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
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Reference Number(s) of Documents assigned or released:
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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.
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'Grantee/Assignee/Beneficiary: (Last name first)
1.GHEORGHE GEORGIV
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
N/A
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Assessor's Property Tax Parcel/Account Number I
746890-0100
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r~ Assessor Tax # not yet assigned
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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
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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
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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
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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
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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
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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
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~. 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
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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
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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