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Home My WebLink About01-07-2012 1-07-2013 Finance Committee Agenda Mondification CITY OF_ WASHINGTON /// TO- Members of the Finance Committee Mayor Lewis FROM: Danielle Daskam, City Clerk SUBJECT January 7, 2013 Agenda Modification DATE. January 7, 2013 The January 7, 2013, City Council meeting agenda published on Friday, January 4, 2013, is modified as follows. III. ORDINANCES Ordinance No 6450 is added to the agenda. B Ordinance No 6450* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Orion Industries for a rezone from P-1, Public Use District to C-3, Heavy Commercial and relinquish a contract rezone to implement the Comprehensive Plan and amending the City's Zoning Maps accordingly *** See attachments included in the City Council Agenda Packet CITY OF BU AU ' WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6450 REZ12-0007—Orion Industries Date: January 7, 2013 Rezone Department: Planning and Attachments: Ordinance No. 6450 Budget Impact: N/A Development and See Exhibit List Administrative Recommendation: City Council introduce and adopt Ordinance No. 6450. Background Summary, OWNER/ APPLICANT Latitude Development LLC Attention. Dave Kessler, PO Box 817 Auburn, WA 98071 REQUEST Change in zoning of a portion of one parcel (Parcel Number 0000800022)from P-1 Public Use District, to C-3, Heavy Commercial and relinquish a contract rezone for Parcel Number 0000800026. LOCATION: The property is located at 1580 A Street NE, Auburn, WA 98002 Parcel Numbers: 0000800022 and 0000800026 EXISTING LAND USE. Park and Ride Facility and Vacant Land COMPREHENSIVE PLAN DESIGNATION: Heavy Commercial for both parcels SEPA STATUS: A MDNS was issued on December 4 2012 for the development including the rezone requests. Reviewed by Council&Committees: Reviewed by Departments&Divisions: ❑ Arts Commission COUNCIL COMMITTEES. ® Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Sery ❑ Finance ❑ Parks ❑ Human Services ❑ Planning&CD ® Fire ® Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval, ❑Yes ❑No Call for Public Hearing Referred to Until /_/ Tabled Unt_il / / Councilmember• Backus Staff• Snyder Meeting Date: January 7, 2013 Item Number AUBURN * MORE THAN YOU IMAGINED Agenda Subject. Ordinance No 6450 REZ12-0007—Orion Industries Date. January 7, 2013 Rezone The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are See Exhibit 9 for the Land Use Ma Comprehensive Plan Zoning Land Use Project Site Heavy Commercial P-1, Public Use District and Park and Ride and Vacant C-3, Heavy Commercial North Public/Quasi Public Landing Field Auburn Airport and Vacant Land South Public/Quasi Public and P-1, Public Use District and Parking and Ride directly Heavy Commercial C-3, Heavy Commercial south and commercial development south of 151H Street NE East Public/Quasi Public LF, Landing Field, and P-1, Auburn Airport and Vacant Public Use District Land, Park& Ride Zoning Map - u '� Coptract Rezone Area: Development A Area 02on;nq Ims •� �Cl light Commerdal DIAnl1 �^ v ■C2 Hemrai Rumnessal D,a ■C3 Neevy Commerdal pm,Dt CN DohborHO U ban C n t DislnG �DUC Downtown Urban Carter ■I I Environmental nal U Park District I Ik.land MI Use t,PUD LAkelend Hills South Pd LF airport LarMinq Field Diatnct EMI light lndustdel Dixnd �M2 Heavy Use Dunel DIAM1G ■PS Public Use DIAnQ CRUD Manned Unit Development RI Residential 1 DU/Acre R5 Residential 5 DU/Acre �R7 Re nderdial 7 OU/Acre ■R10 Residential 10 DU/ACre MR20 Residenbal 20 DU/Acre RC Residential Conservancy ■RMHC ResideMml Manufactured/Mobile Nome Units ■RO Residential ice Distnd ■RO-H RezidenCel ice D.Anct(HeW.1) MTV Terrace View Page 2 of 6 MUNC Undassihed Use Manat Agenda Subject: Ordinance No. 6450 REZ12-0007 —Orion Industries Date: January 7, 2013 Rezone FINDINGS OF FACT. 1 Latitude Development, LLC has applied for a rezone from P-1, Public Use District, to C-3, Heavy Commercial, for property located at 1580 A Street NE, Auburn, WA, Parcel Number 0000800022 The application also includes a contract rezone relinquishment for Parcel Number 0000800026. 2. The rezone site at 1580 A Street NE is approximately 51,061 square feet in size proposed for the rezone from P-1 to C-3 and contains an existing King County Metro Park & Ride facility The parcel involved in the contract rezone relinquishment is 119,817 square feet. The entire project site to be developed is approximately 285,735 square feet. 3. The land use designation on the Comprehensive Plan Land Use Map, which is adopted as part of the Comprehensive Plan, for the subject properties is Heavy Commercial. The land use designation of the southern portion (where the Park& Ride is located) of Parcel Number 0000800022 was changed from Public/Quasi-Public to Heavy Commercial as part of the 2008 Annual Comprehensive Plan Amendments; adopted by Ordinance No. 6212. 