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HomeMy WebLinkAbout6021 Return Address: Auburn City Clerk City of Auburn 25 West Main 81. Auburn, WA 98001 11111111111111 nlllllll 20060615000895 PACIFIC NW TIT ORD 44." PAGE..l OF .13 .6/15/Z..6 11:5Z KING COUNTY, WA (t>~ RECORDER'S COVER SHEET \3 Document Title(s) (or transactions contained therein): 1. Conditional Use Permit (Ordinance No. 6021) Reference Number(s) of Documents assigned or released: DAdditional reference #'5 on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Benson,Jeneva Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the southwest quarter of the southeast quarter of Section 21, Township 21 North, Range 5 East ~ Additional legal is on page ~ of document. Assessor's Property Tax Parcel/Account Number 212105-9074 o Assessor Tax # not yet assigned , . ORDINANCE NO. 6021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TRIPLEX WITHIN AN R3 DUPLEX RESIDENTIAL ZONE AT 4017 AUBURN WAY SOUTH, AUBURN WASHINGTON WHEREAS, Application No. CUP05-0004, dated September 30, 2005, was submitted to the City of Auburn, Washington by Jeneva Benson for approval of a Conditional Use Permit to allow a triplex within an R3 Duplex Residential zone at 4017 Auburn Way South in Auburn, Washington; 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 March 21, 2006, and the Hearing Examiner recommended approval of the application on April 4, 2006, subject to certain conditions; and WHEREAS, on May 1, 2006, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a Conditional Use Permit (CUP) to allow a triplex within an R3 Duplex Residential zone at 4017 Auburn Way South Ordinance No. 6021 April 26, 2006 Page 1 In Auburn, Washington based upon the following Findings of Fact and Conclusions, to-wit F/ND/NGS OF FACT 1. The Applicant requested approval of a CUP for the construction of a triplex on property located at 4017 Auburn Way South in the City of Auburn. The subject property is approximately 16,525 square feet and is identified by King County Tax Parcel No. 2121059074. Exhibit 1, Staff Report, Pages 1-2; Exhibit 2, Vicinity Map; Exhibit 3, CUP Application; Testimony of Ms. Bor/and. 2. The subject property currently maintains a single family residence which would be demolished to accommodate the proposed triplex. Exhibit 1, Staff Report, Page 2; Exhibit 8, Aeria/ Photograph. 3. The Applicant proposed to construct a multi-family triplex structure. The structure would contain three dwelling units. Each unit would be a town home with 698 square feet on the first floor and 728 square feet on the second floor, for a total of 1,426 square feet per unit. Each unit would have three bedrooms and two bathrooms. Common walls would be constructed with typical two hour separation walls. The structure height would be approximately 28 feet. Exhibit 9, En/arged Site Plan. 4. The subject property is zoned R-3 Two Family (Duplex) Residential (R-3) and, pursuant to Auburn's Comprehensive Plan, is designated as Moderate Density Residential. Exhibit 1, Staff Report, Pages 1-2; Testimony of Ms. Bor/and. 5. The R-3 zone is intended to "permit a limited increase in population density in those areas to which the (R-3 classification) applies... while at the same time ... maintain a desirable family living environment." ACC 18.16.010. The R-3 zone also seeks to provide a transition between single-family areas and other intensive designations or activities which reduce the suitability of land for single-family uses. /d. The R-3 zoning district permits multi-family triplex units subject to the issuance of a CUP. ACC 18. 16.030(G). Ordinance No. 6021 April 26, 2006 Page 2 6. The R-3 zone permits multi-family structures of up to four dwelling units provided that 3,600 square feet of lot area is provided for each dwelling unit. ACC 18.16.040(C); ACC 18. 16.030(G). The Applicant proposed three dwelling units, requiring 10,800 square foot of lot area. The subject property is 16,525 square feet. The proposal meets the standards as set forth in the ACC. ACC 18.16; Exhibit 1, Staff Report, Page 4; Exhibit 9, Enlarged Site Pmn;TesilmonyofMs.Borland 7. Design standards for the R-3 zone include - minimum lot area of 3,600 square feet per dwelling unit; minimum lot width of 60 feet; minimum lot depth of 80 feet; maximum lot coverage of 40 percent; minimum set backs of 20 feet front, five feet side interior, 25 feet rear; building height of 30 feet. The Applicant's proposal is consistent with these standards. ACC 18. 