HomeMy WebLinkAbout4908CIT~' CLERK'S OFFICE
CITY Oi 'AUBURN
25 W ~st Main
Auburn, VA 98001
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i
ORDINANCE NO. 4 9 Q ~ .~.
WASHINGTON, PROVIDING FO~
PERMIT TO ALLOW DUPLEXES ON PROPERTY ZONEE~
AN ORDINANCE OF THE CITY OF AUBURN,
A CONDITIONAL USE
WHEREAS,
R-2 (SINGLE-FAMILY) LOCATED EASTERLY OF "W" STREET NW AND~
WESTERLY OF THE TERMINUS OF 15TH STREET NW, WITHIN THE CITY O~
AUBURN, WASHINGTON. ~
Application NO. CUP0001-94 dated March 28, 1996,~
together with site plans therefore,
City of Auburn, Washington, by ST
has been submitted to thew
CORPORATION, requesting a
Conditional Use Permit to allow duplexes on property zoned R-2
(Single-Family) located easterly of "W" Street NW and westerly
of the terminus of 15th Street NW, 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
held a public hearing to consider said petition in the
Chambers of the Auburn City Hall, on August 20, 1996,
conclusion
approval of
review,
Council
at the
of which the Hearing Examiner recommended the
the issuance of a Conditional Use Permit to allow
Ordinance No. 4908
September 6, 1996
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duplexes on property zoned R-2 (Single-Family)
easterly of "W" Street NW and westerly of the terminus
located
of 15th
Street NW; and
WHEREAS, at the regular meeting of the City Council on
September 3, 1996 the City Council scheduled a closed record
hearing to be held On September 16, 1996; and
WHEREAS, the City Council conducted said closed record
hearing to consider said petition in the Council Chambers of
the Auburn City Hall on September 16, 1996 at 7:30 p.m., at
the conclusion of which the City Council recommended approval
of the issuance of a Conditional Use Permit to allow duplexes
on property zoned R-2 (Single-Family) located easterly of ~W"
Street NW and westerly of the terminus of 15th Street NW;
based upon the following Findings of Fact and Conclusions, to-
wit:
FINDINGS OF FACT
The applicant, ST Corporation, has requested approval of a
preliminary plat, conditional use permit and surface
mining permit that would allow for the development of a
single family/duplex subdivision consisting of 114 lots.
73 of the lots would be for single family homes and the
other 41 lots would be for duplexes. The subject property
Ordinance No. 4908
Septeraber 6, 1996
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is located easterly of "W" Street NW and westerly of the
terminus of 15th Street NW.
The proposal is located within an area that was the site
of a previous operating surface mine. Mining activity had
occurred at the site for over 20 years. The mining
operation itself was substantially complete in 1990. The
mining site is now in the process of being reclaimed and
developed into a residential neighborhood. There have
been two single family subdivisions that have been
completed on the western portion of the mining site.
There is a substantial amount of history associated with
the property. It has been subject to a number of
approvals and renewals of mining permits. It has also
been subject to a number of approvals regarding subsequent
land uses of the mining site. In 1981, the City approved
a conditional use permit that allowed for the construction
of 433 multi-family units on the site. The multi-family
units would have been constructed subsequent to the mining
being completed.
Since the minin9 had not been completed as anticipated,
the City, in 1986, renewed the mining permit and approved
another conditional use permit that allowed for 308
multifamily units. In 1988, a revised conditional use
permit that allowed for 302 multifamily units was also
approved by the City.
The 1988 conditional use permit was conditioned such that
it expired 18 months after the completion of mining of the
site. The mining permit expired in 1990. The 18 month
period then expired and the City took the position that
conditional use permit had become void in that the
requirements of the conditional use permit were not
fulfilled.
In 1993 the applicant, appealed to the Hearing Examiner,
the City Planning Director's decision that the conditional
use permit was null and void as well as contested the
Ordinance No. 4908
September 6, 1996
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Director's decision to require
accommodate the excavation of
latest multi-family project.
another minin9 permit to
material needed for the
o
The Hearin9 Examiner upheld the
decisions. The Examiner's decision
the City Council. The City Council
decision. The case files associated
MIS0004-93 and MIS0009-93.
Plannin9 Director's
was then appealed to
upheld the Examiner's
with the appeals are
In 1993, the applicant filed a 'PETITION FOR WRIT OF
REVIEW AND COMPLAINT FOR DECLARATORY JUDGMENT AND DAMAGES"
in the Superior Court of Washington for Kin9 County, where
it has since been pending.
