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Std ��O
ORDINANCE NO. 4 3 0 8
IN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL
USE PERMIT TO IMPLEMENT THE CONCEPTUAL CONDITIONAL USE PERMIT PREVIOUSLY
APPROVED BY ORDINANCE NO. 4114 TO ALLOW CONSTRUCTION OF 302 MULTI-
FAMILY UNITS ON PROPERTY LOCATED SOUTHWEST OF 15TH STREET N.W.
EXTENDING SOUTH TO SOUTH 320TH STREET LYING EAST OF 60TH AVENUE
SOUTH, WITHIN THE CITY OF AUBURN, WASHINGTON.
i
WHEREAS, Application Number 24-88, dated May 31, 1988, together
with site plans therefore, has been submitted to the City of Auburn,
Jashington, by PRIMARK CORPORATION, requesting a Conditional Use Permit to
Implement the conceptual Conditional Use Permit previously approved under
)rdinance No. 4114, passed March 3, 1986, to allow construction of 302 multi-
`amily units on property located southwest of 15th Street Northwest, extending
south to South 320th Street lying east of 60th Avenue South, with the City of
luburn, Washington, hereinafter described in Exhibit A, attached to this
)rdinance and incorporated by reference herein; and
WHEREAS, the Hearing Examiner based upon staff review, held public
learings to consider said petition in the Council Chambers of the Auburn City
fall, on June 21, 1988, and July 25, 1988, at 3:30 P.M., at the conclusion of
ihich the Hearing Examiner recommended approval of the Conditional Use Permit
implementing the conceptual Conditional Use Permit; and
WHEREAS, the City Council held a de novo public hearing to consider the
•equest of PRIMARK CORPORATION in the City Council Chambers on Tuesday,
;eptember 6, 1988, at the conclusion of which the City Council voted to
ipprove the Conditional Use Permit;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
)RDAIN AS FOLLOWS:
HEARING
This matter came before a regularly scheduled public hearing of the City
Council on August 15, 1988. At that hearing, the City Council decided to
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)rdinance No. 4308
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'schedule the issue for a de novo public hearing before the City Council and
the hearing was scheduled for September 6, 1988. At the hearing before the
City Council on September 6, 1988, many of the residents adjoining the subject
property were present. Alva Long, an attorney, was present representing
Gertrude Jones, a resident. Evidence and testimony was presented by City
staff, the residents, Mr. Long, and representatives of the applicant.
In consideration of the evidence and testimony and in consideration of the
comprehensive files and records in this matter, including the mitigating
measures contained in the final Environmental Impact Statement prepared on the
site issued on April 3, 1981, and the conditions contained in Ordinance No.
4114, passed by the City Council on March 3, 1986, the City Council now makes
the following:
FINDINGS OF FACT
1, The applicant proposes a Conditional Use Permit for the development of
multiple family housing located in the vicinity southwest of 15th Street
N.W. and South 320th Street lying east of 60th Avenue South. The proposal
is to allow construction of 302 apartment units.
I2. A final Environmental Impact Statement was issued in 1981 pursuant to a
Conditional Use Permit approved for the site in 1981. The EIS evaluated
a proposal for development of 433 attached units and 7 detached units. The
EIS contained specific mitigating measures as follows:
1. Construction of Mountain View Terrace Drive within the project site,
a four lane improvement, 4900 feet in length, with capacity at 25,060
adt.
2. Signalization of the intersection of West Valley Highway and 15th
Street N.W. and improvement of 15th Street N.W. from the West Valley
Highway west to the project site (4 lane improvement 1,320 feet in
length).
3. Improvement of 316th Street South from the project site west to 56th
Avenue South (4 lane improvement, 1,320 feet in length).
The current proposal is for 302 attached multi -family units. The proposal
in 1981 upon which a Conditional Use Permit was approved, provided for 433
attached units and 7 detached units. The conceptual Conditional Use Permit
approved by Ordinance No. 4114 in March, 1986, provided for 338 attached
units.
