Loading...
HomeMy WebLinkAbout5127990205;Z063 DO"t; Stt1 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