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HomeMy WebLinkAbout4950REOEIVED THIS DAY Return 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. 4950 2. 3. 4. Reference Number(s) of Documents assigned or released: ,, i-lAdditional reference # s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) 1.CITY OF AUBURN, A MUNICIPAL CORP. 2. 3. 4. 'Grantee/Assignee/Beneficiary: (Last name first) 1.GHEORGHE GEORGIV 2. 3. 4. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N/A [] Additiona egal is on pageof document. Assessor's Property Tax Parcel/Account Number I 746890-0100 I r~ Assessor Tax # not yet assigned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 9 5 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 903 "E" STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-2 (SINGLE FAMILY) TO C-3 (HEAVY COMMERCIAL). WHEREAS, Application No. REZ0005-96 has been submitted to the Council of the City of Auburn, Washington, by GHEORGHE GEORGIV, 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 January 22, 1997, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on February 3, 1997, considered said request and scheduled a closed record hearing to be held on February 18, 1997; and Ordinance NO. 4950 February 21, 1997 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Whereas the City Council, on February 18, 1997, conducted a closed record hearing and at the conclusion of which modified the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, wit: to- FINDINGS OF FACT o 4 o The applicant, Gheorghe Georgiv, has applied for a rezone from R-2, Single Family, to C-3, Heavy Commercial. The subject property is located at 903 "E" Street SE. Surrounding zoning and land uses in the vicinity include C-3, gas station to the north; R-2, single family, to the south; R-2, single family, to the east; and C-3, restaurant, to the west. The subject property is designated for heavy commercial uses in the Comprehensive Plan like all properties in the surrounding vicinity would be with the exception of property to the south which is still designated for single family residential uses. The subject property is designated for heavy commercial uses due to its location on Auburn Way South, a designated arterial. The rezone application is not submitted with a site plan or with any intent to immediately redevelop the property. The applicant has indicated that his long term intent is to operate an automobile related use on the property as allowed by the C-3, Heavy Commercial, zoning. Ordinance No. 4950 February 21, 1997 Page 2 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 l? 18 19 20 2! 22 23 24 25 26 The neighbors are concerned with traffic and noise that a C-3 use may generate and these neighbors, who reside on ~E" Street and south of the proposal, have raised a number of concerns. The single family neighborhood to the south is still a viable neighborhood and should be protected to the extent possible. However, the subject property is designated for heavy commercial uses. When the home on the subject lot eventually converts to a commercial use, the Planning Director should be presented with a site plan which addresses neighborhood concerns including, but not limited to, parking, driveways, lighting, landscaping, and traffic. The intent of the site plan should be address the concerns of the neighborhood. In addition, the Zoning Code does require additional setbacks and buffering when a C-3 use directly abuts a single family residential zone as in this instance. Although the rezone is most definitely consistent with the Comprehensive Plan and is required to be approved, there are a number of issues which should be discussed. The residential neighborhood between "A" Street and Auburn Way South has been and is impacted by commercial intrusion. Decades ago decisions were made concerning underlying zoning and development and the result is seen primarily on arterial streets and within the first block or so from the street. Less than desirable impacts result when commercial and/or industrial intrusions results in making established neighborhoods less than desirable and stable. The owner occupancy rate decreases in the adjacent neighborhoods. The subject property is an area of focus of the City's ongoing neighborhood preservation program and similar issues have been raised during a recent review of the proposed expansion of the Auto Auction. The City of Auburn Planning staff believes the issue warrants a formal review in the form of a detailed neighborhood plan which would provide for an educated appraisal of the situation, discussion of alternatives, public interaction, and coordinated Ordinance No. 4950 February 21, 1997 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 solutions. The Planning Department the Council consider such an recommendation is supported. is recommending that approach, and this The contents of the case file environmental file (SEP0034-96), are by reference as is the staff report. (REZ0005-96) and incorporated herein 2 o CONCLUSIONS OF LAW The rezone may be approved. The proposal is consistent with the Comprehensive Plan map designation, zoning, and existing uses in the area. The property abuts one of the most heavily traveled arterials in the City. Given the location of the property and its Comprehensive Plan map status, it would be difficult to maintain a viable single family home on the subject property. Accordingly, the rezone should be approved. It is appropriate for a commercial use to exist on the property; however, as many protections as are reasonably possible should be afforded to the neighborhood to the south including additional landscaping. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone from R-2 (Single Family) to C-3 (Heavy Commercial) is modified and approved. NOW, THEREFORE, THE CITY COUNCIL WASHINGTON, DO ORDAIN AS FOLLOWS: OF THE CITY OF AUBURN, Ordinance No. 4950 February 21, 1997 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. ~ The following described property located at 903 "E" Street SE, situate in the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from R-2 (Single Family) to C-3 (Heavy Commercial) and legally described as follows: Lot 20, Block 1, Ryan's Addition to Auburn, according to the Plat thereof recorded in Volume 51 of Plats, Page 36, in King County, Washington. The above rezone is hereby approved subject to the following conditions: Prior to the home being converted to a commercial use, the applicant shall prepare a site plan for the Planning Director, the Traffic Engineer, and other appropriate City officials' approvals. The site plan shall address parking, landscaping, exterior lighting, and driveway location. The Planning Director, the Traffic Engineer, and other appropriate City officials shall have the authority to modify the site plan as necessary in order to afford as much protection to the single family neighborhood to the south as possible. Ordinance No. 4950 February 21, 1997 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o A 10 foot width of Type I landscaping shall be installed along the entire length of the south property line. A 6 foot high wooden fence shall also be constructed along the south property line where such a fence does not now exist. The fence shall be constructed of materials similar to the existing fence. The height of the fence and landscaping may be adjusted to avoid any sight distance issues. ~ 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. ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~ 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. 4950 February 21, 1997 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance NO. 4950 February 21, 1997 Page 7 CHARLES A. BOOTH MAYOR