16.040(G); Exhibit 9, Site Plan. 8. Under the City's Comprehensive Plan, the designation of Moderate Family Residential (MFR) applies to land for transition between single family residential areas and other more intensive designations, as well as other activities (such as high traffic volumes) which reduce the suitability of potential residential areas for single family uses. The MFR designation seeks to offer opportunities for a variety of housing types which balance residential amenities with the need to provide economical housing choices in a manner that is consistent with conserving the character of adjacent single- family areas. The R-3 zoning district is intended to implement this land use designation. Auburn Comprehensive Plan, Chapter 14; Comprehensive Land Map. 9. Comprehensive plan objectives and policies that support the proposal include: Chapter 3, Land Use, Objective 7.5 (meet the City's need for multi- family dwellings while avoiding conflict with single-family areas) and Chapter 3, Land Use, Goal LU-34 (moderate density units shall be encouraged as a buffer between single-family areas and more intense uses, such as arterial roadways and commercial uses). Auburn Comprehensive Plan, Chapter 3, Land Use. 10. Surrounding properties are similarly zoned and developed. Properties to the north, south, and west are zoned R-3. Property to the east maintains two zoning districts - R-3 and Residential Manufactured Home Park (RMHP). Properties to the north and west have been developed with single-family Ordinance No. 6021 April 26, 2006 Page 3 residences and property to the south has been developed with a duplex and triplex. Property to the east has been developed with a mobile home park. Exhibit 1, Staff Report, Page 2; Exhibit 3, CUP Application; Exhibit 8, Aerial Photograph; City of Auburn Zoning Map 21-21-05; Tesilmony of Ms. Borland. 11. Off-street parking requirements are provided in ACC 18.52. ACC 18.52.020(A)(3) requires two off-street parking spaces for each three bedroom multi-family unit. The Applicant has proposed six paved off-street parking spaces for the three unit, three bedroom building. The Applicant's proposal would satisfy the off-street parking requirements of the zoning district. ACC 18.52.020(A)(3); Exhibit 1, Staff Report, Page 3; Exhibit 9, Site plan. 12. Review of the proposal by other city departments, including Public Works, determined that the public infrastructures (sewer and water) would not be affected by the proposal so long as recommended conditions are followed. Copies of city departments review comments were not submitted into the record. Exhibit 1, Staff Report, Page 4. 13. ACC 18.50.050(A) requires landscaping be provided in conjunction with the issuance of a CUP within the R-3 zoning district. The Applicant proposed a five-foot landscaping buffer along the interior border of the site and a grassy lawn area augmented with landscaping along the site's border with Auburn Way South. The landscape buffer would be Type II, Type III, or Type IV, depending on its location. A Type II landscape is intended to create a visual separation between different uses or zones and is to consist of groundcover, shrubs, evergreen trees, and no more than 50 percent deciduous trees. ACC 18. 50.040 (B). A Type III landscape is intended to provide a visual separate of uses from the street and from compatible uses and is to consist of groundcover, shrubs, evergreen trees, and no more than 75 percent deciduous trees. ACC 18.50.040(C). A Type IV landscape is intended to provide a visual relief between compatible uses and is to consist of groundcover, shrubs, and deciduous trees. ACC 18.50.040(D). Type II and Type III landscaping would primarily be located near the property's border with Auburn Way South. Type IV landscaping would be located near the rear of the property. A six-foot fence exists along the west/northwest border and a four-foot fence exists along the east/southeastern border. ACC 18.50; Exhibit 1, Staff Report, Page 4; Exhibit 9, Enlarged Site Plan. Ordinance No. 6021 April 26, 2006 Page 4 14. The Applicant proposed a three foot by four foot monument sign. ACC 18.56.030 regulates signage in the R-3 zoning district. All signs must comply with the sign requirements of the R-3 zoning district found in ACC 18.56.030(B). The Applicant's proposal appears to satisfy these requirements. ACC 18.56; Exhibit 9, Enlarged Site Plan. 15.Access to the site would be via a single exit/entrance to Auburn Way South, a Principal Arterial. A Limited Scope Traffic Study (Traffic Study) was required to evaluate the proposal's impacts on the level of service (LOS) and to examine sight distance issues at the unsignalized driveway. The Applicant retained C. Brown and Associates to prepare the Traffic Study (see Exhibit 11). Exhibit 10, Cover Letter and Traffic Study; Testimony of Ms. Borland. 