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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