Since the filin9 of the writ, the City and the applicant
have been workin9 on a resolution that would avoid the
case 9oin9 to trial. This was recently accomplished by
the execution of a settlement agreement.
9 o
The settlement agreement contains provisions that the City
would support a project that consists of a preliminary
plat of 114 lots. 73 of the lots would be for single
family homes and the other 41 lots would be for duplexes
for a total development of 155 units. The City would also
allow for some modifications to the plattin9 standards as
well as expedite the review and approval of the project.
The modifications are discussed further in the preliminary
plat staff report.
10.The preliminary plat as proposed consists of 114 lots. 73
of the lots would be for single family homes and the other
41 lots would be for duplexes for a total development of
155 units. Lots 31, 34-69, 71 and 72, 115 and 116 are the
duplex lots and the remainder are the single ~amily lots.
The duplex lots must have a lot size of at least 12,000
square feet and the single family must have a lot size o~
at least 6,000 square feet as required by the Zonin9 Code.
Ordinance No. 4908
September 6, 1996
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ll. The property is zoned R-2, single family, and pursuant to
Section 18.14.030(C), of the Zonin9 Ordinance, duplexes
may be allowed in the R-2 zone subject to the issuance of
a conditional use permit. A conditional use permit
application is bein9 processed concurrently with the plat
and surface mine applications.
12
.Of the 73 lots that are proposed for the duplexes, only
one (lot 31) will abut any of the existin9 single family
homes in West Beverly Hill Division #1. Ail of the other
duplex lots will be separated from the existin9 single
family homes by a combination of proposed single family
homes and public streets.
13.While duplexes are allowed within the R-2 zone the
development standards for a duplex are the same as a
single family home, e.9., buildin9 height and lot
coverage. The size of the duplex lot does however need to
be twice (12,000 sq. ft.) the size of a single family lot.
14.
The site plan attached with the application indicates that
the conditional use permit meets or is capable of meetin9
all requirements of the Zonin9 Ordinance. The site plan
also illustrates a proposed landscapin9 plan for each of
the duplex lots.
15. The contents of the case file, CUP-0001-94, and the
environmental file, SEP0008-94R, are hereby incorporated
by reference and made part of the record of this hearing.
16. Comprehensive Plan related 9oals, policies and
objectives:
GOAL 7. RESIDENTIAL DEVELOPMENT
To emphasize housin9 development at single family densities,
in order to reestablish a mix of housin9 types appropriate for
a family oriented community, while recognizin9 the need and
desire for both rural density and moderate density housin9
appropriately located to meet the housin9 needs of all members
of the community.
Ordinance No. 4908
Septentber 6, 1996
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Objective 7.1. To establish a
which accommodates a range of
the city.
system of residential densities
housing choices appropriate for
LU-16 In applying
Comprehensive Plan,
designating an area
the land use designations of the
first consideration shall be given to
for single family residential use.
LU-18 Residential development
topography, circulation, and
by policies of this Plan.
should be related to
other amenities, as guided
LU-21 The development of residential areas should
recognize the importance of community and public
facilities in developing a sense of neighborhood and
community.
LU-23 Emphasis shall be placed upon the manner in which
the recreational needs of the residents shall be met in
the approval of any residential development.
LU-25 Areas abutting major arterials should be carefully
planned to avoid potential conflict between the
development of the arterial and single family uses.
Single family uses in such areas should be platted in a
manner which orients the units away from the arterial,
however, non-motorized access between the residential
area and the arterial should be provided. Where such
orientation is not possible, a transition area should be
zoned for moderate density uses. In areas with existing
single family developments, substantial flexibility can
be permitted for street front buffering.
LU-26 Development design should utilize and preserve
natural features, including, but not limited to,
topography and stands of trees, to separate incompatible
land uses and densities.
Ordinance No. 4908
September 6, 1996
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LU-27 Development design should use open spaces, including
parks, to separate incompatible uses.
LU-28 Development codes shall be modified to allow the
City to require that landscaped buffers, natural area
preservation or other measures are utilized to separate
new residential developments from incompatible uses and
major streets. These buffers should permit access
between the residential area and the major street by
pedestrians and bicyclists.
