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HomeMy WebLinkAbout5887 Return Address: Auburn City Clerk City of Auburn 25 West Main Sl. Auburn, WA 98001 I I II I 20050822000171 PACIFIC NW TIT ORD 42.00 PAGE001 OF 011 08/22/2008 09:28 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Conditional Use Permit (Ordinance 5887) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) J~ CITY OF AUBURN \.!lJ I +"d--. (,Jt-\.;rr "', -\~ Grantee/Assignee/Beneficiary: (Last name first) Developers Northwest r8CPt1by Pdc NolthwestTille 86 aooommodaIion only.llhaa not bIIllln 9Xamloed as 10 proper ~wA(;\oIIno or lit! to itlI aH.:t upon Iitle. Legal Description (abbreviated: i.e, lot, block, plat or section, township, range) Lot 2 of the City of Auburn short plat No. SP-14-79 I8J Additional legal is on page 11 of document Assessor's Property Tax Parcel/Account Number 214980-0325 o Assessor Tax # not yet assigned ORDINANCE NO. 5 8 8 7 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW TWO DUPLEXES TO BE BUILT ON ONE LOT IN AN R3 DISTRICT ON POPERTY AT 1510 3RD STREET SE IN AUBURN, WASHINGTON WHEREAS, Application No. CUP04-0003, dated June 18, 2004, has been submitted to the City of Auburn, Washington, by Developers Northwest, Inc. requesting approval of a Conditional Use Permit (CUP) to allow two duplexes to be built on one lot in an R3 district on property at 1510 3rd Street SE in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on November 16,'2004, of which the Hearing Examiner recommended approval of the Conditional Use Permit on November 26, 2004; and WHEREAS, the City Council, on December 20, 2004, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: Ordinance 5887 December 15, 2004 Page 1 FINDINGS OF FACT 1. The Applicants requested approval of a Conditional Use Permit (CUP) to allow up to two duplex units on a single lot, which they seek to create by short platting a single lot (SPL04-0001). The Applicants also requested approval for modification of short plat development standards in Auburn City Code (ACC) 17.14.100(E)(1) in association with SPL04-0001, to be located at 1510 3rd Street SE, in Auburn, Washington. The modification is necessary because the proposed short plat does not border on an open, constructed, and maintained public street, as is required under ACC 17.14.100(E)(1), and is landlocked except for a private easement access shared by five other lots. Exhibit 3, page 3; Testimony of Mr. Osaki; Exhibit 3, Attachment E. 2. The subject property is zoned Two-Family (Duplex) Residential (R3). Surrounding properties are zoned R3 in all directions. The Comprehensive Plan Land Use designation of the area is Moderate Density Residential. Property immediately to the south is presently vacant; however, a portion of it is the subject of a separate short plat application. South of that property is a railroad right-of-way and State Route 18. The parcel to the east is vacant, but appears to have a mobile home parked on it. On the lot west of the subject property, there is multifamily residential development, which is common in the vicinity. Exhibit 1, page 2; Exhibit 1, Attachment F, Aerial Photograph. The intent of the R-3 duplex residential district is to permit an increase in density by permitting two dwelling units on a minimum size lot while maintaining a desirable family living environment through minimum lot areas, yards, and open spaces. ACC 18.16.010. 3. Written Notice of Application and Notice of Hearing on both the CUP and the modification applications were mailed to surrounding property owners and posted on the property at least ten days prior to the hearing. Exhibit 1, Attachments C, D, and E; Exhibit 3, Attachments D and E; Testimony of Mr. Osaki. 4. There is one existing single-family residence presently on the subject property. The property is oversized and underutilized in a zoning district that encourages higher density residential development. Exhibit 3, page 3; Testimony of Mr. Osaki. The short plat associated with the present Ordinance 5887 December 15,2004 Page 2 applications (SPL04-0001) would subdivide the subject property into two J lots. The Applicants propose to retain the existing residence on one lot, and to develop the remaining portion, to be known as Lot E, with up to two duplex units. Exhibit 1, page 2. Two duplex units are permitted on a single lot in the R3 district with a conditional user permit, provided that at least 3,600 square feet of lot area is provided for each dwelling unit. ACC 18.16.030(8). Lot E would have an area of 14,690, which would allow for at least 3,600 square feet per dwelling unit. Exhibit 1, page 2. Conformity with setback and other development standards would be addressed at short plat approval and building permit review. The Applicants would be required to construct and install public utility connections prior to building permit approval. There is no indication that the proposed density would negatively impact public infrastructure. Exhibit 1, page 3; Testimony of Mr. Osaki. 