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L89/f .?.r 1.)
i' CI.ER"' OFFICE REC D
' 3ilRN REC:FEE
ITY OF A"' ORSHSL
25 West Main QEC 12 9 22ibum
WA 98001
NANCE': NO,,.-), 3 8 0
AN ORDINANCE OF THE CITO CIF AUBURN, WASHINGTON, PRC
A REZONE TOGETHER WITH A CONDITIONAL USE PERMIT C
ZONED R-MHP (MOBILE HOME PARK) TO R-3 (DUPLEX)
CONSTRUCTION OF EIGHT 4-PLEXES TO BE BUILT ON 4.03
LOCATED ON THE NORTHEASTERLY SIDE OF AUBURN WAY SC
3900 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON.
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WHEREAS, Application No. CUP0004-89 and REZ0006-89 dated
August 9, 1989, together with site plans therefore, has been
submitted to the City of Auburn, Washington, by the
MUCKLESHOOT INDIAN TRIBE and SIMON DEVELOPMENT CO. INC., and
JOHN LEWIS, requesting a rezone from R-MHP ( Mobile Home Park)
to R-3 (Duplex) together with a Conditional Use Permit to
allow construction of eight 4-plexes on property located on
the northeasterly side of Auburn Way North in the 3900 block,
within the City of Auburn, Washington, 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 City Hall, on October 17, 1989, at the
conclusion of which the Hearing Examiner recommended the
approval of the rezone together with the issuance of a
Conditional Use Permit to allow construction of eight 4-plexes
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Ordinance No. 4380
November 14, 1989
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CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
Auburn, WA 98001
on property located on the northeasterly side of Auburn Way
south in the 3900 block, based upon the following Findings of
Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The applicant, Muckleshoot Indian Tribe through
their agents Stephen Demarest and Roger Blaylock
request a rezone from R-MHP to R-3 togetherwith a
Conditional Use Permit.
2. The proposal would allow the construction of eight
4-plexes and is part of a larger parcel which is all
under the same ownership. Currently the western
4.95 acres of the parcel is zoned R-4 (Multiple
Family) and the rezone/conditional use permit area
is the eastern portion of the site. The portion of
the site which is the subject of this application is
4.03 acres in size.
3. The applicants propose development of a 122 unit
multi -family development located on the entire
parcel. Under the applicant's proposal that portion
of the site already zoned R-4 is proposed to contain
90 units and the proposed rezone area will contain 8
4-plexes or a total of 32 units.
4. Surrounding zoning and land uses in the vicinity
include vacant land located within King County to
the north; R-3, Multi -Family, Commercial to the
south; RR, RMHP, Mobile Home Park and vacant to the
east; and R-4, vacant to the west. The City of
Auburn Comprehensive Plan designates the subject
site for moderate density residential uses. The
Comprehensive Plan designation could be implemented
by utilization of either mobile home park or R-3
(duplex) zoning.
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Ordinance No. 4380
November 14, 1989
Page 2
CfTY CL
RK'S OFFICE
CITY
F AUBURN
25 1
Vest Main
Aubutr
WA 98001
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5. The current mobile home park zoning exists as a
result of a rezone requested by a previous owner
during the 19601s.
6. The R-3 (Duplex) zone permits multiple family
structures provided that a conditional use permit is
issued and there must be 3600 square feet of land
per dwelling unit. In addition, there may be no
more than 4 dwelling units per structure.
7. A portion of the rezone and conditional use permit
site which is 1.3 acres in size is on a steep slope
which renders it undevelopable. The evidence
establishes that the applicant has not used the
steep slope as part of the density calculations.
8. The development as proposed containing 32 units thus
requires 115,200 square feet of land area (32 X
3600) and the evidence establishes that the
applicant has provided 118,920 square feet of
developable land.
9. The site will be accessed via Auburn Way South which
is a designated arterial but not yet developed to
full arterial standards. There is an elementary
school lying approximately 400 feet to the west of
the project and as a result of the location of the
school, the City of Auburn will grade the shoulder
of Auburn Way South from the west property line of
this proposal to the Chinook School.
10. The Zoning Code requires 1 parking space for each of
10 units to be set aside for recreational vehicles.
In addition, the Zoning Code requires the RV spaces
to be screened. The application shows the proper
number of RV spaces, however, the site plan does not
indicate screening.
11. At the time of the public hearing a revised site
plan was submitted as the original site plan had
indicated a maximum building height of 35 feet and
the highest permitted building height in both the R-
4 and R-3 zones is 30 feet. At the time of the
public hearing, the applicant's representative
indicated that the only change to the site plan was
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Ordinance No. 4380
November 14, 1989
Page 3
'CITY CLERK'S OFFICE
CITY PF AUBURN
25 est Main
Aubur WA 98001
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the building height. Staff did not have the
opportunity to carefully review the site plan at the
time of the public hearing, however, the Zoning Code
will require the building height to be limited to 30
feet.
