HomeMy WebLinkAbout05-01-2006 ITEM VIII-A-5CITY OF„
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Ordinance No.6021
Date: April 25, 2006
Department: Planning,
Attachments: Ordinance No. 6021,
Budget Impact: NA
Building, and Community
Applicant's site plan, Hearing Examiner's
recommendation
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6021.
Background Summary:
On March 21, 2006 the Hearing Examiner held an open record hearing on Conditional
Use Permit (CUP)
05-0004. CUP05-0004 is a request by Jeneva K. Benson to allow a triplex within an R3 Duplex
Residential zone for property at 4017 Auburn Way South.
The Hearing Examiner recommendation to the City Council is to grant CUP05-0004 subject to conditions.
Ordinance No. 6021 would adopt the Hearing Examiner's recommendation.
L0501-1
03.10.1 CUP05-0004
viewe y pouncil &
Arts Commission
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Action:
ommi tee Approval: BYes 8No
Council Approval: Yes
No Call for Public Hearing
Referred to
Until
Tabled UnfiT— T T
Councilmember: Norman Staff: Krauss
Meeting Date: May 1, 2006 Item Number: VIII.A.5
AUBURN *MORE THAN YOU IMAGINED
ORDINANCE NO. 6021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A TRIPLEX WITHIN AN R3 DUPLEX
RESIDENTIAL ZONE AT 4017 AUBURN WAY SOUTH, AUBURN
WASHINGTON
WHEREAS, Application No. CUP05-0004, dated September 30, 2005,
was submitted to the City of Auburn, Washington by Jeneva Benson for
approval of a Conditional Use Permit to allow a triplex within an R3 Duplex
Residential zone at 4017 Auburn Way South in 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 March 21,
2006, and the Hearing Examiner recommended approval of the application on
April 4, 2006, subject to certain conditions; and
WHEREAS, on May 1, 2006, the City Council considered said
application and approved the Hearing Examiner's recommendation and
proposed conditions for the issuance of a Conditional Use Permit (CUP) to
allow a triplex within an R3 Duplex Residential zone at 4017 Auburn Way South
--------------------------------------
Ordinance No. 6021
April 26, 2006
Page 1
in Auburn, Washington based upon the following Findings of Fact and
Conclusions, to -wit
FINDINGS OF FACT
The Applicant requested approval of a CUP for the construction of a triplex
on property located at 4017 Auburn Way South in the City of Auburn. The
subject property is approximately 16,525 square feet and is identified by
King County Tax Parcel No. 2121059074. Exhibit 1, Staff Report, Pages 1-2,
Exhibit 2, Vicinity Map; Exhibit 3, CUP Application; Testimony, of Ms.
Borland.
2. The subject property currently maintains a single family residence which
would be demolished to accommodate the proposed triplex. Exhibit 1, Staff
Report, Page 2; Exhibit 8, Aerial Photograph.
3. The Applicant proposed to construct a multi -family triplex structure. The
structure would contain three dwelling units. Each unit would be a
townhome with 698 square feet on the first floor and 728 square feet on the
second floor, for a total of 1,426 square feet per unit. Each unit would have
three bedrooms and two bathrooms. Common walls would be constructed
with typical two hour separation walls. The structure height would be
approximately 28 feet. Exhibit 9, Enlarged Site Plan.
4. The subject property is zoned R-3 Two Family (Duplex) Residential (R-3)
and, pursuant to Auburn's Comprehensive Plan, is designated as Nloderate
Density Residential. Exhibit 1, Staff Report, Pages 1-2; Testimony of Ms.
Borland.
5. The R-3 zone is intended to "permit a limited increase in population density
in those areas to which the (R-3 classification) applies... while at the same
time ... maintain a desirable family living environment." ACC 18.16.010.
The R-3 zone also seeks to provide a transition between single-family areas
and other intensive designations or activities which reduce the suitability of
land for single-family uses. Id. The R-3 zoning district permits multi -family
triplex units subject to the issuance of a CUP. ACC 18.16.030(G).
Ordinance No. 6021
April 26, 2006
Page 2
6. The R-3 zone permits multi -family structures of up to four dwelling units
provided that 3,600 square feet of lot area is provided for each dwelling unit.
ACC 18.16.040(C); ACC 18.16.030(G). The Applicant proposed three
dwelling units, requiring 10,800 square foot of lot area. The subject property
is 16,525 square feet. The proposal meets the standards as set forth in the
ACC. ACC 18.16; Exhibit 1, Staff Report, Page 4, Exhibit 9, Enlarged Site
Plan; Testimony of Ms. Borland.
