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Home My WebLink About05-19-2003 Item VIII-A-4CITY OF 'v" ASIIINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Ordinance No.5759 May 12, 2003 Department: Attachments: Budget Impact: Ordinance No.5759 Administrative Recommendation: City Council introduce and adopt Ordinance No.5759. Background Summary: Ordinance No. 5759 would authorize the rezone of property located at 509 M Street SE and 1123 6th Street SE from R-2, Single Family Residential to R-3, Two Family (Duplex) Residential. HE\ORD-RES\ORD 5759 L0519-4 03.8 REZ03-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ® Planning ❑ Park Board ❑Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Borden Staff: Krauss Meetina Date: Mav 19. 2003 Item Number: VIII.A.4 AU MORE THAN YOU IMAGINED ORDINANCE NO. 5 7 5 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 rezoning 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 1 FINDINGS OF FACT Andrew Benedetti, the owner of the parcels located at 509 M Street SE (A) and 1123 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. 2. 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. 3. 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. 4. 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. 5. 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) and 1123 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. 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 5759 May 8, 2003 Page 3 Section 4. Recording. 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: PASSED: APPROVED: PETER B. LEWIS MAYOR Ordinance 5759 May 8, 2003 Page 4 ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: n i e I B. H e i'd—' City Attorney Ordinance 5759 May 19, 2003 Page 5 LEGAL DESCRIPTION OF PROPERTY -CION/Tcw 0,C4 Pl RAW -P 6 149 / Z I N / 05 1 LOTS 9, 10, 11 BLOCK 11 RAILROAD EDITION TO AUBURN According to the plat recorded in Volume 20, page 35 of plats of King County Washington PARCEL A 150 M S7. S15 Beginning at the southeast corner of Lot 9, Block 11, 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 distance of 80.0 feet, thence north along the line parallel to the east line of said Lot 9, a distance of 82.0 feet to the north line of Lot 10 Block I I Railroad Addition to Auburn ; thence northeast a distance of 37.4 feet to the north line of Lot 1 l Block 1.1 Railroad Edition to Auburn: thence east along the north line of said Lot 11 a distance of 75.0 feet: thence south along the east line of said Lot 11, said Lot 10, and said Lot 9 a distance of 120.54 feet to the point of beginning. PARCEL B 1 123 6, ' S► . S e . Beginning at the southwest corner of Lot 9 Block 1 i Railroad Edition to Auburn according to,tj e plat recorded in Volume 20, page 35 of plats of King County Washington; thence north along the west line of said Lot 9, Lot 10 Block 11 Railroad Edition to .auburn and Lot I 1 Block l i Railroad Edition to Auburn a distance of 117.61 feet; thence east along the north line of said Lot I 1 a distance of 67.2 feet; thence southwest a distance of 37.4 feet to the north line of said Lot 10; thence south along the line parallel to the east line of said Lot 9 a distance of 82.0 feet to the south line of said Lot 9; thence west a distance of 58.9 feet to the point of beginning. ------------------- Ordinance No. 5759 Exhibit A