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Ordinance No. 4308
Page Two
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3. The applicant's successor has previously received approval in March of
1986 for a conceptual Conditional Use Permit for a subsequent land use of
attached multiple family residential housing as part of a surface mining
operation. Pursuant to Ordinance No. 4114, which was a conceptual
Conditional Use Permit, the applicant was required to prepare a detailed
Conditional Use Permit application including a more detailed site plan,
prior to construction of the attached residential housing. Conclusion No-.
3, of Ordinance No. 4114, concluded that the site plan [submitted in 19861
met the requirements needed to establish subsequent land use but did not
meet the requirements of a Conditional Use Permit.
4. Ordinance No. 4114, Section 8, required the applicant to prepare a more
detailed plan to meet the requirements of the Zoning, Building and Fire
Codes, for issuance of a Conditional Use Permit.
5. Ordinance No. 4114, Section 7, provided that the conceptual Conditional
Use Permit would expire 18 months from the date of completion of the
mining activity. The mining activity has not yet ceased and the concep-
tual Conditional Use Permit is still in effect. The previously approved
mining permit was for a five year period from 1981 to 1986. Since the
mining operations had not been completed in 1986, another five year permit
was issued pursuant to Ordinance NO. 4113. The conceptual Conditional Use
Permit, Ordinance No. 4114, was issued as part of the surface mining per-
mit, because the Zoning Code required that subsequent land use be deter-
mined as a condition of the surface mining permit.
6. Ordinance No. 4114 required the applicant to prepare a study with
respect to traffic, signalization of the intersection of the West Valley
Highway and 15th St. N.W., improvements to 15th St. N.W., and adequate uti'7
lities and park land.
7. A traffic study was prepared by Urban Regional Research on May 31, 1988.
The traffic study indicates that 1840 daily trips will be generated by the
proposal with a total of 6,775 trips using the arterial to be known as
Terrace Drive. The traffic study recommends that the arterial be
constructed to a width of 44 feet striped with two uphill lanes and one
lane downhill.
8. In 1987, both the Zoning Code, Title 18, and the Area Zoning Map were
amended. In adopting a new Area Zoning Map (Ordinance No. 4230) and in
amending Title 18 (Ordinance No. 4229), the City specifically excepted
from operation of the new map and code .. all conditions or contracts
established through previous land use actions ..."
9. The evidence at the public hearing before the City Council on September 6,
1988 shows that the current proposed development complies with the con-
ditions imposed by Ordinance No. 4114 as follows:
1. a traffic study has been prepared
2. the applicant has provided more detail as to the
site plan
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Ordinance No. 4308
Page Three
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3. the development will comply with the requirements
of current Building, Fire and Zoning Codes
4. the development will comply with the mitigating conditions
required by the EIS as to traffic, parks
5. utilities are available to serve the subject site,
6. the traffic signal at the intersection of 15th St. N.W.
and West Valley Highway is in the process of being con-
structed.
Based on the foregoing FINDINGS OF FACT, the City Council now makes the
following:
CONCLUSIONS
1. The construction of the arterial as proposed and the attached residential
housing were approved in concept in 1981 and in 1986. Accordingly, the
scope of review by the City Council concerning this application is limited
to the type of improvements required for the arterial, the siting of the
attached residential housing, adequacy and location of park lands, and the
provision of adequate utilities as required and specified in Ordinance No.
4114. In addition, the development must be in compliance with current
Building, Fire and Zoning codes.
2. The Ordinance does not prohibit more than 40 units being applied for as
the phasing anticipated by the ordinance was primarily to ensure that ade-
quate utilities were being provided for the development. Since the utili-
ties have been provided and because the light at the intersection of 15th
Street N.W. and West Valley Highway is under construction there is no need
to require that the development be applied for in phases. In any event,
even if the City were to require the applicant to obtain separate con-
ditional use permits for each 40 units, the entire project could be
constructed at the same time once all conditional use permits and other
required permits were obtained.