5. The Comprehensive Plan Land Use designation for the subject property is Moderate Density Residential. Land Use Policy 34 promotes construction of moderate density residential development as a buffer between single-family residential and more intense uses. The area is developed with a mix of single-family and multifamily development, but has a railroad right-of-way and state highway located to the south. City staff testified that development of the subject property with moderate density multifamily residential units would act as a buffer between the more intense public transportation uses to the south and single-family development farther north. Exhibit 1, page 3; Testimony of Mr. Osaki. Construction of two duplexes on Lot E would be consistent with surrounding development and would not alter the residential character of the neighborhood. Exhibit 1,page 3; Exhibit 1, Attachment F, Aerial Photograph. 6. CUPs approved in the City of Auburn have a two year expiration date. If building or occupancy permits are not issued within two years, the CUP becomes null and void. ACC 18.64.060. 7. City planning staff reviewed the CUP application for consistency with applicable development regulations and policies and recommended approval subject to the condition that if the short plat application is not approved, the CUP should be denied. Exhibit 1, page 4; Testimony of Mr. Osaki. Ordinance 5887 December 15, 2004 Page 3 8. The subject property is accessed by a private ingresslegresslutility easement (private access easement) that connects to 3rd Street SE over adjoining private property. Exhibit 1, page 2; Exhibit 1, Attachment F, Aerial Photograph. Presently, the private access easement serves six lots and one tract immediately south of the subject property. Exhibit 1, Attachment B, Easement. 9. The City's subdivision rules regulate the division of land for the following purposes: to promote public health, safety, and general welfare; to prevent public nuisances; to prevent overcrowding and congestion; to promote safe travel on public roadways; to promote the effective use of land; to provide for adequate light and air; to facilitate adequate provision of water, sewer service, drainage, parks, recreational areas, and school grounds; to provide for proper ingress and egress; to promote adequate housing and commerical space to meet area needs; to provide expeditious review of proposed land divisions; and, to implement the goals, objectives, and policies of the Auburn Comprehensive Plan. ACC 17.02.030. 10. The City of Auburn requires all short subdivisions either to border on an opened, constructed, and maintained public street, or to border on a private street, access easement, tract, or panhandle having direct access to such a public street. Where private easement access is used, the City requires the access to be improved or guaranteed to the City of Auburn and be in conformance with the City of Auburn design and construction standards. ACC 17.14.100(E)(1). 11. Strict application of the requirements of ACC 17.14.100(E)(1) would prevent the Applicants from being able to develop underutilized land consistent with City land use policies and goals and consistent with the ability of owners of surrounding properties that are not landlocked. Exhibit 3, page 3. 12. Developers may request modification of any standard or specification established Auburn's subdivision regulations. The hearing examiner may recommend, and the city council may approve, a modification upon making the findings of fact in ACC 17.18.030 (listed in the criteria for review, below). ACC 17.18.020. Ordinance 5887 December 15, 2004 Page 4 13. Without approval, the subject property would remain the largest parcel in the area. Approval of the modification would allow access and would thus allow additional multifamily residential development. Without the requested modification from City road standards, the subject property would remain underdeveloped. Exhibit 3, page 3. Approval of the modification would not render the project inconsistent with any other provisions of the Comprehensive Plan or the zoning code, nor with the existing character of the neighborhood. Testimony of Mr. Osaki; Exhibit 3, page 3. 