4 The rezone request also includes a relinquishment of a contract rezone approved on September 4, 1990 via Ordinance No. 4456 for Parcel Number 0000800026 (Exhibit 10). The contract rezone changed the zone of Parcel Number 0000800026 (plus three others) from M-1, Light Industrial, to C-3, Heavy Commercial, but limited the type of uses that could be developed. The applicant requests that all the uses outlined in Auburn City Code (ACC) Chapter 18.33 be available to the subject property 5. Parcel Number 0000800022 is currently owned by King County Metro. Ordinance No. 17439 to approve the sale of the property to the City of Auburn has been approved by the King County Council on October 29, 2012 and the City of Auburn City Council on November 5, 2012, by Resolution No. 4877 approved the purchase of Parcel Number 0000800022, and Resolution No. 4878 approved the sale to Orion Industries (Exhibit 11). 6. The applicant filed an environmental checklist that addressed the proposed rezone along with the development proposal for the site (Exhibit 6). The applicant proposes to construct an 108,250 square foot single story building that includes manufacturing and warehouse space, mezzanine space, and office. The facility may be constructed in two phases. The tenant will provide manufacturing of small metal parts for aircraft 7 A Street NE is designated a minor arterial road pursuant to the City's Functional Roadway Classification map (Figure 2-1) in the City's Comprehensive Transportation Plan 8. The C-3, Heavy Commercial, zoning district permits manufacturing uses with warehousing as a secondary use (see ACC 18.30.020.GGG). The City recently amended the regulations affecting the C-3, Heavy Commercial, zone through Ordinance No. 6433 passed by the City Council on November 5, 2012 and effective November 12, 2012. The applicant's application was determined complete as of the submittal date of November 1, 2012 and is vested to the C-3, Heavy Commercial, regulations prior to code amendment(Exhibit 12). The intent of the C-3 zone is: "The intent and objective of the C-3 district classification and its application is to provide for the location of and grouping of enterprises which may involve some on-premises retail service but with outside activities and display or fabrication, assembling, and service features. This zone is intended to accommodate uses which are oriented to automobiles Page 3 of 6 Agenda Subject: Ordinance No. 6450 REZ12-0007—Orion Industries Date: January 7, 2013 Rezone either as the mode or target or producing the commercial service. The uses enumerated in this classification are considered as having common or similar performance standards in that they are heavier in type than those uses permitted in the more restrictive commercial classifications." 9. The C-3 zone development standards including setbacks and lot requirements are contained in ACC 18.30.040. 10. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170. b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan amendment must be approved by the city council prior to the rezone being scheduled for a public hearing in front of the hearing examiner The planning commission shall conduct a public hearing on the comprehensive plan amendment and make a recommendation to the city council. This application is consistent with the comprehensive plan, as outlined below in the conclusions, and will follow the process outlined in "a" 11 On December 4, 2012, the SEPA Responsible Official issued a Mitigated Determination of Non- Significance (MDNS) for the proposed development, including the rezone from P-1, Public Use District, to C-3, Heavy Commercial, and the contract rezone relinquishment. The City received one comment letter from MIT, related to the development proposal not the rezone, by the comment period deadline of December 19, 2012 (Exhibit 13), and no appeals filed as of the writing of this report. The appeal period ends January 2, 2013 (Exhibit 5). 12. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07 040. The public hearing notice was published in the Seattle Times on December 19 2012, provided to the property owners within 300 feet of the subject site, posted on the subject property meeting this requirement, and posted on the City's website (Exhibit 7). 13. The City Council changed their role in quasi-judicial approvals giving that authority to Hearing Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still the decision maker on rezones with the Hearing Examiner making a recommendation on the proposal. 14. Hearing Examiner held the public hearing on January 2, 2013, took public testimony and entered exhibits into the record. The Hearing Examiner issued a recommendation for approval on January 3, 2013. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: Page 4 of 6 9 abed 4I!0 ay;o; saglun}joddo luaw/oldwe R;genb 6ul6uuq /q ueld anlsuagajdwo0 ay;jo sleo6 ay; bupuaweldwi wngny o;sqof 99Z bul6uuq sl pue '9=4Njom s;!jol sal;lunuoddo 6u!wejl sapinad 'uejale jo;slied i!ews sainloelnuew saulsnpul uou0 ;sea pue 'g;nos 'Isom 'gIjou aql of luawdolanap leu;snpul/lelwawwoo 6ul;slxa Io Allu101n ay; w pue/q pepunouins sl legl Rliedoid;ue0en bul>le;luawdolanap llpi sl Avadojcl aq;;o luawdolanap pasodad aql eaje uo!l!suejl a u!g;lm luawdolanap IOU Iuawdo!anap llgui si;oafad posodad agl se papeau jabuol ou s! 