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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
1111111-11
2000052+
PACIFIC NW TIT CORD
PAGE 001 OF 008
05/23/2000 14:17
KING COUNTY, WA
1001554
25.00
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): FILLED BY PNWT;
1. Ordinance No. 5365 (REZ0005-99) ZV416y-/0
Reference Number(s) of Documents assigned or released: q I�
DAdditional reference Ws on page _ of document
Grantor(s) (Last name first, then first name and initials)
1. City of Auburn
Grantee: (Last name first)
1. Valley Pontiac Buick GMC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SW 06-21-05
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ORDINANCE NO. 5 3 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF 30TH STREET NE AND
AUBURN WAY 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. REZ0005-99 dated August 6, 1999, has
been submitted to the City of Auburn, Washington, by Valley Pontiac Buick
GMC, requesting the rezoning of the real property located at Northeast corner
of 30th Street NE and Auburn Way North from M-1 (Light Industrial) to C-3
(Heavy Commercial) and hereinafter described below and as identified on
Exhibit "A" attached hereto and incorporated in this Ordinance by this
reference; and
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WHEREAS, said request above referred to the Hearing Examiner for
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N study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review, held a
public hearing to consider the request in the Council Chambers of Auburn City
Hall on February 29, 2000, at the conclusion of which the Hearing Examiner
recommended the approval of the rezoning of said property; and
WHEREAS, the City Council, on March 20, 2000, considered said
request and affirmed the Hearing Examiner's recommendation for rezone
Ordinance 5365
March 22, 2000
Page 1
FINDINGS OF FACT
Valley Pontiac Buick GMC has requested that a 34,543 square foot parcel
of property located at the northeast corner of 30th Street NE and Auburn
Way North be rezoned from its existing zoning of M-1, Light Industrial to a
proposed zoning of C-3, Heavy Commercial.
2. The purpose of the rezone is to accommodate the expansion of the Valley
Pontiac Buick GMC automobile dealership that abuts the north property
line of the subject parcel.
3. The Comprehensive Plan Map designation is Heavy Commercial. This
designation was established on the property in 1999. The Heavy
Commercial designation was changed from the Light Industrial designation
that was previously on the property. The Light Industrial designation
reflected the ownership of the property by an industrial user to the east of
the subject rezone. The industrial user determined to not have a need of
the property and was subsequently sold. The Heavy Commercial
designation is more appropriate given that it fronts on Auburn Way North,
which is an arterial that has significant commercial uses with an emphasis
on car dealers.
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5. A citizen, Jennice Severson, expressed concern regarding loading and
m unloading of vehicles and surface water runoff. In response, the applicant
indicated that the loading and unloading of vehicles which occurs in the
street is from another car dealership. The applicant confirmed that loading
and unloading of vehicles will occur on their own lot for deliveries which are
C= 1 being transported to the Valley Pontiac car lot. Both the applicant and the
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City confirmed that the environmental determination addressed not only
surface water runoff concerns, but also vegetation retention which was an
issue addressed by another concerned citizen.
6. The contents of the case file, #REZ0005-99, and the environmental file,
#SEP0031-99, are hereby incorporated by reference and made part of the
record of this hearing.
Ordinance 5365
March 22, 2000
Page 2
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CONCLUSIONS OF LAW
The rezone may be approved in that the rezone is consistent with the
Comprehensive Plan Map designations, zoning and existing uses in the area.
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council on this rezone application is approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The above-cited Hearing Examiner's Findings of
Fact, Conclusions of Law and Decision, are herewith incorporated in this
Ordinance.
Section 2. The following property located at Northeast Corner of 30th
and Auburn Way North and identified on Exhibit "A" attached hereto and
incorporated in this Ordinance by this reference, in the City of Auburn, County
of King, State of Washington, be and the same is hereby rezoned from M-1
Light Commercial to C-3, Heavy Commercial.
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 thereof to any person or circumstance shall not affect the validity
Ordinance 5365
March 22, 2000
Page 3
of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. 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 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
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INTRODUCED: April 3, 2000
PASSED: April 3, 2000
APPROVED: April 3, 2000
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CHARLES A. BOOTH
MAYOR
Ordinance 5365
March 22, 2000
Page 4
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ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
PUBLISHED: -/'- 9'aaa-)
Ordinance 5365
March 22, 2000
Page 5
LEGAL DESCRIPTION
LOT 1 OF THE CITY OF AUBURN SHORT PLAT NUMBER SPL 0007-98,
AS RECORDED UNDER RECORDING NUMBER 9811200306, RECORDS OF
KING COUNTY, WASHINGTON.
Exhibit A to
Ordinance 5365
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Ordinance No. 5365
Exhibit "A"'