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5663
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): 7 a s "4 t- i ,� 4q Y 1. Ordinance No. 5663 4d 3y -1y-rZ Reference Number(s) of Documents assigned or released: ❑Additional reference Ws on page _ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Thurtle, George as Ic tits (Jfn,,' Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 31 TWP 22 N, R5E 23 Additional legal is on page 7 of the document. Assessor's Property Tax Parcel/Account Number: 302105-9280 ❑ Assessor Tax # not yet assigned 0 ORDINANCE NO. 5 6 6 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED SOUTH OF 277TH AND WEST OF GREEN RIVER WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM P-1 AND R-2 (PUBLIC AND SINGLE FAMILY) TO R-3 AND R-4 (DUPLEX AND MULTI -FAMILY). WHEREAS, Application No. REZ02-0001 dated January 30, 2002, has been submitted to the City of Auburn, Washington, by George Thurtle, requesting the rezoning of the parcel of land south of South 277th and west of Green River from P-1 and R-2 (PUBLIC AND SINGLE FAMILY) to R-3 AND R- 4 (DUPLEX AND MULTI -FAMILY) and hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and 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 April 16, 2002, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and Ordinance 5663 May 15, 2002 Page 1 WHEREAS, the City Council, on May 6, 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. George Thurtle the owner of a 42 acre parcel of property located south of South 277th and west of the Green River has requested that his property be rezoned from its existing zoning of P-1, Public and R-2, Single Family to a proposed zoning of R-4, Multi -Family and R-3, Duplex. The northern portion of the site which abuts South 277th will be zoned R-4 and is about 22 acres in size. The southern part will be zoned R-3 and is about 20 acres in area. All of the property is currently vacant. 2. The City in 2000 amended the Comprehensive Plan map such that the I`r? northern portion would be appropriate for high density multi -family and the %10 southern portion would be appropriate for moderate density multi -family. L` The change in the Comprehensive Plan map was due to a number of CD changed circumstances in the area. One of the changes was the opening CD of the South 277th corridor from Highway 167 and going east across the C:) Green River and connecting to the east area of Kent. Another change was \10 the purchase of 69 acres by the Port of Seattle to be used as a wetland r- mitigation site for the filling of wetlands for the Sea -Tac Airport expansion. e . The wetland mitigation site abuts the subject rezone on its south side. CD 3. The P-1 zoning was established on the property in 1990 via Ordinance G` 4409. It was established to reflect the park dedication requirements for a C, large residential development previously known as "Riverbend". The C\i Riverbend project was not built and a majority of it was sold to the Port of Seattle as previously described. Therefore, the property that is now zoned P-1 is not needed to provide a public park need of that significant size for any related development of the subject property. Park land will be required as part of the future development of the parcels proposed to be rezoned. Its location will most likely be adjacent to the Green River and a separate P-1 zoning will not be needed to attain the proper park dedication. 4. The subject rezone is a non -project rezone, i.e., the applicant has not brought forth a specific development proposal in conjunction with the Ordinance 5663 May 15, 2002 Page 2 rezone application. Any subsequent development application will be thoroughly analyzed as part of its environmental review including utilities, traffic, sensitive areas, parks, etc. 5. The contents of the case file, # REZ02-0001, and the environmental file, #SEP02-0003, 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 PICPI.C) to the Auburn City Council on this rezone application is approval C� © 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 CN Fact, Conclusions of Law and Decision, are herewith incorporated in this QOrdinance. CN Section 2. The following property located south of South 277th and west of the Green River 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 P-1 and Ordinance 5663 May 15, 2002 Page 3 R-2, (PUBLIC AND SINGLE FAMILY) to a proposed zoning of R-4, and R- 3,(MULTI-FAMILY AND DUPLEX.). 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 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 L� CD cause this Ordinance to be recorded in the office of the King County Auditor, CD CD Division of Records and Elections. t-- Section 5. Implementation. The Mayor is hereby authorized to L`- implement such administrative procedures as may be necessary to carry out Com.: C` the directions of this legislation. CD CV 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. Ordinance 5663 May 15, 2002 Page 4 M Lw O C) (ZD L� C::) C\9 C:) CD C\i ATTEST: Cathy R:Lclbirdson, Deputy City Clerk APPROVED AS TO FORM: City Attorney Ordinance 5663 May 15, 2002 Page 5 INTRODUCED: May 20, 2002 PASSED: May 20, 2002 APP D: May 20, 2002 PETER B. LEWIS MAYOR LEGAL DESCRIPTION OF PROPERTY MH.,LIH� 40 swnm'3T SEATTY C.L.C. Aho NCE OF 2843.18 FELT TB A FW -AST GQWMR OF SAID EAST LIRE OF BAID COX 7TT KENT BY DEW sam*EST BEATTY C.L.C. AIV NCE OF 2643.18 FEET TO A 1NEA5T CMNS CF SAID BTAEET�-ai _S 1756.72 FEET TOA POINT 20.00 FEET EAST aF THE RIGHT-aFi/AY OF T"WX Ntl17�33'E 20.0a FEET Ta THE POINT OF BEBIIMNS. AAro MaS IM lMW SU FEETRAND now= 1 =AW UTILITIES OVFA M0 FEE7 THE fE7M DEPM DEBCRIBEO PARCEL 'A' ACROSS )FE 80UTH 60 FEET aF Ordinance 5663 Exhibit "A"