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NNest M9g001 ORDINANCE NO. 4 4 1 5
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF AUBURN
WAY SOUTH IN THE 4000 BLOCK, WITHIN THE CITY OF AUBURN,
WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-
MHP (MOBILE HOME PARK) TO R-3 (DUPLEX) AND A CONDITIONAL USE
PERMIT FOR FIVE 4-PLEXES.
WHEREAS, Application Nos. REZ0013-89 and CUP0008-89 have
been submitted to the Council of the City of Auburn,
Washington, by WILDWOOD INCOME PROPERTY, requesting the
rezoning of the real property hereinafter described in Section
2 of the Ordinance, and a conditional use permit to be issued
for the development of five 4-plexes which application was
dated December 4, 1989; 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 January 16, 1990, at the
conclusion of which the Hearing Examiner recommended the
approval of the rezoning of said property and a conditional
use permit to be issued for the development of five 4-plexes,
based upon the following Findings of Fact and Conclusions, to -
wit:
W100 ONN
_____ 9O.:'n-:'2 ' 41004
Ordinance No 441534 � 8VW REC D P i i ° _1,j
February 15, 1990
Page 1 s�:t=iSH`_=,L '►�:�:s.1.? ° Cst i
'Ava S111101A1303u'
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FINDINGS OF FACT
1. The applicant, Wildwood Income Property, applies for
a rezone and a conditional use permit. The proposal
is to rezone the subject property from R-MHP to R-3
and to permit a conditional use permit to be issued
for the development of five 4-plexes.
2. The subject property, which is 3.1 acres in size, is
located on the north side of Auburn Way South in the
4000 block and is currently vacant. The subject
site is designated for moderate density residential
uses in the Comprehensive Plan.
3. There is a mobile home park existing to the south of
the subject site while land in all other directions
is currently vacant.
4. This proposal is part of a larger development
recently approved by the City. The larger
development, consisting of 122 units, is delineated
as Phase I of the project and the proposal in this
application for 20 units is designated Phase II.
5. The original proposal anticipated the development of
a mobile home park on the site. However the site
ultimately turned out to be too small to allow such
a development. Therefore, this proposal has been
submitted.
6. The R-3 (Duplex) zone requires 3600 square feet of
land per dwelling unit. No more than 4 dwelling
units per structure are permitted.
7. The proposal has sufficient square footage for the
required 20 units in that 72,000 square feet are
required and 82,764 square feet are provided. In
addition, there are approximately 1.2 acres on the
site which are on a steep slope which is
undevelopable. The applicant has not included the
steep slope in the calculations.
8. There are a number of large and significant trees on
the property which should be retained if possible.
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Ordinance No. 4415
February 15, 1990
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9. 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 requirements for approval of a conditional use
permit are set forth in Section 18.64.040 of the
Zoning Code. Specifically, the use can have no more
of an adverse effect on the health, safety or
comfort of persons living or working in the area
than can any use permitted outright in the district.
This criteria is established by the evidence since
the use is very compatible with the proposed
multiple family use to the west and the existing
mobile home park to the south. Access to the Phase
II portion of the site is being provided via an
improved Auburn Way South and through Phase I of the
site.
2. The proposal must comply with the goals of the
Comprehensive Plan. This criteria is established by
the evidence.
3. Further, the proposal must comply with the Zoning
Ordinance. This criteria is established by the
evidence.
4. Finally, the applicant must establish that 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 and no adverse
effect on the public infrastructure must be
anticipated. These criteria are established by the
proposal.
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Ordinance No. 4415
February 15, 1990
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For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on the requested rezone and issuance of a conditional
use permit is approved.
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. The legal description in attached Exhibit A
of property located on the north side of Auburn Way South in
the 4000 block, situate in the City of Auburn, County of King,
State of Washington, is hereby rezoned from R-MHP (Mobile Home
Park) to R-3 (Duplex) and to permit the issuance of a
Conditional Use Permit for the development of five 4-plexes.
Section 3. The construction of the project shall be
consistent with the site plan and shall provide for access
through Phase I of the development. The previously approved
site plan of Phase I may be amended to reflect the access to
Phase II.
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Ordinance No. 4415
February 15, 1990
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Section 4. Minor adjustments may be made to the site
plan to reflect any refinements necessary to comply with the
City's Code and Ordinances.
Section 5. A land clearing permit is required and shall
reflect the desire to retain as many of the trees as possible.
Section 6. 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, Division of Records and
Elections.
Section 7. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 8. 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. 4415
February 15, 1990
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INTRODUCED: C ,, • QD, 9C
PASSED: C;?�' 11�-o' 961),
APPROVED.— ��)
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Marguerite Schellentrager,
City Attorney
PUBLISHED: 12- /- % U
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Ordinance No. 4415
February 15, 1990
Page 6
M A Y O R
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�- OESC'RI1P770N OF PROPERTY
AUBURN WAY APARTMENTS - PHASE 2
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 21, TOWNSHIP .21 NORTH, RANGE 5 EAST, W.M.. IN KING COUNTY.
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP
21 NORTH. RANGE 5 EAST, W.M.. IN KING COUNTY, WASHINGTON;
THENCE NORTH 1 DEGREES 12'8" EAST ALONG THEAK ST LINE OF SAID
SUBDIVISION 450 FEET;
THENCE SOUTH 51 DEGREES 46100" EAST 751.58 FEET TO THE SOUTH LINE
OF SAID SUBDIVISION;
THENCE NORTH 88 DEGREES 32'44" WEST ALONG THE SOUTH LINE 600 FEET
TO THE POINT OF BEGINNING;
ALSO KNOWN AS LOT 1. AUBURN SHORT PLAT NUMBER SP-6-76. RECORDED
UNDER RECORDING NUMBER 7606080776; BEING A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF *SECTION
TOWNSHIP 21 NORTH. RANGE 5 EAST. WILLAMETTE MERIDIAN, INKINGCOUNTY. WASHINGTON.
(THIS LEGAL DESCRIPTION IS IDENTICAL TO THAT CONTAINED IN CHICAGO
TITLE INSURANCE COMPANY ORDER NO 160103. DATED MAY 8, 1989. EXCEPT
AS NOTED BELOW.)
*THIS WORD WAS CHANGED FROM THE ORIGINAL TITLE REPORT WHICH
ERRONEOUSLY HAD THE WORD "SOUTH" IN THIS PLACE.
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Ordinance No. 4415
Exhibit "A"
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. 4415 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4415 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 20th day of Feburary A.D., 1990.
I further certify that said Ordinance No. 4415 was
published as -,provided by law in the Valley Daily News, a
daily newspaper",publ shed in the City of Auburn, and of
general circulation therein, on the 1st day of March, A.D.,
1990.
Witness my hand and the official seal of the City of
Auburn this July 19, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000