Loading...
HomeMy WebLinkAbout4765 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 17 18 19 20 21 22 23 24 25 26 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 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 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 Page 4 1 2 3 4 5 6 7 ATTEST: Ro~iTr~vhll,~=h=~, Danielle E. Daskam, Deputy City Clerk APPROVED AS TO FORM: Acting City Attorney 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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"