16. The Traffic Study reviewed gaps in the mainline traffic stream to determine if there was adequate time for a vehicle to safely exit the proposed triplex. The Traffic Study determined that in the morning peak hour, there were five gaps of 10 seconds in length and in the afternoon peak hour, there were no gaps. The Traffic Study concluded "that this 2-lane roadway (Auburn Way South) is very heavily traveled (and heavy traffic) makes northbound left turns from the site virtually impossible until the peak hour traffic flows on Auburn Way South diminish." In order to mitigate for the gap inadequacies that would be created by the residents of the proposed triplex, the City recommended that the Applicant provide financial security for their fair share of a left turn refuge/acceleration lane. Exhibits 11, 11A, and 11B, Correspondence from City regarding Traffic Impacts; Exhibit 10, Cover Letter and Traffic Stud; Testimony of Mr. Welsh; Testimony of Mr. Keimeg. 17. The Applicant's representative stated that the Applicant would participate in the potential left turn refuge/acceleration lane by signing a "No Protest Agreement" and participating in a U-L1D. The Applicant's representative, concurring with the results of the Traffic Study, stated that inadequacy in gaps for left turning vehicles was currently being resolved by neighboring property owners turning right and then making a U-turn at the first convenient location, usually the Seventh Day Adventist Academy's western driveway. City Staff testified that the current resolution for the problem was essentially an illegal turnaround on private property and therefore was not sufficient mitigation for impacts. In addition, City Staff noted that most Ordinance No. 6021 April 26, 2006 Page 5 vehicles existing from the triplex would want to turn left as services, including stores and schools, are located in that direction. The Applicant argued that the City was inappropriately asking them to pay for traffic impacts that they did not create. Mr. Welsh testified that, although the area was not part of the City's Transportation Improvement Plan (TIP), the project stands alone and is not contingent on the TIP for requiring mitigation of impacts. Exhibit 10, Cover Letter and Traffic Study; Tesilmony of Mr. Welsh; Tesilmony of Mr. Keimig. 18. Analysis of the LOS determined that traffic generated by the proposed triplex would yield a LOS "E" during the morning peak hour and a LOS "F" during the afternoon peak hour. Sight distances were found to be adequate. Exhibit 1 0, Cover Letter and Traffic Study. 19. The City determined that due to the small size of the proposal, the proposal falls below the threshold for environmental review under Washington's State Environmental Policy Act (SEPA), RCW 43.21C. Exhibit 1, Staff Report, Pages 1 and 3; WAC 197-11-800. 20. The City provided reasonable notice of the March 21, 2006 public hearing. Notice was posted on-site on March 8, 2006; was mailed to all property owners within 300 feet of the affected site on March 10, 2006; and was published in the King County Journal on March 11, 2006. Exhibits 4, 5, 6, and 7- Noilce. 21 . Public testimony was received on the proposal. Comments pertained to traffic impacts and stated that a left turn refuge/acceleration was required in the area and that, for public safety, the lane should be constructed prior to the proposed triplex. Tesilmony of Ms. Haugen. CONCLUSIONS Auburn City Code 18.64.040 provides criteria for review for CUP applications. A CUP application shall only be approved if the Applicant can demonstrate that: 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 are than would any use generally permitted in the district. Ordinance No. 6021 April 26, 2006 Page 6 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of ACC Title 18. 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. 6. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 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 proposed triplex would be located on a principal arterial in an area of similar multi-family structures and mobile homes. A triplex is a permitted use within the R-3 zone upon issuance of a CUP. It would generate only one additional dwelling unit as compared to a duplex, an outright permitted use. As imposed herein, conditions of approval would ensure that the proposed triplex would not adversely affect the public safety. These conditions would provide a safe method for traffic entering and exiting the triplex could do so safely. The proposed triplex is designed to provide open space and off-street parking. Findings of Fact Nos. 1, 3- 6, 10- 13, 15-18. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The proposed use is consistent with the City's Comprehensive Plan land use designation for the site - Moderate Density Residential. The goals, objectives, and policies of the Comprehensive Plan are supported by the proposal. Findings of Fact Nos. 4, 8, and 9. 