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CITY CLERK'S OFFICE ORDINANCE NO. 4 4 4 1
CITY OF AUBURN
25 West Main
uazNY*AAW?bF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 120 UNIT
APARTMENT LOCATED ON THE SOUTHWEST CORNER OF 35TH AND "I"
STREETS N.E., WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0005-90 dated April 10, 1990,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by PETER JOUFLAS, requesting a
Conditional Use Permit to allow construction of a 120 unit
apartment project located on the southwest corner of 35th and
"I" Street N.E., 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 May 22, 1990, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
construction of a 120 unit apartment project located on the
southwest corner of 35th and "I" Street N.E., based upon the
following Findings of Fact and Conclusions, to -wit:
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Ordinance No. 4441
June 12, 1990
Page 1
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FINDINGS OF FACT
1. The applicant, Peter Jouflas, through his agent, Charles
Morgan & Associates, applies for a Conditional Use Permit
to allow construction of a 120 unit apartment project.
2. The subject property is located on the southwest corner
of 35th and "I" Streets N.E. in the City of Auburn and is
148,620 square feet in size.
3. The subject property is zoned C-3 (Heavy Commercial) and
therefore pursuant to the Zoning Ordinance at Section
18.30.030(A) a conditional use permit is required before
multiple family residential uses can be approved within a
heavy commercial zone.
4. The zone in which the property is located requires 1200
square feet of lot area for each dwelling unit.
Therefore, for 120 units, there is a minimum requirement
of 144,000 square feet. Therefore, the size of the lot
at 148,620 square feet is adequate to accommodate the
proposed multiple family development.
5. The proposal abuts on "I" Street N.E. which is a planned
arterial which will connect 14th Street N.E. to 52nd
Street N.E. In most cases, the Comprehensive Plan Map
anticipates that the "I" Street Corridor will be
appropriate for multiple family residential uses.
6. Surrounding zoning and land uses in the vicinity include
C-3, Vacant to the north; C-3, Commercial, to the south;
R-4, Multi -Family, to the east; and C-3, Vacant, to the
west. The Comprehensive Plan designates property to the
east for multiple family uses, while land in all other
directions is suggested for commercial uses pursuant to
the Comprehensive Plan. There is a large mobile home
park to the north and east of this proposal. In
addition, to the east there is a condominium development
and at the southwest corner of 37th and "I" Streets there
is a 35 unit apartment complex. To the north of 37th and
west of "I" Street there is a large apartment complex.
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Ordinance No. 4441
June 12, 1990
Page 2
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7. That portion of "I" Street which abuts the subject
proposal is already developed to City standards.
Currently, "I" Street continues further north to 37th
which is also an arterial. Continuing west, 37th Street
intersects with Auburn Way North where there is a traffic
signal.
8. Currently, "I" Street continuing to the south of this
project is not complete. The City is currently going out
for bids in 1990 to complete "I" Street between 14th St.
N.E. and 40th Street N.E.
9. The subject proposal abuts 35th Street N.E. which is an
unimproved right-of-way. This project will be
responsible for half -street construction for that portion
of 35th Street which abuts the project.
10. The site plan as proposed illustrates the required number
of off-street parking spaces. The number of dwelling
units requires 12 screened RV spaces and therefore RV
parking will need to be added to the site plan. Further,
the number of units require 4 handicapped parking spaces
which will need to be added.
11. With respect to the parking area, the Zoning Ordinance at
Section 18.50.060(H)(2) requires a 100 square foot
planter area at the ends of the rows of parking with no
more than 10 parking spaces between the planter areas.
The site plan illustrates some trash enclosures within
the planting areas and this portion of the site plan will
need to be revised so that the requirement for planter
areas will be met.
12. At the time of public hearing on this application, there
was no public testimony and the applicant's agent
indicated no objection to the conditions recommended by
staff.
13. The staff report, with its recommendation of conditional
approval, is incorporated herein by reference as though
set forth in full.
