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HomeMy WebLinkAbout4739 ECEIVED 'i 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 NAY 1 2 1995 KING COUN1 Y RECORDER City of Auburn Finance Department 25 W. Main Auburn. WA 98001 ORDZNANCE NO. 4 7 3 9 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 3209 AUBUl~N WAY SOUTH, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM CN, NEIGHBORHOOD COMMERCIAL, TO C-1 (LIGHT COMMERCIAL) AND A COMPREHENSIVE PLAN MAP AMENDMENT FROM NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL. WHEREAS, Application NO. REZ0001-95 has been submitted to the Council of the City of Auburn, Washington, by CONNIE BECKMAN, requesting the rezone and Comprehensive Plan Map amendment of the real property hereinafter described in Section 2 of the Ordinance, which application was dated January 12, 1995; and, WHEREAS, said request above referred to, was referred to the Planning Commission for study and publ][c hearing thereon; and WHEREAS, the Planning Commission, based ~Lpon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on March 7, 1995, at the conclusion of which the Planning Commission recommended the approval of the request for rezone and Comprehensive Plan amendment of said property based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 4739 April 11, 1995 Page 1 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 FINDINGS OF FACT e e Connie Beckman, the owner of the property located at 3209 Auburn Way South, has requested her property be rezoned from the existing Neighborhood Comme~rcial zone to the C-1, Light Commercial zone. The previous occupant of the site was the Jessie's Furniture store. A Comprehensive Plan map amendment is also being processed which will change the existing plan map designation of Neighborhood Commercial to a General Commercial designation. This parcel is located within a larger area that lies on the south side of Auburn Way South that is currently zoned CN, Neighborhood Commercial. This zoning was established on the property in 1987 as part of the City wide rezoning that was done by the City of Auburn. The purpose for the Neighborhood zoning was to concentrate the commercial uses in the area and preclude the typical strip commercial uses from marching eastward along Auburn Way South. While this should still be the City's goal, we have found that the CN zoning perhaps has not worked as well as we had anticipated in this area. This is due to the number of separate property ownerships, a variety of uses, preexisting nonconforming uses, existing structures that have limited use on the C-1 zone, and the restrictive nature of the CN zone. As part of the Comprehensive Plan update, the Planning staff had recommended that the Comprehensive Plan map be changed in this area from the Neighborhood commercial designation to the General Commercial designation. The Planning Commission has recommended approval of this amendment. The General Commercial designation is implemented by the C--1, Light Commercial, zone. The C-1 should still provide the assurances that a strip commercial area will not be created, but it will also provide more flexibility in terms of uses and development standards that will be more conducive for this area. The CN zone is the City's most restrictive commercial zone in terms of uses and development standards. The list of uses is quite limited and intended to serve a Ordinance No. 4739 April 11, 1995 Page 2 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 smaller geographlcal area. The development standards are also restrictive, for example, building setbacks from the street must be 50 feet. The C-1 zone allows for a wider range of commercial uses and includes residential. The setbacks are also less, 20 feet. The C-1 zone is also not oriented towards automobile related uses, as the C-3 zone is, and therefore there should be less of a concern with strip commercial development being created. At the time of this application, the building on the property was vacant. The City had reviewed a proposal to occupy the site with a tire store. This is not allowed by the CN zoning and therefore not permitted. (The C-1 zone also does not allow for a tire store). The owner decided, however, that it would be more beneficial to have her property zoned C-1 and filed for the application. Subsequent to the submittal of the application, the City learned that the owner is working towards selling the property to the Muckleshoot Indian Tribe. The property itself is not on the Reservation and at this point it is not sure as to what the Tribe plans on using the facility for. (We have heard that it may serve as a training facility for casino staff, but this remains unconfirmed). In any event, any proposed use will need to conform to all appropriate City regulations. CONCLUBZONB OF ~N Staff has concluded that the Comprehensive Plan Map amendment and rezone may be approved in that a C-1, Light Commercial, zoning would allow for more flexibility to address the variety of existing uses, the C-1 zone would allow for more flexibility to attract new uses, and the C-1 zone will not promote commercial uses that would be incompatible with the area. OrdinanceNo. 4739 ApHI 11, 1995 Page3 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 For each of the above referenced rea~sons, the recommendation of the Planning Commission to the Auburn City Council on the requested rezone and Comprehensive Plan Map amendment is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Planning Commission's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Seotion 2. The property located at 3209 Auburn Way South, legally described in attached Exhibit "A'n, situate in the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from CN, Neighborhood Commercial, to C-1 (Light Commercial) togetlherwith a Comprehensive Plan Map amendment from Neighborhood Commercial to General Commercial. Seotion $. 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 King County Auditor, Division ,of Records the office of the and Elections. Seotion 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 4739 April 11, 1995 Page 4 1 2 3 4 5 6 7 Seotion 5. force five days from and after publication as provided by law. INTRODUCED: PASSED: APPROVED: This Ordinance shall take effect and be in its passage, approval and 8 9 10 11 12 13 14 15 16 17 18 19 CHARLES A. BOOTH ATTEST: '1 ' ! Ordinance No. 4739 April 11, 1995 Page 5 24 25 26 23 PUBLISHED: 2° 1 22 dS, City Attorney APPROVED AS TO FORM: MAYOR Robin Wohlhueter, City Clerk 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 ORD'rNANCR NO. 4 7 3 9 Legal Description Lots H & G of Kitchell Addition as recorded in Book of Plats No. 70, Page~ No. 9, Records of King, County, Washington. Ordinance No. 4739 Exhibit "A" Page 1 of I