7. Design standards for the R-3 zone include - minimum lot area of 3,600
square feet per dwelling unit; minimum lot width of 60 feet; minimum lot
depth of 80 feet; maximum lot coverage of 40 percent; minimum set backs
of 20 feet front, five feet side interior, 25 feet rear; building height of 30 feet.
The Applicant's proposal is consistent with these standards. ACC
18.16.040(G); Exhibit 9, Site Plan.
8. Under the City's Comprehensive Plan, the designation of Moderate Family
Residential (MFR) applies to land for transition between single family
residential areas and other more intensive designations, as well as other
activities (such as high traffic volumes) which reduce the suitability of
potential residential areas for single family uses. The MFR designation
seeks to offer opportunities for a variety of housing types which balance
residential amenities with the need to provide economical housing choices in
a manner that is consistent with conserving the character of adjacent single-
family areas. The R-3 zoning district is intended to implement this land use
designation. Auburn Comprehensive Plan, Chapter 14; Comprehensive
Land Map.
9. Comprehensive plan objectives and policies that support the proposal
include: Chapter 3, Land Use, Objective 7.5 (meet the City's need for multi-
family dwellings while avoiding conflict with single-family areas) and Chapter
3, Land Use, Goal LU -34 (moderate density units shall be encouraged as a
buffer between single-family areas and more intense uses, such as arterial
roadways and commercial uses). Auburn Comprehensive Plan, Chapter 3,
Land Use.
10. Surrounding properties are similarly zoned and developed. Properties to the
north, south, and west are zoned R-3. Property to the east maintains two
zoning districts - R-3 and Residential Manufactured Home Park (RMHP).
Properties to the north and west have been developed with single-family
Ordinance No. 6021
April 26, 2006
Page 3
residences and property to the south has been developed with a duplex and
triplex. Property to the east has been developed with a mobile home park.
Exhibit 1, Staff Report, Page 2, Exhibit 3, CUP Application; Exhibit 8, Aerial
Photograph; City of Auburn Zoning Map 21-21-05, Testimony of Ms.
Borland.
11.0ff-street parking requirements are provided in ACC 18.52. ACC
18.52.020(A)(3) requires two off-street parking spaces for each three
bedroom multi -family unit. The Applicant has proposed six paved off-street
parking spaces for the three unit, three bedroom building. The Applicant's
proposal would satisfy the off-street parking requirements of the zoning
district. ACC 18.52.020(A)(3); Exhibit 1, Staff Report, Page 3; Exhibit 9, Site
plan.
12. Review of the proposal by other city departments, including Public, Works,
determined that the public infrastructures (sewer and water) would not be
affected by the proposal so long as recommended conditions are followed.
Copies of city departments review comments were not submitted into the
record. Exhibit 1, Staff Report, Page 4.
13.ACC 18.50.050(A) requires landscaping be provided in conjunction with the
issuance of a CUP within the R-3 zoning district. The Applicant proposed
a five-foot landscaping buffer along the interior border of the site and a
grassy lawn area augmented with landscaping along the site's border with
Auburn Way South. The landscape buffer would be Type II, Type III, or
Type IV, depending on its location. A Type II landscape is intended to
create a visual separation between different uses or zones and is to consist
of groundcover, shrubs, evergreen trees, and no more than 50 percent
deciduous trees. ACC 18.50.040(B). A Type III landscape is intended to
provide a visual separate of uses from the street and from compatible uses
and is to consist of groundcover, shrubs, evergreen trees, and no more than
75 percent deciduous trees. ACC 18.50.040(C). A Type IV landscape is
intended to provide a visual relief between compatible uses and is to consist
of groundcover, shrubs, and deciduous trees. ACC 18.50.040(D). Type II
and Type III landscaping would primarily be located near the property's
border with Auburn Way South. Type IV landscaping would be located near
the rear of the property. A six-foot fence exists along the west/northwest
border and a four -foot fence exists along the east/southeastern border.
ACC 18.50; Exhibit 1, Staff Report, Page 4; Exhibit 9, Enlarged Site Plan.
Ordinance No. 6021
April 26, 2006
Page 4
14.The Applicant proposed a three foot by four foot monument sign. ACC
18.56.030 regulates signage in the R-3 zoning district. All signs must comply
with the sign requirements of the R-3 zoning district found in ACC
18.56.030(B). The Applicant's proposal appears to satisfy these
requirements. ACC 18.56, Exhibit 9, Enlarged Site Plan.
