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HomeMy WebLinkAbout4730 1 2 $ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Auburn Finance Departmellt 25 W. Main Auburn, WA 98001 RECEIVED 1995 KING COUNTY RECORDER ORDINANCE NO. 4 7 ~ 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON AUBURN WAY NORTH BETWEEN 37TH AND 40TH STREETS N.E., WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM C- 1 (LIGHT COMMERCIAL) TO C-3 (HEAVY COMMERCIAL). WHEREAS, Application No. REZ0003-94 has been submitted to the Council of the City of Auburn, Washington, by JIMMY J. HARKEY and AUBURN YOUTH RESOURCES, requesting the rezoninq 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 January 18, 1995, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, on February 21, 1995 the City Council held a public hearing thereon at the conclusion of which affirmed the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 4730 February 28, 1995 Page 1 1 2 3 4 5 6 7 8 9 11 12 13 14 15 17 18 20 21 22 23 24 25 2~ FINDINGS OF FACT 6e The applicants, Jimmy Harkey apply for a rezone from C-l, 3, Heavy Commercial zone. and Auburn Youth Resources, Light Commercial zone, to C- The subject property which is located on Auburn Way North between 37th and 40th is 3.61 acres in size. The property is currently vacant, and consists of seven separate platted lots of approximately the same size. Jimmy Harkey owns six of the lots and Auburn Youth Resources owns one. Currently, the Comprehensive Plan designates the site for heavy commercial uses. This designation is appropriate for a C-3 zone. The property has remained as a C-1 zone primarily as a result of the existence of multiple-family residences which directly abut the property to the east. The concern is that some of the uses which are permitted outright within a C-3 zone are not compatible with residential uses and with seven separate driveways serving automobile related uses there would be interference and conflict on the already very congested Auburn Way North. As a result of meetings between the applicants and the Planning Department, the proposal is now to preclude outdoor storage, repair, or similar activities, to limit the number of driveways which interface with Auburn Way North to a maximum of three, and to provide for a landscape buffer between the residences. The proposal would prohibit any activity between the proposed commercial buildings and the residential uses to the east. A site plan has been submitted as part of the rezone application illustrating the location of future buildings and required parking. The lots owned by Mr. Harkey are planned to be constructed in two phases with a total square footage in excess of 43,000 square feet. Auburn Youth Resources has not yet determined what might be located on their property, but only uses permitted within the C-3 zone will be allowed. The city has issued a Final Mitigated Determination of Non-Significance containing mitigating conditions on January 4, 1995. Ordinance No. 4730 February 28, 1995 Page 2 1 2 3 4 5 6: 7 8 9 10 ~ 13 ~4 15 16 17 18 19 20 21 22 23 24 25 26 CONCLUSIONS OF LAW The proposal is consistent with the Comprehensive Plan Map designation of Heavy Commercial. The proposal is likewise consistent with existing C-3 zoning and developed C-3 uses in the vicinity. The proposal would not impact the residential property to the east and restrictions are placed on the rezone or conflict with the existing traffic on Auburn Way North provided the number of driveways are limited. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone from C-1 (Light Commercial) to C-3 (Heavy Commercial) is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, Section of Fact and Ordinance. Section 2. Auburn Way North DO ORDAIN AS FOLLOWS: 1. The above cited Hearing Examiner's Findings Conclusions, are herewith incorporated in this in the City of Auburn, County of King, State of Washington, and the same is hereby rezoned from C-1 (Light Commercial) c-3 (Heavy Commercial) and legally described as follows: The following described property located on between 37th and 40th Streets N.E., situate be to Ordinance No. 4730 February 28, 1995 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Lots 2 through 8 inclusive of North Auburn 9, more particularly described as follows: The West 250 feet of the following described parcel: EXCEPT the West 150 feet of the East 565.34 feet of the South 110 feet of the North 173.7 feet thereof; The South 756.94 feet of the North 2391.18 feet of the East 698.64 feet of the Harvey H. Jones Donation Claim No. 39; EXCEPT the South 34 feet of the North 63.7 feet thereof; And EXCEPT streets; AND EXCEPT: The South 85 feet of South 756.94 feet of the North 2391.18 feet of the East 698.64 feet of the Harvey H. Jones Donation Claim No. 39, lying South and adjacent to the South marginal line of 37th Street Northeast. All in Section 6, Township 21 North, Range 5 E., W.M., King County, Washington. Section 3. The project be developed in a manner that is consistent with the site plan entitled Auburn Way North Business Park and dated May 2, 1994. Site plans for actual construction shall be approved by the Planning Director. Seotion 4. There shall be no outdoor storage, outdoor repair or similar activities permitted. This shall not to refuse dumpsters adjoining properties. Seotion 5. The landscaped be planted identified apply that are appropriately screened from eastern 10 feet of all 7 lots shall be with a Type I landscaping. The landscaping shall prior to the occupancy of any of the phases as on the site plan. If the Auburn Youth Resources Ordinance No. 4730 February 28, 1995 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 parcel develops first then only the eastern 10 feet of its lot need be landscaped prior to occupancy of any portion of its lot. Section 6. If the multiple lots remain then appropriate easements that assure adequate access, parking, and utilities shall be prepared by the applicant and approved by the City Attorney. The easements are to be recorded prior to the issuance of any building permits. A combination of easements and lot line adjustments may also satisfy this condition. Section 7. 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 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 9. This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passage, approval and Ordinance No. 4730 February 28, 1995 Page 5 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: ATTEST: Robin Wohlh~eter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, Acting City Attorney PUBLISHED: Ordinance No. 4730 February 28, 1995 Page 6 CHARLES A. BOOTH' MAYOR