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The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Comment The rezone has been initiated by someone other than the City The request has been initiated by Latitude Development, LLC, who is the developer for the project. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Comment The requested rezone change, from P-1 Public Use District, to C-3, Heavy Commercial, will not result in a more intense zone than what is requested. HEARING EXAMINER'S RECOMMENDATION Approval with no conditions of approval. STAFF'S RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone with the following condition of approval: 1 The rezone request shall not become effective until the property transactions between King County, the City of Auburn, and Orion Industries have closed. EXHIBIT LIST Exhibit 1 Staff Report to the Hearing Examiner Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Combined Notice of Application and Mitigated Determination of Non-Significance with affidavits Exhibit 6 Environmental Checklist and Final Staff Evaluation Exhibit 7 Public Hearing Notice with affidavits Exhibit 8 Aerial Photograph Exhibit 9 Land Use Map Exhibit 10 Ordinance No. 4456—Contract Rezone Exhibit 11 King County Ordinance No. 17439, City of Auburn Resolution Nos. 4877 and 4878 Exhibit 12 Auburn City Code Chapter 18.30 C-3 Heavy Commercial Zone Exhibit 13 MIT comment letter and City's response Exhibit 14 Hearing Examiner Recommendation Page 6 of 6 ORDINANCE NO 6 4 5 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF ORION INDUSTRIES FOR A REZONE FROM P-1, PUBLIC USE DISTRICT TO C-3, HEAVY COMMERCIAL AND FOR RECISION OF A CONTRACT REZONE TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS ACCORDINGLY WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No 4788; and WHEREAS, Latitude Development LLC, the applicant, submitted an application on behalf of Orion Industries, on November 29, 2012, for for a rezone of tax parcel number 0000800022, and for recision of the contract rezone for tax parcel number 0000800026, and WHEREAS, the Auburn City Council approved a contract rezone on September 4, 1990 via Ordinance No 4456 which changed tax parcel number 0000800026 (along with other property) from M-1, Light Industrial, to C-3, Heavy Commercial, but limited the type of uses that could be developed; and -------------------------- Ordinance No. 6450 January 7 2013 Pagel WHEREAS, the environmental impacts of the proposed rezone were considered in accordance with procedures of the State Environmental Policy Act with a Mitigated Determination of Non-Significance issued on December 4, 2012; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 2, 2013 conducted a public hearing on the proposed Orion Industries Rezone, and WHEREAS, at the public hearing, the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration, and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Orion Industries Rezone on January 3, 2013, and WHEREAS, on January 7, 2013, the Auburn City Council considered the proposed Orion Industries Rezone as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. The City Council ("Council) adopts and approves the request of Latitude Development LLC / Orion Industries for a rezone from P-1, Public Use District, to C-3, Heavy Commercial, for tax parcel number 000800022, the legal description of which parcel is set forth in Exhibit!'A" hereto, and for rescission of a contract rezone per Ordinance No 4456 only as to the property identified as tax parcel number -------------------------- Ordinance No. 6450 January 7, 2013 Page 2 0000800026 the legal description of which parcel is set forth in Exhibit "B" hereto, to allow all the uses in the C-3, Heavy Commercial, zone to be available for development. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW 43.21 C 060 Section 3. The Council adopts the Hearing Examiner's Findings of Fact and Conclusions of Law, and adopts the Hearing Examiner's Recommendation, as set forth below- HEARING EXAMINER'S FINDINGS OF FACT Procedural- 1 Applicant. The Applicant is Latitude Development, LLC 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5 30 p.m. at the City Council chambers at Auburn City Hall Annex on January 2, 2013 Substantive- 3 Site/Proposal Description. The Applicant has requested a rezone from P-1, Public Use District, to C-3, Heavy Commercial, for property located at 1580 A Street NE, Auburn, WA, within Parcel Number 0000800022. The application also includes a request for rescission of the contract rezone for Parcel Number 0000800026 The rezone site at 1580 A Street NE is approximately 51,061 square feet in size and contains an existing King County Metro Park & Ride facility The parcel involved in the contract rezone recision is 119,817 square feet. The entire project site to be developed is approximately 285,735 square feet. 4 Characteristics of the Area. The rezone and contract zone parcels are located in an area predominated by areas designated as Heavy Commercial in the City's comprehensive plan. However, immediately adjoining the property to the east and north is a landing field and immediately adjoining the parcels to the south is a park and ride, with both uses designated as Public/Quasi Public in the -------------------------- Ordinance No. 6450 January 7, 2013 Page 3 comprehensive plan. The remaining properties in the vicinity are designated and used for Heavy Commercial purposes. 