12. The large significant trees on the property which
are numerous should be retained where possible.
13. Earlier this year the applicant requested rezone of
the entire parcel to R-4 (Multiple Family) which was
denied by the City Council.
14. There was no public testimony in connection with
this rezone and conditional use permit request.
15. 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 evidence establishes that the rezone, as
proposed, is consistent with the Comprehensive Plan.
2. Specifically the moderate density plan designation
provides for between 6-10 units per acre and the
subject proposal results in a density of less than 8
units per acre. The Comprehensive Plan requires two
accesses and two are provided. There are also 4
units per structure provided in compliance with the
Comprehensive Plan.
3. The criteria for a conditional use permit have also
been established by the facts of this application.
Specifically, the use will have no more of an
adverse effect on the health, safety, or comfort of
persons living or working in the area than would any
use generally permitted in the district. This use
will result in an integrated multiple family
development and improvement to Auburn Way South in
the vicinity of the development.
4. The proposal complies with the Comprehensive Plan as
set forth above.
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Ordinance No. 4380
November 14, 1989
Page 4
C'9
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74
M
iCITY LERK'S OFFICE
CIT OF AUBURN
21 West Main
Aubu n, WA 98001
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5. The proposal complies with the Zoning Ordinance
although the site plan will need to be revised to
screen the RV spaces and has been previously amended
to reflect the 30 foot building height limitation.
6. The four-plexes as proposed are consistent and
harmonious with the existing and intended character
of the vicinity.
7. There is no evidence by which it could be concluded
that the proposal would adversely affect the public
infrastructure.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Rezone and Conditional Use Permit to allow for
construction of eight 4-plexes to be built on 4.03 acres is
approved and affirmed upon the condition that the construction
shall be consistent with the amended site plan and shall
provide for the second access through the R-4 zoned parcel;
minor adjustments may be made to the site plan to reflect the
screened RV spaces, and a land clearing permit must be
obtained to retain as many of the trees as possible.
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.
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Ordinance No. 4380
November 14, 1989
Page 5
"ITY CL
RK'S OFFICE
CITY OF
AUBURN
25
est Main
Auburn
WA 88001
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Section 2. A Rezone from R-MPH (Mobile Home Park) to R-3
(Duplex) together with a Conditional Use Permit is hereby
approved subject to the condition specified herein, to allow
for construction of eight 4-plexes on 4.3 acres on property
located on the northeasterly side of Auburn Way South in the
3900 block, situate in the City of Auburn, County of King,
State of Washington, and legally described as follows:
The east 210 feet of the east half of the
southeast quarter of the southeast quarter
of Section 21, Range 5 East, Willamette
Meridian, in King County, Washington,
lying north of the Auburn -Enumclaw
Highway, except the west 132 feet thereof.
Section 3. The Conditional Use Permit is conditional
approval subject to the following conditions:
A. The construction of the project shall be consistent
with the amended site plan and shall provide for the
second access through the R-4 zoned parcel.
B. Minor adjustments may be made to the site plan to
reflect the screened RV spaces and any refinements
necessary to comply with the City's Code and
Ordinances.
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Ordinance No. 4380
November 14, 1989
Page 6
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CITY LERK'S OFFICE
CIT OF AUBURN
2E West Main
Aubu n, WA 98001
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C. A land clearing permit is required and shall reflect
the desire to retain as many of the trees as
possible.
Section 4. 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 S. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 6. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4380
November 14, 1989
Page 7
INTRODUCED: //-u- -() g
PASSED. /! " 0-1 d '0
APPROVED: C--�0., U /
"0
M A Y O R
y +CITY CLEMK'8 C)PPICg
CITY F AOURN
25 sst Main
Aubur WA 98001
1 ATTEST:
2
4 Robin Wohlhueter, City Clerk
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APPROVED AS TO FORM:
Marguerite Schellentrager,
9
City Attorney
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PUBLISHED:
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Ordinance No. 4380
November 14, 1989
Page 8
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. 4380 of the
ordinances'of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4380 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn,, on the the 20th day of November A.D., 1989.
I further ,certify that .1said Ordinance No 4380.' was
published 'a' provided, by slaw -,in the Valley ,Daily. News, a
daily newspaper,publshed in'the City of Auburn; and of
general circulation;_therein, on the 2'6th day of November,
A.D., 1989.
Witness my hand and the official seal of the City of
Auburn this March 21, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000