15.Access to the site would be via a single exit/entrance to Auburn Way South,
a Principal Arterial. A Limited Scope Traffic Study (Traffic Study) was
required to evaluate the proposal's impacts on the level of service (LOS)
and to examine sight distance issues at the unsignalized driveway. The
Applicant retained C. Brown and Associates to prepare the Traffic Study
(see Exhibit 11). Exhibit 10, Cover Letter and Traffic Study; Testimony of
Ms. Borland.
16. The Traffic Study reviewed gaps in the mainline traffic stream to determine if
there was adequate time for a vehicle to safely exit the proposed triplex.
The Traffic Study determined that in the morning peak hour, there were five
gaps of 10 seconds in length and in the afternoon peak hour, there were no
gaps. The Traffic Study concluded "that this 2 -lane roadway (Auburn Way
South) is very heavily traveled (and heavy traffic) makes northbound left
turns from the site virtually impossible until the peak hour traffic flows on
Auburn Way South diminish." In order to mitigate for the gap inadequacies
that would be created by the residents of the proposed triplex, the City
recommended that the Applicant provide financial security for their fair share
of a left turn refuge/acceleration lane. Exhibits 11, 11A, and 11B,
Correspondence from City regarding Traffic Impacts, Exhibit 101, Cover
Letter and Traffic Stud; Testimony of Mr. Welsh; Testimony of Mr. Keimeg.
17. The Applicant's representative stated that the Applicant would participate in
the potential left turn refuge/acceleration lane by signing a "No Protest
Agreement" and participating in a U -LID. The Applicant's representative,
concurring with the results of the Traffic Study, stated that inadequacy in
gaps for left turning vehicles was currently being resolved by neighboring
property owners turning right and then making a U-turn at the first
convenient location, usually the Seventh Day Adventist Academy's western
driveway. City Staff testified that the current resolution for the problem was
essentially an illegal turnaround on private property and therefore was not
sufficient mitigation for impacts. In addition, City Staff noted that most
Ordinance No. 6021
April 26, 2006
Page 5
vehicles existing from the triplex would want to turn left as services,
including stores and schools, are located in that direction. The Applicant
argued that the City was inappropriately asking them to pay for traffic
impacts that they did not create. Mr. Welsh testified that, although the area
was not part of the City's Transportation Improvement Plan (TIP), the project
stands alone and is not contingent on the TIP for requiring mitigation of
impacts. Exhibit 10, Cover Letter and Traffic Study, Testimony of Mr. Welsh;
Testimony of Mr. Keimig.
18. Analysis of the LOS determined that traffic generated by the proposed
triplex would yield a LOS "E" during the morning peak hour and a LOS "F"
during the afternoon peak hour. Sight distances were found to be adequate.
Exhibit 10, Cover Letter and Traffic Study.
19. The City determined that due to the small size of the proposal, the proposal
falls below the threshold for environmental review under Washington's State
Environmental Policy Act (SEPA), RCW 43.21C. Exhibit 1, Staff Report,
Pages 1 and 3, WAC 197-11-800.
20. The City provided reasonable notice of the March 21, 2006 public hearing.
Notice was posted on-site on March 8, 2006; was mailed to all property
owners within 300 feet of the affected site on March 10, 2006; and was
published in the King County Journal on March 11, 2006. Exhibits 4, 5, 6,
and 7- Notice.
21. Public testimony was received on the proposal. Comments pertained to
traffic impacts and stated that a left turn refuge/acceleration was required in
the area and that, for public safety, the lane should be constructed prior to
the proposed triplex. Testimony of Ms. Haugen.
CONCLUSIONS
Auburn City Code 18.64.040 provides criteria for review for CUP applications.
A CUP application shall only be approved if the Applicant can demonstrate that:
1. The use will have no more 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 property or improvements in the
surrounding are than would any use generally permitted in the district.
Ordinance No. 6021
April 26, 2006
Page 6
2. The proposal is in accordance with the goals, policies, and objectives of
the Comprehensive Plan.
3. The proposal complies with all requirements of ACC Title 18.
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.
5. The proposal will not adversely affect the public infrastructure.
6. The proposal will not cause or create a public nuisance.
Conclusions Based on Findings
1. The use will have no more 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 property or improvements
in the surrounding area than would any use generally permitted in
the district. The proposed triplex would be located on a principal
arterial in an area of similar multi -family structures and mobile homes. A
triplex is a permitted use within the R-3 zone upon issuance of a CUP. It
would generate only one additional dwelling unit as compared to a
duplex, an outright permitted use. As imposed herein, conditions of
approval would ensure that the proposed triplex would not adversely
affect the public safety. These conditions would provide a safe method
for traffic entering and exiting the triplex could do so safely. The
proposed triplex is designed to provide open space and off-street
parking. Findings of Fact Nos. 1, 3- 6, 10- 13, 15-18.
