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HomeMy WebLinkAbout5442I Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 KM;UKULK'S DOVER 51 Document Title(s) (or transactions contained therein): ORDINANCE NO. 5442 — REZ00-0005 REZONE OF AUBURN BLACK DIAMOND RD & "T" ST SE FROM R-2 TO R-3 Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN g//5 -,UW T k/ 7?- 2 2 a Grantee/Assignee/Beneficiary: (Last name first) WOODFORD, LOU Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW 17-21-05 ❑ Additional legal is on page _ of document. Property Tax Parcel/Account Number 172105-9142 U Assessor Tax # not yet assigned Said documents) ware flied for record by PecfIc Norfhrreat Tufa w acconerrodation only. M has not been examined as to praper exeotAian or n to ft Mea upon We. ORDINANCE NO. 5 4 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT AUBURN BLACK DIAMOND ROAD AND "T" STREET SE IN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM R-2 (SINGLE FAMILY) TO R-3 (DUPLEX). WHEREAS, Application No. REZ00-0005 dated June 1, 2000, has been submitted to the City of Auburn, Washington, by Lou Woodford, requesting the rezoning of the real property located at the northwest corner of the intersection of "T" Street SE and the Auburn Black Diamond Road from R-2 (Single Family) to R-3 (Duplex) 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 study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider the request in the Council Chambers of Auburn City Hall on September 19, 2000, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on October 2, 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 5442 October 4, 2000 Page 1 FINDINGS OF FACT FINDINGS OF FACT The applicant, Lou Woodford, has requested that his property be rezoned from the existing zoning of R-2 Single Family to an R-3, Duplex zoning. The property is located at the northwest corner of the intersection of 'T" Street SE and the Auburn Black Diamond Road. The parcel is 4,561 square feet in area and is currently vacant. 2. The parcel was created when the property to the east was subdivided. The parcel was created to act as a buffer between the newly created 'T" Street and the residents to the west. The subject parcel was required to be landscaped and it was subsequently deeded to the City. The property owners to the west of the subject parcel have recently acquired the parcel from the City. The property owners would now like to have it zoned consistent with their other adjoining property. -� 3. The other adjoining properties are currently zoned R-3 and the Comprehensive Land Use Plan map designation for the abutting properties r and the subject parcel is Moderate Density Residential which is appropriate for an R-3 zoning. 0 4. When the parcel was created, it was not created as a buildable lot since it did not meet the minimum lot size requirements of the R-2 zone. The parcel can however be combined with the other adjoining lots and then meet the minimum zoning requirements for lots. 5. The contents of the case file, #REZ00-0005, and the environmental file, #SEP00-0030, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The undersigned has concluded that the rezone may be approved in that the proposed rezone is consistent with the Comprehensive Plan Map designations, zoning and existing uses in the area. Ordinance 5442 October 4, 2000 Page 2 DECISION For each of the above reasons, the decision of the Hearing Examiner on this rezone application is approval, subject to the following condition: 1. This parcel is to remain a nonbuildable tract until combined with the adjoining lots. 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. 6,-, Section 2. The following property located at Auburn Black Diamond Road and "T" Street SE and identified on Exhibit "A" attached hereto and G O incorporated in this Ordinance by this reference, in the City of Auburn, County r of King, State of Washington, be and the same is hereby rezoned from R-2, r-� Single Family to R-3, Duplex. "J 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. Ordinance 5442 October 4, 2000 Page 3 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 by law. INTRODUCED: October 16, 2000 PASSED: October 16, 2000 APPROVED: October 16, 2000 CHARLES A. BOOTH MAYOR Ordinance 5442 October 4, 2000 Page 4 ATTEST: "ahlelle��DE. Dask�ama City Clerk APPROVED AS TO FORM: J—d4 Michael . Reynolds City Attorney Ordinance 5442 October 4, 2000 Page 5 LEGAL DESCRIP"FION OF PROPERTY Tract B, Valley Meadows Addition, according to the Plat thereof recorded in Volume 161 of plats, pages 59-62, in King County, Washington. Ordinance 5442 Exhibit "A" Page 1 Ordinance 5442 Exhibit "A" Page 2