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HomeMy WebLinkAbout4954Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 JUL 0 I$$? CITY OF AuBuR crly CLERKS O iNCE RECEIVE[) THIS, DAY RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ORDINANCE NO. 4954 2. 3. 4. Reference Number(s) of Documents assigned or released: NONE IF]Additional reference #'s on page. of document Property Owner(s) (Last name first, then first name and initials) 1. The Quadrant Corporation 2. 3. 4. Grantor: (Last name first) 1. AUBURN, CITY OF 2. 3. 4. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 through 12, Inclusive, in Block 25, Jovita Heights, according to the plat thereof in Vol. 20 of Plats, page 12, in KC [] Additional legal is on page 2 of document. Assessor's Property Tax Parcel/Account Number: (<Parcel)) 375160-0727 D Assessor Tax # not yet assigned 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 ORDINANCE NO. 4 9 5 4 AN ORDINAI~CE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE WEST SIDE OF WEST VALLEY HIGHWAY AND SOUTH OF 15TH STREET SW, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM RS (RESIDENTIAL ZONE) TO C-3 (HEAVY COMMERCIAL). WHEREAS, Application No. REZ0006-96 has been'submitted to the Council of the City of Auburn, Washington, by THE QUADRANT CORPORATION, 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 WIqEREAS, 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 February 19, 1997, at the conclusion of which the Hearing Examiner recommended the approval o~ the rezoning of said property; and WHEREAS, the City Council, on March 3, 1997, considered said request and scheduled a closed record hearing to be held on March 17, 1997; and Ordinance No. 4954 March 18, 1997 Page 1 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 Wq4EREAS, the City Council, on March 17, 1997, conducted a closed record hearing and at the conclusion of which affirmed the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 2 o o The applicant, Quadrant Corporation, applies for a rezone from RS, Residential zone, to C-3, Heavy Commercial, zone. The subject property is located on the west side of the West Valley Highway, south of 15th Street SW. The site is 8.6 acres in size. The proposed rezone is located within a previous mining operation. The mining operation is now complete, and has been reclaimed. Surrounding zoning and land uses in the vicinity include C-3, commercial, to the north; the City of Algona to the south, and topsoil operations; the City of Algona to the east and commercial uses; and to the west residential zoning, vacant. The land to the north is designated for heavy commercial uses in the City of Auburn Comprehensive Plan while land to the west is designated for residential uses. The mining operation resulted in the creation of a flat area at the east side of the mining operation. This is the area for the proposed rezone. The remaining portion of the mining site slopes steeply uphill to the west. It levels out at the top. The steep portion will not be developed; however, some development is anticipated on the upper portion. Both the steep area and the upper area will retain the single family zoning designation. Ordinance NO. 4954 March 18, 1997 Page 2 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 The area proposed to be rezoned is illustrated on the City's Comprehensive Plan map for heavy commercial uses; however, Quadrant owns the surrounding property including the property to the east within the City of Algona, which is planned for development as one project with access provided by the West Valley Highway. The future use of the property has not yet been determined. At the time proposed development is anticipated, additional environmental review will be done. All aspects of development will be ~ddressed at that time. An adjoining property owner, T.E. Mathews, expresses concerns regarding future development and contained a request for an advisory committee. The contents of the case file are incorporated herein by reference. CONCLUSIONS OF LAW The rezone may be approved. The proposal is consistent with zoning and existing uses in the area. For each of the above referenced reasons, recommendation of the Hearing Examiner to the Auburn Council on this rezone from RS (Residential Zone) to (Heavy Commercial) is hereby approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: the City C-3 Ordinance NO. 4954 March 18, 1997 Page 3 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. ~ The following described property located on the west side of West Valley Highway and south of 15th Street SW, situate in the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from RS (Residential Zone) to C-3 (Heavy Commercial) and legally described on attached Exhibit ~ Upon the passage, this Ordinance as provided by law, of Auburn shall cause this office of the King County Elections. approval and publication of the City Clerk of the City Ordinance to be recorded in the Auditor, Division of Records and ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~ 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. 4954 March 18, 1997 Page 4 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 INTRODUCED: PASSED: APPROVED: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 4954 March 18, 1997 Page 5 CHARLES A. BOOTH MAYOR LEGAL DESCRIPTION FOR TOTAL SITE Lots 1 through 12, inclusive, in Block 25, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington; TOGETHER WITH those portions of 56th Avenue South, South 344th Street and 59th Avenue South, as vacated under City of Auburn Ordinance No. 3630 and recorded under Recording Number 8702100441, which attached thereto by operation of law. LEGAL DESCRIPTION FOR PORTION TO BE REZONED TO C-3 That portion of Lots 1 and 2 and Lots I0 through 12, inclusive, in Block 25, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington, AND those portions of South 344th Street and 59th Avenue South, as vacated under City of Auburn Ordinance No. 3630 and recorded under Recording Number 8702100441, which attached thereto by operation of laxv, lying easterly of the following described line: Beginning at the northxvest comer of said Lot 11; THENCE N 17°47'15" E, 155.09 feet; THENCE N 15°46'59'' W, 109.7I feet; THENCE N 23025'38'' E, 148.37 feet; THENCE N 18°25'13'' E, 140.56 feet; THENCE N 05016'36'' E, 95.90 feet, more or less, to a point on the north line of said vacated South 344th Street, said point lying N 89°39'19" W, 331.58 feet from the intersection of said north line with the east line of said vacated 59th Avenue South, said intersection also being the northeast comer of the southwest quarter of Section 23, Tov, nship 21, North, Range 4 East, Willamette, Meridian. Exhibit A Ordinance No. 4954