2. The proposal is in accordance with the goals, policies, and
objectives of the Comprehensive Plan. The proposed use is
consistent with the City's Comprehensive Plan land use designation for
the site — Moderate Density Residential. The goals, objectives, and
policies of the Comprehensive Plan are supported by the proposal.
Findings of Fact Nos. 4, 8, and 9.
3. The proposal complies with all requirements of ACC Title 18.
Required lot size, width, setbacks, building height, landscaping, signage,
and parking are in compliance with ACC 18.14. Findings of Fact Nos. 4-
7, 11, 13-14, and 20.
Ordinance No. 6021
April 26, 2006
Page 7
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. The
Applicant designed the proposed triplex to be compatible with duplexes,
townhomes, and single-family residences within the surrounding
community. The triplex would provide for adequate transition between
residential neighborhoods of varying densities. Landscaping would
further enhance the site. Findings of Fact Nos. 3, 7, 10, and 13.
5. The proposal will not adversely affect the public infrastructure.
Conditions of approval would provide for development of public storm
drainage facilities to manage stormwater quantity and water quality
impacts. The project would connect to City sewer and water. All
infrastructure improvements would be constructed to City of Auburn
standards. Conditions of approval would require the Applicant to
participate in their fair share of the cost for a left turn refuge/acceleration
lane. Although the Applicant argues that they are paying for traffic
problems that they did not create, the Applicant's own Traffic Study
demonstrated that additional vehicles would be exiting/entering the
subject property and that these vehicles would create additional volume
and safety hazards. Findings of Fact Nos. 12, 16, and 17.
6. The proposal will not cause or create a public nuisance. No
concerns were presented at hearing or through exhibits that approval
would cause or create a public nuisance. The Applicant proposed a
residential use within an area surrounded by residential uses.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner
recommends that the Auburn City Council APPROVE the Applicant's request
for a Conditional Use Permit to construct a multi -family triplex on property
located at the intersection of 4017 Auburn Way South, subject to the following
conditions:
1. Public storm drainage facilities shall be constructed to City of Auburn
standards. The storm drainage facilities shall adequately manage the
stormwater impact in regards to both quantity and quality for the
proposed public street improvements associated with the project. Storm
--------------------------------------
Ordinance No. 6021
April 26, 2006
Page 8
drainage from public street improvements shall not be allowed to drain
into any private storm drainage facilities.
2. Per ACC 18.50.030(E), the final landscape plan shall identify all
"'Significant Trees". The Applicant shall preserve all significant trees
located within the portions of the subject property not proposed for
development. The landscape buffer shall be augmented with a variety of
native, drought -resistant shrubs and/or trees.
3. Prior to issuance of a building permit for the project, the Applicant shall
provide a financial guarantee to construct the project's portion of the
center refuge lane on Auburn Way South.
4. Until such time as the center refuge lane on Auburn Way South has been
constructed, the Applicant shall install a sign at the driveway exiting the
site stating: NO LEFT TURN, 7 AM - 8 AM and 4 PM to 5:30 PM,
Monday to Friday.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section 1. Purpose. The above-cited Hearing Examiner's Findings of
Fact and Conclusions of Law and Decision, are herewith incorporated in this
Ordinance.
Section 2. A Conditional Use Permit is hereby approved to allow for a
triplex within an R3 Duplex Residential Zone at 4017 Auburn Way South
identified on Exhibit "A" attached hereto and incorporated in this Ordinance by
this reference in the City of Auburn, State of Washington.
--------------------------------------
Ordinance No. 6021
April 26, 2006
Page 9
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 S. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Ordinance No. 6021
April 26, 2006
Page 10
Section 6. 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:
PETER B. LEWIS,
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
PUBLISHED:
Ordinance No. 6021
April 26, 2006
Page 11
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
1ase1 A
That pee ien of *e seuithwc t quarter of the swiheast quWor of Section 21, Tgwnm dip 21 Noah,
Range 5 F ast,+ W. M., in King Cou* W#hit;gion, dcswbed as follows:
ComtnOWW at $011 t=ction o€the south bae of $arid sPWMXM with the soutbcdy margin of
Enumobw ma y;
thence ns&weste+rly, along said southerly margin a distance 214 feet to the TRUE MINT OF
BECYINN G of the OW of lead hdrein dese bed;
*ewe nu�*.taQ"h t slog, amid higbway wx& to a paint whieb is 90 feet and 4
inuhhes Wu&"** (as M,MlMd 41009 said bighway) from its Asn with the west tine of
said soudmw- queer;
thence sov*wc&tq---ly is a sight line to as irxt mOction with .the west line of said subdivision at a
point. 137 feet sou* of tho southwe * of UW h ighwg
theaoe wdWdy along the west line Qf the setu wag quarter of said swoon. to the sotctl wca comer
of said.asbdivision;
tb=00 uortheastcrly in a s#migitt line to th4 TRUE POINT OF UMNNING.
