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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Titles) (or transactions contained therein):
1. Ordinance No. 5627 (Rezone Application REZ01-0006)
Reference Number(s) of Documents assigned or released:
reference #'s on page _ of document -///5
Grantor(s) (Last name first, then first name and initials) �U a Cl 1S_
1. Auburn, City of
.orantee: (Last name first)
I . Auburn Properties
_egal Description (abbreviated: i.e. lot, block, plat or section, township, range)
iection 19, TWP21 N, R5E
E] Additional legal is on page 7 of the document.
Assessor's Property Tax Parcel/Account Number:
192105-9104,192105-9127
❑ Assessor Tax # not yet assigned
ORDINANCE NO. 5 6 2 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, PROVIDING FOR THE REZONING OF APPROXIMATELY
6.59 ACRES OF PROPERTY LOCATED AT EAST SIDE OF A STREET SE
AND 1,200 FEET NORTH OF 29TH STREET SE WITHIN THE CITY OF
AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION
FROM R-3 (DUPLEX) AND C-3 (HEAVY COMMERCIAL) TO M-2 (HEAVY
INDUSTRIAL).
WHEREAS, Application No. REZ01-0006 dated September 19, 2001,
has been submitted to the City of Auburn, Washington, by J.B. Rupert of
Rupert Engineering represented Auburn Properties, requesting the rezoning of
approximately 6.59 acres of property located at the East side of A Street SE
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M and 1,200 feet north of 29t Street SE from R-3 (DUPLEX) AND C-3 (HEAVY
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W COMMERCIAL) TO M-2 (HEAVY INDUSTRIAL) and hereinafter described
c below and as identified on Exhibit "A" attached hereto and incorporated in this
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N Ordinance by this reference; and
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`V WHEREAS, said request above 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 the request in the Council Chambers of Auburn City
Hall on December 18, 2001, at the conclusion of which the Hearing Examiner
recommended the approval of the rezoning of said property; and
Ordinance 5627
January 9, 2002
Page 1
WHEREAS, the City Council, on January 7, 2002, considered said
request and affirmed the Hearing Examiner's recommendation for rezone
based upon the following Findings of Fact and Conclusions of Law and
Decision, to -wit:
FINDINGS OF FACT
1. Auburn Properties has filed an application to have their property, located
on the east side of "A" Street SE and 1,200 feet north of 29th Street SE,
rezoned from its existing zoning classifications of R-3, Duplex and C-3,
Heavy Commercial to a proposed zoning classification of M-2, Heavy
Industrial. The property is currently vacant and is approximately 6.59 acres
in size.
2. The Comprehensive Plan Map for the City of Auburn illustrates this
property as Heavy Industrial and therefore the rezone to M-2 would be
consistent with the Comprehensive Plan. The Comprehensive Plan Map
was amended in 2000 to specifically include this property as Heavy
o Industrial. The amendment was approved in large part due to the adjoining
C= property, to the south, being zoned M-2 and owned by the same company
that owns the property that is requesting the subject rezone. The property
to the south has been used as a concrete manufacturing facility for a
<., number of years.
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N 3. To the north and east of the subject rezone are residentially zoned
oproperties. The Zoning Code will require a minimum of a 30 foot wide
landscaped buffer from these adjoining residential properties. There is not
currently a development proposed for the subject property. Depending
what is proposed for development, there may be additional mitigating
measures required to appropriately buffer the adjoining residential uses.
4. Recent air photos indicate the subject property is being used for outdoor
storage, which is inconsistent with the existing zoning. Upon the property
being zoned M-2, the property owner shall obtain the necessary City
approvals to allow for the outdoor activity or the outdoor activity shall be
removed.
Ordinance 5627
January 9, 2002
Page 2
5. The contents of the case file # REZ01-0001 and the environmental file
#SEP01-0037 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:
C; Section 1. Purpose. The above-cited Hearing Examiner's Findings of
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C=) Fact, Conclusions of Law and Decision, are herewith incorporated in this
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Ordinance.
o Section 2. The following property located at East side of A Street SE
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N and 1,200 feet north of 29th 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 R-3, (Duplex) and C-3, (Heavy Commercial) to M-2, (Heavy
Industrial).
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
Ordinance 5627
January 9, 2002
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
implement such administrative procedures as may be necessary to carry out
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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force five days from and after its passage, approval and publication as provided
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by law.
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N INTRODUCED: 22, 2002
PASSED: January 22, 2002
APPROVED: January 22, 2002
PETER B. LEWIS
MAYOR
Ordinance 5627
January 9, 2002
Page 4
rAMMIS
Danielle E. Daskam
City Clerk
City Attorney
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Ordinance 5627
January 9, 2002
Page 5
192105-9104
A PORTION OF. GOVERMENT LOT 4 SECTION 19. TOWNSHIP 11 NORTH, RANGE
5 EAST. W.Y. DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH LINE 597.4 EAST OF THE SW CORNER OF SAID GOVT LOT;
THENCE NORTH 328.75 FEET; THENCE EAST 597.4 FEET TO A POINT 129.3 FEET
NORTH OF THE SOUTHEAST CORNER OF LOT 4;
THENCE SOUTH 129.3 FEET TO SOUTHEAST CORNER;
THENCE WEST 597.4 FEET TO BEGINNING;
ALSO SOUTH 328.75 FEET OF THE EAST 177.4 FEET OF THE WEST 597.4
FEET OF SAID GOVERMENT LOT 4; EXCEPT ROADS:
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0 192105-9127
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o THAT PORTION O THE SW QUARTER OF THE SW QUARTER OF SECTION 19, TOWNSHIP
21 NORTH, RANGE .5 EAST, W.11., DESCRIBED AS:
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o BEGINNING AT THE SW CORNER OF SAID SECTION 19; THENCE NORTH ALONG THE WEST
LINE THEREOF 328.20:
`" SECTION 320 FEET TO TRE P01 AST PARALLEL HWEN E THE EAST SOUPARTH
LLINEEL
OF
FFITHSAIDSAJD
SOUTH TOO THELSOUTHNE OLINE OFA SAID SECTTIONN;PARALLEL
THENCE WWIT ALONG TH SAID WEIp LINESOW328.20 FEET LINE 100 FEET;
THENCE NORTH 328.30 FEET TO THE POINT OF BEGINNING.
Ordinance 5627
Exhibit A