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HomeMy WebLinkAbout4481 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 4 8 I AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 114 "D" STREET S.E., WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-2 (SINGLE-FAMILY) TO C-2 (CENTRAL BUSINESS DISTRICT). WHEREAS, Application No. REZ0008-90 has been submitted to the Council of the City of Auburn, Washington, by ROGER D. SOHN, 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 November 20, 1990, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property, and the city Council at their December 17, 1990 meeting held a public hearing and approved the rezoning of the said property, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT The applicant, Roger D. Sohn, applies for a rezone from R-2 (Single Family) to C-2 (Central Business District). Ordinance No. 4481 January 2, 1991 Page I 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 So The subject property is located at 114 "D" Street S.E. and is currently zoned and utilized as a single family residential home. The Comprehensive Plan Map indicates that either the Central Business District designation or the Single Family designation may be appropriate for the subject site. The applicant, who is a dentist, proposes to convert portions of the existing single family home to a lab which will be an accessory use to the existing dental office which abuts the subject site. Surrounding zoning and land uses in the vicinity include C-2, Central Business District, to the north; R-2, Single Family, to the south; R-2, Single Family, to the east; and C-2, to the west. There are existing residential uses to the west while the applicant's existing dental office abuts the subject site directly to the north. The applicant advises that he plans to permit the technician who will be employed at the dental lab to reside in the home with his or her family. The neighborhood to the south and east is designated for single family uses and zoned for same. The neighborhood to the north and west is designated as Central Business District and is zoned for same. Map "D" within the Comprehensive Plan indicates that the single family areas abutting the proposed rezone are designated as single family neighborhoods. At the time of the public hearings held by the Hearing Examiner and City Council, a number of residents in the vicinity expressed severe concerns regarding the potential expansion of the dental office use. Wilson Esterly who resides directly across the street from the subject site indicated severe concerns regarding the amount of on-street parking that the current dental office already utilizes and expressed concern regarding the fact that cars from the dental office park on the street which interferes with his wheelchair-bound childs' Ordinance No. 4481 January 2, 1991 Page 2 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 e 10. 11. ability to egress the school bus. Other residents expressed severe concern about expansion of commercial enterprise in a residential neighborhood, parking, fear of radio-active waste from the dental office use, traffic increases. The applicant indicated at the time of the public hearing a possibility of the dental lab being used to service other dentists. The applicant indicated that he has one associate dentist who works approximately 3 1/2 days per week together with eight employees. The laboratory work to be performed in the converted house would be performed on an as-needed basis for doctor Sohn's patients generally during daytime hours. The Planning Department recognize the neighbors concerns and indicate that it is the City of Auburn's policy to error on the side of protecting single family residential neighborhoods. However, since the subject site is located on the border between the Central Business District and the Single Family Residential zone the City Planning staff still believes that the rezone is appropriate provided it is properly conditioned. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF ~AW The rezone as proposed is consistent with the Comprehensive Plan Map designation, zoning, and relatively consistent with the existing uses in the area. The Comprehensive Plan promotes the protection of all viable single family residential neighborhoods from intrusions by incompatible uses at Goal 17. Also, it is the policy of the Comprehensive Plan to manage areas in transition from existing residential to planned non-residential uses so that the needs of Ordinance No. 4481 January 2, 1991 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 existing residents are balanced with the needs to accommodate new uses. Provided that the rezone is properly conditioned, the goals and policies of the Comprehensive Plan will be promoted. 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-2 (Central Business District), is that it be approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Findings of Fact and Conclusions are herewith incorporated in this Ordinance. Section 2. A rezone from R-2 (Single-Family) to C-2 (Central Business District) located at 114 "D" Street S.E., situate in the City of Auburn, County of King, State of Washington, is hereby conditionally approved and is legally described as follows: Lot 7, Block 1, Truitt's First Addition. Section 3. The house addressed as 114 "D" Street S.E. and situated on Lot 7, Block 1, Truitt's First Addition shall only be used as an accessory use to the dental office located Ordinance No. 4481 January 2, 1991 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 on lots #5 and #6 of Block 1, Truitt's First Addition. The house is not to be used as a dental office or a laboratory use independent from the existing dental office. Any expansion of the existing dental office will be considered on its own merits. No portion of Lot 7 shall be used to meet the development standards associated with the existing dental office. The lab use on the subject site will only be an accessory use for the existing dental office to the north. 8eotio~ 4. Only the basement will be allowed to be used as a dental lab and the conversion of the basement of the house to an accessory dental use shall be dependent upon the Planning Director approving a site plan that meets the requirements of the Zoning Ordinance. The remainder of the house and lot shall continue to be a single family use. Seotion 5. Only the residents of the house may be allowed to work in the lab within the basement and shall be limited to no more than two (2) employees. 8eotion 6. This conditional rezone may only be amended to allow for other uses if a public hearing is held pursuant to Section 18.68.030(B) of the Zoning Ordinance. Ordinance No. 4481 January 2, 1991 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 Seotion 7. 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 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 9. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: Ordinance No. 4481 January 2, 1991 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 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 4481 January 2, 1991 Page 7