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HomeMy WebLinkAbout4874 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 , RK"S OFF(CE CLE TY OF AUBURN Z5 West Mare ~um. WA 98001 ORDINANCE NO. 4 8 7 % ~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 222 AND 238 "N" STREET SE, WITNIN THE CITY OF AUBLrRN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-2 (SINGLE FAMILY) TO "I" (INSTITUTIONAL). WHEREAS, the Council of FREE METHODIST CHURCH, requesting property hereinafter and Application No. REZ0002-96 has been submitted to the City of Auburn, Washington, by the AUBURN the rezoning of the real described in Section 2 of the Ordinance; 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 said petition in. the Council Chambers of the Auburn City Hall, on May 21, ~996, at the conclusion of which the Hearing Examiner recommended the approval of the rezonin9 of said property; and WHEREAS, the City Council, on June 3, 1996, considered said request and affirmed the Ordinance NO. 4874 June 7, 1996 Page 1 Hearin9 Examiner' s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 recommendation for rezone based uDon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 2 o 5 o The applicant, Auburn Free Methodist Church, seeks rezone approval for two lots from R-2, Single Family, to "I", Institutional. The two lots are located at 222 and 238 ~N" Street SE. They are 5,880 and 7,700 square feet in size. They are currently zoned R-2, Single Family, and are designated for public and/or quasi-public uses in the Comprehensive Plan. Surrounding zoning and land uses in the vicinity include R-2, Single Family, to the north; R-3, Single Family, to the south; "I", Institutional, church to the east; and R- 2, Single Family, to the west. The Comprehensive Plan designates the existing site and land in all directions as quasi-public with the exception of the land to the west which is designated for single family uses. The main church facility is located immediately adjacent and east of the two lots. The church has not determined the future use of the homes, but the church indicates it is likely the homes will be used as church or school related uses. The church now conducts a small private school within its existing facility. The two lots and three other lots front on ~N" Street SE between 2nd and 3rd Streets SE. These lots each contain a single family home. Neighborhood residents have expressed concern with the rezone and fear that the rezone will change the complexion and makeup of the neighborhood. Ordinance No. 4874 June 7, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 7 o The Comprehensive Plan map illustrates the lots on UN" Street to be appropriate to either institutional or single family zoned uses. The City has been made aware of the church's desire to acquire additional property as and when it becomes available, and accordingly adopted the Plan map to accommodate the existing single family homes and/or future church uses. The institutional zone is a multi-use zone. This zone allows not only church uses, but also single family homes, day care, parks, and other related type uses. The development standards including, but not limed to setbacks, lot coverage, etc., are in most cases the same in both the R-2 and institutional zones. Residents in the vicinity expressed concern about the rezone primarily due to the uncertainty of the church's intended use of the single family homes. The neighborhood also suggested that if the church wanted to run a school it should do so in a different location. The contents of the file are incorporated herein by reference. CONCLUSIONS OF LAW The rezone is consistent with the Comprehensive Plan map. There is no requirement for the church to indicate exactly what the future use of the site will be. The church has expressed a clear intent to involve the neighborhood in its planning for the future use of the site. There is no legal basis upon which the rezone can be prohibited since the proposed rezone is consistent with the existing Comprehensive Plan map. Ordinance NO. 4874 June 7, 1996 Page 3 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone from R-2 (Single Family) to "I" (Institutional) is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, DO ORDAIN AS FOLLOWS: CITY OF AUBURN, herewith incorporated The above cited Hearin9 Examiner's Findings in this of Fact and Conclusions, are Ordinance. ~ The following 222 and 238 UN" described property located at Street SE, situate in the City of Auburn, County of King, rezoned from R-2 (Single legally described: PARCEL ~A": 222 UN" SW 1/4 of Section 18, 5, Lot 3, Block 1. PARCEL "B": 238 SW 1/4 of Section 5, Lot 5, Block 1. State of Washington, be and the same is hereby Family) to "I" (Institutional) and STREET E~: Township 21, "N" STREET SE; 18, Township 21, Range Range Situate in the City of Auburn, County of King, State of Washington. Ordinance No. 4874 June 7, 1996 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~9_C~t~i911_~_, 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 Kin9 County Auditor, Division of Records and Elections. such ~ The Mayor is hereby authorized to implement administrative procedures as may be necessary to carry out the directions force five days from and after publication as provided by law. of this legislation' This Ordinance shall take effect and be in its passage, approval and INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR Ordinance No. 4874 June 7, 1996 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 4874 June 7, 1996 Page 6