The URL can be used to link to this page

Home My WebLink About5326 Return Address: ~1 Ill ~1 ~ ~1 ~|~ Ill City of Auburn 25 West Main St. ~.~s Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. 0RD5326 ( REZO004..99) C.~ Reference Number(s) of Documents assigned or released: I"}Additional reference #'s on page of document · - Grantor(s) (Last name first, then first name and initials) ~ 1. City of Auburn (~ ~b3"~ b~ ~("'TG~ ' [ 'Z..-- Grantee: (Last name first) 1. Schoenfeld, Ken Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW 31-22-05 1~ Additional legal is on page '/of the document. Assessor's Property Tax Parcel/Account Number: sa;~ dccu=.'-..v;,~:~,~ '.,.'~,'e filed for 936060-0251 r~,.,~:,..~:~ ~,., [] Assessor Tax # not yet assigned ORDINANCE NO. 5 3 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 4610 AUBURN WAY NORTH WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-4 (MULTI-FAMILY) TO C-3 (HEAVY COMMERCIAL). WHEREAS, Application No. REZ0004~99 dated July 30, 1999, has been - submitted to the City of Auburn, Washington, by Ken Schoenfeld, requesting the rezoning of the real property located at 4610 Auburn Way North from R-4 (Multi-Family) to C-3 (Heavy Commercial) and hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance .:r, by this reference; and c=, WHEREAS, said request above referred to the Hearing Examiner for · ' study and public hearing thereon; and c,-> WHEREAS, the Hearing Examiner, based upon staff review, held a c:, public hearing to consider the request in the Council Chambers of Auburn City Hall on November 16, 1999, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on December 6, 1999, considered said request and affirmed the Hearing Examiner's recommendation for rezone Ordinance 5326 December 20, 1999 Page 1 based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: FINDINGS OF FACT 1. The applicant, Ken Schoenfeld, has requested that his property located at 4610 Auburn Way North be rezoned from its existing zoning of R4, Multi- Family, to a C-3, Heavy Commercial, zone. The property is a .79 acre site that is currently vacant. 2. The property is adjacent to a professional office to the west. The subject property and the property of the professional office were originally part of the same parcel. There is also a multi-family project that is south across 45th Street that was also part .of the same parcel. 3. The R-4 zoning was established on the property in 1987. The existing office building, the multi-family complex, and 45th street were constructed subsequent to the zoning in 1987. As a result of this prior development, primarily the construction of the street, a triangular shaped parcel was left over which is now subject to the rezone request. This triangular shaped parcel is not particularly suited to multi-family development due to its shape and being adjacent to existing and proposed commercial uses. 4. The applicant had also received from the City approval of a conditional use permit that allowed for the construction of a professional office on the subject site. The approval was given on April 15, 1996. Conditional use permits are only valid for two years. In this case the office was not built and the permit expired. Given its location to other commercial zoning and uses, the applicant requested the Comprehensive Plan map be changed from residential to commercial. This change was granted by the City Council in 1998. The applicant has also submitted plans that indicate that a professional office building is still being considered. 5. To the north and northeast of the proposal is the drive-in theater property. 6. The subject property abuts 45th Street NE. 45'h Street will be a connecting arterial between Auburn Way North to the west and a planned arterial "1" Ordinance 5326 December 20, 1999 Page 2 Street to the east. 45th Street currently dead ends just east of the proposed rezone. 7. The contents of the case file #REZ0004-99 and the environmental file #SEP0030-99 of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The fezone may be approved in that it is consistent with the Comprehensive Plan Map designations, zoning and existing uses in the area. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. The above-cited Hearing Examiner's Findings of Fact, Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. The following property located at 4610 Auburn Way North and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference, 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. Ordinance 5326 December 20, 1999 Page 3 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section4. 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, Division of Records and Elections. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out o=, the directions of this legislation. c, Section 6. Effective date. This Ordinance shall take effect and be in c::, force five days from and after its passage, approval and publication as provided ~ by law. Ordinance 5326 December 20, 1999 Page 4 INTRODUCED: December 20, 1999 PASSED: Dece,mber 20, 1999 APPROVED: Dece. mbez 20, 1999 CHARLES A. BOOTH MAYOR ATTEST: Dan~elle E. Daskam City Clerk AP OR,V~RM' Michael J. Reynolds City Attorney PUBLISHED: /"?//~'/~ Ordinance 5326 December 20, 1999 Page 5 LEGAL DESCRIPTION ' LOT 2 OF THE CITY OF AUBURN LOT LINE ADJUSTMENT LLA-0037-89 .' ]~]xhibit '~"' Page 1