LU-34 Siting of moderate density units shall be encouraged
as a buffer between single family areas and more intense
uses. Such buffering is appropriate along arterials where
existing platting prevents effective lot layout for
single family units. Also, such buffering is
appropriate between single family areas and commercial
and industrial uses. Where there are established single
family areas, the design and siting of moderate density
units shall be controlled to reduce potential conflicts
and to ensure buffering of uses. Higher density units
are not to be considered such a buffer.
GOAL 16 TRANSPORTATION SYSTEM
Auburn will plan, expand, and improve its transportation
system in cooperation and coordination with adjacent and
regional jurisdictions to ensure concurrency compliance with
the Growth Management Act, and to provide a safe and efficient
multimodal system that meets the community needs and
facilitates the land use plan.
TR-13An efficient collector system seeks to spread the
opportunity for movement over alternative routes rather
than directing traffic to a few collectors. Also, ample
alternatives should exist for emergency vehicles to
access areas (in case of a blockage on a street) and to
facilitate movement of police patrols. All developed
areas shall be served by at least two accesses.
A. Access in new development:
Ordinance No. 4908
September 6, 1996
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Cul-de-sacs (or other streets, public or private,
that provide only one outlet to the collector system)
shall not be more than 600 feet long, unless the added
length is caused by environmental constraints or
parcelization issues. Examples of environmental
constraints or development patterns may include, but
not be limited to, a narrow peninsula of land or a
site surrounded by existing development with no
alternative access. Non-motorized paths shall be
provided (when the City determines it to be
necessary), at the end of the cul-de-sac to shorten
walking distances to an adjacent arterial or public
facilities including, but not limited to, schools or
parks.
Residential developments with fewer than 75 units
and under a common management (apartment complexes and
mobile home courts) may limit general access to one
route, provided that additional access routes are made
available for emergency vehicles.
B. Access to existing areas:
Existing dead end streets should be linked to
other streets whenever the opportunity arises, unless
it can be demonstrated that such connections would
lead to a substantial rerouting of through traffic
onto the street. Such dead-end streets shall not be
allowed to serve substantial new development unless
linked to other streets. Where such linkage would
substantially reroute through traffic onto the street,
the new development may be denied.
Objective 16.4. To accommodate through-traffic in the City
as efficiently as possible, with a minimum of disruption to
the local community.
Ordinance No. 4908
September 6, 1996
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PR-2
PR-4
PR-7
PR-8
New developments shall contribute to the development of
new parks at a level commensurate with their share of new
facility needs as established by the Park and Recreation
Plan. If the City determines that the development does
not contain an acceptable park site, the City shall
require the payment of cash in lieu of land. The funds
shall be used to acquire land and/or develop recreational
facilities at a location deemed appropriate by the City.
Criteria for site acceptability and appropriateness shall
be environmental limitations, accessibility, maintenance
costs, consistency with the Parks and Recreation Plan and
the ability to meet more of the Community's recreational
needs by the coordinated development of parks located
elsewhere.
The City shall evaluate the impacts of new development on
parks and recreational resources through the SEPA
environmental review process, and shall take appropriate
steps to mitigate significant adverse impacts.
The City shall seek to retain as open space those areas
having a unique combination of open space values,
including: separation or buffering between incompatible
land uses; visual delineation of the City or a distinct
area or neighborhood of the City; unusually productive
wildlife habitat; wetlands; floodwater or stormwater
storage; stormwater purification; recreational value;
historic or cultural value; aesthetic value; and
educational value.
The City shall seek to retain as open space areas where
the soils have been identified as having severe or very
severe erosion potential, landslide hazard or seismic
hazard.
CONCLUSIONS OF LAW
1. The conditional use permit may be approved. It is
consistent with the criteria set forth in Section
Ordinance No. 4908
September 6, 1996
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18.64.040 of the Zoning Ordinance for the approval of a
conditional use permit.
The first criteria is 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, and will be no more
injurious, economically or otherwise, to property or
improvements in the surrounding area. The proposed
duplexes have been arranged to be the least intrusive to
the existing single family homes located to the west of
the proposal. The development standards for the duplexes
are the same as the existing and proposed single family
homes. Accordingly, the project will not be more
detrimental than a single family development;
particularly, given the significantly reduced density in
this proposal as compared to earlier proposals.
The proposal is in accordance with the goals, policies,
and objectives of the Comprehensive Plan.
The proposal complies with all requirements of the Zoning
Ordinance, or is capable of meeting all Zoning Ordinance
requirements.
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
vicinity. Since the duplexes will have the same
development standards as single family homes, and
landscaping is to be provided, and the location is
designed not to interfere with the existing single family
homes to the west of the proposal, this criteria is
established by the evidence.
