HomeMy WebLinkAboutITEM VIII-A-4WASHINGTON
AGENDA BILL APPROVAL FORM
Aqenda Subiect: Ordinance 5827
Department:
Planning
Attachments:
Ordinance 5827
Date:
1/14/2004
Budget Impact:
Administrative Recommendation:
City Council to adopt Ordinance 5827.
Back,qround Summary
City Ordinance 5827 approves Conditional Use Permit CUP03-0007, to allow for construction of 15
units in 5 tri-plex buildings on a 70,000 square foot lot located on the south side of 1100 block of
3rd Street SE, approximately 225-feet east of the "M" Street SE corridor.
O3.10.1 CUP03-0007
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMITTEES:
[] Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board []Public Works
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Legal [] Police
[] Public Works [] Human Resources
Action:
Committee Approval: []Yes •No
Council Approval: I--lYes []No
Referred to Until
Tabled Until
Call for Public Hearing
/ /
/ /
/ /
Councilmember: Singer
Staff: Krauss
Item Number: VIII.A.4
Meeting Date: January 20, 2004
AUBURN · MORE THAN YOU IMAGINED
ORDINANCE NO. 5 8 2 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF 15 UNITS IN 5 TRI-PLEX BUILDINGS LOCATED
AT THE 1100 BLOCK OF 3RD STREET SE, WITHIN THE CITY OF
AUBURN, WASHINGTON
WHEREAS, Application No. CUP03-0007 dated September 2, 2003, was
submitted to the City of Auburn, Washington, by Dennis Clark, for a Conditional Use
Permit for construction of 15 units in 5 tri-plex buildings on a 70,000 square foot lot
located at 11XX 3r~ Street SE, within the City of Auburn, Washington; and
WHEREAS, said application was referred to the Hearing Examiner for study
and public hearing thereon, along with staff review; and
WHEREAS, the Hearing Examiner held a public hearing to consider said
application in the Council Chambers of the Auburn City Hall, on December 16, 2003,
and the Hearing Examiner recommended approval of the application on December
24, 2003; and
WHEREAS, on January 5, 2004, the City Council and considered said
application and approved the Hearing Examiner's recommendation for the issuance
of a Conditional Use Permit for construction of 15 units in 5 tri-plex buildings on a
70,000 square foot lot on property located at the 1100 block of 3rd Street SE, within
Ordinance5827
January14,2004
Page 1
the City of Auburn, Washington, based upon the following Findings of Fact and
Conclusions of Law and Decision, to-wit:
FINDINGS OF FACT
1. Dennis Clark has applied for a conditional use permit that would allow
construction of 15 units in 5 tri-plex buildings on a 70,200 square foot
lot.
2. The subject property is partially developed with two duplex structures
located at the northern limits of the site. The proposal will require the
modification of one of those structures to adequately develop the
remaining portions of the site. A conditional use permit is required
when more than one (1) duplex structure per lot is proposed
3. Under the current proposal, the resultant density will be 1 unit for each
3,695 square feet of lot area, or approximately 11.8 units per acre. The
R-3 zone permits 1 dwelling unit for each 3,600 square feet of lot area.
The proposal will result in a lot coverage percentage of apl;)roximately
24%.
4. The applicant has requested the street vacation of an approximate
4,497 square foot portion of right-of-way (dedication for an extension of
4th Street SE). The City does not intend to extend 4th Street SE further
The vacation request is in process. If the vacation is not
to the east.
Ordinance 5827
January 14, 2004
Page 2
o
approved, the applicant will have an area of less than 66,000 square
feet.
The applicant must construct a driveway to serve the rear portions of
the lot consistent with current standards. The driveway must be a
minimum of 24-feet in width.
The adjacent right-of-way width and development. A dedication of
right-of-way is needed to ensure the adequate completion ,of 3rd Street
SE to City standards. The completion of half-street improvements
associated with the subject lot will be administered in accordance with
Code requirements. The amount of area required for the dedication is
approximately 450 square feet.
An approved site plan is a component of conditional use permit
approval, in accordance with Auburn City Code 18.64.030.C. The
applicant's site plan is generally consistent with the Code requirements.
The contents of the case file CUP03-0007 and case file SEP03-0036
for this project are hereby incorporated by reference and made part of
the record of this hearing.
At the time of the public hearing, there was no testimony in opposition
to the proposal.
Ordinance 5827
January 14, 2004
Page 3
CONCLUSIONS OF LAW
The conditional use permit may be approved in that it is consistent with the
following criteda necessary to grant permit as outlined in ACC Section 18..64.040.
1. The use will have no more adverse effect on the healtlh, safety or
comfort of persons living or working in the area, and will be no more
injurious, economically or otherwise, to property or improvements in the
surrounding area, than would any use generally permitted in the district.
It is not anticipated that the proposed expansion will cause any adverse
effects to any of the adjoining uses. The nature and density of the
proposal is consistent with adjacent lots and the anticipate~'l density of
the Zoning District.
2. The proposal is in accordance with the goals, policies and objectives of
the Comprehensive Plan.
The proposed project is consistent with the Comprehensive Plan.
3. The proposal complies with all requirements of the Zoning O~'dinance.
The proposal is capable of complying with the Zoning Ordinance.
4. 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.
Ordinance5827
January 14,2004
Page 4
The proposal is consistent with the type of construction in the area and
is not expected to alter the character of the lot or building in ways that
would be inconsistent or inappropriate with the existing character
development or uses in the immediate vicinity.
The proposal will not adversely affect the public infrastructure.
There is no indication that public infrastructure would be affi.~cted by the
proposal.
DECISION
For each of the above reasons, the
application for the Conditional use permit;
Hearing Examiner approved the
WHEREAS, the City Council accepts the Findings, Conclusions and Decision
referred to hereinabove.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section '1. A Conditional Use Permit is hereby approved to allow for
construction of 15 units in 5 tri-plex buildings on a 70,000 square foot lot, subject to
the conditions set fortl~ above, on property located at the 1100 block of 3rd Street SE,
in the City of Auburn, County of King, State of Washington, and as identified
hereinabove.
Ordinance 5827
Janua~ 14,2004
Page 5
Section2. ADMINISTRATIVE AUTHORITY. The Mayor is hereby
authorized to implement such administrative procedures as may be n,ecessary to
carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the. application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Recording. 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 5. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
O~inance5827
January 14,2004
Page 6
PETER B. LEWIS
MAYOR
A'FI'EST:
Danielle E. Daskam
City Clerk
D~n)e~B. He~d
CibJ Attorney
PUBLISHED:
Ordinance 5827
January 14, 2004
Page 7
LOTS 27 & 28, EAST AUBURN ACRES, ACCORDING TO THE
PLAT RECORDED IN VOLUkfE' 14 OF PLATS, PAGE 4I, IN
KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 180 FEET OF SAID LOT 28L
EXCEPT THE NORTH 50 FEET OF ll-IE SOUTH 200 FEET OF
SAID LOT 27 AS CONVEYED TO THE CITY OF AUBURN FOR
STREET PURPOSES BY DEED RECORDED UNDER
AUDITOR'S FILE NO. 6066547.
Exhibit A
Ordinance No. 5827