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Home My WebLink About4644 , . , CITY CLERK'S OFFICE " • CITY OF AUBURN . 25 West Main Aubum, WA 98001 1 ORDINANCE NO. 4 6 4 4 2 3 AN ORDINANCE OF THE CITY OF AUBURN; WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF' 4 37TH AND WEST VALLEY HIGHWAY NORTH, WITHIN THE CITY OF P,UBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM 5 M-1 (LIGHT INDUSTRIAL) TO C-3 (HEAVY COMMERCIAL) AND`_A COMPREHENSIVE PLAN NlAP AMENDMENT EROM LIGHT INDUSTRI:AL TO 6 HEAVY COMMERCIAL. 7 WHEREAS, Application No. REZ0003-93 and MIS0010-93.have ` been submitted to the Council of the City of Auburn, 8 ~ 9 Washington, by JAN and, JOHN BREKKE, requesting the rezone and ~ 10 Comprehensive Plan Map amendment of the real property ~ hereinafter described in Section 2 of the Ordinance, which O 11 ~ application was dated July 29., 1993; and, ~ 12 ~ 13 WHEREAS, said request above referred to, was referred to • 14 the Planning Commission for study and public hearing thereori; 15 and . 16 WHEREAS, the Planning Commission, based upon staff r.~. . . . . . . 17 review, held a public hearing to cpnsider said petition in the. _ 18 Council Chambers of the Auburn City Hall, on October 5, 1993, 19 at the,conclusion of which the:Planning Commission recommended ~ x~ 20 the approval of the request for.rezone and_Comprehensive Plan W. . ~ ~ 21 amendment of said.property based upon the following. Findings ~ 22 of Fact and Conclusions, to-wit: ~ 23 ~ ~ . 24 . 25 ~ y , lu 26 ~ ;r - Ordinance No. 4644 " October 22,1993 . . Page. 1 2 FINDINGS OF FACT 3 1. The applicant, John Brekke, has requested that a 1.64 4 acre parcel of land, located on the northeast corner of 37th and West Valley Highway North, be rezoned from M-11 5 Light Industrial, to C-3, Heavy Commercial. A, Comprehensive P1an map amendment, is also part of the. 6 application. The amendment would change the map designation from light industrial to heavy commercial. 7 2. The property is developed and contains four separate 8 buildings. The two buildings that front on 37th Street and the West Valley Highway are included in this 9 application and contain 18,949 square feet. The other two buildings will remain zoned M=1, Light Industrial and 10 contain 19,807 square feet. 3. The development was proposed to be an office-warehouse- 11 light manufacturing, use. Howeyer, given it's location at this intersection it became desirable to have commercial - 12 related uses, as opposed to l.ight industrial uses, in - ~13 those two buildings that front on the streets. • 4. ; The M-1 zone, through an administrative use permit, does ~ 14 allow for some commercial uses, e.g., restaurants, banks, ~ offices, and limited retail sales. An admi.nistrative use ~ 15 permit was issued for the deli that currently occupies ~ 16 one of the buildings. All other uses in the two ~ - buildings are permitted within the M-1 zone, with the 17 exception of the Pet Club. 18 5. The Pet Club is a pet supply store and is primarily a retail activity. In 1991, the Pet Club applied for a ; 19 business registration for wholesale sales. Wholesale sales is a permitted use in the M-1 zone and therefore 20 the City approved the business,registration. 21 6. Subsequent to the issuance.of.the business registration, Pet Club began to sell at retail. The Hearing Examiner. 