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CITY CLERK'S OFFICE
CITY OF AUBU!~N
25 West Main
Auburn, WA 98001
ORDINi~CR NO.
RFCF_IVED
SEP 2 0 1995
KiNL~ COUNTY
RECORDER
4765
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF PROPERTY LOCATED AT 3702 WEST VALLEY HIGHWAY
NORTH, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE
ZONING CLASSIFICATION THEREOF FROM M-1 (LIGHT INDUSTRIAL) TO
C-3 (HEAVY COMMERCIAL).
WHEREAS, Application No. REZ0002-95 has been submitted to
the Council of the City of Auburn, Washington, by JOHN BREKKE,
requesting the rezoning 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 June 20, 1995, at the
conclusion of which the Hearing Examiner recommended the
approval of the rezoning of said property; and
WHEREAS, the City Council, on July 3, 1995, considered
said request and affirmed the Hearing Examiner's
recommendation for rezone based upon the following Findings of
Fact and Conclusions, to-wit:
FINDINGS OF FACT
me
The applicant, John Brekke,
property from M-l, Light
Commercial.
requests a rezone of certain
Industrial, to C-3, Heavy
Ordinance No. 4765
July 6, 1995
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me
The subject property is located at 3702 West Valley High
North and is 12,900 square feet in size. It is currently
under construction and is developed as a
commercial/industrial development with frontage on the
West Valley Highway and 37th Street. The Comprehensive
Plan designates the site for heavy commercial uses.
Surrounding zoning and land uses in the vicinity include
M-i, vacant, to the north; C-3, commercial, to the south;
M-l, industrial, to the east; and M-l, vacant, to the
west. The Comprehensive Plan designates property to the
south for heavy commercial uses while other surrounding
properties in all direotions are designated for light
industrial uses.
The proposed rezone would be an expansion of the existing
C-3 zoned parcel immediately adjacent to the vicinity of
this proposal. In 1993, the City rezoned a portion of
the development which fronts on the West Valley Highway
and 37th Street from M-1 to C-3. At that time, the City
amended the comprehensive land use map and changed the
light industrial designation to a heavy commercial
designation. The area of the rezone was 1.64 acres and
encompassed two buildings with total square footage of
nearly 19,000 square feet.
After the 1993 rezone, the applicant purchased a parcel
of land which lies on his north property line and
contains frontage on the West Valley Highway. The parcel
has 60 feet of frontage and is 215 feet deep. The
applicant has started construction of a 3,015 square foot
building which straddles the existing boundary between
the C-3 and M-1 zones. The building permit was approved
as the proposal met the applicable requirements of both
zones. Subsequent to the issuance of the building
permit, the applicant has determined it would be more
practical to have the building under one zoning
classification. It is more desirable to have it zoned C-
3 due to the frontage along the West Valley Highway.
The proposed rezone will share existing parking areas and
driveways· There is a parking analysis which has been
provided. Sufficient parking has been provided for a
commercial use and the remainder of the building is zoned
Ordinance No. 4765
July 6, 1995
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Although the Comprehensive Plan Map illustrates the
intersection of West Valley Highway and 37th Street to be
appropriate for heavy commercial uses, it is important
for the City to be cautious of additional commercial
zoning being established upon the West Valley Highway.
CONCLUSIONS OF L~W
The rezone may be approved in that the proposal is
consistent with the Comprehensive Plan Map, zoning, and
existing uses in the area. However, the city should not
entertain other rezone requests to commercial unless a
Comprehensive Plan Map amendment is also processed so
that a determination can be made at that time whether the
commercial zoning should be expanded.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this rezone from M-1 (Light Industrial) to C-3
(Heavy Commercial) is approved and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Se~tion 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Section 2. The following described property located at
3702 West Valley Highway North, situate in the City of Auburn,
County of King, State of Washington, be and the same is hereby
rezoned from M-1 (Light Industrial) to C-3 (Heavy Commercial)
and legally described on attached Exhibit "A".
Ordinance No. 4765
July 6, 1995
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Section 3, Upon the passage,
this Ordinance as provided by law,
of Auburn shall cause this
office of the King County
Elections.
8eot~on 4,
approval and publication of
the City Clerk of the City
Ordinance to be recorded in the
Auditor, Division of Records and
The Mayor
such administrative procedures as may
out the directions of this legislation.
Seotion 5. This Ordinance shall
force five days from and after its
publication as provided by law.
is hereby authorized to implement
be necessary to carry
take effect and be in
passage, approval and
INTRODUCED:
PASSED:
APPROVED:
July 17, 1995
July 17, 1995
July 17, 1995
CHARLES A. BOOTH
MAYOR
Ordinance No. 4765
July 6, 1995
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ATTEST:
Ro~iTr~vhll,~=h=~, Danielle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
Acting City Attorney
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PUBLISHED: 7-~ 3 ~---
Ordinance No. 4765
July 6, 1995
Page 5
Nl_l* I
M-I
II
II I
II
LEGAL DESCRIPTION OF PROPERTY
A tract of land being a part of Lots 2 and 3 of Short Subdivision No.
7-87, AFN 8808010138, King County records, City of Auburn, King County,
Washington, and being more particularly described as follows:
BEGINNINO at the northeast corner of said Lot 3; thence along the east
line of said Lot 3, south 02 degrees 40'36" west a distance of 268.62 feet
to the northerly line of 37th Street N~; thence along said northerly road
lies, the following courses and distances:
North 86 degrees 21'54" west s distance of 88.95 feet; thence south 03
degrees 38'06" west a distance of 14.00 feet; thence north 86 degrees
21'54" west a distance of 175.72 feet to a point of curvature; thence on a
tangent curve to the right, radius equal to 34.00 feet,.through an arc
distance of 46.95 feet to a point of continuous curvature, said point being
on the easterly line of West Valley Highway; thence leaving 37th Street NW
and continuing along the easterly line of West Valley Highway, the
following courses and distances:
Continuing along a curve to the right, radius equal to 918.90 feet,
through an arc. distance of 144.83 feet to a point of tangency; thence north
01 degree 46'46" east s distance of 180.94 feet; thence leaving said road
line, south 88 degrees 14'19" east a distance of 428.77 feet to the east
line of the aforementioned Lot 2; thence along said east line, south O0
degrees 42'38" west a distance of 79.92 feet to the southeast corner of
said Lot 2; thence along the south line of said Lot 2, north 88 degrees
14'19" west a distance of 117.20 feet to the POINT OF BEGINNING.
Above described parcel contains 118,281 square feet, or 2.715 acres,
and is subject t~ all easements, restrictions, conditions, and reservations
of record, if any.
Ordinance No. 4765
Exhibit "A"