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ORDINANCE NO. 4 3 2 4 ~ 'ii! %%J ~%.
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A
SEVENTY UNIT MULTI-FAMILY DEVELOPMENT ON PROPERTY ZONED C-3
AND LOCATED ON THE EAST SIDE OF AUBURN WAY NORTH IN THE 4500
BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application Number 31-88, dated September 12,
1988, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by SCHAAFSMA & HONS, LTD.,
requesting a Conditional Use Permit to allow the construction
of a seventy (70) unit multi-family development in on property
located on the east side of Auburn Way North in the 4500
block, within the City of Auburn, Washington, hereinafter
described in Section 2 of this 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 November 22, 1988, at
7:00 P.M., at the conclusion of which the Hearing Examiner
recommended approval of the issuance of a Conditional Use
Permit to allow the construction of a seventy (70) unit multi-
family development based upon the following Findings of Fact
and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicant, Schaafsma & HONS, Ltd., applies for a
Conditional Use Permit to allow construction of a 70 unit
multi-family development in a C-3, Heavy Commercial District
zone.
2. The subject site is located on the east side of Auburn
Way North in the 4500 block and is currently vacant. The site
is approximately 2.16 acres in size.
Ordinance No. 4324
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3. The site is currently zoned C-3, Heavy Commercial
District, and is designated for heavy commercial uses in the
Comprehensive Plan.
4. The 70 units proposed are part of'a larger multi-family
development. The applicant is also proposing to develop
adjacent R-4 zoned property with an additional 110 units.
Accordingly, the project will total 180 units.
5. Surrounding zoning and land uses in the vicinity include
R-4/C-3, Vacant, to the north; C-3, Single Family, to the
south; R-4, Vacant, to the east; and C-3, Vacant, to the
west.
6. The land located to the east and southeast of the site is
the R-4 zoned land which will constitute the other 110 units
of this multiple family development to be known as the
Riverbend Apartments.
7. The applicant proposes to access-the new development by
way of a new street lying between Auburn Way North and "I"
Street N.E.. The new proposed street will be a north/south
arterial which shows on the site plan as containing street
landscaping and "I" Street is a proposed north/south arterial
which will lie just easterly of the proposed development. The
applicant has submitted a traffic analysis.
8. It should be noted that no public testimony was given at
the time of the public hearing.
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 Zoning Ordinance sets forth a series of criteria which
must be established by Section 18.64.040 prior to the time
that a conditional use permit can be granted.
2. The first of these requirements is that the use will have
no more of an adverse impact on the health, safety, or comfort
of persons living or working in the area than would any use
permitted outright in the zoning district. This criteria
established by the evidence since many uses permitted in a
heavy commercial district zone are automobile oriented and
would have a substantially greater impact than multiple family
uses. A multiple family project will provide a better
transition to residential uses which exist to the east.
3. The applicant must further establish that the proposal
complies with the goals, policies and objectives of the
Comprehensive Plan. This criteria is established by the
evidence. The Comprehensive Plan seeks to limit higher
density multi-family developments to areas which are not
Ordinance No. 4324
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suited for single family uses. In light of the surrounding
zoning and land uses, this site is appropriate for multiple
family uses. Further, this development is sited so that its
traffic impacts can be mitigated and the site plan shows
substantial landscaping to buffer surrounding general
commercial uses from multiple family uses.
4. The applicant must further establish that the proposal
complies with the requirements of the Zoning Ordinance and
that the proposal can be constructed and maintained so as to
be harmonious with the intended character of the general
vicinity. This criteria is established by the evidence
although a detailed landscape plan will be reqq~ired.
5. Finally, the applicant must establish that the proposal
will not adversely affect the public infrastructure. This
criteria is established by the evidence since the proposal is
served by a five-lane arterial and will be served by a new
street.
For each of the above referenced reasons, the recommendation
of the Hearing Examiner to the Auburn City Council on this
application for a Conditional Use Permit 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 approved and
incorporated in this Ordinance.
