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Home My WebLink About4415 .. 1 2 3 4 5 6 7 8 9 ~ 10 0 0 11 ... c., 12 N c., 13 0 C 14 ~ 15 16 17 18 19 20 21 22 23 24 25 26 J ~ JI}/ OTT\Cv;' C\.v;.~~~~Ù~~ C\"f'I.-J Of II' ~a\(\^I\'\ C\" \118S\ 9'&1J.... 'l.{) \lIp.. ~\)t(\, p..\) AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF AUBURN WAY SOUTH IN THE 4000 BLOCK, WITHIN THE CITY OF J~UBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R- MHP (MOBILE HOME PARK) TO R-3 (DUPLEX) AND A CONDITIONAL USE PERMIT FOR FIVE 4-PLEXES. ORDINANCE NO. 4 4 1 5 WHEREAS, Application Nos. REZ0013-89 and CUP0008-89 have been submitted to the Council of the City of AUbu.rn, Washington, by WILDWOOD INCOME PROPERTY, requesting the rezoning of the real property hereinafter described in Section 2 of the Ordinance, and a conditional use permit to be issued for the development of five 4-plexes which application was dated December 4, 1989; 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 January 16, JL990, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property and a conditional use permit to be issued for the development of five 4-plexes, based upon the following Findings of Fact and Conc'lusions, to- wit: )'1'1110J 9'11\4 CI :ìll'I' J~ c <'I'''O''~\ .."t"" ,,,,1 ¡ 1 ,I' )>.Ji'1,J~lJ .;jO ',OIl;IMQ 3Hl AS ---:---------------nr ¡¡" Ii T I J Ord1nance No. 441sVv, v February 15, 1990 Page 1 90/03.~··23 REce. F RECFEE CRSHSL *''''*'13.00 ~.5 #1004 r.¡ [lIVW 11.. 00 2.00 '\YO SIII1 03A13:>311' -,~,._, 1 2 3 4 5 6 7 8 9 10 11 ~ 8 12 ... 13 c., N 14 ~ 0 15 ,-. '- ~ 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT 1. The applicant, wildwood Income Property, applies for a rezone and a conditional use permit. The proposal is to rezone the subject property from R-MHP to R-3 and to permit a conditional use permit to be issued for the development of five 4-plexes. 2. The subj ect property, which is 3.1 acre,s in size, is located on the north side of Auburn Way" South in the 4000 block and is currently vacant. The subject site is designated for moderate density residential uses in the Comprehensive Plan. 3. There is a mobile home park existing to the south of the subject site while land in all other directions is currently vacant. 4. This proposal is part of a larger development recently approved by the ci ty. The larger development, consisting of 122 units, is delineated as Phase I of the project and the proposal in this application for 20 units is designated Phase II. 5. The original proposal anticipated the d1evelopment of a mobile home park on the site. However the site ultimately turned out to be too small to allow such a development. Therefore, this propo,sal has been submitted. 6. The R-3 (Duplex) zone requires 3600 square feet of land per dwelling unit. No more than 4 dwelling units per structure are permitted. 7. The proposal has sufficient square foo'tage for required 20 units in that 72,000 squëlre feet required and 82,764 square feet are provided. addition, there are approximately 1. 2 acres on site which are on a steep slope, which undevelopable. The applicant has not included steep slope in the calculations. the are In the is the 8. There are a number of large and significant trees on the property which should be retained if possible. ------------------- Ordinance No. 4415 February 15, 1990 Page 2 1 2 3 4 5 6 7 8 9 10 11 ~ 0 12 0 ... 13 c., N 14 ~ 0 15 ,-. '- ~ 16 17 18 19 20 21 22 23 24 25 26 9. The staff report, with its recommendation of condi tional approval, is incorporatE!d herein by reference as though set forth in full. CONCLUSIONS OF LAW 1. The requirements for approval of a conditional use permit are set forth in section 18.64.040 of the Zoning Code. Specifically, the use can have no more of an adverse effect on the health, safety or comfort of persons living or working in the area than can any use permitted outright in the district. This criteria is established by the evidence since the use is very compatible with the proposed mul