3. Water and sanitary sewer are available to serve the subject site.
4. Ordinance No. 4114 required the provision of park land and open space for
residents of the development. The applicant proposes to provide 142,100
sq. ft. of park area consisting of sport courts, hiking trails, recreation
building and other facilities. These facilities are sufficient to meet
the recreational needs of residents of the development.
5. The previous permits approved in 1981 and 1986 respectively, constitute
previous land use actions exempt from the effect of the new Area Zoning
Map and the Zoning Code amendments, as to the use of the property. How-
ever, the development must be in compliance with current Building, Fire
and Zoning Codes.
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Ordinance No. 4308
Page Four
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6. The conceptual Conditional Use Permit approved in 1986, has not expired
and the applicant's rights in that permit are vested. Section 11 of
Ordinance No. 4114, specifically provided that the provisions of the
Ordinance would be binding on the heirs and successors of the property.
The applicant herein is bound by the requirements of the conceptual
Conditional Use Permit, Ordinance No. 4114.
7. There was no evidence presented at the September 6, 1988 City Council
hearing to warrant further environmental review of the current proposal
nor the imposition of anymore mitigating conditions. The EIS completed in
1981 is valid and appropriate to the current proposal. The current deve-
lopment involves fewer multi -family units and less environmental impact
then was analyzed in the final EIS issued in 1981.
Based on the foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW, the City
Council hereby makes the following:
ORDER
Section 1. A Conditional Use Permit implementing the conceptual
Conditional Use Permit approved b 11 y Ordinance 0 a ce N o. 4 4 is approved to allow for
the construction of 302 multi -family units on property located at 15th Street
Northwest extending south to South 320th Street lying east of 60th Avenue
South, situate in the City of Auburn, County of King, State of Washington, and
legally described in Exhibit A, attached to and incorporated by reference
herein.
Section 2. The dedication and construction of the arterial be completed
prior to the occupancy of any unit associated with this permit.
Section 3. The arterial be constructed to the standards required of a 60
foot wide arterial, which will include a 44 foot pavement width, curb, gutter,
sidewalk and street lights on both sides, and the arterial shall be striped
for two uphill lanes and one downhill lane.
Section 4. 316th from the intersection of "W" Street N.W. and 316th west
to 56th Avenue be paved to a width of 36 feet and be constructed to the stan-
dards required of the City Engineer with specific regard to grade and sight
distance.
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Ordinance No. 4308
Page Five
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Section 5. The park land and recreation facilities as illustrated on the
site plan shall be constructed by the proponent and shall be complete prior to
occupancy of any dwelling unit associated with this permit. The park land and
recreation facilities shall not be lessened and shall be maintained by the
ownership of this development.
Section 9. Construction of this project must commence within 18 months
of the completion of the mining approved in the 1986 permit or this
Conditional Use Permit shall be void.
Section 10. Upon its effectiveness, the provisions of this Ordinance
shall be binding upon the owners, their heirs, successors and assigns.
Section 11. 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 12. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 13. 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: SEPTEMBER 19, 1988
PASSED: SEPTEMBER 19, 1988
APPROVED: EPTEMBE , 1988
ATTES
M A Y OY
;
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM: R�
rguerit'e Schellentrage'r, City Attorney
PUBLISHED: SEPTEMBER 29, 1988
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Ordinance No. 4308
Page Six of Six
9/13/88
N. L. T. A. COMMITMENT
SCHEDULE A
(Continued)
Our No. 12,02
-11
Your No. --
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THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION lit TOWNSHIP 21 NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, SITUATE IN THE CITY OF AUBURN, IN KING
COUNTY, WASHINGTON$
EXCEPT THE FOLLOWING PROPOSED DIVISIONS OF THE APPROVED PRELIMINARY PLATS
OF WEST BEVERLY HILL.
