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Home My WebLink About5334V. bo Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 030 0 TIT MZSC 008 15.00 1 WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ORD 5334 (REZ0001-99) C,� \�j Reference Number(s) of Documents assigned or released: []Additional reference #'s on page _ of document @ PK, C �,) .11 r -7� _ l Grantor(s) (Last name first, then first name and initials) 1. City of Auburn Grantee: (Last name first) 1. Heutmaker, Joe Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW 21-21-05 50 Additional legal is on page q of the document. Assessor's Property Tax Parcel/Account Number: 212105-9050 `� - U -�; � _ . , :.>t!; s) °��; •. filed for TitIQ Q� ❑ Assessor Tax # not yet assigned s �,- ORDINANCE NO. 5 3 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 3415 AUBURN WAY SOUTH WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM CN (NEIGHBORHOOD COMMERCIAL) TO C-1 (LIGHT COMMERCIAL). WHEREAS, Application No. REZ0001-99 dated March 8, 1999, has been submitted to the City of Auburn, Washington, by Joe Heutmaker, requesting the rezoning of the real property located at 3415 Auburn Way South from CN (Neighborhood Commercial) to C-1 (Light Commercial) and hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Cn Ordinance by this reference; and 0 o WHEREAS, said request above referred to the Hearing Examiner for study � and public hearing thereon; and 0 C= WHEREAS, the Hearing Examiner, based upon staff review, held a public 0 0 C" hearing to consider the request in the Council Chambers of Auburn City Hall on November 16, 1999, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on December 20, 1999, considered said request and affirmed the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: Ordinance 5334 December 27, 1999 Page 1 FINDINGS OF FACT 1. The applicant, Joe Heutmaker, has requested that his property located at 3415 Auburn Way South be rezoned from its existing zoning of CN, Neighborhood Commercial, to a proposed C-1, Light Commercial, zoning. The property is .77 acres in size and is currently vacant. 2. The applicant proposes to construct a 7,200 square foot retail/service building together with the required amount of parking. 3. The subject property abuts Auburn Way South which is a heavily traveled arterial. Auburn Way South currently provides for two lanes of travel together with a center left turn lane. The traffic report that was completed for the project concludes that 9 PM peak vehicle trips will be generated by the project and no off-site traffic improvements will be required. That portion of the roadway that abuts the property will need to meet the City's "half street" ordinance requirements. 4. The Comprehensive land use map designation for the property is Light Commercial. The City Council in 1995 changed the designation from Neighborhood Commercial to the existing Light Commercial designation. It co was decided at that time that a Neighborhood Commercial designation was a too restrictive and was not allowing for any commercial development in the C= area. The property to the north and west was also changed from Neighborhood Commercial to Light Commercial as well. The property to the north has since developed. 0 o 5. At the time of the public hearing, citizens expressed concern particularly with oregard to the traffic impact of the proposed rezone. In addition, concern was expressed concerning general development and tree removal and its effect on wildlife: 6. The proposed rezone is consistent with the Comprehensive Plan designation. The environmental impacts have been determined and mitigated. There is no legal or factual basis to prevent the property from being rezoned. 7. The contents of the case file #REZ0001-99 and the environmental file #SEP0010-99 of this project are hereby incorporated by reference and made part of the record of this hearing. Ordinance 5334 December 27, 1999 Page 2 CONCLUSIONS OF LAW 1. The rezone as requested is consistent with the City of Auburn Comprehensive Plan Map designations, zoning, and existing uses in the area. 2. There is no legal or factual basis upon which the rezone could be denied. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. The above-cited Hearing Examiner's Findings of Fact, Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. The following property located at 3415 Auburn Way South Cn and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by Q C=) this reference, in the city of Auburn, County of King, State of Washington, be and C=D the same is hereby rezoned from CN, Neighborhood Commercial to C-1, Light C 0 C=) Commercial. 0 cl-i Section 3. 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 of the remainder Ordinance 5334 December 27, 1999 Page 3 of this ordinance, or the validity of its application to other persons or circumstances. Section 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. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided V— by law. 00 0 0 C= en a C= 0 0 N Ordinance 5334 December 27, 1999 Page 4 INTRODUCED: January 3, 2000 PASSED: January 3, 2000 APPROVED: January 3, 2000 0 SW& n 1 aaze— CHARLES A. BOOTH MAYOR C:) 0 0 ATTEST: A.42*t� tk-z� Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED: /- 2— Ordinance 5334 December 27, 1999 Page 5 0 m 0 Cn C:) O d CV LEG_k?, DFSCRTPjjQN OF PROPERYY THE NORTH 225 FEET'OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF. THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; LESS ROAD. Exhibit "A", Ordinance 5334 Co c 0 a a g* -s a co C=) C=31 C' 4