HomeMy WebLinkAbout4889CITY CLEI K'$ OFFICE
~CITY Of AUBURN
25 W st Main
Auburn. CA 98001
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ORDINANCE NO. 4 8 8 9
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF AN 18-
UNIT APARTMENT ON PROPERTY ZONED C-3 (HEAVY COMMERCIAL)
LOCATED AT THE NORTHEAST CORNER OF 21ST AND "A" STREET SE,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0013-95 dated December 21,
1995, together with site plans therefore, has been submitted
to the City of Auburn, Washington, by RICHARD JAMES,
requesting a Conditional Use Permit to allow for the
construction of an 18-unit apartment in a C-3 (Heavy
Commercial) zone located at the northeast corner of 21st and
UA" Street SE, 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
W~EREAS, 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 June 18, 1996, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
Ordinance NO. 4889
July 5, 1996
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for the construction of
Commercial) zone; and
WHEREAS, the City
an 18-unit apartment in a C-3 (Heavy
Council, on July 1, 1996,
said request and affirmed the Hearing
the issuance of a Conditional Use Permit to allow
construction of an 18-unit apartment in a C-3
Commercial) located on property situated
zone,
Examiner's decision
northeast corner of 21st and
Auburn, Washington, based upon the
and Conclusions, to-wit:
considered
for
for the
(Heavy
at the
"A" Street SE, within the City of
following Findings of Fact
o
The applicant, Richard James, requests a conditional use
permit for an 18 unit apartment.
The subject property is located at the northeast corner
of 21st and "A" Street SE. It is a 66,995 square foot
lot and is currently zoned C-3, Heavy Commercial. The C-
3 zone permits multi-family projects subject to the
issuance of a conditional use permit.
Existing zoning and land uses in the vicinity include C-
3, to the north, south, and east with commercial uses to
the north and south and residential uses to the east.
The property to the west is zoned M-i, and is utilized
for a rail yard. The subject site is designated for
heavy commercial uses in the Comprehensive Plan as is the
Ordinance NO. 4889
July 5, 1996
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property to the north and south of the site.
the east is designated as residential while
the west is designated industrial.
Property to
property to
The multi-family project is part of a larger lot. The
applicant plans to construct a 4500 square foot
commercial structure at the immediate northeast corner of
21st and ~A" Street SE. The multi-family project will be
located on the east side of the commercial structure and
would be removed from the heavily traveled UA" Street SE,
which is a five lane arterial, and would be located near
other multi-family projects located to the north and west
of the proposal.
The C-3 zone requires 1200 square feet of land area for
each dwelling unit. The 18 unit multi-family project
requires 21,600 square foot lot and the 66,995 square
foot is being set aside for the proposal. The proposal
provides more parking spaces than what the Zoning Code
requires.
The evidence establishes that a multi-family project
would be of significantly less impact to the surrounding
residential uses than would a heavy commercial use.
The project file, CUP0013-95,
environmental file, SEP0046-95,
Department staff report, are hereby
by reference.
and the related
and the Planning
incorporated herein
CONCLUSIONS OF LAW
The Zoning Ordinance sets forth a series of criteria
which must be established as a condition of precedent to
the granting of a conditional use permit. The first of
these criteria are that the 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
permitted in the district. An 18 unit multi-family
Ordinance NO. 4889
July 5, 1996
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o
project would have a significantly less impact than would
a heavy commercial development which is also permitted by
existin9 zoning. The existin9 zonin~ allows for
substantially more units than the subject proposal.
Therefore, this criteria is established by the evidence.
The proposal is consistent with the policies enumerated
in the Comprehensive Plan and either meets or is able to
meet the requirements of the Zonin~ Ordinance.
The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character and
appearance with the existin~ or intended character of the
general vicinity.
The proposal will not adversely affect the public
infrastructure.
For
each of the above referenced reasons, the
of the Hearing Examiner to the Auburn City
this Conditional Use Permit to allow the
of an 18-unit apartment in a C-3 (Heavy
zone, located on property situated at the
northeast corner of 21st and "A" Street SE, is approved.
NOW, THEREFORE, THE CITY COUNCIL
WASHINGTON, DO ORDAIN AS FOLLOWS:
recommendation
Council on
construction
Commercial)
OF THE CITY OF AUBURN,
~ The above cited Hearin~ Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Ordinance No. 4889
July 5, 1996
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Conditional Use Permit is hereby approved
to allow the construction of an 18-unit apartment in a C-3
(Heavy Commercial) zone, located on property situated at the
northeast corner of 21st and "A" Street SE, within the City of
Auburn, County of King, State of Washington, legally described
as follows:
That portion of Government Lot 3, Section
19, Township 21 North, Range 5, East W.M.,
Records of King County, described as
follows:
Beginnin9 at the Southwest corner of said
Lot 3;
THENCE east along the South line 350 feet;
THENCE North parallel to the West line of
said Lot 300 feet;
THENCE West parallel to the South line of
said Lot 350 feet, more or less to the
West line of said lot;
THENCE South along said West line to the
point of beginning;
EXCEPT the South 30 feet for road as
conveyed to King County by Deed recorded
under Recording No. 2542047;
AND EXCEPT the West 30 feet for "A"
Street, Southeast (84th Avenue South);
Ordinance No. 4889
July 5, 1996
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AND EXCEPT that portion conveyed to the
City of Auburn for road by Deed recorded
under Recording No. 8002140858;
Situate in the City of Auburn, County of
King, State of Washington.
~. 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.
~. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~. 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:
CHARLES A. BOOTH
MAYOR
Ordinance No. 4889
July 5, 1996
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED:
Ordinance NO. 4889
July 5, 1996
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