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HomeMy WebLinkAbout5327Return Address: P~CZFZC NM TZT IIZSC Pi1GE eel oF coo 03/01/2080 12 Auburn City Clerk KZNG COUNTy, City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ORD 5327 ~ R~ZO006-99) ~eference Number(s) of Documen~ assigned or released: DAdditional reference ~'s on page of document Grantor(s) (Last name first, then first name and initials) 1. City of Auburn ~ ~~ Grantee: (Last name first) 1. WiPers, Rick & Karen Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NW 19-21-05 /~ Additional legal is on page ~ of the document. Assessor's Property Tax Parcel/Account Number: 192105-9047 sau d~um~nt~s) were filed for [] Assessor Tax # not yet assigned ORDINANCE NO. 5 3 2 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1404 AND 1414 "A" STREET SE WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-3 (DUPLEX) TO C-3 (HEAVY COMMERCIAL). WHEREAS, Application No. REZ0006-99 dated July 30, 1999, has been submitted to the City of Auburn, Washington, by Rick and Karen Witters, requesting the rezoning of the real property located at 1404 and 1414 "A" Street SE from R-3 (Duplex) to C-3 (Heavy Commercial) and hereinafter described below and as identified on Exhibit "A" attached hereto and ,=~ incorporated in this Ordinance 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 October 19, 1999, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and Ordinance 5327 December 20, 1999 Page 1 WHEREAS, the City Council scheduled a closed record hearing to review the entire record on December 6, 1999 under Application No. REZ0006- 99; and WHEREAS, upon conclusion of the closed record hearing, the City Council amended the decision of the Hearing Examiner and allowed the rezone ,::, for the reasons set forth below; c=, FINDINGS OF FACT C::). " 1. Rick and Karen Witters have requested that their property located at 1404 ,::, and 1414 "A" Street SE be rezoned from the existing zoning of R-3, Duplex ~ to a proposed C-3, Heavy Commercial zone. The property is about 1.5 ,:=, acres in size and contains a couple of older single family homes and out '=' buildings. 2. The property abuts "A" Street SE which is 5 lane heavily traveled arterial. As such, this property and others along "A" Street have been converting from residential to commercial uses. The City's Comprehensive Plan also recognizes this fact and has illustrated this property and other properties along "A" Street to be appropriate for heavy commercial uses. 3. The Witter's have only applied for a rezone of their property. They have not proposed any subsequent development. While there has not been any development proposed, it is important to make provisions for any future development and mitigate its potential impacts to the residential uses to the east. The uses to the east are planned to remain residential in the long- term. 4. At the time of the public hearing, several citizens appeared and expressed concern regarding future development of the lot including environmental impact concerns and drainage concerns. The environmental review of the Ordinance 5327 December 20, 1999 Page 2 rezone is completed and mitigating conditions imposed. The undersigned cannot conclude from the record that there is a drainage problem. The requested rezone is consistent with the Comprehensive Plan. 5. The contents of the case file, #REZ0006-99, and the environmental file, #SEP0033-99, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The rezone may be approved in that the proposal 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, subject to the following conditions: 1. The Planning Director shall be authorized to increase landscaping requirements along the easterly lot lines to fifteen feet and require ten feet of landscaping along the south property lines from the easterly boundary of the entire parcel forward to the easterly boundary of the north/south alley parallel to "A" Street. 2. The alley shall not be used for primary ingress or egress. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance 5327 December 20, 1999 Page 3 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 1404 and 1414 "A" Street SE 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-3, Duplex to C-3, Heavy Commercial. 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. 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 the office of the King County Auditor, Division of Records and Elections. Ordinance 5327 December 20, 1999 Page 4 Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance 5327 December 20, 1999 Page 5 INTRODUCED: December 20, 1999 PASSED: Decembez 20, 1999 APPROVED: CHARLES A. BOOTH MAYOR ATTEST: askam Gi~ Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Ordinance 5327 December 20, 1999 Page 6 LEGAL DESCRIPTION TaX no. 142105904804 sectlcn 1t-21-o5 BEG ON W LN OF SEC N 01-58-53 E 595,72 FT FRW 1/4 COR TH N 01-58-53 E 145,33 FTALG SECLN THN 89-33-10 E 352..42 FT THS 0-54-52 W 145.33 FT THS 89-33-10 W 349,71 FT TO POB c~ Tax no. '1~2105904702 1404 A S~. SE Section BEG ON W:r.,NOF SZC N 01-58-53 E* 741.05 FTFR, W 1/4 COR'Z~HN 01-58-53 E AT,,~ sECLIT 74[85 FT TH ~ 89-31-47 E 418.32 00-5~-58 W 74.84 FTTH5 29-33-10 W 422',42.~T TO BEG LESS Z 1~ FT. Oz'd.h'ance 5327 : ~x~t ~A"' page 1 .~.