22 found this to be an illegal activity, ordered it to cease, and:assessed a $1,700 fine. 23 7. The Pet Club has continued to-sell-at retail and has' 24 failed to pay the fine. 25 26 Ordinance No. 4644 Oetolier 22,1993 Page 2 1 8. Earlier in 1993, the Pet Club applied for an 2 administrative use permit to allow for retail sales of pet supplies. The Planning Director determined that it 3 could not be permitted in the M-1 zone, The Director's decision was appealed to the Hearing Examiner- and subsequently to the City Council. Both the Examiner and 4 the Council upheld the Planning Director's decision. 5 9. In addition to the Pet club, the two buildings contain 6 uses that consist of a deli, contractor services, computer assembly, a publisher, a food broker/wholesaler, ambulance company, and an automotive machine shop. There. 7 are also two vacant spaces. All of these uses, with the 8 exception of the food broker/wholesaler, are permitted in the C-3 zone either as an outright permitted use or as a 9 conditionally permitted use. It appears that the food broker/wholesaler will become the only non-conforming use 10 if the rezone is approved. 11 10. There are a: total of 83 parking spaces on site. The , applieant has set aside 59 spaces for the C-3 users.. 12 These parking spaces are adequate for the existing uses and for conversion to other general retail users. The 13 applicant needs to be aware that any future. tenants ~ cannot create a:parking need greater than the 0D 14 number of parking spaces on site for either the C-3 or M- ~ 1 zone. The remaining M-i:zone wili have 24 parking ~ 15 spaces which is adequate for the existing and future office/warehouse users. ~ ~ 16 11. Across the street to the west, at both corners of the ~ 17 intersection, is existing C-3. zoning. The southwest ~ corner is being developed as a C-3 use. The northwest 18 corner is not as yet developed as commercial. 19 20 CONCLUSIONS OF LAW 21 - 22 Staff has concluded that the rezone and Comprehensive 23 Plan map amendment may be approved. The application is 24 consistent with the existing C-3 zoning in the area, the 25 existing users are compatible with a C-3 designation, and the 26 - - - - Ordinance No. 4644 October 22,1993 , Page 3 ' 1 2 prQperty has evolved to be more conducive to commercial 3 activity than light industrial. 4 For each of the above referenced reasons, the 5 recommendation of the Planning Commission to the Auburn City 6 Council on the requested rezone and Comprehensive Plan Map 7 amendment is approved. 8. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 9 10 Section 1. The above cited Planning Commission's 11 Findings of Fact and Conclusions, are herewith incorporated in 12 this Ordinance. ~ Ll 13 section 2. The property located on the northeast corner ~ of 37th and West Valley Highway North, legally described in Q 14 ~ attached Exhibit "A", situate in the City of Auburn, Counfiy of ~ 15 16 King, State of Washington, be and the same is hereby rezoned ~ ~ 17 from M-1 (Light Industrial) to C-3 (Heavy Commercial). 18 togetherwith a Gomprehensive,Plan Map amendment from light 19 industrial to heavy commercial. 20 Section 3. Upon the passage, approval and publication of 21 this Ordinance as provided by law,,the City Clerk of the City ' 22 of Auburn shall cause this Ordinance to be recorded in the 23 office of the King County Auditor, Division of Records and 24 Elections. 