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*
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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 :
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