Ail impacts to the public infrastructure have been
mitigated and are provided for as part of the preliminary
plat application. Accordingly, this criteria is
established by the evidence.
Ordinance No. 4908
September 6, 1996
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For each of the above referenced reasons, the
recommendation of the Hearin9 Examiner to the Auburn City
Council on this Conditional Use Permit to allow duplexes on
property zoned R-2 (Single-Family) located easterly of ~W"
Street NW and westerly of the terminus of 15th Street NW,
within the City of Auburn, County of King, State of
Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
~ A Conditional Use Permit is
to allow duplexes
located easterly of
hereby approved
on property zoned R-2 (Single-Family)
~W" Street NW and westerly of the terminus
of 15th Street NW, within the City of Auburn, County of King,
State of Washington, legally described on attached Exhibit UA'
made a part hereof as though set forth in full herein.
~ Individual duplexes shall be only allowed per
each lot that has received Final Plat approval. Duplexes
Ordinance No. 4908
September 6, 1996
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shall be limited to lots 31, 34-69, 71 and 72, 115 and 116, as
identified on the preliminary plat drawings, sheet 1 of 12,
dated January 1995 as prepared by Dodds Engineering, Inc., and
entitled ~West Beverly Hill No. 4, Preliminary Plat".
~ Each lot shall be landscaped in accordance
with the landscape plans attached to the conditional use
permit application. The plans are entitled "West Beverly
Division Number 4, Duplex Site Plan" with a revision date of
5/2/96. The landscaping of each lot shall occur prior to
occupancy of any dwelling unit on the lot.
this Ordinance
of Auburn
office of
such
Upon the passage,
as provided by law,
shall cause this Ordinance
the King County Auditor.
~. The Mayor is hereby authorized to
administrative procedures as may be necessary
approval and publication of
the City Clerk of the City
to be recorded in the
implement
to carry
out the directions of this legislation.
~s~J~. 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. 4908
September 6, 1996
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INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhue'ter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 4908
September 6, 1996
Page 13
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION:
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 21 NORTH,
EXCEPT THE PLAT OF WEST BEVERLY BILL DIVISION I, AS PER PLAT RECORDED
IN VOL~IME 140 OF PLATS, PAGES 97 THROUGH 100~ RECORDS OF KING COUNTY;
AND EXCEPT THE PLAT OF WEST BEVERLY HILL DIVISION II, AS PER PLAT
RECORDED IN VOLUME 153 OF PLATS, PAGES i TNROUGH 3, RECORDS OF KING
COUNTY;
AND EXCEPT THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
SEGINNING AT THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST-i/4
OF SECTION 11;
THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST ALONG THE NORTB
LINE OF SAID SOUTHEAST 1/4, 167.57 FEET TO AN INTERSECTION WITH AN ARC
OF A CURVE TO THE LEFT, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 29
DEGREES 32 MINUTES 25 SECONDS EAST, 230.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 237.92 PEET TO A
POINT OF TANGENCY, SAID CURVE HAVING A CENTRAL ANGLE OF 59 DEGREES 16
MINUTES 07 SECONDS AND A RADIUS OF 230.00 FEET;
THENCE SOUTH O1 DEGREES 1t MINUTES 28 SECONDS WEST, 625.11 FEET TO A
POINT OF CURVATURE, THE RADIUS POINT OF SAID CURVE BEARS NORTH 88
DEGREES 48 MINUTES 32 SECONDS WEST, A DISTANCE OF 320.00'FEET;
THENCE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 30.30 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 05 DEGREES 25 MINUTES 30 SECONDS ~O A
RADIUS OF 320.00 FEET;
THENCE SOUTH 83 DEGREES 23 MINUTES 02 SECONDS EAST ALONG A RADIAL LINE
OF SAID CURVE, 60.00 FEET TO A POINT;
THENCE SOUTH 88 DEGREES 48 MINUTES 32 SECONDS EAST 221.70 FEET, MORE
OR LESS, TO THE EAST LINE OF SAID WEST 1/20P THE SOUTHEAST 1/4 OF
SECTION 11;
THENCE NORTH 01 DEGREES 11 MINUTES 28 SECONDS EAST ALONG SAID EAST
LINE 862.07 FEET, MORE OR LESS TO THE POINT OF BEGINNING;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Exhibit "A"
OrdlnanceNo. 4908