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1 Y TilE D1VI;;I;JN 01 ORDINANCE NO. 4 2 9 0
C 0 R D S & Ei ECTI0) I,S
2 KIMG CO N i f
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL
3 USE PERMIT TO ALLOW THE CONSTRUCTION OF SIXTEEN MULTI -FAMILY UNITS
ON PROPERTY ZONED C-3 AND LOCATED ON THE SOUTHWEST CORNER OF
4 37TH AND "I" STREETS N.E., WITHIN THE CITY OF AUBURN, WASHINGTON.
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21 10 08 AM '88
88: '07 -,'21
RECD F
WHEREAS, Application Number 14-88, dated April 25, 1988, together
with site plans therefore, has been submitted to the City of Auburn,
Washington, by RONALD F. KAUFMAN, requesting a Conditional Use Permit to allow
the construction of sixteen (16) multi -family units on property located on the
southwest corner of 37th and "I" Street S.E., within the City of Auburn,
Washington, hereinafter described in Section 2 of this 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 City
Hall, on May 18, 1988, at 7:30 P.M., at the conclusion of which the
Hearing Examiner recommended approval of the issuance of a Conditional Use
Permit to allow the construction of sixteen (16) multi -family units based upon
the following Findings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The applicant, Ron Kaufman, requests a Conditional Use Permit to allow the
construction of 16 multiple family apartment units.
2. The subject.site is located at the southwest corner of 37th and "I"
Streets N.E. and is currently zoned C-3 (Heavy Commercial). The site is
currently vacant and is designated as heavy commercial in the
Comprehensive Plan.
3. Surrounding zoning and land uses in the vicinity include R-4, Multi -
Family, to the north; C-3, commercial/vacant, to the south; R-MHP, mobile
home park, to the east; and C-3, commercial, to the west.
4. The applicant proposes to construct a total of 16 multiple family units on
the subject property which is 26,875 sq. ft. in size. The number of units
proposed would require a minimum lot size of 19,200 sq. ft.
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Ordinance No. 4290
Page One
6/14/88
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5. Multiple family units are permitted in a heavy commercial district zone
provided that the applicant can establish the necessary requirements for a
conditional use permit. In addition, each apartment structure in a C-3
zone is required to have 12,000 sq. ft. of lot for each dwelling unit.
6. The evidence establishes that the site has access to 37th Street N.E.
which is designated as an existing arterial and is provided access from
"I" Street N.E. which is designated as a planned arterial.
7. 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 Zoning Ordinance at Section 18.64.040 sets forth a series of criteria
which must be established prior to the time that the undersigned can
recommend approval of a conditional use permit.
2. The applicant for a conditional use permit must establish that the use as
proposed will have no more of an 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.
A high density multi -family residential development will not have any
adverse effects as set forth in the Zoning Ordinance. Specifically the
high density residential and commercial character of the area is already
developed and there are sufficient conditions imposed through the
Mitigated Determination of Non -Significance to mitigate the impacts of the
proposed development.
3. Further, the applicant must establish that the proposal is in accordance
with the goals, policies, and objectives of the Comprehensive Plan. This
criteria is established by the evidence since the proposal is consistent
with the Comprehensive Plan.
4. The applicant must also establish that the proposal complies with all
requirements of the Zoning Ordinance. This criteria is established by the
evidence.
5. Further, the proposal must be able to be constructed and maintained so as
to be harmonious in design, character, and appearance with the existing or
intended character of the general vicinity. This criteria is established
by the evidence particularly considering the additional landscaping re-
quirements imposed through the Mitigated Determination of Non -Signifi-
cance which will provide additional buffering between adjacent uses in the
vicinity. Further, the applicant must establish that the proposal will
not adversely affect the public infrastructure. The requirements imposed
through the Mitigated Determination of Non -Significance establish this
criteria.
For each of the above referenced reasons, the recommendation of the
Hearing Examiner to the Auburn City Council on this application for a
Conditional Use Permit is approved and affirmed.
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Ordinance No. 4290
Page Two
6/14/88
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,. DO
ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings of Fact and
Conclusions, are herewith incorporated in this Ordinance.
Section 2. A Conditional Use Permit to allow for the construction of six-
teen (16) multi -family units on property zoned C-3 (Heavy Commercial), situate
in the City of Auburn, County of King, State of Washington, and legally
described as follows, to -wit:
That por of Lots 1 and 2 of City of Auburn Short Plat No.
SP-35-78 as recorded December 20, 1978 under Recording No.
7812200450, described as follows: Beg at the NE cor of sd
Lot 2; th S 89-16-23 W alg the N In of sd lot 125.00 ft; th
S 0-51-28 E pllw the E In of sd Lots 215.00 ft; th N
89-16-23- E 125.00 ft to the E In of sd Lot 1; th N 0-51-28
W 215.00 ft to the TPOB. (Also being known as Lot B of City
of Auburn Lot Line Adjustment No. LLA-18-86 as recorded
under Recording No. 8612101180.)
Section 3. Construction of the proposed development shall be consistent
with the site plan as submitted and shall be consistent with the Zoning,
Building and Fire Codes, and the requirements of the Public Works Department.
Section 4. Upon the passage, approval and publication of this Ordinance
as provided by law the Legal Department for the City of Auburn shall cause
this Ordinance to be recorded in the office of the King County Auditor.
Section 5. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
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Ordinance No. 4290
Page Three
6/14/88
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Section 6. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: JUNE 20, 1988
PASSED: JUNE 20, 1988
APPROVED: JUNE 20, 1988
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
rguerite Schellentrager, City Attorney
PUBLISHED: JUNE 26, 1988
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Ordinance No. 4290
Page Four of four
6/14/88
xj /
M A Y 4 R
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4290 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4290 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 20th day of June A.D., 1988.
I further certify that said Ordinance No. 4290 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 26th day of June A.D.,
1988.
Witness my hand and the official seal of the City of
Auburn this 17th day of January A.D., 1989.
City Clerk of the City of Auburn