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Home My WebLink About5840 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 1111111 IIIIIIIIIIU ~c~~~Ø7Ø8ØØØ116 PAGE001 OF .¡J ORC 26.00 07/08/2004 09:33 KING COUNTY, IJA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance 5840) rß) 2u PrvwT W (3(6' L ~ I L Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page _ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. La Terra Limited Partnership Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The SW Y4 of the NE Y4 in Section 12, Township 21 North, Range 4 East, Lying easterly of H St NW [8J Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number 1221049003, 1221049004 o Assessor Tax # not yet assigned !' ORDINANCE NO. 5 8 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING APPROXIMATELY 39 ACRES OF PROPERTY LOCATED AT 1620 H STREET NW WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM M-1 (LIGHT INDUSTRIAL) TO C-3 (HEAVY COMMERCIAL) WHEREAS, Application No. REZ04-0002 dated the 16th day of January, 2004, has been submitted to the City of Auburn, Washington, by La Terra Limited Partnership, requesting the rezoning of the approximately 39 acres of land at 1620 H. Street NW, Auburn, Washington 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 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 March 29, 2004, at the conclusion of which hearing and after consideration of a request for reconsideration, the Hearing Examiner recommended the approval of the rezoning of said property; and ------------------- Ordinance No. 5840 April 15, 2004 Page 1 of5 WHEREAS, the City Council, on April 19, 2004, considered said request and affirmed the Hearing Examiner's recommendation for rezone based upon the Amended Findings of Fact and Conclusions of Law and Decision, a copy of which is attached hereto, marked as Exhibit "B" and incorporated herein; and WHEREAS, after due consideration, and for each of the reasons set forth in said Exhibit liB," the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval; and WHEREAS, it is noted, however, that not withstanding the acreage reference identified in the Hearing Examiner's Decision, (listed as 7.18 acres), the correct area of the property involved is approximately 39 acres. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Rezone. The property located at 1620 H Street NW, in Auburn, King County, Washington, consisting of approximately 39 acres, identified on said Exhibit "A," the same is hereby rezoned from M-1 (LIGHT INDUSTRIAL) to C-3, (HEAVY COMMERCIAL). Section 2. 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 No. 5840 April 15, 2004 Page 2 of 5 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recordina. 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 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. 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. APR 1 9 2004 INTRODUCED: PASSED: APP APR I 9 2004 APR 1 9 2004 ~ PETER MAYOR ATTEST: J/)øC'c( ~~ banielle E. Daskam City Clerk ------------------- Ordinance No. 5840 April 15, 2004 Page 3 of5 Daniel B. 10 City Attorney f¡J~uLJ -r-O<3..··ðy ------------------- Ordinance No. 5840 April 15, 2004 Page 4 of5 Exhibit "A" to Ordinance number 5840 Legal Description King County Tax Parcel 122104-9003 THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER IN SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.., LYING EASTERLY OF "H" STREET NORTHWEST AS CONVEYED TO KING COUNTY UNDER KING COUNTY RECORDING NO. 470671; EXCEPT THAT PORTION THEREOF CONDEMNED BY THE CITY OF AUBURN FOR 15TH STREET NORTHWEST EXTENSION IN KING COUNTY SUPERIOR COURT CAUSE NO. 733305 AS PROVIDED FOR IN ORDINANCE NO. 2467 OF SAID CITY; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Legal Description King County Tax Parcel 122104-9004 PARCEL "G", CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0019-93 AS RECORDED UNDER KING COUNTY RECORDER NO. 9312271339; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. ------------------- Ordinance No. 5840 April15,2004 Page 5 of5 EXHIBIT "B" TO ORDINANCE NO. 5840 Page 1 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) ) NO. REZ04-0002 AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDA nON Mark Hancock For Approval for a Rezone Based on the record developed at a public hearing on March 29, 2004, a Recommendation on the above rezone was submitted to the City Council of Auburn. The Recommendation was supported by Findings of Facts and Conclusions. Pursuant to the Rules of Procedure of the Hearings Examiner, on April 7, 2004 the City submitted bye-mail a document that will be identified as a Request for Reconsideration of the the City. It will be made part of the record as Exhibit 10. Based on the material submitted in the Request the items listed below are the amended Findings of Fact, Conclusions and Recommendation of the Hearing Examiner. In addition, the March 29,2004 document is amended to reflect the correct title of the Auburn City Code (ACC) and not the Auburn Municipal Code (AMC). AMENDED FINDINGS OF FACT 3. Property located north of the subject property is zoned Heavy Industrial and designated flli...Heavy Industrial and Light Industrial inthe Comprehensive Plan. Property east of the site is zoned Light Industrial, Heavy CommerciaVLight Industrial and designated as Light Industrial, Heavy Commercial/Light Industrial in the Comprehensive Plan. Property south of the subject property is zoned Light Industrial and designated Light Industrial in the Comprehensive Plan. Property to the west is zoned Light Industrial and designated as Open Space in the Comprehensive Plan. Exhibit 1, Staff Report, page 2. 5. The subject property has wetlands on it; however, the Applicant has not conducted a wetland delineation to determine the exact location and status of the wetlands. Exhibit 1, Staff Report, page 7; Testimony of Mr. Hancock. AMENDED CONCLUSIONS 5. The proposed rezone is consistent with surrounding uses. The Zoning designations of surrounding properties include ~Light Industrial.:, and ~Heavy IndustriaC All surrounding zoning designations are consistent with the Comprehensive Plan. The proposed rezone will be consistent with surrounding land uses. Findings of Facts Nos. 2, 3, 4. " EXHIBIT "B" TO ORDINANCE NO. 5840 Page 2 RECOMMENDATION Based upon the preceding Findings and Conclusions, the request for a rezone of7.18 acres at 1620 H Street NW in Auburn, Washington from M -1, Light Industrial to C3, Heavy Commeroial should be granted. No other amendments are made. Dated this ih day of April, 2004. ISI James M. Driscoll, Hearing Examiner