Section 2. A Conditional Use Permit is hereby approved
to allow for the construction of a seventy (70) unit multi-
family development in a C-3 zone on property located on the
east side of Auburn way North in the 4500 block, situate in
the City of Auburn, County of King, State of Washington, and
legally described on the attached Exhibit "A".
Section 3. The construction of the project be consistent
with the site plan as determined by the Planning Director.
Section 4. Upon the passage, approval and publication of
this Ordinance as provided by law the City Clerk of the city
Ordinance No. 4324
Page 3
12/27/88
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of Auburn shall cause this Ordinance to be recorded in the
office of the King County Auditor.
Section 5. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 6. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED: JANUARY 3~ 1989
PASSED: JANUARY 3, 1989
APPROV~
MAYOR ~ '
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Margu~erite Schellentragdr, City Attorney
Published: JANUARY 9, 1989
Ordinance No. 4324
Page 4
12/27/88
TOWNSEND - CHASTAIN & ASSOC., INC.
SURVEYORS - ENGINEERS - DEVELOPMENT CONSULTANTS
ORDINANCE NO. 4324 EXHIBIT "A"
PRELIMINARY LEGAL DESCRIPTION
C-3 ZONING
RIVERBEND PHASE I
409 SOUTH 3rd AVE .
KENT. WASH. 98032
(206) 854.2043
THAT PORTION OF THE W.A, COX DONATION LAND CLAIM NO.
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, ~W.M.,
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
38 IN
IN KING
COMMENCING AT THE SOUTHEAST CORNER OF SAID CLAIM; THENCE N 01
48' 33" E, ALONG THE EAST LINE THEREOF, A DISTANCE OF 297.88 FEET
TO THE SOUTHEAST QORNER OF CITY OF AUBURN SHORT PLAT NO. SP-32-
8], RECORDED UNDER RECORDING NO. 8206210467; THENCE N 89 15'
50" W, ALONG THE SOUTH LINE THEREOF PARALLEL WITH THE SOUTH LINE
OF SAID DONATION LAND CLAIM. A DISTANCE OF 797.52 FEET TO THE
SOUTHWEST CORNER OF SAID SHORT PLAT AND TO THE NORTHEASTERLY
MARGIN OF AUBURN WAY NORTH AND TO THE TRUE POINT OF BEGINNING;
THENCE N 35 19' 55" W, ALONG SAID'STREET MARGIN, ~Q~ISTANCE OF
50.00 FEET; THENCE N 54 40' 05" ~, A DISTANCE OF .07 FEET TO
A POINT OF CURVATORE, THE RADIAL CENTER OF WHICH BEARS S 35 19'
55" E, A DISTANCE OF 214.00 FEET; THENCE ON A CURVE TO THE
RIGHT, HAVING A RADIUS OF 214.00 FEET, THROUGH A CENTRAL ANGLE
OF 07 16' 40", AN ARC DISTANCE OF 27.18 FEET TO THE SOUTH__~LI~E
OF CITY OF AUBURN SHORT PLAT NO. SP-24-79, RECORDED UNDER
RECORDING NO. 7910160792; THENCE S 89 15' 50" E, ALONG SAID
SOUTH LINE, A DISTANCE OF 52.30 FEE~; THENCE S 01 48' 33" W, A
DISTANCE OF 196.40 FEET TO THE'NORTH LINE OF SAID CITY OF AUBURN
SHORT PLAT NO. SP-32-81; THENCE N 89 15' 50" W, ALONG SAID
NORTH LINE, A D/STANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF
LOT 3 OF SAID SHORT PLAT; THENCE S 01 48' 33" W, ALONG THE WEST
LINE THEREOF, A DISTANCE OF 156.00 FEET TO THE SOUTH LINE OF SAID
SHORT PLAT; THENCE N 89 15' 50" W, ALONG SAID SOUTH LINE, A
DISTANCE OF 397.45 FEET TO THE TRUE POINT OF BEGINNING.
88050L.907