3. The proposal complies with all requirements of ACC Title 18. Required lot size, width, setbacks, building height, landscaping, signage, and parking are in compliance with ACC 18.14. Findings of Fact Nos. 4- 7, 11, 13-14, and 20. Ordinance No. 6021 April 26, 2006 Page 7 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 Applicant designed the proposed triplex to be compatible with duplexes, town homes, and single-family residences within the surrounding community. The triplex would provide for adequate transition between residential neighborhoods of varying densities. Landscaping would further enhance the site. Findings of Fact Nos. 3, 7, 10, and 13. 5. The proposal will not adversely affect the public infrastructure. Conditions of approval would provide for development of public storm drainage facilities to manage stormwater quantity and water quality impacts. The project would connect to City sewer and water. All infrastructure improvements would be constructed to City of Auburn standards. Conditions of approval would require the Applicant to participate in their fair share of the cost for a left turn refuge/acceleration lane. Although the Applicant argues that they are paying for traffic problems that they did not create, the Applicant's own Traffic Study demonstrated that additional vehicles would be exiting/entering the subject property and that these vehicles would create additional volume and safety hazards. Findings of Fact Nos. 12, 16, and 17. 6. The proposal will not cause or create a public nuisance. No concerns were presented at hearing or through exhibits that approval would cause or create a public nuisance. The Applicant proposed a residential use within an area surrounded by residential uses. RECOMMENDA TION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the Auburn City Council APPROVE the Applicant's request for a Conditional Use Permit to construct a multi-family triplex on property located at the intersection of 4017 Auburn Way South, subject to the following conditions: 1. Public storm drainage facilities shall be constructed to City of Auburn standards. The storm drainage facilities shall adequately manage the stormwater impact in regards to both quantity and quality for the proposed public street improvements associated with the project. Storm Ordinance No. 6021 April 26, 2006 Page 8 drainage from public street improvements shall not be allowed to drain into any private storm drainage facilities. 2. Per ACC 18.50.030(E), the final landscape plan shall identify all '''Significant Trees". The Applicant shall preserve all significant trees located within the portions of the subject property not proposed for development. The landscape buffer shall be augmented with a variety of native, drought-resistant shrubs and/or trees. 3. Prior to issuance of a building permit for the project, the Applicant shall provide a financial guarantee to construct the project's portion of the center refuge lane on Auburn Way South. 4. Until such time as the center refuge lane on Auburn Way South has been constructed, the Applicant shall install a sign at the driveway exiting the site stating: NO LEFT TURN, 7 AM - 8 AM and 4 PM to 5:30 PM, Monday to Friday. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. Purpose. The above-cited Hearing Examiner's Findings of Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a triplex within an R3 Duplex Residential Zone at 4017 Auburn Way South identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, State of Washington. Ordinance No. 6021 April 26, 2006 Page 9 Section 3. 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 4. Recordina. 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 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6021 April 26, 2006 Page 10 Section 6. 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: A PETER B. LEWIS, MAYOR ATTEST: 4)auD/~ Dar1telle E. Daskam City Clerk PUBLISHED: m~) '5 I -ze~ Ordinance No. 6021 April 26, 2006 Page 11 MAY 1 2006 MAY 1 2006 ~~1 70~ " EXHIBIT "A" . S' LEGAL DESCRIPTION OF PROPERTY :: . , ~ ':-. ..,l'iptiell: .r-a:r.1 A That ,0$00 of the soutb~Cst qwuter of the souiheut q\Wter of Section 2), T~~p 21 NOEth. R~ge 5 East,' W. M., in I<.ing County W~gton, desgibedasfoJ1(i)ws: C~m.9.iQg . ~'inteJscction of ~ south line of said sWl.dWisiOll with the soudJerly nwgin of . .EnQllld3w lfigkWa.y; .. thence northwesterly, along said SQutbcdy margin a disW1~ 214 feet to the TRUE POINT OF BEGlNNlNG of the i.ta4t oflaOd h<<eindesoribed; .' .-> . .' ~ ~ui.n.s~ alOll8said higbway ma(gin to a point whiGh is 9() feet and 4 inohe.$ ~~ (as ~ alODg said.highway) ft_ its in~en'with the west line of said soutlleast qwu;ter; . thence southwest~y in a stJ;oight line to an intersection with the west line of said subdivision at a pomt, 137 feet south ofthc ~westedy ~ of ~d ~ ~eacc soutb.<:dy al~& the west ~ q.ftbe ~ quartu' of said.~~. to thesoutbwest CQ.mer . . of said .subdivision; th~oe ~oflheastetiy in a stmight line to ~ TRUE POINT OF 'EOINNING.