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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
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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
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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
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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
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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
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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