, by DENNIS CLARK, requesting a Conditional Use Permit to allow the construction of six duplexes on property zoned R-2 (Single Family) located at 1108 3rd Street SE, within the City of Auburn, Washingtqn, hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, was referred to 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 the conclusion of which approval of the issuance the construction of six duplexes on property zoned R-2 City Hall, on September 24, 1996, at the Hearing Examiner recommended the of a Conditional Use Permit to allow (Single Ordinance No. 4915 October 15, 1996 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Family) located at 1108 3rd Street SE, within the City of Auburn, Washington; and WHEREAS, the City Council, on October 7, 1996, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow the construction of six duplexes in a R-2 (Single Family) zone, located on property situated at 1108 3rd Street SE, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT The owner/applicant, Dennis Clark, applies for a conditional use permit. The applicant is requesting that the subject property, which is 1.6 acres in size and is located at 1108 3rd Street SE with its current R-3 zoning be the site of a six duplex project. The R-3 zone allows for more than one duplex to be constructed on a parcel of land provided that the requirements for a conditional use permit have been established and provided further that each unit has at least 3,600 square feet of lot area. There are two existing duplexes now on the property. The parcel is 59,364.8 feet in area. Accordingly, the six units proposed would require 57,600 square feet of lot area. o The proposed duplexes together with the existing duplexes will be provided access by from a private driveway which Ordinance No. 4915 October 15, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 4 o intersects with 3rd Street SE. The driveway is between 17 and 24 feet wide. There will also be emergency access to the duplexes. Typically, emergency accesses are 20 feet wide. The duplexes can be accessed via a 17 foot access provided that they are served by an automatic fire sprinkler system approved by the Fire Marshall. The applicant is proposing to construct the project in two phases. The first phase of the project will be accessed via a private driveway which ends approximately 430 feet from 3rd Street. During the second phase, six additional dwelling units will be constructed. Currently, the Comprehensive ~Plan identifies the extension of an east-west arterial roadway through the site. The future planned public street would follow the alignment of 4th Street SE and would serve as site access in the future, after development. According to the site plan and legal descriptions which accompanied the application, a 50 foot width right-of-way exists on the western half of the site. The dedication of additional right-of-way is required to increase the right-of-way to 60 feet within the western half of the site, and to provide a full 60 foot right-of-way within the eastern half of the site for construction of the arterial street. This dedication is necessary to avoid cumulative adverse impacts to traffic circulation. The space associated with the 60 foot right-of-way has not been counted for the minimum lot size requirement for the dwelling units. The timing for construction of the off-site portion of the road is undetermined since the City does not have adequate right-of-way to complete the extension of 4th Street SE from M Street SE to R Street SE. The future arterial would consist of a City standard 44 foot wide street within a 60 foot right-of-way. Right-of-way previously secured for this road segment consists of both 50 and 60 foot widths, although the majority of right-of- way is 60 feet wide in accordance with City standards. Ordinance No. 4915 October 15, 1996 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Zonin9 and land uses in the vicinity include R-2, single family, to the north; R-3, railroad tracks, to the south; R-3, duplexes, to the east; and R-3, single family, to the west. The City issued a Mitigated Determination of Non- Significance on January 19, 1996 containing a number of conditions of approval addressing such issues as storm drainage, erosion control, landscaping and emergency access. 8 o The contents of the case file, CUP0008-95, and the environmental file, SEP0030-95, are incorporated herein by reference. At the time of the public hearing, several residents in the vicinity expressed concern about the development which concern was related primarily to the width of the right-of-way and traffic issues. CONCLUSIONS OF LAW 2 o In order for a conditional use permit to be granted, there are a number of criteria which must be established. The first criteria is that the use will have no more of an adverse effect on the health, safety, or comfort of persons living or working in the area, and would be no injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. The duplexes will not have an adverse effect upon the area in that there is adequate infrastructure to serve the duplexes, duplexes are an established use in the area now, duplex uses are consistent with the Comprehensive Plan, and the conditions in the MDNS will mitigate any impacts. Ordinance No. 4915 October 15, 1996 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 o 4 o 5 o o The proposal in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposal complies with all requirements of the Zoning Ordinance. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existin9 or intended character of the general vicinity. The proposal will not adversely effect the public infrastructure. 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 the construction of six duplexes on property zoned R-2 (Single Family) located at 1108 3rd Street SE, within the City of Auburn, County of King, State of Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ~ The above cited Hearing Examiner's of Fact and Conclusions, are herewith incorporated Ordinance. Findings in this Ordinance No. 4915 October 15, 1996 Page 5 1 2 3 4 5 6 7 8 9 lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ A to allow the construction of R-2 (Single Family) located at City of Auburn, County of King, described as follows: Conditional Use Permit is hereby approved six duplexes on property zoned 1108 3rd Street SE, within the State of Washington, legally Lots 27 & 28, East Auburn Acres, according to the Plat recorded in Volume 14 of Plats, Page 41, in King County, Washington; EXCEPT the north 50 feet of the south 200 feet of said Lot 27 conveyed to the City of Auburn for street purposes by deed recorded under Auditor's File #6066547; EXCEPT the north 180 feet of said Lot 28. Sufficient right-of-way shall be dedicated to a 60 foot wide arterial that extends the full provide for width of the lot. The exact alignment shall be approved by the City Engineer. The applicant shall provide to the City Engineer a Statutory Warranty Deed for the right-of-way. The deed shall be recorded prior to occupancy of any new unit on the parcel. ~_c~. Upon the passage, this Ordinance as provided by law, approval and publication of the City Clerk of the City Ordinance NO. 4915 October 15, 1996 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. ~k~_t~]l_~. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~ 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: CHARLES A. BOOTH MAYOR Ordinance NO. 4915 October 15, 1996 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance NO. 4915 October 15, 1996 Page 8