14. Approval of the requested modification would be consistent with the purpose of the subdivision code because it would further the goals of achieving higher urban densities in the underlying district, increase available housing, and promote the effective use of land. Utility and circulation plans would not be impacted because there is no possibilty for extension to the south due to the railroad right-of-way and state highway. Exhibit 3, page 3. CONCLUSIONS OF LAW Pursuant to ACC 18.64.040, to recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The use will have no more adverse effect on the health, safety, or comfort of persons living or working in the area, and will be not more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the area. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of the zoning ordinance. 4. 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. 5. The proposal will not adversely affect public infrastructure. Ordinance 5887 December 15, 2004 Page 5 Conclusions Based on Findinas 1. Approval of the CUP allowing two duplexes on Lot E would not be detrimental to surrounding properties or the general public welfare. Duplexes are permitted outright in the R3 district, and Auburn's zoning code specifically contemplates two duplexes on one lot with issuance of a CUP. The land use designation is moderate density residential. There are duplex and larger multifamily developments in the vicinity. Lot E will exceed the minimum area requirement of 3,600 square feet per unit if four dwelling units are developed. Conformance with setbacks will be ensured through building permit review. The record contains no evidence indicating that to allow four units on the large Lot E would negatively impact surrounding development. Findings of Fact Nos. 2 and 4. 2. Approval of a CUP to allow construction of two duplexes on Lot E will be in conformance with the Comprehensive Land Use Plan. The land use designation of the subject property is Moderate Density Residential. The parcel is large and currently underutilized. Construction of two duplex units, rather than one, would better serve the purposes of Land Use Goal 34 by serving as an increased buffer between the more intense public transportation uses to the south and single-family development in the area. Findings of Fact Nos. 2, 4, and 5. 3. Approval of a CUP to allow construction of two duplexes on Lot E will be in conformance with the requirements of the underlying zoning district. Zoning regulations allow two duplex units on one lot provided that at least 3,600 square feet of lot area is provided to each dwelling unit. Lot E would have an area of 14,690 square feet, which would allow for at least 3,600 square feet per dwelling unit. Compliance with setbacks and all other zoning district requirements will be ensured through the short plat and building permit processes. Finding of Fact No. 4. 4. Construction of up to two duplexes on Lot E will be harmonious with surrounding development. The neighborhood is characterized by a mix of single-family, duplex, and multifamily residential development, with a railroad right-of-way and state highway not far to the south. Lot E, if approved, will be large and provide adequate space for up to four Ordinance 5887 December 15,2004 Page 6 dwelling units. Appearance and design of any residential structures will be reviewed for consistency with the character of the neighborhood at short plat approval and building permit review. Findings of Fact Nos. 2, 4, and 5. 5. Construction of up to four dwelling units will not adversely impact public infrastructure. Utilities connections will be provided by the Applicants prior to building permit issuance. No impacts to utilities or circulation plans are anticipated because there is no possibility of a through connection to the south due the railroad right-of-way and highway. Finding of Fact NO.4. DECISION For each of the above reasons, the Hearing Examiner recommended approval the Conditional Use Permit to the Auburn City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit to allow two duplexes to be built on one lot in an R3 district on property at 1510 3rd Street SE in Auburn, Washington, legally described in Exhibit A attached hereto, is hereby approved. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity Ordinance 5887 December 15, 2004 Page 7 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recordina. 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, Division of Records and Elections. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: DEe 2 0 2004 DEe 2 0 2004 PASSED: APPROVED: ni=T 2 0 2004 ---- .~ '-----'" PETER B. LEWIS MAYOR Ordinance 5887 December 15, 2004 Page 8 ATTEST: ~~!1u-'-~ Danielle E. Daskam, City Clerk TO FORM: PUBLISHED : \ z.\2.~ I o~ Ordinance 5887 December 15, 2004 Page 9 ~~. EXHIBIT A LEGAL DESCRIPTION Lot 2 of the City of Auburn short plat no. SP-14-79, as recorded December 6, 1979 under recording no. 7912060706, records of King County Auditor. Ordinance 5887 December 15, 2004 Page 10