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Ordinance No. 4441
June 12, 1990
Page 3
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CONCLUSIONS OF LAW
1. The criteria for the granting of a Conditional Use Permit
are set forth in Section 18.64.040 of the Zoning
Ordinance.
2. The first of these criteria is 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 the property or improvements in the
surrounding area than would any use generally permitted
in the district. Currently, there are multiple family
developments existing and planned for the area.
Additional multi -family development is more consistent
with the residential uses established on "I" Street than
are those uses permitted outright in the C-3 zone.
3. The proposal must comply with the goals, policies, and
objectives of the Comprehensive Plan. The proposal is
consistent with the policies of locating multiple family
developments on arterials which provide facilities to
serve multiple family users and the development of the
site in the manner proposed will preclude a strip
commercial zone.
4. The proposal complies with all requirements of the Zoning
Ordinance with the possible of exception of RV parking.
5. 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 will not adversely affect the public
infrastructure.
6. The applicant has
for a conditional
permit should be
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Ordinance No. 4441
June 12, 1990
Page 4
established the necessary requirements
use permit and the conditional use
granted.
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For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to allow construction
of a 120 unit apartment project is approved and affirmed.
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 is hereby approved
to allow construction of a 120 unit apartment project located
on the southwest corner of 35th and "I" Street N.E., situate
in the City of Auburn, County of King, State of Washington,
and is legally described as follows:
Lot 2 and portions of Lots 1, 3, 4 and 5
of Valley Place, as per plat recorded in
Volume 124 of Plats, pages 29 and 30,
records of King County, being described as
follows:
Beginning at the northeast corner of Lot
2; thence south 89°57126" west along the
south margin of 35th Street N.E. and the
northern line of Lots 1 and 2, a distance
of 395.33 feet, to the east line of the
west 275 feet of Lot 1; thence south
00005150" west a distance of 443.85 feet;
thence south 89046151" east a distance of
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Ordinance No. 4441
June 12, 1990
Page 5
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395.33 feet, to the west margin of "I"
Street N.E. and the east line of Lot 5;
thence north 00005150" east along said
margin a distance of 445.66 feet, to the
true point of beginning; (now known as
Parcel B of Auburn Lot Line Adjustment No.
0036-89 recorded under Recording No.
8911280941);
Situate in the City of Auburn, County of
King, State of Washington.
Section 3. The site plan needs to be revised to reflect
the requirements for recreational vehicle parking spaces,
handicapped parking spaces and required landscaping in the
parking areas.
Section 4. The revised site plan shall be consistent
with this application and shall be approved by the Planning
Director prior to applying for construction permits.
Section 5. 35th Street N.E. adjacent to the site shall
be constructed to 1/2 of a 44 foot street section, as directed
by the City Engineer, prior to occupancy. A temporary cul-de-
sac will also be required at the west end of 35th Street N.E.
(32.5 foot minimum radius) unless 35th Street is improved
through to Auburn Way North.
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Ordinance No. 4441
June 12, 1990
Page 6
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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.
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.
INTRODUCED: 6 ��
PASSED: -114o
APPROVED:
L /
M A Y O
ATTEST:
I �a�
Robin Wohlhueter, City Clerk
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Ordinance No. 4441
June 12, 1990
Page 7
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APPROVED AS TO FORM:
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N.
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Margue ite Schellentrager,
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City Attorney
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PUBLISHED:
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Ordinance No. 4441
June 12, 1990
Page 8
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
1, 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. 4441 'of the ordinances of the City of Auburn,
" entitled- "AN' ORDINANCE.
I certify that said Ordinance No. 4441 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the the 18th day of June A.D.,
1990.
I further certify'that said -Ordinance. No. 4441 was published as provided by law
in the Valley:DailyNews, a daily newspaper_ published' in the City of Auburn, and of
general circulation, therein, on the 27th day of June, A.D.; .1990.
Witness my hand and the official seal of the City of Auburn this
November 5, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000