25 ' 26 - - - - - Ordinance No. 4644 October 22,1993 . , Page 4 . , 1 2 Section 4. The Mayor is hereby authorized to implement 3 such administrative 'procedures as may be neeessary to carry. 4 out the directions of this legislation. , Section 5.~ This Ordinance shall take effect and be in 5 . 6 force five days from and after its passage, approval and ; 7 publication as provided by law. 8 INTRODUCED: 9 10 PASSED: ~~J . ~ 11 APPROVED : ~ . • 1f) 12 - w~ O 13 ° . ~ 14 ~ M A Y O R ~ ~ 15 ATTEST: 16 17 18 Robin Wohlhueter,: City Clerk , 19 20 APPROVED AS TO FORM: 21 22 Stephen R. Shelton,. 23 City Attorney 24 PUBLISHED:. 25 26 - - Ordinance No. 4644 October 22,1993 Page 5 y . ' . . - • . , I.96At, 00.0841M.4N A► YRACT OR L,AND BCiN3 A PART OP LOTS 2 AND 3 OF SH4RT SUBDIVISION N0. 7-87o AFN $808010138. KINO COUNTY RECORDS9 CXTY OP AUBURN, KINQ COUNTY. WASHINGTON, AND BEtNO FARTICULARLY DESCRIBEO AS FOLIOWSt DESCRIPTION Oa PORTxON ZONED C-3e BEQINNINQ AT THE N4RTNEAST CORNER OP SAID LOT 31 THENCE ALONG 1'HE EAST LxNE OF SA'ID I.OT 3. SOUTH 02 OEGREES 40036" WEST A DI57ANCE OF 139.71 FEE7 TO THE POINT OF B@GtINNYNGi 1'HENCE CONTiNUING.At.4NQ THE EA$Y 'LYNE OF SAID I.OT 3. SOUTM 02 bEGREES 40'36" WKSY A OISTANCE OP 128.91 FEET TO THE NORTHERLY lINE OF 3yTN STREET N.W.i-THENCE AI.ONG SAID' NORTHERLY ROAd I,xNE, THE FOLI.OWING COURSEB AND OISTANCESs NORTH 86 OEGREES 21054" WEST A DIS7ANCE OF 88.95 FEET'I TNENCE SOUTW 03 DE4REES 36'06" WEST A 01$TANCE.OF 14 FEETo THENCE ' NORYH 86 OEGREES 21184" WEST A CISTANCE OF-17$,72 FEET TO A 00 POINY OF CURVATUREi THENCE ON A TANGENi' CURVE TO THE RIGHT, 0 RADIVS EQUAl. TO 34.00 PEET. 1'HROUGH AN ARC b2$?'ANCE OF 46.96 : 44 FELY TO A POYNT OF CONTINUOUS CURVATURE, SAID POYN7 BEINQ ON G4 TNe EASTERI.Y LINE OF WEST VAt,LEY HIQHWAYt THENCE L.EAVINO 37TH -0 STREE3 N.W. AND CVNTZNUXNO Ai,ONO THE EASTERIY L$NE OF WESY cq VALI.EY HIGHWAY, THE FOLLOWYNG COURSES ANI? OISYANCESI ~ CON7INUINO AlQNO A CURVE TO THE a;GHT o ttADIUS EAUAI. TO 916,80 . ~ FEET. THROUGH AN ARC DaSTANCE OF 144.83 P'EET t0 A POXNT OR TANQENCYt 1'HENCE NORTH 01 DEGREES 46'44' EAST A DIStANCE OF 2180.,91 FEETI 7HENCE I.EAViNO SpIO R4AD LxNE, 50UTH $8 DEDREES . 14•19" EAST A CISTANCE OR ib5.00 FEET; THENCE 50U7H 01 pEGRFEB 46'460WEST A CISTANCE OF 222.00 FEETi TNENCE SOUZN'06 DEGREES 21'54" EAST A DISfiANCE OF 127.82 FEET, THENCE.N4RTH 02. DEQREES 40,360 EAST A OISTANCLP Cf 8.00 FEff T i THgNCE.SGUTH 06 DEQREES 21'54" EAST A DISYANCE OF 29.00 FEE'i TO YFiLr POINT OP BEGINNIN4. . THE ABOVE 6E5CRIBED PARGEL COtqTaYNS 73,654.90 SQt1ARE FEE1' s OR 1.64 ACRES, AND Y8 BUBJECT T0 ALL EASEMBNTB9 RESTRICTtONS, CONaIYIONS, AN6 RE8ERVAYIONS OF RECORD, IF ANY. Ordi.nance.No. 4644 Exhibit "A" OFFICE OF THE MAYOR CITY ADMINISTRATION CHARLES A. BOOTH, MAYOR e ' 25 WEST MAIN, AUBURN, WA 98001-4998 (206) 931-3041 , •~t • ~ 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. 4644 of the ordinances of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4644 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the lst day of November A.D., 1993. I further certify that said Ordinance No. 4644 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 7th day of November, A.D., 1993. Witness my hand and the official seal of the City of Auburn this March 24, 1994, A.D. Robin `Wohlhueter City Clerk City of Auburn ~ _ - _