HomeMy WebLinkAbout5097 ORDINANCE NO. 5 0 9 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING
FOR THE REZONING OF PROPERTY LOCATED AT 300 "M" STREET N.E.,
WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING
CLASSIFICATION THEREOF FROM R-2 (SINGLE FAMILY) TO R-O
(RESIDENTIAL OFFICE).
WHEREAS Application No REZ0005-97 has been submitted
to the Council of the City of Auburn, Washington, by JUDITH
C. COLE, 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 April 21, 1998,
at the conclusion of which the Hearing Examiner recommended
the approval of the rezoning of said property; and
Ordinance No. 5097
May 26, 1998
Page 1
W~EREAS, the City Council, on May 4, 1998 considered
said request and affirmed the Hearing Examiner's
recommendation for rezone based upon the following Findings
of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicant, Judith Cole, has requested to have her
property rezoned from the existing zoning of R-2,
Single Family, to the R-O, Residential Office, zone.
The property is 12,480 square feet in size and is
located at 300 "M" Street NE. There is an existing
single family home on the property. The applicant is
~T proposing to convert the home into a professional
~ office.
~-4 2. The subject property is illustrated on the City's
~0 Comprehensive Land Use Plan map as being Residential
~ Office. In addition to this parcel, all other parcels
~ on either side of "M" Street, in this general area,
~ also have a Comprehensive Land Use Plan map designation
~ of Residential Office. This is due primarily to "M"
Street now being a heavily traveled arterial that is
proposed to be improved and widened to accommodate more
traffic in the future. It was also the intent of the
Residential Office designation to act as a transition
zone between "M" Street and the other remaining single-
family homes that are in the area.
3. This is the initial parcel in the area to have the
zoning changed from the existing R-2 to the proposed R-
O. The proposed conversion of the home to the office
will result in a 2,230 square foot office. A 9-space
parking lot is proposed to be constructed in the front
of the building and be accessed from "M" Street. The
Zoning Code requires 7 parking spaces. Landscaping
will be provided on all property lines that abut the
existing R-2 Zoning.
Ordinance No. 5097
May 26, 1998
Page 2
4. The Zoning Code at Section 18.50.050(C) requires a ten-
foot width of landscaping next to all adjacent R-2
zoned properties. In this case, an R-2 zone abuts the
north, south and east boundaries of the proposal. The
parcels that abut the north and south property lines
are planned to be zoned R-O and if they now were zoned
R-O, the landscaping would not be required. However,
since the adjacent properties are existing single
family homes some landscaping should be provided to
buffer those homes. The site plan that was submitted
with the application does illustrate a 7.S-foot width
and a 7-foot width of landscaping on the north and
south property lines next to the proposed parking lot.
A variance has been requested and is being processed
concurrent with the rezone application to allow for the
reduced width. The other remaining areas will be
landscaped pursuant to the Zoning Code requirements
~ except where existing buildings or driveways do not
~ allow full compliance. The Planning Director may,
~ pursuant to Section 18.50.020(B), modify the
~4 landscaping requirement under the aforementioned
~ circumstances.
~ 5. There are some mature trees on the property that are
(~ located within the proposed parking area and are likely
~ to be removed. There are a couple of trees on the
periphery that may be able to be saved and should be
incorporated into the landscaping plan for the project.
6. At the time of the public hearing, a number of
residents in the vicinity expressed concern with regard
to how rezoning of the site might impact the
neighborhood. Concerns were expressed with regard to
how tree removal would affect surface water management,
traffic, and generally how businesses might be able to
encroach into the area. Tree removal appeared to be a
primary concern, as well as traffic.
Ordinance No. 5097
May 26, 1998
Page 3
7. The subject property is designated in the City of
Auburn Comprehensive Plan for residential office uses.
The fezone application is consistent with the
Comprehensive Plan designation.
8. The conEents of the case file, REZ0005-97, and the
environmental file, SEP0062-97, are hereby incorporated
by reference.
CONCLUSIONS OF LAW
1. Although the concerns of the neighbors are noted, the
rezone may be approved because it is consistent with
the Comprehensive Plan map designation, zoning, and
existing and proposed uses in the area. Accordingly,
the rezone should be conditionally approved.
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 RO
(Residential Office) is approved.
NOW, THEREFORE, THE CITY COI/NCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Section 2. The following described property located at
300 "M" Street NE, situate in the City of Auburn, County of
King, State of Washington, be and the same is hereby rezoned
Ordinance No. 5097
May 26, 1998
Page 4
from R-2 (Single Family) to RO (Residential Office) and
legally described as follows:
Lot #1, City of Auburn Short Plat Number
SPL0004-91, recorded under Recording
Number 9107022075, in King County,
Washington; Except the Westerly 6 feet
of Lot #1 conveyed to the City of Auburn
by Deed recorded under Recording Number
9107022076.
Section 3. The above rezone is hereby approved subject
the following condition:
1. Upon submittal of a permit to allow for
the conversion of the home to an office
use, a landscape plan shall be submitted
that incorporates as many of the trees on
site as possible The Planning Director
'
shall have the authority to decide which
trees are to remain and which ones may be
removed, taking into consideration whether
or not the tree removal will affect
surface water management on the site.
Those trees that are to remain shall be
protected during the construction on the
property. The Planning Director shall
have the authority to reduce the number of
parking spaces in order to preserve trees
on the property. The landscape plans
shall indicate how this protection is to
OCCUr.
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
Ordinance No. 5097
May 26, 1998
Page 5
the office of the King County Auditor, Division of Records
and Elections.
Section 5. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 6. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
May 18, 1998
INTRODUCED:
PASSED: May 18, 1998
APPROVED: May 18, 1998
CHARLES A. BOOTH
MAYOR
ATTEST:
City Clerk
AP~ROVED A~TO FORM:
/
City Attorney
Ordinance No. 5097
May 26, 1998
Page 6