HomeMy WebLinkAbout6723 ORDINANCE NO. 6723
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE 4863
TO CORRECT A SCRIVENERS ERROR
WHEREAS, the city council enacted Ordinance 4863 on May 20, 1996 to approve
a conditional use permit for construction of a drive-in restaurant (currently Flame Burger)
at 3244 Auburn Way South.
WHEREAS, prior to the City Council enacting the ordinance, the subject parcel,
along with adjoining parcels, were subdivided and the parcel was given a new legal
description.
WHEREAS, the ordinance contained neither the new legal description nor a
correctly described old legal description. Due to an error by the applicant, the ordinance
instead contained a defective version of the old legal description, substituting Northeast
for Northwest in the description.
WHEREAS, the ordinance also contained an incorrect street address for the
subject parcel, which was located at 3244 not 3224 Auburn Way South.
WHEREAS, the Survey Supervisor for the City of Auburn has confirmed that the
legal description and street address in the ordinance are incorrect, and he has identified
the correct address and legal description.
WHEREAS, the Auburn School District, which is purchasing property within the
defective legal description, has expressed interest in the City correcting Ordinance 4863
to remove confusion regarding the title history of the property the district is purchasing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6723
August 5, 2019
Page 1 of 2 Rev.2018
Section 1. Amendment to City Code. Ordinance 4863 is amended to read as
shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
AUG 052019
INTRODUCED:
AUG 052019
PASSED:
AUG 052019
APPROVED:
• w
ANCY B, it' S, MAYO
ATTEST: APP VED AS TO FORM:
C17, r
Shawn Campbell, MMC, City Clerk S eve . G oss, , torney
Published:
Ordinance No. 6723
August 5, 2019
Page 2 of 2 Rev.2018
Exhibit A
ORDINANCE NO. 4 8 6 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, PROVIDING FOR A
CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF A DRIVE-IN RESTAURANT ON
PROPERTY ZONED CN (NEIGHBORHOOD
COMMERCIAL) LOCATED AT 32243244 AUBURN WAY
SOUTH, WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. CUP0006-95 dated May 5, 1995, together with site
plans therefore, has been submitted to the City of Auburn, Washington, by THOMAS
BUCKLEY, requesting a Conditional Use Permit to allow for the construction of a drive-in
restaurant in a CN (Neighborhood Commercial) zone located at 32243244 Auburn Way
South, within the City of Auburn, Washington, 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 April 16,
1996, at the conclusion of which the Hearing Examiner recommended the approval of the
issuance of a Conditional Use Permit to allow for the construction of a drive-in restaurant
in a NC (Neighborhood Commercial) zone; and
WHEREAS, the City Council, on May 6, 1996, considered said request and
affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to
allow for the construction of a drive-in restaurant in a CN (Neighborhood Commercial)
zone, located on property situated at 32243244 Auburn Way South, within the City of
Auburn, Washington, based upon the following Findings of Facts and Conclusions, to-wit:
FINDINGS OF FACT
1. The application, Andres Canenas, applies for a conditional use permit to allow the
construction of an 82 seat restaurant containing a drive-in window.
2. The subject property is located at 32243244 Auburn Way South and is currently
vacant. The property is zoned CN, (Neighborhood Commercial), and the subject
zoning requires a conditional use permit if a restaurant has a seating capacity of
more than 25. In addition, the conditional use permit is required for a drive-in
window.
3. This zone is intended to provide for commercial uses which serve a limited
neighborhood area. The conditional use permit review process is intended to
regulate the compatibility of the use with the neighborhood.
4. Surrounding zoning and land uses in the vicinity include R-4, vacant, to the north;
CN, Commercial, to the south; CN, vacant, to the east; and CN, commercial, to the
west. The Comprehensive Plan designates the subject site for neighborhood
commercial uses, and land located in all directions contains a similarly
Comprehensive Plan designation except for property to the north which is
designated for multiple family uses.
5. The site is located on Auburn Way South which is a heavily traveled major arterial.
The vacant structure currently on the property is an eyesore.
6. The applicant is proposing to remodel and add to the existing structure. Which
finished, the restaurant will be 3,000 square feet in area and will have 31 on-site
parking spaces.
7. The subject property is 32,942 square foot lot which is part of a four lot short plat.
All four lots have access from Auburn Way South along a common access.
8. A Mitigated Determination of Non-Significance containing 12 conditions of
approval has been issued addressing storm drainage, erosion control, and traffic.