RECEIVED
APR 0 5 2006
PL.Ah1W4 DR'ARTMENT
BEFORE THE HEARING EXAMINER
OF THE CITY OF AUBURN
In the Matter of the Application of )
JENEVA K. BENSON )
For a Conditional Use Permit )
NO. CUP05-0004
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a
Conditional Use Permit for the construction a triplex within R3 Two Family (Duplex)
Residential zoning district be APPROVED, subject to conditions.
SUMMARY OF RECORD
Requests:
Jeneva K. Benson (Applicant), through her representative The Keimig Associates, requested a
Conditional Use Permit (CUP) for the construction of a triplex on property located at 4017
Auburn Way South, Auburn, Washington.
Hearin Date:
The Hearing Examiner for the City of Auburn held an open record public hearing on March 21,
2006.
Testimony:
The following individuals presented testimony under oath at the open record public hearing:
Stacey Borland, City of Auburn Planner
Alan Keimig, The Keimig Associates, Applicant's Representative
Virginia Haugen, Neighboring Property Owner
Exhibits:
The following exhibits were admitted at the open record public hearing:
Exhibit 1: Staff Report, dated March 13, 2006
Exhibit 2: Site Map
Exhibit 3: Application for Conditional Use Permit
Exhibit 4: Notice of Public Hearing
Exhibit 5: Affidavit of Posting
Exhibit 6: Affidavit of Mailing
Exhibit 7: Confirmation of Publication of Legal Notice
Exhibit 8: Aerial Photograph
Exhibit 9: Enlarged Site Plan
Exhibit 10: Applicant's Traffic Study, prepared by C. Brown & Associates, dated .December
2, 2005
Exhibit 11: Correspondence from City of Auburn to Applicant, dated October 24, 2005, RE:
Transportation
Exhibit 1 IA: Correspondence from City of Auburn to Applicant, dated December 23, 2005,
RE: Transportation
Exhibit 11B: Correspondence from City of Auburn to Applicant, dated January 19, 2006, RE:
Transportation
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicant requested approval of a CUP for the construction of a triplex on property
located at 4017 Auburn Way South in the City of Auburn. The subject property is
approximately 16,525 square feet and is identificated by King County Tax Parcel No.
2121059074. Exhibit 1, Staff Report, Pages 1-2; Exhibit 2, Vicinity Map; Exhibit 3, CUP
Application; Testimony of Ms. Borland.
2. The subject property currently maintains a single family residence which would be
demolished to accommodate the proposed triplex. Exhibit 1, Staff Report, Page 2; Exhibit 8,
Aerial Photograph.
3. The Applicant proposed to construct a multi -family triplex structure. The structure would
contain three dwelling units. Each unit would be a townhome with 698 square :feet on the
first floor and 728 square feet on the second floor, for a total of 1,426 square feet per unit.
Each unit would have three bedrooms and two bathrooms. Common walls would be
constructed with typical two hour separation walls. The structure height would be
approximately 28 feet. Exhibit 9, Enlarged Site Plan.
4. The subject property is zoned R-3 Two Family (Duplex) Residential (R-3) and, pursuant to
Auburn's Comprehensive Plan, is designated as Moderate Density Residential. Exhibit 1,
Staff Report, Pages 1-2, Testimony of Ms. Borland
5. The R-3 zone is intended to "permit a limited increase in population density in those areas to
which the (R-3 classification) applies... while at the same time ... maintain a desirable
family living environment." ACC 18.16.010. The R-3 zone also seeks to provide a
Benson Triplex CUP 05-0004
City ofAuburn Hearing Examiner
Findings, Conclusion, and Recommendation
Page 2 qf 8
transition between single-family areas and other intensive designations or activities which
reduce the suitability of land for single-family uses. Id. The R-3 zoning di:;trict permits
multi -family triplex units subject to the issuance of a CUP. ACC 18.16.030(G).
