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ORDINANCE NO. 4 6 I 4
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF PROPERTY LOCATED AT 12 and 18 "D" STREET S.W.,
WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING
CLASSIFICATION THEREOF FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO
C-3 (HEAVY COMMERCIAL).
WHEREAS, Application NO. REZ0005-92 has been submitted to
the Council of the City of Auburn, Washington, by JACK L.
JONES, requesting the rezoning of the real property
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 review,
held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on February 17, 1993, at the
conclusion of which the Hearing Examiner recommended the
approval of the rezoning of said property based upon the
following Findings of Fact and Conclusions of Law:
FINDINGB OF FACT
The applicant, Jack L. Jones, requests a rezone of
property from R-4, Multi-family Residential, to C-3,
Heavy Commercial.
The subject property, located at 12 & 18 "D" Street S.W.,
is approximately 8,500 square feet in size and is
currently zoned R-4, Multi-family Residential. The
Comprehensive Plan designates this subject site for heavy
commercial uses.
The rezone consists of two separate parcels of property.
The northerly parcel contains a residential structure
Ordinance No. 4614
March 8, 1993
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which has received substantial fire damage.
southerly parcel contains a single family home.
The
4e
The parcel which contains the fire damaged structure sits
on two lots. The northerly lot which is 3,600 square
feet in size is zoned C-3. The southerly lot is zoned R-
4.
Se
The applicant for the rezone is also the proprietor of
Auburn Lawn and Garden. This business is zoned C-3,
Heavy Commercial, and abuts the proposed rezone on the
north and east sides. It is the applicants intention to
expand this business into the proposed rezone area.
6e
Upon approval of the rezone, the entire block would be
zoned C-3. The one exception is the lot on the southwest
corner of the block which is zoned R-4. This lot is
5,716 square feet in area and contains a single family
home. The Zoning Ordinance requires a 10-foot width of
landscaping to buffer a C-3 zone from an R-4 zone. If
the rezone is approved, the landscaping will be required.
While the property is zoned R-4, it is apparent that the
rear yard of the southerly parcel is currently used as a
storage yard for lawnmowers and other lawn and garden
equipment. Outdoor storage is not a permitted use in the
R-4 zone.
e
The staff report, with its recommendation of approval, is
incorporated herein.
CONCLUSIONS OF LAW
The rezone may be approved in that it is consistent with
the Comprehensive Plan Map. The proposed rezone is also
consistent with the zoning designations in the
Comprehensive Plan and existing uses in the area. It
would be difficult to rebuild the fire damaged structure
with the current split zoning. It is therefore in the
public interest that the rezone be approved.
WHEREAS, on March/f, 1993, the City Council reviewed the
Hearing Examiner's recommendation and the above referenced
Findings of Fact and Conclusions of Law and thereafter
Ordinanc~ No. 4614
March 8, 1993
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affirmed the Hearing Examiner's recommendation to approve the
rezone.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
8eotion ~. The above-cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
8eotion Z. A rezone from R-4 (Multi-Family Residential)
to C-3 (Heavy Commercial), located at 12 and 18 "D" Street
S.W., situate in the City of Auburn, County of King, State of
Washington, is hereby approved and is legally described as
follows:
Parcel A: The north 5 feet of Lot 11, all
of Lot 12, and the south 25 feet of Lot
13, all in Block 2, Milner, according to
the plat thereof recorded in Volume 3 of
Plats, page 3, in King County, Washington.
(Parcel No. 554730-0120-08).
Parcel B. The north 20 feet of Lot 10 and
the south 25 feet of Lot 11, all in Block
2, Milner, according to the plat thereof
recorded in Volume 3 of Plats, page 39, in
King County, Washington. (Parcel NO.
554730-0110-00).
Both parcels include portions of vacated
Brannon Street (now "D" Street Southwest),
adjacent.
Beotion 3.. Either the lawn mowers and other outdoor
storage be removed from the rear yard of lots 10 and 11, or a
10-foot width of type I landscaping, as required by Auburn
Ordinance No. 4614
March 8, 1993
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City Code Section 18.50.050(E) (3) and 18.50.060(6), be
installed along that portion of the outdoor storage that is
visible or' abuts the R-4 zoned lot on the south side of the
rezone. The removal of the outdoor storage or the landscaping
shall occur within 90 days of the approval of the rezone.
8motion 4. 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.
Seotion 5. The Mayor
such administrative procedures as may
out the directions of this legislation.
8motion $. This Ordinance shall
force five days from and after its
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
is hereby authorized to implement
be necessary to carry
take effect and be in
passage, approval and
MAYOR
Ordinance No. 4614
March 8, 1993
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Shelton,
City Attorney
PUBLISHED:
Ordinance No. 4614
March 8, 1993
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