HomeMy WebLinkAbout5062Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. ORDINANCE NO. 5062
2.
Reference Number(s) of Documents assigned or released:
r--~Additional reference #'s on page __ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
1 .City of Auburn
2.
3.
4.
Grantee/Assignee/Beneficiary: (Last name first)
4. AUBURN NORTH ASSOCIATES (CUP0005-97)
Legal Description (abbreviated .e. lot, block, plat or section, township,
Please see EXHIBIT A on Page 11
[~Additional legal is on page 1 1 of document.
Assessor's Property Tax Pa. rcel/Account Number
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 0 6 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING
FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION
OF A 296-UNIT MULTI-FAMILY COMPLEX ON PROPERTY ZONED C-1
(LIGHT COMMERCIAL) LOCATED ON 10TM STREET NORTHEAST, WITHIN
THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0005-97 dated May 29, 1997,
together with site plans therefore, has been submitted to
the City of Auburn, Washington, by AUBURN NORTH ASSOCIATES,
requesting a Conditional Use Permit to allow for the
construction
zoned C-1
Northeast, within the City
hereinafter described in Section 2
WHEREAS, said request
to the Hearing Examiner
thereon; and
of a 296-unit multi-family complex
(Light Commercial)
on property
located on 19tn Street
of Auburn, Washington,
of the Ordinance; and
above referred to, was referred
for study and public hearing
Ordinance No. 5062
December 29, 1997
Page 1
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 December 16,
1997, at the conclusion of which the Hearing Examiner
recommended the approval of the issuance of a Conditionai
Use Permit to allow for the construction of a 296-unit
multi-family complex, on property zoned C-1 (Light
Commercial) located on 10~h Street Northeast, within the
City of Auburn, Washington; and
WHEREAS, the City Council, on December 29, 1997,
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 296-unit multi-family
complex, on property zoned C-1 (Light Commercial) located on
10TM Street Northeast, within the City of Auburn, based upon
the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicant, Auburn North Associates, has requested a
conditional use permit that would allow for the
construction of a 296 unit multi-family complex. The
applicant indicates that portions of financing for the
project will be public financing and that there will be
226 one bedroom units ranging in size from 431 to 432
square feet, and 72 two bedroom units ranging in size
Ordinance No. 5062
December 29, 1997
Page 2
from 649 to 679 square feet. These small units are
designed for a specific population, senior citizens.
The subject property is located on the south side of l0th
Street NE, if extended, and on the west side of the Fred
Meyer parking lot.
4 o
The parcel is zoned C-i, Light Commercial, and pursuant
to Section 18.26.030(A), of the Zoning Ordinance,
apartments are allowed in the C-1 zone subject to the
issuance of a conditional use permit.
The subject property is also located in the Auburn North
Business Area. A special plan was adopted for this area
in 1992 that among other things allowed for high density
multi-family units, but also required the ground floor
of the multi-family complex to contain commercial uses.
The subject parcel is approximately 9.34 acres in size.
The multi-family complex will consist of 3 buildings,
each three stories, and will total 296 units. The C-1
zone requires 1,200 square feet of lot area for each
unit. The 296 units would require 355,200 square feet
and the 9.34 acre site would provide for 406,850 square
feet. The Auburn Zoning Ordinance at Section
18.52.020(A) (7) requires one parking space for each four
units of elderly housing. The 296 units would therefor
require 74 spaces and the site plan illustrates 160.
Some of this parking is likely to be lost in order to
meet some on-site landscaping and pedestrian design
requirements.
5. While the parcel is over nine acres in size only the
eastern ~ of the site will contain the proposed complex.
The western ~ is largely encumbered by a wetland. The
site plan illustrates that only one building will have
frontage on l0tn Street and the other two will be on its
south side. A 2,200 square foot commercial area will be
provided in the building that fronts on l0th street.
Each building will have its own exterior courtyard.
6. A number of studies were done as part of the
environmental review for the project, including
geotechnical, wetland and traffic. The traffic study
indicated that the project would generate 24 vehicle
Ordinance No. 5062
December 29, 1997
Page 3
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o
trips in the PM peak hour. The Mitigated Determination
of Non-significance (MDNS) issued for the project
required traffic improvements including adjacent street
construction and participation in off site street
improvements. The MDNS also required wetland mitigation
including buffering.
The Auburn North Business Area Plan contains a number of
design policies, including building design, landscaping,
pedestrian access, parking, etc. The developer is
required to submit a site plan for the Planning
Director's approval prior to the issuance of building
permits. While the submitted site plan is generally
consistent with these policies, a final site plan will
need to be provided to the City that addresses all City
requirements and specifically address landscaping,
pedestrian access, and exterior architecture.
There are a number of policies from the Auburn North
Business Area Plan relating to open space amenities,
high density multi-family development, public entry to
the building, and pedestrian and vehicle circulation
which relate to this project. It appears that it is the
intent of the project to implement the policies of the
Auburn North Business Plan.
The contents of the case file #CUP 0005-97 and the
environmental file #SEP0029-97 of this project are
hereby incorporated by reference and are part of the
record herein.