6. The R-3 zone permits multi -family structures of up to four dwelling units provided that 3,600
square feet of lot area is provided for each dwelling unit. ACC 18.16.040(C); ACC
18.16 030(G). The Applicant proposed three dwelling units, requiring 10,800 square foot of
lot area. The subject property is 16,525 square feet. The proposal meets the standards as set
forth in the ACC. ACC 18.16; Exhibit 1, Staff Report, Page 4; Exhibit 9, Enlarged Site Plan;
Testimony of Ms. Borland.
7. Design standards for the R-3 zone include - minimum lot area of 3,600 square feet per
dwelling unit; minimum lot width of 60 feet; minimum lot depth of 80 feet; maximum lot
coverage of 40 percent; minimum set backs of 20 feet front, five feet side interior, 25 feet
rear; building height of 30 feet. The Applicant's proposal is consistent with these standards.
ACC 18.16.040(G); Exhibit 9, Site Plan.
8. Under the City's Comprehensive Plan, the designation of Moderate Family Residential
(MFR) applies to land for transition between single family residential areas and other more
intensive designations, as well as other activities (such as high traffic volumes) which reduce
the suitability of potential residential areas for single family uses. The MFR designation
seeks to offer opportunities for a variety of housing types which balance residential amenities
with the need to provide economical housing choices in a manner that is consistent with
conserving the character of adjacent single-family areas. The R-3 zoning district is intended
to implement this land use designation. Auburn Comprehensive Plan, Chapter 14;
Comprehensive Land Map.
9. Comprehensive plan objectives and policies that support the proposal include: Chapter 3,
Land Use, Objective 7.5 (meet the City's need for multi -family dwellings while avoiding
conflict with single-family areas) and Chapter 3, Land Use, Goal LU -34 (moderate density
units shall be encouraged as a buffer between single-family areas and more intense uses, such
as arterial roadways and commercial uses). Auburn Comprehensive Plan, Chapter 3, Land
Use.
10. Surrounding properties are similarly zoned and developed. Properties to the north, south, and
west are zoned R-3. Property to the east maintains two zoning districts - R-3 and Residential
Manufactured Home Park (RMHP). Properties to the north and west have been developed
with single-family residences and property to the south has been developed with a duplex and
triplex. Property to the east has been developed with a mobile home park. Exhibit 1, Staff"
Report, Page 2; Exhibit 3, CUP Application; Exhibit 8, Aerial Photograph; City of Auburn
Zoning Map 21-21-05; Testimony of Ms. Borland.
11. Off-street parking requirements are provided in ACC 18.52. ACC 18.52.020(A)(3) requires
two off-street parking spaces for each three bedroom multi -family unit. The Applicant has
Benson Triplex CUP 05-0004
City ofAuburn Hearing Examiner
Findings, Conclusion, and Recommendation Page 3 of8
proposed six paved off-street parking spaces for the three unit, three bedroom building. The
Applicant's proposal would satisfy the off-street parking requirements of the zoning district.
ACC 18.52.020(A)(3); Exhibit 1, Staff Report, Page 3; Exhibit 9, Site plan.
12. Review of the proposal by other city departments, including Public Works, determined that
the public infrastructures (sewer and water) would not be affected by the proposal so long as
recommended conditions are followed. Copies of city departments review comments were
not submitted into the record. Exhibit 1, Staff'Report, Page 4.
13. ACC 18.50.050(A) requires landscaping be provided in conjunction with the :issuance of a
CUP within the R-3 zoning district. The Applicant proposed a five-foot landscaping buffer
along the interior border of the site and a grassy lawn area augmented with landscaping along
the site's border with Auburn Way South. The landscape buffer would be Type, II, Type III,
or Type IV, depending on its location. A Type II landscape is intended to create a visual
separation between different uses or zones and is to consist of groundcover, shrubs, evergreen
trees, and no more than 50 percent deciduous trees. ACC 18.50.040(B). A Type III landscape
is intended to provide a visual separate of uses from the street and from compatible uses and
is to consist of groundcover, shrubs, evergreen trees, and no more than 75 percent deciduous
trees. ACC 18.50.040(C). A Type IV landscape is intended to provide a visual relief between
compatible uses and is to consist of groundcover, shrubs, and deciduous trees. ACC
18.50.040(D). Type II and Type III landscaping would primarily be located near the
property's border with Auburn Way South. Type IV landscaping would be located near the
rear of the property. A six-foot fence exists along the west/northwest border and a four -foot
fence exists along the east/southeastern border. ACC 18.50; Exhibit 1, Staff Report, Page 4;
Exhibit 9, Enlarged Site Plan.
