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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 7 o 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 3 o 6 o 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"