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HomeMy WebLinkAbout5054AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, DENYING THE REZONING OF APPROXIMATELY 8.8 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF ORAVETZ ROAD AI~D APPROXIMATELY 1600 FEET WEST OF ~R" STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON, DENYING THE CHANGING OF THE ZONING CLASSIFICATION THEREOF FROM UNCLASSIFIED TO R-4 MULTI- FAMILY. WHEREAS, Application No. REZ0002-97 has been submitted to the Council of the City of Auburn, Washington, by Puget Western, requesting the rezoning of the real property hereinafter described in Section 2 of the Ordinance; 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 said petition in the Council Chambers of the Auburn City Hall, on October 21, the Hearing Examiner 1997, at the conclusion of which Ordinance No. 5054 December 1, 1997 Page 1 recommended the approval of the rezoning of said property; and WHEREAS, the City Council held a closed record hearing on November 17, 1997, considered said request and denied the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. A new senior high school has been constructed in the area. o A new public park has been constructed in the area. Oravetz Road, which abuts constructed to City standards. the rezone, is not Single family residences adjoin the proposed rezone. The comprehensive plan designation was established prior to construction of the High School. The designation had contemplated a traffic count less than actually exists due to the contribution of the traffic from the High School together with development that occurred in the Lake Tapps area in Pierce County. Ordinance No. 5054 December 1, 1997 Page 2 CONCLUSIONS OF LAW Based upon the above mentioned findings of fact it is concluded that the proposed rezone would not be in the best interests of the City and the neighborhood at this time due to it not being compatible with the existing uses and the public infrastructure is not currently adequate to serve a high density multi-family development nor could be made adequate until another ingress/egress is established for traffic in the North Lake Tapps area. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone from Unclassified R-4, Multi-family is hereby denied. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ~-~9_~. The above cited Findings of Fact and Conclusions are herewith incorporated in this Ordinance. ~ The City Council hereby denies REZ0002-97 filed by Puget Western, on property legally described as follows: Ordinance No. 5054 December 1, 1997 Page 3 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH OF ORAVETZ ROAD AS CONVEYED TO KING COUNTY BY DEED UNDER RECORDING NO. 4926236; EXCEPT THAT PORTION LYING WESTERLY OF A LINE 720 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30. 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. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 5054 Dece~lber 1, 1997 Page 4 INTRODUCED: December 1, 1997 PASSED: December 1, 1997 ATTEST: APPROVED: December 1, 1997 CHARLES A. BOOTH MAYOR Danielle E. Daskam, City Clerk Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5054 December 1, 1997 Page 5