14. The Applicant proposed a three foot by four foot monument sign. ACC 18.56.030 regulates
signage in the R-3 zoning district. All signs must comply with the sign requirements of the
R-3 zoning district found in ACC 18.56.030(B). The Applicant's proposal appears to satisfy
these requirements. ACC 18.56; Exhibit 9, Englarged Site Plan.
15. Access to the site would be via a single exitlentrance to Auburn Way South, a Principal
Arterial. A Limited Scope Traffic Study (Traffic Study) was required to evaluate the
proposal's impacts on the level of service (LOS) and to examine sight distance issues at the
unsignalized driveway. The Applicant retained C. Brown and Associaties to prepare the
Traffic Study (see Exhibit 11). Exhibit 10, Cover Letter and Traffic Study, Testinlony of Ms.
Borland.
16. The Traffic Study reviewed gaps in the mainline traffic stream to determine if there was
adequate time for a vehicle to safely exit the proposed triplex. The Traffic Study determined
that in the morning peak hour, there were five gaps of 10 seconds in length and in the
afternoon peak hour, there were no gaps. The Traffic Study concluded "that this 2 -lane
roadway (Auburn Way South) is very heavily traveled (and heavy traffic) makes northbound
left turns from the site vitually impossible until the peak hour traffic flows on Auburn Way
Benson Triplex CUP 05-0004
City ofAuburn Hearing Examiner
Findings, Conclusion, and Recommendation Page 4 of 8
South diminish." In order to mitigate for the gap inadequacies that would be created by the
residents of the proposed triplex, the City recommended that the Applicant provide financial
security for their fair share of a left turn refuge/acceleration lane. Exhibits 11, IIA, and IIB,
Correspondence from City regarding Traffic Impacts; Exhibit 10, Cover Letter and Traffic
Stud; Testimony of Mr. Welsh; Testimony of Mr. Keimeg.
17. The Applicant's representative stated that the Applicant would participate in the; potential left
turn refuge/acceleration lane by signing a "No Protest Agreement" and participating in a U -
LID. The Applicant's representative, concurring with the results of the Traffic Study, stated
that inadequacy in gaps for left turning vehicles was currently being resolved by neighboring
property owners turning right and then making a U-turn at the first convenient location,
usually the Seventh Day Adventist Academy's western driveway. City Staff testified that the
current resolution for the problem was essentially an illegal turnaround on private property
and therefore was not sufficient mitigation for impacts. In addition, City Staff noted that
most vehicles existing from the triplex would want to turn left as services, including stores
and schools, are located in that direction. The Applicant argued that the City was
inappropriately asking them to pay for traffic impacts that they did not create. Mr. Welsh
testified that, although the area was not part of the City's Transportation Improvement Plan
(TIP), the project stands alone and is not contingent on the TIP for requiring mitigation of
impacts. Exhibit 10, Cover Letter and Traffic Study; Testimony of Mr. Welsh, Testimony of
Mr. Keimig.
18. Analysis of the LOS determined that traffic generated by the proposed triplex would yield a
LOS "E" during the morning peak hour and a LOS 'T" during the afternoon peak hour. Sight
distances were found to be adequate. Exhibit 10, Cover Letter and Traffic Study.
19. The City determined that due to the small size of the proposal, the proposal falls below the
threshold for environmental review under Washington's State Environmental Policy Act
(SEPA), RCW 43.21C. Exhibit 1, Staff Report, Pages 1 and 3; WAC 197-11-800.
20. The City provided reasonable notice of the March 21, 2006 public hearing. Notice was
posted on-site on March 8, 2006; wasmailed to all property owners within 300 feet of the
affected site on March 10, 2006; and was published in the King County Journal on March 11,
2006. Exhibits 4, S, 6, and 7- Notice.
21. Public testimony was received on the proposal. Comments pertained to traffic impacts and
stated that a left turn refuge/acceleration was required in the area and that, for public safety,
the lane should be constructed prior to the proposed triplex. Testimony of Ms. Haugen.
CONCLUSIONS
Jurisdiction
The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the
Benson Triplex CUP 05-0004
City of Auburn Hearing Examiner
Findings, Conclusion, and Recommendation Page 5 of 8
Auburn City Council on an application for a Conditional Use Permit pursuant to ACC
18.64.020(A) and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to
place conditions on the conditional use permit pursuant to ACC 18.64.050.
