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ORDINANCE NO. 5 I 2 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING
FOR THE REZONING OF PROPERTY LOCATED AT 26T~ AND "I" STREET
NE, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE
ZONING CLASSIFICATION THEREOF FROM R-4 (MULTI-FAMILY) TO C-3
(HEAVY COMMERCIAL).
WHEREAS, Application No. REZ0004-98 has been submitted
to the Council of the City of Auburn, Washington, by LES
SCHWAB TIRE CENTER, 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 June 16, 1998,
Ordinance No. 5127
July 27, 1998
Page 1
at the conclusion of which the Hearing Examiner recommended
the approval of the rezoning of said property; and
WHEREAS, the City Council, on July 6, 1998 moved to
hold a closed record hearing on said request; and
WHEREAS, the City Council, on July 20, 1998 considered
said request and amended the Hearing Examiner's
recommendation for rezone based upon the following Findings
of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. The applicant, Les Schwab Tire, has requested to have a
.24 acre parcel of property located at the northwest
corner of "I" Street NE and 26th Street NE be rezoned
from the existing zoning classification of R-4 Multi-
family to a proposed zoning classification of C-3, Heavy
C'] Commercial. The purpose of the rezone is to allow Les
~ Schwab Tire to construct a new tire center. The
~ majority of the tire center will be built upon an
U~ existing C-3 zoned parcel of property that is adjacent
~ to and west of the proposed rezone. The proposed rezone
C~ area would be used for parking. The site plan submitted
(D with the application illustrates there will be 12
~ parking spaces and one access to "I" Street which is
~ four lane arterial. There are three other accesses
being proposed for the tire center. One is off of
Auburn Way North and the other two will be from 26th
Street NE. The applicant will widen 26th Street so
there will be a total of 60 feet of right of way
provided for 26th Street.
2. The City of Auburn currently owns the subject parcel.
The City purchased the property a few years ago. The
purchase was necessitated by the City obtaining right of
way for and constructing a new arterial street, "I"
Ordinance No. 5127
July 27, 1998
Page 2
Street NE. When the City obtained the right of way for
"I" Street at this location, the right of way separated
a parcel of land into two pieces. One piece is on the
east side of the right of way and the other is on the
west side. The remaining parcel on the west side was
not large enough for the property owner to make use of
so the City was required to purchase that piece in
addition to the right of way itself. The parcel on the
west side of "I" Street is a substandard parcel of
property because the lot width and setback requirements
do not meet Zoning Code standards required for the
existing R-4 zoning. If rezoned to C-3, the applicant
would then do a lot line adjustment to eliminate the lot
line between the C-3 zoned property to the west and the
subject parcel. After the lot line adjustment only one
lot would remain.
3. The City's Comprehensive Land Use Plan map illustrates
the subject parcel to be appropriate for either heavy
commercial or for multi-family residential. Since the
parcel currently does not meet the minimum standards for
the existing R-4 zoning, and it is proposed to be part
of a larger commercial development to the west, it is
determined that a commercial zoning on the property
would be consistent with the Comprehensive Plan.
4. The subject parcel is vacant and to the east, across "I"
Street is a single family home. To the south is a
duplex. In order to recognize the residential character
of the area the rezone area should be limited to surface
parking and adequate landscaped buffers provided.
5. At the time of the Hearing Examiner's public hearing,
there was considerable opposition to the development of
a Les Schwab store. However, the development of a Les
Schwab store is not the issue. The only issue relates
to the rezone from R-4 Multi-family to C-3, Heavy
Commercial, to allow the subject parcel to have the same
zoning as the adjacent parcel to allow for parking on
the subject parcel. The parking proposed on the subject
parcel is designed to support the new proposed business.
While the City is sympathetic to the concerns raised by
the adjoining neighbors, the proposed rezone is
Ordinance No. 5127
July 27, 1998
Page 3
consistent with the comprehensive plan and, as
previously indicated, the development of the Les Schwab
store is not before the City.
6. The contents of the case file #REZ0004-98 and the
environmental file #SEP0014-98 of this project are
hereby incorporated by reference and made part of the
record of this hearing.
CONCLUSIONS OF LAW
1. The rezone may be approved.
2. The existing parcel is too small to meet the existing
zoning code requirements for development. It is
therefore more appropriate for the parcel to become part
of the larger parcel to the west.
3. Automobile parking would not be an impact to adjacent
properties if properly conditioned to include additional
landscaping.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this rezone from R-4 (Multi-Family) to C-3 (Heavy
Commercial) is approved.
NOW, THEREFORE, THE CITY COUNCIL 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.
Ordinance No. 5127
July 27, 1998
Page 4
Section 2. The following described property located at
26th and "I" Street NE, situate in the City of Auburn,
County of King, State of Washington, be and the same is
hereby rezoned from R-4 (Multi-Family) to C-3 (Heavy
Commercial) and legally described as follows:
Lot 2 and Tract X, City of Auburn Short
Plat Number 10-97, King County Recording
Number 9711190806.
Section 3. The above rezone is hereby approved subject
the following conditions:
1. The use of the parcel shall be limited to parking
for automobiles. This restricted use shall be
evidenced by a document which shall be recorded
with the legal description to the property giving
any adjacent owner notice of the restriction.
2. A minimum width of ten feet of Type II landscaping
as defined by Section 18.50.040(B) of the Zoning
Ordinance shall be provided on the north east
(except the driveway) and south sides of the
parcel.
3. A berm of approximately four to five feet shall be
included in the landscaping.
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. 5127
July 27, 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.
INTRODUCED: August 3, 1998
PASSED: August 3, 1998
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
ORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5127
July 27, 1998
Page 6