Loading...
HomeMy WebLinkAbout44411 2 3 4 5 6 7 8 C 9 10 11 12 O � 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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: ------------------- Ordinance No. 4441 June 12, 1990 Page 1 �i t ! �� f REr D F �� �,► RECFEE CASHSL #0280 ] F 12.00 2.00 � +14.00 1 2 3 4 5 6 7 8 9 10 11 O 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 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. ------------------- Ordinance No. 4441 June 12, 1990 Page 2 1 2 3 4 5 6 7 8 9 a 16 17 18 19 20 21 22 23 24 25 26 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. ------------------- Ordinance No. 4441 June 12, 1990 Page 3 1 2 3 4 5 6 7 8 9 10 � 11 GO � 12 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 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 ------------------- Ordinance No. 4441 June 12, 1990 Page 4 established the necessary requirements use permit and the conditional use granted. 1 2 3 4 5 6 7 8 9 10 GO 11 � 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 ------------------- Ordinance No. 4441 June 12, 1990 Page 5 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 26 395.33 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. ------------------- Ordinance No. 4441 June 12, 1990 Page 6 1 2 3 4 5 6 7 8 41j 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 ------------------- Ordinance No. 4441 June 12, 1990 Page 7 1 2 APPROVED AS TO FORM: 3 4 N. 5 Margue ite Schellentrager, 6 City Attorney 7 8 PUBLISHED: 9 10 11 O 12 13 (o 14 15 � 16 17 18 19 20 21 22 23 24 25 ................... 26 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