HomeMy WebLinkAbout44501
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CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
Auburn, WA 98001
ORDINANCE NO. 4 4 5 0
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF PROPERTY LOCATED AT 3214 "A" STREET S.E.,
WITHIN -THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING
CLASSIFICATION THEREOF FROM COUNTY SR (SUBURBAN RESIDENTIAL)
TO C-3 (HEAVY COMMERCIAL).
WHEREAS, Application No. REZ0003-89 has been submitted to
the Council of the City of Auburn, Washington, by RONALD
BALMER, 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 May 16, 1989, at the
conclusion of which the Hearing Examiner recommended the
approval of the rezoning of said property, based upon the
following Findings of Fact and Conclusions, to -wit:
FINDINGS OF FACT
1. The applicant, Ronald Balmer, applies for a rezone from
County zoning of Suburban Residential to the City of
Auburn zoning designation of C-3, heavy commercial.
2. The subject property is located at 3214 "A" Street S.E.
within King County and is 1.66 acres in size. The
existing zoning is a County zoning designation, Suburban
Residential, although the existing land use is for an
auto repair and towinq yard. The Comprehensive Plan
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Ordinance No. 4450 CASHS.L ***t 1. 00
July 20, 1990 �J`;l SiNi 4 3'm333H_
Pagel
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designates the subject site for heavy commercial uses.
Surrounding zoning and land uses include County Suburban
Residential zoning to the north with accompanying
residential uses; to the south City of Auburn C-3, Heavy
Commercial; to the east M-2, Industrial; and to the west
M-1, Industrial.
3. In addition to the rezone request the owner has
petitioned to have his land annexed to the City of
Auburn. The annexation request is considered by the City
Council through a separate process.
4. The subject parcel is located within an island of the
County and the City has been accepting small annexations
and zoning in compliance with the City's Comprehensive
Plan.
5. The area next to "A" Street is currently being zoned C-3,
Heavy Commercial, in recognition of the uses that have
been established on "A" Street and as a result of the
fact that "A" Street is developed as a five -lane arterial
with appropriate utilities.
6. The applicant's current use, Valley Transmission and
Towing, which provides auto repair and a towing service
is a permitted use within the C-3 zone. If the towing
and related storage yard were operated separately and the
auto repair business were to cease, the towing and
related storage yard may be a non -conforming use in the
C-3 zone. Staff has concluded that even if the yard were
to be considered a non -conforming use, it now occupies a
large portion of the site and is physically constrained
which would preclude any significant expansion of the
towing yard. In any event, there is no evidence in the
record to suggest that the applicant intends to
discontinue the auto repair use.
7. The City of Auburn Fire Marshall has commented that there
may be a possibility of outstanding Fire Code violations
which will be addressed more closely in the annexation
process.
8. The staff report with its recommendation of approval of
the rezone is incorporated herein as though set forth in
full.
Ordinance No. 4450
July 20, 1990
Page 2
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CONCLUSIONS OF LAW
1. State law as set forth in RCW 35A.14.330 permits the City
to establish zoning upon property which has not yet been
annexed. The zoning designation does not yet become
legally enforceable until the area is officially annexed
to the City of Auburn.
2. The rezone as proposed is consistent with the
Comprehensive Plan, existing land uses and the public
infrastructure is adequate to support the continuing use
anticipated by the proposal.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this rezone from County SR (Suburban Residential)
to C-3 (Heavy Commercial), is that it be 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 rezone from County SR (Suburban
Residential) to C-3 (Heavy Commercial) located at 3214 "A""
Street S.E., situate in the City of Auburn, County of King,
State of Washington, is hereby approved and is legally
described,as follows:
Ordinance No. 4450
July 20, 1990
Page 3
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The west 370 feet of the south 256 feet of
that portion of Government Lot 2 in Section
30, Township 21 North, Range 5 East, W.M.,
lying easterly of Primary State Highway No.
5; except the east 100 feet of the north 226
feet thereof, situate in King County, State
of Washington, subject to easement of
record. More commonly known as 3214 "A"
Street S.E, Auburn, Washington 98002.
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, Division of Records and
Elections.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
---------------------------------
Ordinance No. 4450
July 20, 1990
Page 4
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INTRODUCED:
PASSED: v
APPROVED:
ATTEST:
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Robin Wohlhueter, City Clerk
17 APPROVED AS TO FORM:
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�1\ )-nlakX - A
Marguerite Schellentrager,
City Attorney
PUBLISHED:
M A YUO R
Ordinance No. 4450
July 20, 1990
Page 5
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King" State of Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4450 of the ordinances of the City of Auburn,
entitled "AN ORDINANCE.
j"
I certify that said Ordinance No.,'4450 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the the 6th day of August A.D.,
1990.
Ifurther certify that said., Ordinance. No. _4450 ;was published as provided by law
in the Valley Daily News, a daily newspaper_ published in -the City of, Auburn, and of
general circulation, therein; on` the',12th day of August, A.D., 1990.
Witness my hand and. the official seal of the City of Auburn this
November 5, 1990, A.D.
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Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000