CONCLUSIONS OF LAW
There are a series of criteria which must be
established before a variance can be granted before a
conditional use permit can be granted. These criteria
are set forth in Section 18.64.040 of the Zoning
Ordinance.
2. The use will have no more adverse effect on the health,
safety or comfort of persons living or working in the
Ordinance No. 5062
December 29, 1997
Page 4
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area, and will be no more injurious, economically or
otherwise, to property or improvements in the
surrounding area, than would any use generally
permitted in the district.
Since the project is a senior housing development it will
have less of an impact to the surrounding area than any
other commercial or multi-family project primarily in the
terms of traffic and parking. The design policies of the
Auburn North Plan will also ensure the project will not
be an impact as well.
The proposal is in accordance with the goals, policies
and objectives of the Comprehensive Plan.
The project has been designed in accordance with the
Auburn North Area Business plan and is conditioned to
further ensure compliance with the applicable policies of
the Plan.
The proposal complies with all requirements of the Zoning
Ordinance.
The proposal either complies with all requirements of the
Zoning Ordinance or can be designed to be in compliance.
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.
The design policies of the Auburn North Area Business
Plan will ensure the project will be harmonious with
the area.
The proposal will not adversely affect the public
infrastructure.
Any adverse impacts have been mitigated through issuance
of the Mitigated Determination of Non-Significance, which
contains 21 conditions of approval.
Ordinance No. 5062
December 29, 1997
Page 5
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to allow for the
construction of a 296-unit multi-family complex, on property
zoned C-1 (Light Commercial) located l0th Street Northeast,
within the City of Auburn, Washington, is approved.
NOW, THEREFORE, THE CITY COUNCIL OF T~E CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings
Conclusions, are herewith incorporated in this
of Fact and
Ordinance.
Section 2. A Conditional Use Permit is hereby approved
to allow for the construction of a 296-unit multi-family
complex, on property zoned C-1 (Light Commercial) located
on 10tn Street Northeast, within the City of Auburn, County
of King, State of Washington, legally described on attached
Exhibit ~A".
Se~tlon 3. A final site plan be submitted to the
Planning Director that illustrates compliance with this
permit, the MDNS and the requirements of the Auburn North
Area Business Plan. The plan shall be submitted prior
Ordinance No. 5062
December 29, 1997
Page 6
submittal of any building permit and shall be approved by
the Director prior to the issuance of any building permit.
Section 4. Section 18.52.020(A} (7) of the Zoning
Ordinance requires a parking agreement in order to reduce
the amount of parking for the senior housing. The agreement
shall be approved and recorded prior to the issuance of
building permit.
Section 5. The ordinance
use permit shall contain a legal description
the entire 9.34 acre site.
any
that approves the conditional
that encumbers
Section 6. This site shall be utilized for senior
housing as represented. If the use changes, i.e., if the
site is utilized for less than 75% senior housing,
particularly on the area of
additional environmental review,
parking and traffic mitigation, will be required.
Section 7. Upon the passage, approval and
of this Ordinance as provided by law, the
City of Auburn shall cause this Ordinance
the office of the King County Auditor.
publication
City Clerk of the
to be recorded in
Ordinance No. 5062
December 29, 1997
Page 7
Section 8.
such administrative procedures as may be
out the directions of this legislation.
Section 9. This Ordinance shall
force five days from and after its
publication as provided by law.
The Mayor is hereby authorized to implement
necessary to carry
take effect and be in
passage, approval and
INTRODUCED:
PASSED:
APPROVED:
December 29,1 1997
December 29, 1997
December 29f 1997
CHARLES A. BOOTH
MAYOR
Ordinance No. 5062
December 29, 1997
Page 8
ATTEST:
Danielle E. Daskam,
Acting City Clerk
APPROVED AS TO FORM:
PUBLISHED:
Ordinance No. 5062
December 29, 1997
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
PARCEL A
The East 327.5 feet of the South 660 feei of the Southeast quarter of the Southeast quarter of
Section 12, Township 21 North, Range 4 East, W.M., in King County, Washin~on:
Except that port/on thereof, if any, lying North of a certain fence along whic5 the North
boundary of the premises was fixed by Decree entered April 14, 1928 in King Count),
Superior Court Cause Number 206455.
PARCELB
The East half of the following described parcel of land:
Begirming at a point on the South line of Section 12, Township 21 North, Range 4 East,
W.M., in King Court .ty, Washington, said point being 327.5 feet West of the Southeast comer
of said Section 12; framing
Thence North 660 feet;
Thence West 593 feet, more or less, to Cae easterly margin of the Nonhero Pacific Railway
Company's right of way;
Thence Southerly. along sa.id right of way margin, 660 feet, more or less, to the South line of
sa. id Section 7; '
Thence East, along said South line, 584.5 feet, more or less, to the point of beginning;
Except that portion thereof, if any, lying northerly of a certain fence along ~vhich the North
boundary of said premises was fixed by Decree entered April 14, 1928 in King Count)-
Superior Court Cause Number 206455.
Ordinance No. 5062
Exhibit "A"