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HomeMy WebLinkAbout4297/T 11 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 27 28 29 30 31 32 RECD F l �l er; CA H`L lr 1 AUG 301 ORDINANCE NO. 4 2 9 7 #071 r, 8.00 11 AN ORDINANCP,-q ,.T1E i -f ITY'OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A ONE HUNDRED FORTY-EIGHT UNIT APARTMENT COMPLEX ON PROPERTY ZONED C-3 AND LOCATED ON THE EAST SIDE OF "A" STREET SOUTHEAST IN THE 1800-1900 BLOCKS, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application Number 21-88, dated May 27, 1988, together with site plans therefore, has been submitted to the City of Auburn, Washington, by PACIFIC VENTURES, INC., requesting a Conditional Use Permit to allow the construction of a one hundred forty-eight (148) unit apartment complex on property located on the east side of "A" Street in the 1800-1900 blocks, 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 July 5, 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 a one hundred forty-eight (148) unit apartment complex based upon the following Findings of Fact and Conclusions, to -wit: FINDINGS OF FACT 1. The applicant, Pacific Ventures, Inc., seeks a Conditional Use Permit to allow the development of a 148 unit apartment complex. 2. The subject property is located on the east side of "A" Street S.E. in the 1800-1900 blocks. The subject site is currently zoned C-3, Heavy Commercial District, and is vacant. The site is 243,936 sq. ft. in size. 3. The Comprehensive Plan designates the subject site as commercial. Existing zoning and land uses in the vicinity include C-3, Mini Storage, to the north; C-3, Single Family Home, to the south; R-3, Duplexes, to the east; and M-1, vacant, to the west. The adjacent land to the north and south is designated commercial by the Comprehensive Plan while land in the vicinity east of the site is designated residential and land to the west is designated industrial. --------------------- Ordinance No. 4297 Page One 7/12/88 CD C Chi C �i U0 1 2 0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4. The heavy commercial zone permits the construction of multi -family buildings if the requirements of a conditional use permit are established. 5. The zoning requires a minimum of 1200 square feet per lot area per each dwelling unit. Accordingly, the 148 units proposed require 177,600 sq. ft. of lot area. The size of the site is adequate for the proposed use. 6. The proposal is located on "A" Street S.E.. This street is a 5 lane major arterial. 7. At the time of the public hearing concern was expressed with respect to the overdevelopment of multiple family units within the City of Auburn. Residents were concerned with excessive traffic and problems with theft and vandalism. 8. 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 Auburn Zoning Code sets forth a series of criteria which must be established before a conditional use permit can be granted. 2. The first of these criteria is that the proposed use will have no more of an adverse affect on the health, safety, or comfort of persons living or working in the area than would any use generally permitted in the district. The evidence establishes that uses which are permitted outright within the C-3 zone would have a substantially greater impact than would multiple family development. This criteria is established by the evidence. 3. The applicant must further establish that the proposal complies with the goals, policies, and objectives of the Comprehensive Plan. Although the site is designated commercial by the Comprehensive Plan, the Plan contains goals and policies with respect to the location of higher density multi -family development which are in compliance with the develop- ment as proposed in the subject location. 4. Further, the applicant must establish that the proposal complies with all requirements of the Zoning Ordinance and that the proposal can be constructed and maintained so as to be harmonious with the general vici- nity. This criteria is established by the evidence. 5. Finally, the applicant must establish that the proposal will not adversely affect the public infrastructure. This criteria is established by the evidence since the proposal is served by a major arterial. 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. -------------------- Ordinance No. 4297 Page Two 7/12/88 0 0 M G� U0 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 27 28 29 30 31 32 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 a one hundred forty-eight (148) unit apartment complex 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: Lot 3 of Short Plat No. SP-10-79 recorded under Auditor's File No. 7905180416, being a portion of GL 3 in Sec 19, Twp 21 N, R 5 EWM, King County, WA., Except that por thof now platted as McHugh's Second Addition according to the plat thof recorded in Vol 134 of Plats, pages 41 and 42, sd plat being the south 300 ft of sd Lot 3, situated in City of Auburn, County of King, State of Washington. 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. A landscape plan, prepared in accordance with Chapter 18.50 of the Zoning Ordinance, to be submitted as part of the building permit applica- tion. Section 5. 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 6. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. ---------------------- Ordinance No. 4297 Page Three 7/12/88 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 27 28 29 30 31 32 Section 7. 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: JULY 18, 1988 PASSED: JULY 18, 1988 APPROVED: JULY 18, 1988 ATTEST: d 1,J1 � ) /,/)d / i ,,, 7 A - Robin Woh hueter, i y Clerk APPROVED AS TO FORM: rguetite Schellentrager, City Attorney PUBLISHED: JULY 28, 1988 --------------------- Ordinance No. 4297 Page Four of four 7/12/88 MAYOR 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. 4297 of the ordinances of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4297 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of July A.D., 1988. I further certify that said Ordinance No. 4297 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 28th day of July A.D., 1988. Witness my hand and the official seal of the City of Auburn this 23rd day of November A.D., 1988. City Clerk of the City of Auburn