HomeMy WebLinkAbout5759Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
PACIFIc NW TIT CORD 25.00
PAGE 001 OF 007
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Rezone (REZ03-0002) (Ordinance 5759)
Reference Number(s) of Documents assigned or released:
I--]Additional reference #'s on page ~ of document
Grantor(s)lBorrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Benedetti, Andrew
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Sec 18 Twp 21 N Range 5 E, Lots 9 10, 11, Block 11 Railroad Addition to Auburn
[] Additional legal is on page 7 of document.
Assessor's Property Tax Parcel/Account Number
711600-0835
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 7 $ 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR THE REZONING OF 509 M STREET SE
(A) AND 1123 6TH STREET SE (B), WITHIN THE CITY OF AUBURN,
WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM R-2
(SINGLE FAMILY RESIDENTIAL) TO R-3 (TWO FAMILY (DUPLEX)
RESIDENTIAL).
WHEREAS, AppliCation No. REZ03-0002 has been submitted to the City
of Auburn, Washington, by Andrew Benedetti, requesting the rez°ning of 509 M
Street SE (Parcel A) and 1123 6th Street SE (Parcel B), from the existing zone
of R2, (SINGLE FAMILY RESIDENTIAL), to R3, (TWO FAMILY (DUPLEX)
RESIDENTIAL), 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, 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 the request in the Council Chambers of Auburn City
Hall on April 22, 2003, at the conclusion of which the Hearing Examiner
recommended the approval of the rezoning of said property; and
WHEREAS, the City Council, on May 5, 2003, 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 5759
May 8, 2003
Page !
FINDINGS OF FACT
Andrew Benedetti, the owner of the parcels located at 509 M Street SE (A)
and1123 6th Street SE (B), has requested that said properties be rezoned
from the existing zone of R2, Single Family Residential, to R3, Two Family
(Duplex) Residential.
The subject properties are currently vacant. There are no current
proposals or pending permit applications for development on either parcel,
though the applicant has stated a desire to develop the parcels for
duplexes.
The zoning surrounding the site is mixed. The subject properties are
located at/near the intersection of a major arterial (M Street SE) and 6th
Street SE, and the area is designated as a "transition" area between single-
family uses and the more intensive Residential-Office zoned uses to the
east.
The subject properties are designated Moderate Density Residential on the
City of Auburn Comprehensive Plan Land Use map. The Auburn
Comprehensive Plan (Chapter 14, "Comprehensive Plan Map") indicates
that Moderate Density Residential Comprehensive Plan designation is
implemented by the R-3 Two Family (Duplex) Residential District and the
MHP Residential Manufactured Home Park District. The applicant's rezone
proposal is consistent with the existing Comprehensive Plan map
designation.
The contents of case file REZ03-0002 and the environmental file SEP03-
0005 of this project are hereby incorporated by reference and made part of
the record.
6. At the time of the public hearing there was no public testimony regarding
this rezone request.
CONCLUSIONS OF LAW
The Hearing Examiner has concluded on the basis of the evidence that the
rezone may be approved based upon the following:
1. The proposal is consistent with the Comprehensive Plan Map
designation, zoning and existing uses in the area.
Ordinance 5759
May 8, 2003
Page 2
2. SEPA review has been conducted on the proposal with a DNS issued
March 14, 2003.
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council on this rezone application is approval.
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 property located at 509 M Street SE (Parcel A) and1123
6th Street SE (Parcel B), and identified on Exhibit "A" attached hereto and
incorporated in this Ordinance by this reference is rezoned from R2, (SINGLE
FAMILY RESIDENTIAL), to R3, (TWO FAMILY (DUPLEX) RESIDENTIAL).
Section 3. Severability.
be separate and severable.
to
The provisions of this ordinance are declared
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 5759
May 8, 2003
Page 3
Section 4. Recordin.q. 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:
MAY ] 9 2003
PASSED: ..MAy 1_ 9 _?00R
APPROVED: MAY ] 9 2003
PETER B. LEWIS
MAYOR
Ordinance 5759
May 8, 2003
Page 4
ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance 5759
May 19, 2003
Page 5
LEGAL DESCRIPTION OF PROPERTY
/ 'Z. lt4 /05
LOTS 9, 10, 11 BLOCK 11 RAILROAD EDtTI~ON TO A'UB~
According to the plat r. ecorded in Volume 20, page 35 of plats of Ki:ng County Washington
Beginning at the southeast corner of Lot 9, Block !'1', Railroad Edition .to Auburn
according to the plat recorded in Volume 20, page 35 of' plats of .King County Washington;
thence west 'along the'south line of said Lot 9 .a'distanee of $0.0 feet; th-ence north along the
line paratlet t.o the east Ii:ne-of said Lot 9, a distance o:f-82..0, feet .to ;the north ti:ne 'of Lot 10
Bloct~ !.1 Railroad Addition' to Au:l~urn ;thence no.rthea~"a 'dilst~n~e °f'37 4"f'eet' to t:h¢
no.rth line o'f Lot I1 g~ioek 1. t- R~a[~oad.Edi'tion to Au,bum: t:h'~nee e~st a:to,n$ the !noah.line
of said 'Lot 11 a distance Of 75.0"feet: thence, south alongffie :i~tt:iirse '6f said;Lot 1.1, .: said
L~t 10, and. said'Lot 9 a distance of 120.54 feet to the point .of beginning
PARCEL -g I I '?~3 0 ~ ~. ~. ~.
Beginning at the so.u!hx~est comer of Lot 9 .Block .1 l Railroad~ Edition.. t:o-A~bum
according:~t"0 ~tbe plat re¢0'rded in volume 20, page 35°f plats .of' King Coun-ty Washington;
thence berth along the.west tine of. said Lot 9, Lot 10 'Bto~k 11 ~iko~d F~di}i~n to
Auburn and Lot ! 1 Block 1 t Kaiiroa;d Edition ~o Auburn :a:ff~s~a. no~,of,.'t 17:.61 feet;
thence easI"atong the:north line of. said Lot'l i a. di:~tanee of6?i2,'f~[~. theh¢~ ~,~thwes:t a
distance of 37.4 feet to the north:i line °f's~id Lot 10; -t~n~ ~t~idOng the':tine, p. aralle! m
the east line of said Lot 9 a dis.t~nce of'82,0 feet to the south line of',aid LOt O; thence, West
a distance of 55:9 feet to the poi.m of beginning.
Ordinance No. 5759
Exhibit A