tiple family use to the west and the existing mobile home park to the south. Access to the Phase II portion of the site is being provided via an improved Auburn Way South and through Phase I of the site. 2. The proposal must Comprehensive Plan. the evidence. comply with the croals of the This criteria is ~stablished by 3. Further, the Ordinance. evidence. proposal must comply with the Zoning This criteria is established by the 4. Finally, the applicant must establish that 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 no adverse effect on the public infrastructure must be anticipated. These criteria are established by the proposal. ------------------- Ordinance No. 4415 February 15, 1990 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 ~ 0 13 0 ... 14 c., N 15 C":I 2 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 the requested rezone and issuance of ël conditional use permit is approved. 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. The legal description in attached Exhibit A of property located on the north side of Auburn Way South in the 4000 block, situate in the City of Auburn, County of King, State of Washington, is hereby rezoned from R-MHP (Mobile Home Park) to R-3 (Duplex) and to permit the issuance ()f a Conditional Use Permit for the development of fivE! 4-plexes. Section 3. The construction of the project shall be consistent with the site plan and shall provide fc)r access through Phase I of the development. The previously approved site plan of Phase I may be amended to reflect the, access to Phase II. ------------------- Ordinance No. 4415 February 15, 1990 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 ~ 14 0 0 15 ... c., 16 N c., 17 0 ,-. '- 18 ~ 19 20 21 22 23 24 25 26 Section 4. Minor adjustments may be made 1:0 the site plan to reflect any refinements necessary to comply with the City's Code and Ordinances. Section 5. A land clearing permit is required and shall reflect the desire to retain as many of the trees: as possible. 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, Division of Records and Elections. 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. ------------------- Ordinance No. 4415 February 15, 1990 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 ATTEST: 13 14 ~ 8 15 ... 16 c., N 17 M 0 18 ,-. ã) 19 20 21 22 23 24 25 26 INTRODUCED: 02, ,af). 91) PASSED: eX, ao, <lû APPROVED: ¿J, ao, CÍ,~ ~ J liJWJjA1Æ~ Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney PUBLISHED: d- /- 90 ------------------- Ordinance No. 4415 February 15, 1990 Page 6 - h·.....,......·...................h.........h.....................·....·_............__...h_..............................."...................................... ' ' . . lEOAL DESCIUPTíON OF PROPERTY AUBURN WAY APARTMENTS .. PHASE 2 - ----- - ~ o o ... c., ~ ~ THAT PORTION or THE SOUTHWEST QUARTER or THE SOUTHEAST QUARTER or SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COU~ITY, WASHINGTON, DESCRI8£D AS fOLLOWS: BEGINNING AT THE SOUTHWEST CORNER or THE NORTH HAlf Of THE SOUTHWEST QUARTER Of THE SOUTHEAST OUARTER Of SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.N., IN kING CMTY, WASHINGTON: THENCE NORTH 1 DEGREES 12'8" EAST AlONG THE"~ST LINE or SAID SUBDIVISION 450 FEET: THENCE SOUTH 51 DEGREES 46'00" EAST 751.58 FEET TO THE SOUTH LII~E or SAID SUBDIVISION: THENCE NORTH 88 DEGREES 32'.." WEST ALONG THE SOUTH LINE 600 fEn TO THE POINT or BEGINNING: ALSO KNOWN AS LOT 1, AUBURN SHORT PLAT NlJIBER SP-6-76. RECOROEDI UNDER RECORDING NUMBER 7606080776: BEING A PORTION or THE SOUTHWEST QUARTER or THE SOUTHEAST QUARTER or *SECTION 21, TOWNSHIP 21 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (THIS LEGAL DESCRIPTION IS IDENTICAL TO THAT CONTAINED IN CHICAGO TITLE INSURANCE COMPANY ORDER 110 160103, DATED MAY 8, 1989, EXCEI)T AS NOTED BElOW.) , -THIS WORD WAS CHANGED FROM THE ORIGINAL TITLE REPORT WHICH ERRONEOUSLY HAD THE WORD "SOUTH" IN THIS PLACE. ~ ------------------------- Ordinancp No. 4415 Exhibit "A" --~- -