HomeMy WebLinkAbout4857CITY CLERK'S OFFICe.
CITY OI AUBURN
2.5 w ~st Main
Auburn, VA 98001
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REOEIVED THIS DAY
JuL 19
ORDINANCE NO. 4 8 5 ?
REOO,;!:;j F F.EOTIONS
AN ORDINAN~C0~;~ CITY OF AUBURN, WASHINGTON,
PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A
PROFESSIONAL OFFICE BUILDING ON PROPERTY ZONED R-4 (MULTI-
FAMILY) AND C-3 (COMMERCIAL) LOCATED EAST OF AUBURN WAY NORTH
AND NORTH OF 45TH STREET, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, Application No. CUP0014-95 dated December 21,
1995, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by KEN SCHOENFELD,
requesting a Conditional Use Permit to allow for the
construction of a professional office building in a R-4
(Multi-Family) and C-3 (Commercial) zone located east of
Auburn Way North and north of 45th Street, 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 February 21, 1996, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
for the construction of a professional office building in a
R-4 (Multi-Family) and C-3 (Commercial) zone; and
Ordinance No. 4857
April 9, 1996
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WHEREAS, the City Council, on April 1, 1996, considered
said request and affirmed the Hearing Examiner's decision for
the issuance of a Conditional Use Permit to allow for the
construction of a professional office building in a R-4
(Multi-Family) and C 3 (Commercial) zone, located on property
located east of Auburn Way North and north of 45th Street,
within the City of Auburn, Washington, based upon the
following Findings of Fact and Conclusions, to-wit:
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The applicant, Ken Schoenfeld, applies for a conditional
use permit. The proposal is to permit the construction
of a professional office building to be located on 45th
Street N.E. and east of Auburn Way North.
The evidence establishes that the subject property is
zoned C-3, Commercial, and R-4, Multi-Family. The site
plan shows that the proposed building will straddle the
boundary between both zones. Approximately one-third of
the building will be within the C-3 zone, and the other
two-thirds within the R-4 zone. The building size is
approximately 7,361 square feet, and although the C-3
zone allows for the office as a permitted use, the R-4
zone requires the conditional use permit to be issued
before an R-4 zoned site may be used as an office.
The proposed office is part of an existing office complex
located at the corner of Auburn Way North and 45th
Street. This existing complex contains approximately
15,481 square feet.
Ordinance No. 4857
April 9, 1996
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Parkin9 for the proposed office will be shared with the
existing facility. The site plan as submitted
illustrates that more than the required parking has been
provided. While the Zoning Code requires 92 spaces,
there are 108 provided. All other requirements of the
Zoning Code are met or capable of being met.
The City of February 8, 1996 issued a Mitigated
Determination of Non-Significance. There are eight
conditions of approval which involve erosion control and
storm drainage.
CONCLUSIONS OF LAW
The proposed conditional use will have no more of an
adverse effect on the health, safety, or comfort of
persons living or working in the area than would any use
9enerally permitted in the district. The proposed office
and the expansion of the existin9 office is consistent
with office uses to the west. To the south is a multi-
story apartment complex, and the proposal is compatible
with this use. To the north and east there is a drive-in
moving theater which is also compatible with the
proposal. Accordingly, the proposal will not cause
adverse effects on the surroundin~ area.
The proposal in accordance with the ~oals, policies, and
objectives of the Comprehensive Plan.
The proposal complies with all requirements of the Zonin~
Ordinance.
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The proposal will be constructed and maintained so as to
be harmonious and appropriate in design, character, and
appearance with the existin~ or intended character of the
vicinity.
Ordinance No. 4857
April 9, 1996
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The proposal will not adversely effect the public
infrastructure.
For each of the above referenced reasons, the
recommendation of the HearinH Examiner to the Auburn City
Council on this Conditional Use Permit to allow the
construction of a professional office buildinH in a R-4
(Multi-Family) and C-3 (Commercial) zone located east of
Auburn Way North and north of 45th Street is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited HearinH Examiner's
of Fact and Conclusions, are herewith incorporated in
Ordinance.
