HomeMy WebLinkAbout5611Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. $611
Reference Number(s) of Documents assigned or released:
I'--IAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
DONALD BLACKWELL ~/I ~//
FILED
!Grantee/Assignee/Beneficiary: (Last name first)
CITY OFAUBURN
Legal Description (abbreviated: i.e, lot, block, plat or section, township, range)
NW 19-21-05
[] Additional legal is on page __ of document.
Assessor's Property Tax Parcel/Account Number
3101800-0060
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 6 1 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY
LOCATED AT 1502 "A" STREET SE WITHIN THE CITY OF AUBURN,
WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM R-3
(DUPLEX) TO C-3 (HEAVY COMMERCIAL ZONE).
WHEREAS, Application No. REZ01-0005 dated August 7, 2001, has
been submitted to the City of Auburn, Washington, by DONALD L.
BLACKWELL, requesting the rezoning of the 4,725 square feet parcel of land
at 1506 "A" Street SE from R-3 (DUPLEX) to C-3 (HEAVY COMMERCIAL
ZONE); and
WHEREAS, said request above 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 the request in the Council Chambers of Auburn City
Hall on November 14, 2001, at the conclusion of which the Hearing Examiner
recommended the approval of the rezoning of said property; and
WHEREAS, the City Council, on November 19, 2001, considered said
request and affirmed the Hearing Examiner's recommendation for rezone
based upon the following Findings of Fact and Conclusions of Law and
Decision, to-wit:
Ordinance 5611
November 27, 2001
Page 1
FINDINGS OF FACT
1. Donald L. Blackwell has requested that his property located at 1502 "A"
Street SE be rezoned from its existing zoning of R-3, Duplex, to a C-3, Heavy
Commercial zone. The property is approximately 4,725 square feet in size and
there is a single family home on the property.
2. The property abuts "A" Street SE which is a five lane heavily traveled
arterial. As such, this property and others along "A" Street have been
converting from residential to commercial uses. The City of Auburn's
Comprehensive Land Use Plan map recognizes this fact and illustrates the lot
as "Heavy Commercial". The C-3 zone would be appropriate for this property
based upon the Comprehensive Plan map designation.
3. There is a 16 foot wide graveled alley that abuts the property to the east.
To the east of the alley is a single family neighborhood and it is zoned R-3,
Duplex. The Comprehensive Plan Map also illustrates the neighborhood to the
east as moderate density residential. The property to the south is currently
zoned R-3, Duplex, but the Comprehensive Plan Map designation is Heavy
Commercial. There is currently a single family home on that property.
4. The su.b~,ect lot that is proposed to be rezoned is located on the southeast
c rn " " '
o er of 15 and A Street SE. The lot has approximately 45 feet of frontage
on "A" Street and 105 feet of frontage on 15th Street. Since the lot is a corner
lot a 15 foot building setback is required from the 15th Street right of way. Since
the property to the south is now zoned R~3, the Zoning Code at Section
18.50.050(E)(2) requires a 10 foot width of landscaping along the south
boundary of the subject lot. With the lot only being 45 feet wide, only a narrow
building area will be available. Landscaping should also be required on the
east property line to lessen the impact on the neighborhood to the east.
5. The property owner has not brought forth any specific proposal for the use
of the property if the property is zoned C-3. If any conversion of the single
family home occurs, the site will need to meet applicable City development
standards including improving the abutting street, providing adequate off-street
parking, landscaping, storm drainage, etc.
Ordinance 5611
November 27, 2001
Page 2
6. The contents of the case file, #REZ01-005, and the environmental file,
#SEP01-0032, of this project are hereby incorporated by reference and made
part of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned has determined that the rezone may be approved in that the
proposed rezone 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 condition:
1. If the property is converted to a use allowed by the C-3 zone, the alley shall
not be used as the principal means of ingress and egress. A 10 foot width of
Type II landscaping shall be provided along the east property line, except for
any driveways to the alley.
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 1502 "A" Street SE in the
City of Auburn, County of King, State of Washington, be and the same is
hereby razoned 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,
Ordinance 5611
November 27, 2001
Page 3
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. Recordinq. 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 $. 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
INTRODUCED:
PASSED:
by law.
APPROVED:
December 3, 2001
December 3, 2001
December 3, 2001
CHARLES A. BOOTH
MAYOR
Ordinance 5611
November 27, 2001
Page 4
ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
Ordinance 5611
November 27, 2001
Page 5