J
DIVISION 1
COMMENCING AT THE SOUTHWEST CORNER OF THE WEST HALF OF'SAID SOUTHEAST
Lf) QUARTER OF SECTION lit
U-) THENCE ALONG SAID WEST LINE THEREOF NORTH 01 DEGREE 11'50" EAST 1320.17
0 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SUBDIVISION;
— THENCE SOUTH 89 DEGREES 51'54" EAST 21.97 FEET TO A POINT OF CURVATURE,
SAID CURVE BEING CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID
�p POINT BEARS NORTH 00 DEGREE 08'06" EAST);
co THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF
200.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 35'37", AN ARC DISTANCE OF
228.98 FEET;
THENCE RADIAL TO THE PRECEDING CURVE SOUTH 65 DEGREES 44'03" WEST 30.00
FEET;
THENCE SOUTH 24 DEGREES 15'57" EAST 868.65 FEET;
THENCE PARALLEL WITH THE WEST LINE OF THE WEST HALF OF SOUTHEAST QUARTER
OF SECTION 11 SOUTH 01 DEGREE tl'50" WEST 395.69 FEET TO A POINT ON THE
SOUTH LINE OF SAID WEST HALF AND 527.79 FEET EAST OF THE SOUTHWEST CORNER
OF SAID WEST HALF;
THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 46'25" WEST 552.79 FEET TO
THE POINT OF BEGINNING.
DIVISION 2
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SOUTHEAST
QUARTER OF SAID SECTION lit
THENCE ALONG WEST LINE THEREOF NORTH 01 DEGREES 11'50" EAST 1025.17 FEET$
THENCE SOUTH 88 DEGREES 48'10" EAST 230.00 FEET$
THENCE PARALLEL TO SAID'WEST LINE SOUTH 01 DEGREES 11'50" WEST 1119.13
FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST -(A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 63 DEGREES 52'03" EAST);
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 230.00
FEET AND A CENTRAL ANGLE OF 01 DEGREES 52'00" AN ARC DISTANCE OF 7.49
FEET.TO THE POINT OF CURVATURE;
THENCE RADIAL TO THE PRECEDING CURVE SOUTH 65 DEGREES 44'03" WEST 30.00
FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST (A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 65 DEGREES 44'03" EAST)$
PAGE 2
C
00
A. L. T. A. COMMITMENT
SCHEDULE A
(Continued)
Our No. 129729
Your No.
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 35'57", AN ARC DISTANCE OF 228.98
FEETi
THENCE TANGENT TO THE PRECEDING CURVE NORTH 89 DEGREES 51'54" WEST 21.97
FEET TO THE POINT OF BEGINNING.
DIVISION 3
COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST
QUARTER OF SECTION Ili
THENCE ALONG THE EAST LINE THEREOF SOUTH 01 DEGREE 11'28" WEST 862.07
FEETi
THENCE NORTH 88 DEGREES 48'32" WEST 247.14 FEETi
THENCE NORTH 67 DEGREES 01'20" WEST 60.00 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 67
DEGREES 01'20" EAST)i
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS 320.00
FEET AND A CENTRAL ANGLE OF 21 DEGREES 47'12", AN -ARC DISTANCE 121.68
FEETi
THENCE TANGENT TO THE PRECEDING CURVE AND PARALLEL WITH SAID EAST LINE
NORTH 01 DEGREES 11'28" EAST 520.00 FEET TO A POINT OF CURVATURE, SAID
CURVE BEING CONCAVE TO THE SOUTHEASTr
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF
230.00 FEET AND A CENTRAL ANGLE OF 59 DEGREES 16'07", AN ARC DISTANCE OF
237.92 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER AND
167.57 FEET WEST OF THE POINT OF BEGINNING (A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 29 DEGREES 32'25" WEST)s
THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 56'54" EAST 167.57 FEET TO
THE POINT OF BEGINNING.
0
PAGE 3
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. 4308 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4308 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 19th day of September A.D., 1988.
I further certify that said Ordinance No. 4308 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 29th day of September
A.D., 1988.
Witness my hand and the official seal of the City of
Auburn this 7th day of March A.D., 1989.
0byA� IAM6�'
City Clerk of the City of Auburn