~ A Conditional Use Permit is hereby approved
Findings
this
to allow the construction of a professional office building in
a R-4 (Multi-Family) and C-3 (Commercial) zone located east of
Auburn Way North and north of 45th Street, within the City of
Auburn, County of King, State of Washington, legally described
on attached Exhibit "A", and made a part hereof as though set
forth in full herein.
Ordinance NO. 4857
April 9, 1996
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$_~. 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.
~J~iP~l_~. The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directions of this legislation.
implement
to carry
~c~i_q;1_~. 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:
CHARLES A. BOOTH
MAYOR
Ordinance No. 4857
April 9, 1996
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 4857
April 9, 1996
Page 6
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF THE W.A. COX DONATION LAND CALIN NO. 38 IN
SECTION .31, TOWNSHIP 22 NORTH RANGE 5 EAST W.M. IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID DONATION LAND
CLAIM; THENCE NORTH 01' 48' 33" EAST, ALONG THE EAST UNE
THEREOF, A DISTANCE OF 297.88 FEET TO THE SOUTHEAST CORNER
OF CITY OF AUBURN SHORT PLAT NO. SP-32-81, RECORDED UNDER
RECORDING NO. 82062104671; THENCE NORTH 89' 15' 50" WEST,
ALONG THE SOUTH LINE THEREOF, PARALLEL WITH THE SOUTH UNE
OF SAID DONAllON LAND CLAIM, A DISTANCE OF 797.52 FEET, TO
THE SOUTHWEST CORNER OF SAID SHORT PLAT AND THE EASTERLY
MARGIN OF AUBURN WAY NORTH, LYING 30.00 FEET NORTHEASTERLY
WHEN MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF AUBURN
WAY NORTH; THENCE NORTH 35' ~9' 55" WEST ALONG THE WESTERLY
LINE OF SAID SHORT PLAT AND STREET MARGIN, A DISTANCE OF
124.50 FEET TO THE TRUE POINT OF BEGINNING: THENCE
CONTINUING NORTH 35' 19' 55" WEST, A DISTANCE OF 68.46 FEET
TO THE NORTH LINE OF A TRACT OF LAND CONVEYED TO HENRY S.
TATSUM, BY DEED RECORDED IN VOLUME 1~28 OF DEEDS, PAGE 4821;
THENCE SOUTH 89' 15' $0" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 7.42 FEET, TO A POINT ON THE EASTERLY MARGIN OF
AUBURN WAY NORTH, LtING ,t6.00 FEET NORTHEASTERLY, WHEN
MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF AUBURN WAY
NORTH; THENCE NORTH 35' 19' 5S" WEST ALONG SAID EASTERLY
MARGIN, A DISTANCE OF 2~2.93 FEET TO A POINT ON THE WESTERLY
EXTENSION OF THE SOUTH LINE OF LOT 1, CITY OF AUBURN SHORT
PLAT NO. SP-2¢-79, RECORDED UNDER RECORDING NO. 79101607921;
THENCE SOUTH 89' 1§' 50' EAST ALONG SAID WESTERLY EXTENSION,
A DISTANCE OF 4.9§ FEET TO THE SOUTHWEST CORNER OF SAID LOT
1, L/ING 40.00 FEET NORTHEASTERLY WHEN MEASURED AT RIGHT
ANGLES FROM THE CENTERUNE OF AUBURN WAY NORTH; THENCE NORTH
35' 19' 55' WEST A DISTANCE OF 121.80 FEET TO THE NORTHWEST
CORNER OF SAID SHORT PLAT NO. SP-2¢-79; THENCE SOUTH 89' 15'
§0' EAST ALONG THE NORTH UNE THEREOF, A DISTANCE OF 832.81
FEET TO A POINT OF CURVATURE ON THE MARGIN OF 4$TH STREET
NORTHEAST, THE RADIAL CENTER OF WHICH BEARS SOUTH 00' 44'
10" WEST, A DISTANCE OF `336.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID MARGIN, ON A CURVE TO THE LEFT, HAVING A RADIUS
OF `336.00 FEET, THROUGH A CENTRAL ANGLE OF ,36' 04' 05', AN
ARC DISTANCE OF 211.51 FEET; THENCE SOUTH 54' 40' 05' WEST A
DISTANCE OF ~.8§.35 FEET TO THE TRUE POINT OF BEGINNING;
Ordinance No. 4857
Exhibit "A"