CONCLUSIONS OF LAW
1. The permit may be approved if it is consistent with criteria set forth in the Zoning
Ordinance for the granting of a conditional use permit.
2. The first criteria is that the use have no more of an adverse effect on the health,
safety, or comfort of persons living or working in the area than would a use
generally permitted in the district. Given its location, the proposal will not have an
adverse effect upon the area. The proposal will replace an abandoned structure
and will ensure a coordinated access to the major arterial.
Ordinance No. 4863
May 10, 1996
Page 2 of 5 Rev.2018
3. The Comprehensive Plan illustrates the area to be appropriate for uses such as
this one. Accordingly, the proposal complies with the goals, policies, and
objectives of the plan.
4. The proposal complies with all requires of the Zoning Ordinance.
5. The application contains drawings of building elevations which ensure that it will
be compatible with the neighborhood.
6. The proposal will not adversely affect the public infrastructure since traffic
improvements have been required as a result of the Mitigated Determination of
Non-Significance.
For each of the above referenced reasons, the recommendation of the Hearing
Examiner to the Auburn City Council on this Conditional Use Permit to allow the
construction of a drive-in restaurant in a CN (Neighborhood Commercial) zone, located
on property situated at 32243244 Auburn Way South, is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The above cited Hearing Examiner's Findings of Fact and
Conclusions, are herewith incorporated in this Ordinance.
Section 2. A Conditional Use Permit is hereby approved to allow the
construction of a drive-in restaurant in a CN (Neighborhood Commercial) zone, located
on property situated at 32243244 Auburn Way South, within the City of Auburn, County
of King, State of Washington, legally described on attached Exhibit "A," and made a part
hereof as though set forth in full herein.
Section 3. 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.
Ordinance No. 4863
May 10, 1996
Page 3 of 5 Rev.2018
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance,will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter, 1
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4863
May 10, 1996
Page 4 of 5 Rev.2018
EXHIBIT A
LEGAL DESCRIPITION
Lot 1
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
SOUTWEST QUARTER OF THE SOUTHWEST QUARTER AND OF THE WEST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 21 TOWNSHIP 21 NORHT, RANGE 5 EAST,
W.M., KING COUNTY WASHINGTON, LYING SOUTH OF A LINE DRAWN PARALLEL
WITH AND 250.00 FEET NORTH, WHEN MEASURED AT RIGHT ANGLES, OF THE
NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH):
EXCEPT THE WEST 125.00 FEET OF SAID EAST HALF: AND
EXCEPT THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
. . . _ k . . ■ A _ A
WITH THE NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY
OF 50.00 FEET: THENCE N 00 DEGREES 46' 31" E, PARALLEL WITH SAID EAST
LINE OF THE WEST HALF, A DISTANCE OF 205.01 FEET: THENCE N 67
DEGREES 21' 31" W, A DISTANCE OF 118.18 FEET TO A POINT ON A LINE
THENCE S 89 DEGREES 13' 51" E, ALONG SAID LINE. A DISTANCE OF 160.00
FEET TO A POINT ON SAID EAST LINE OF THE HEREINBEFORE DESCRIBED
SUBDIVISION: THENCE S 00 DEGREES 10' 31" W. ALONG SAID EAST LINE. A
DISTANCE OF 250.01 FEET TO THE POINT OF BEGINNING.
LOT 1, CITY OF AUBURN SHORT PLAT NUMBER SPL0003-95, RECORDED UNDER
RECORDING NUMBER 9508210641 RECORDS OF KING COUNTY, BEING A
PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN
THE CITY OF AUBURN. KING COUNTY, WASHINGTON.
Ordinance No. 4863
May 10, 1996
Page 5 of 5 Rev.2018
(5) 1111111 IIIUI I liii lI III III III III11111NIIIII III
FIRST AMERICANW
20190819000976
Return Address: 110'- ORDINANCE Rec:$110.80
Auburn City Clerk 8/19/2019 2:13 PM
KING COUNTY,WA
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. 6723
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Said dncuments worm Mod of
Grantor(s) (Last name first, then first name and initials) record as an accomodotiun only.
It has not:been examined as to
proper execution or as to its
The City of Auburn effect upon title
Grantee: (Last name first)
Auburn School District
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion Of The Southwest Quarter Of The Southwest Quarter Of Section 21, Township 21 North, Range 5
East, Willamette Meridian, In The City Of Auburn, King County, Washington.
® Additional legal is on page 5 of Exhibit A of the document.
Assessor's Property Tax Parcel/Account Number:
0 Assessor Tax#not yet assigned