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Home My WebLink About53900Cr 1 7 2000 CRIT OFAUBURN C nY CLERKS OFFICE Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 1111111111111111 10 40 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 6/15, 1. ORDINANCE NO. 5390 (REZ0007-99) 7�0Gt%rAl-0532-/2 Reference Number(s) of Documents assigned or released: ]Additional reference Ws on page _ of document 3rantor(s) (Last name first, then first name and initials) I. City of Auburn 3rantee: (Last name first) 1. City of Auburn .egal Description (abbreviated: i.e. lot, block, plat or section, township, range) 9-21-05 K Additional legal is on page 7 & 8 of the document. kssessor's Property Tax Parcel/Account Number: SW d0wm0 ►t(a) wwv tial for Few by Pscffla Nodhw" 7 -ft go 192105-9342 "0i� 0" may. ft h" "0t bow 4ftWriwd u b proal exact im Sr • b w NAG upon we. Assessor Tax #not yet assigned ORDINANCE NO. 5 3 9 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT NORTH SIDE OF 21ST STREET SE AND EASTERLY OF "C" STREET SE BETWEEN "A" AND "F" WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM R-4 (MULTI -FAMILY) TO P-1 (PUBLIC). WHEREAS, Application No. REZ0007-99 dated November 1, 1999, has been submitted to the City of Auburn, Washington, by the City of Auburn, Public Works Department, requesting the rezoning of the real property located at the north side of 21st Street SE and easterly of "C" Street SE between "A" and "F" from R-4 (Multi -Family) to P-1 (Public) and hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and WHEREAS, said request above referred to the Hearing Examiner for L� study and public hearing thereon; and NWHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider the request in the Council Chambers of Auburn City Hall on April 18, 2000, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on May 1, 2000, 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 5390 May 9, 2000 Page 1 FINDINGS OF FACT The City of Auburn has requested that a 3.02 -acre parcel of property located on the north side of 21St Street SE and easterly of "C" Street SE be rezoned from its existing zoning of R-4, multi -family to P-1, Public. The City has recently purchased the property. In 1999, the City also changed the Comprehensive Plan map designation to Public in anticipation of the rezone. 2. The purpose of the rezone is to allow for the construction of a regional storm drainage facility. The facility is planned to eliminate local flooding in the area and provide for storm water quality and quantity functions. 3. The facility will require a significant amount of excavation and will result in an open storage pond for the storm water. If not properly designed and landscaped it may not be compatible with the adjoining residential uses. The Zoning Code requires a five-foot width of Type I I and/or I II landscaping around the perimeter of the property. Since this will be an excavated open pond with standing water, additional landscaping should be required. C7 Cr7. 4. The City has retained the services of a landscape architect that has a prepared schematic drawings to illustrate how the facility could be cm incorporated into the neighborhood. A copy is attached. 5. The contents of the case file, #REZ0007-99, and the environmental file, a #SEP0042-99, of this project are hereby incorporated by reference and cm made part of the record of this hearing. a C -a "` CONCLUSIONS OF LAW The undersigned has concluded that the rezone may be approved in that the proposal is consistent, if properly conditioned, with the Comprehensive Plan Map designations, zoning and existing uses in the area. The project should be an overall benefit to the neighborhood in that flooding issues will be lessened and the property would otherwise be developed with 50 multi -family units that may have other impacts. DECISION Ordinance 5390 May 9, 2000 Page 2 For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval, subject to the following conditions: 1. A. The entire front yard setback off of 21St Street shall be landscaped except for the walkways/driveways. The landscaping shall generally be consistent with a Type I landscape as defined by Section 18.50.040(A) of the Zoning Code. B. The interior property lines shall be landscaped. The interior landscape shall be an average width of 7 feet, but in no case shall be less than 5 feet in width. The landscaping shall generally be consistent with a Type I landscape as defined by Section 18.50.040(A) of the Zoning Code. 2. The property shall be fenced. At the front yard off of 21St Street the fence shall be setback 20 feet. The fence may be constructed on the property line at the interior property lines. The use of typical galvanized wire mesh, chain link fencing material shall be avoided. If chain link fence is used it shall be vinyl coated. Any fencing material, including its color, shall be compatible with the adjoining residential uses. 3. The Planning Director, prior to any excavation of the site, shall approve a a landscape plan and fencing plan consistent with the conditions of this o rezone and other city requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, Cn 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 the north side of 21St Street SE and easterly of "C: Street SE and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference, in the City of Ordinance 5390 May 9, 2000 Page 3 Auburn, County of King, State of Washington, be and the same is hereby rezoned from R-4, (Multi -family) to P-1, (Public). 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 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 cm �- of Records and Elections. cm C= Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out C" 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 by law. Ordinance 5390 May 9, 2000 Page 4 INTRODUCED: May 15, 2000 PASSED: May 15, 2000 APPROVED: May 15, 2000 2-"" A - %60, CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam City Clerk cm APPROVED AS TO FORM: -..d- m G Q 4 C14 Michael J. evnolds City Attorney a 9/dv Ordinance 5390 May 9, 2000 Page 5 Ordinance No. 5390 Exhibit A Page 1 Cn G� C1t Cn Cr Ca C'71 ¢v Rezone for Hearing Examiner - Page 7 • :ISM• • .•• � Parcel 192105-9342 of SW 1/419-21-05 Parcel Legal Description: Parcel 192105 — Portion of the west half of the northwest quarter of the northwest quarter of the southwest quarter and of the northwest quarter of Government Lot 3, All in Section 19, Township 21 North, Range 5 East W.M. in King County, Washington. FEE PAYMENT: $750.00 plus $350.00 for SEPA checklist T.R. #: Cashier's Initials: _n �6) Date Received: Ordinance No. 5390 Exhibit A Page 2