Criteria for Review
Auburn City Code 18.64.040 provides criteria for review for CUP applications. A CUP
application shall only be approved if the Applicant can demonstrate that:
1. The use will have no more 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
property or improvements in the surrounding are than would any use generally permitted
in the district.
2. The proposal is in accordance with the goals, policies, and objectives of the
Comprehensive Plan.
3. The proposal complies with all requirements of ACC Title 18.
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
vicity.
5. The proposal will not adversely affect the public infrastructure.
6. The proposal will not cause or create a public nuisance.
Conclusions Based on Findings
1. The use will have no more 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 property or improvements in the surrounding area than would any use
generally permitted in the district. The proposed triplex would be located on a
principal arterial in an area of similar multi -family structures and mobile homes. A
triplex is a permitted use within the R-3 zone upon issuance of a CUP. It would generate
only one additional dwelling unit as compared to a duplex, an outright permitted use. As
imposed herein, conditions of approval would ensure that the proposed triplex would not
adversely affect the public safety. These conditions would provide a safe method for
traffic entering and exiting the triplex could do so safely. The proposed triplex is
designed to provide open space and off-street parking. Findings of Fact Nos. .1, 3- 6, 10-
13,15-18.
2. The proposal is in accordance with the goals, policies, and objectives of the
Comprehensive Plan. The proposed use is consistent with the City's Comprehensive
Plan land use designation for the site — Moderate Density Residential. The goals,
objectives, and policies of the Comprehensive Plan are supported by the proposal.
Findings of Fact Nos. 4, 8, and 9.
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City ofAuburn Hearing Examiner
Findings, Conclusion, and Recommendation
Page 6 of 8
3. The proposal complies with all requirements of ACC Title 18. Required lot size,
width, setbacks, building height, landscaping, signage, and parking are in compliance
with ACC 18.14. Findings of Fact Nos. 4-7, 11, 13-14, and 20.
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. The Applicant designed the proposed triplex to be
compatible with duplexes, townhomes, and single-family residences wthin the
surrounding community. The triplex would provide for adequate transition between
residential neighborhoods of varying densities. Landscaping would further enhance the
site. Findings of Fact Nos. 3, 7, 10, and 13.
5. The proposal will not adversely affect the public infrastructure. Conditions of
approval would provide for development of public storm drainage facilities to manage
stormwater quanitity and water quality impacts. The project would connect to City sewer
and water. All infrastructure improvements would be constructed to City of Auburn
standards. Conditions of approval would require the Applicant to participate in their fair
share of the cost for a left turn refuge/acceleration lane. Although the Applicant argues
that they are paying for traffic problems that they did not create, the Applicant's own
Traffic Study demonstrated that additional vehicles would be exiting/entering the subject
property and that these vehicles would create additional volume and safety hazards.
Findings of Fact Nos. 12, 16, and 17.
6. The proposal will not cause or create a public nuisance. No concerns were presented
at hearing or through exhibits that approval would cause or create a public nuisance. The
Applicant proposed a residential use within an area surrounded by residential uses.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the
Auburn City Council APPROVE the Applicant's request for a Conditional Use Permit to
construct a multi -family triplex on property located at the intersection of 4017 Auburn Way
South, subject to the following conditions:
1. Public storm drainage facilities shall be constructed to City of Auburn stand-�rds. The
storm drainage facilities shall adequately manage the stormwater impact in regards to
both quantity and quality for the proposed public street improvements associated with the
project. Storm drainage from public street improvements shall not be allowed to drain
into any private storm drainage facilities.
2. Per ACC 18.50.030(E), the final landscape plan shall identify all "Significant Trees".
The Applicant shall preserve all significant trees located within the portions of the subject
Benson Triplex CUP 05-0004
City ofAuburn Hearing Examiner
Findings, Conclusion, and Recommendation
Page 7 of 8
property not proposed for development. The landscape buffer shall be augmented with a
variety of native, drought -resistant shrubs and/or trees.
3. Prior to issuance of a building permit for the project, the Applicant shall provide a
financial guarantee to construct the project's portion of the center refuge lane on Auburn
Way South.
4. Until such time as the center refuge lane on Auburn Way South has been constructed, the
Applicant shall install a sign at the driveway exiting the site stating:
NO LEFT TURN, 7 AM - 8 AM and 4 PM to 5:30 PM, Monday to Friday
Decided this 4th day of April, 2006.
Benson Triplex CUP 05-0004
City of Auburn Hearing Examiner
Findings, Conclusion, and Recommendation
;s M. Driscoll
of Auburn Hearing Examiner
Page 8 c f8