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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
FLED BY PNW7
1. Ordinance No. 5580 (Rezone REZ00-0002) k)lg3-7-12-
Reference Number(s) of Documents assigned or released:
]Additional reference #'s on page _ of document
3rantor(s) (Last name first, then first name and initials)
1. Auburn, City of
Grantee: (Last name first)
1. Trussler, Doug
_egal Description (abbreviated: i.e. lot, block, plat or section, township, range)
'ortion of Gov Lots 9 and 10, SE % of NE'/, in Section 19 T21 N R5E WM
�] Additional legal is on page 7 of the document.
Assessor's Property Tax Parcel/Account Number:
192105-9100
] Assessor Tax # not yet assigned
ORDINANCE NO. 5 5 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR THE REZONING OF 4.2 ACRES OF
PROPERTY LOCATED NORTH OF 17TH STREET SE AND EAST OF M
STREET SE WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING
THE ZONING CLASSIFICATION FROM M-2 (HEAVY INDUSTRIAL) TO R-0
(RESIDENTIAL OFFICE).
WHEREAS, Application No. REZ00-0002 dated January 10, 2000, has
been submitted to the City of Auburn, Washington, by DOUG TRUSSLER on
behalf of MILES SAND AND GRAVEL, requesting the rezoning of the 4.2 acre
parcel of land north of 17th Street SE and east of M Street SE from M-2
a (HEAVY INDUSTRIAL) to R-0 (RESIDENTIAL OFFICE) and hereinafter
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described below and as identified on Exhibit "A" attached hereto and
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I incorporated in this Ordinance by this reference; and
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C= WHEREAS, said request above referred to the Hearing Examiner for
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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 August 13, 2001, at the conclusion of which the Hearing Examiner
recommended the approval of the rezoning of said property; and
WHEREAS, the City Council, on August 20, 2001, considered said
request and affirmed the Hearing Examiner's recommendation for rezone
Ordinance 5580
August 23, 2001
Page 1
based upon the following Findings of Fact and Conclusions of Law and
Decision, to -wit:
FINDINGS OF FACT
Doug Trussler, on behalf of the owner, Miles Sand and Gravel, has
requested that a 4.2 acre parcel of land lying northerly of 17`h Street SE
and easterly of "M" Street SE be rezoned from its existing zoning of M-2,
Heavy Industrial to an RO, Residential Office zone. The purpose of the
rezone is to allow for the construction of 17 duplexes and 2 triplexes for a
total of 40 units.
2. Property to the west and south of the proposal is zoned RO, Residential
Office and is developed with multi -family housing. The proponent of the
subject rezone, Doug Trussler, also built these multi -family projects
adjacent to the subject rezone. The property to the north and east of the
rezone is zoned M-2, Heavy Industrial and is part of the Miles Sand and
_w Gravel operation.
3. The City's Comprehensive Plan Map illustrates the western most part of the
subject property as Office Residential. The eastern portion of the site is
C= currently not designated a specific land use. The area has been
designated a "Special Planning Area". The intent of a "Special Planning
Area" is that a specific subarea land use plan will be done for the
N conversion of the Miles gravel mining operation. Mining and reclamation
o activities continue to occur on the site and a subarea land use plan has not
V� yet been done. It is felt that the subject rezone is appropriate in that it is an
extension of the two adjoining multi -family projects as well as it should not
adversely impact the subarea plan when that is done.
4. Access to the project will be from "M" Street via an existing driveway that
serves the multi -family project to the west. Opportunities have also been
set aside to provide for another driveway to the east if the future street
pattern for the property to the east allows for the connection to the subject
multi -family connection. A condition within the Mitigated Determination of
Non -significance provides for this connection.
Ordinance 5580
August 23, 2001
Page 2
5. The contents of the case file #REZ0002-00 and the environmental file
#SEP00-0002 of this project are hereby incorporated by reference and
made part of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned has concluded that the rezone may be approved in that the
proposal 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:
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o Section 1. Purpose. The above-cited Hearing Examiner's Findings of
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o Fact, Conclusions of Law and Decision, are herewith incorporated in this
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Ordinance.
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"' Section 2. The following property located at north of 17th Street SE
and east of M Street SE 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-2,
(Heavy Industrial) to R-0, (Residential Office).
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
Ordinance 5580
August 23, 2001
Page 3
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
of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Recording. 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
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�? implement such administrative procedures as may be necessary to carry out
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the directions of this legislation.
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o Section 6. Effective date. This Ordinance shall take effect and be in
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C= force five days from and after its passage, approval and publication as provided
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by law.
INTRODUCED: September 4, 2001
PASSED: September 4, 2001
APPROVED: September 4, 2001
c!�g,Ga
CHARLES A. BOOT
MAYOR
Ordinance 5580
August 23, 2001
Page 4
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ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
Ordinance 5580
August 23, 2001
Page 5
i�EC„4i DESCRIPTION OF PROPERTY
PARCEL"B"
That P0rti0n of Gov. Lots 9 and 10, SE 1/4 of NE 1/4, in Section 19, T21N, R5E, W.M., in King
CcuntY, Washin8ton, being described as follows:
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u-, COrm�mcm8 at the southeast comer of said SE K, Thence S 89 3875" W, along the south fine of said
f*� SE 1/4 and the centerf ne of i 7th St. SE, a distance of 893.82 feet, to the east line of the west 429.00
o feet 0f said SE 1/4; Thence N 00 613'55" A along said east line, a
�T+ lime of the south 400.59 feet of said SE 1/ and the TRUE POINT OOF distance
NG; Thencethe north
o wing N 0013'55" E a distance of 348.05 feet, to the north line ofthe south 748 62 feet of said SE
C=) 1/4; Thence N 89 38'35" E, along said north line, a distance of 440.02 feet; Thence S 45 2733- E a
distaace of I62.93 feet, to the east line ofthe west 985.59 feet of said SE I/4; Thence S 00 13'55" W,.
o along said east line, a distance of 233.01 feet, to the north lime of the south 400.59 feet of said SE 1/4
N Thence S 89 38'35" W, along said north line, a distance of 556.62 feet, to the TRUE POINT OF
BEGINNING.
Ordinance 5580
Exhibit A