5 Adverse Impacts. There are no significant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concern at this stage of project review The proposed rezone is consistent and compatible with the predominant heavy commercial use and zoning/comprehensive plan designations of the vicinity Immediately adjoining uses are a landing field and park and ride, but there is nothing in the record to suggest that this part of the City will be in any need of additional public uses or that the proposal will be incompatible' with these uses. 6 Change in Circumstances. According to the staff report, the contract rezone at issue was adopted in 1990 in order to limit uses so that they are compatible for an area that served as a transition area to other uses. The contract rezone required the submission of a master plan and the limitation of most uses to within buildings. Since 1990 the surrounding area has been fully developed to predominantly heavy commercial use as determined in Finding of Fact No 4 The parcels subject to this rezone request are no longer within a transition zone but are rather within an infill area. Consequently, the restrictions of the contract rezone are no longer necessary as the full range of uses permitted in the C3 zone are compatible with surrounding heavy commercial use. HEARING EXAMINER'S CONCLUSIONS OF LAW Procedural 1 Authority of Hearing Examiner ACC 18 68 030(13)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map designation for the subject property is Heavy Commercial, which is consistent with the requested C3 zoning map designation. Substantive: 2. Comprehensive Plan and Zoning Designation. The Comprehensive Plan Land Use Map designations for the both the parcel subject to the rezone request and recision of the contract rezone is C3 The zoning designation for the parcel ' Building and structural height issues are always a concern with uses adjoining landing fields, but these issues should be adequately addressed by FAA regulations -------------------------- Ordinance No. 6450 January 7, 2013 Page 4 subject to the rezone is P-1 and the zoning for the contract rezone area is C3 with contract land use restrictions. 3 Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare See Ahmann-Yamane, LLC v Tabler, 105 Wn. App 103, 111 (2001) If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required Id. at 112. The proposed rezone from P1 to C3 clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Land Use Map designation for the property is currently Heavy Commercial and the current P1 zoning is inconsistent with that designation. In point of fact, the rezone is mandated by RCW 36.70A.120, which requires a city to "perform its activities" in conformity to its comprehensive plan. The only other zoning designation consistent with the Heavy Commercial designation is C4, which primarily differs from C3 by allowing residential in addition to commercial use There is no compelling reason to zone the property C4 as opposed to C3. The proposed rezone is also consistent with comprehensive plan policies as outlined at p 4-5 of the staff report. A change of circumstances justifies the recision of the contract rezone for the reasons specified in Finding of Fact No 6 The recision is consistent with the City's comprehensive plan as outlined at p 4-5 of the staff report. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No 5 while at the same time furthering economic development in the City of Auburn as encouraged by the City's comprehensive plan. HEARING EXAMINER'S RECOMMENDATION The Hearing Examiner recommends approval of REZ12-0007 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 Recorder -------------------------- Ordinance No. 6450 January 7, 2013 Page 5 Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its adoption, and publication as provided by law, and upon closing of the sale and conveyance of the property from King County to the City of Auburn and/or Orion Industries. INTRODUCED- PASSED- APPROVED- ATTEST Peter B. Lewis MAYOR Danielle E. Daskam City Clerk APPR ED TO FOI D n' B ei City Attorney Published -------------------------- Ordinance No. 6450 January 7, 2013 Page 6 EXHIBIT A Legal Description of Property THAT PORTION OF THE SOUTH HALF OF JOSEPH BRANNAN DONATION LAND CLAIM NO 38. SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., AND THE EAST HALF OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT A 3 INCH DIAMETER BRASS DISK IN CONCRETE, IN CASE, MARKING THE CENTERLINE RIGHT-OF-WAY OF 15TH STREET NE. WITH THE CENTERLINE RIGHT-OF-WAY OF 'D' STREET N.E. AS SHOWN ON RECORD OF SURVEY, RECORDING NUMBER 7701179008, RECORDS OF SAID COUNTY, FROM WHICH, A 3 INCH DIAMETER BRASS DISK IN CONCRETE, IN CASE, MARKING THE CENTERLINE RIGHT-OF-WAY OF SAID 15TH STREET N.E. WITH THE CENTERLINE RIGHT-OF-WAY OF 'A' STREET N.E., BEARS NORTH 89 030'04" WEST, 980.32 FEET, THENCE ALONG THE CENTERLINE OF SAID 'D' STREET N.E., NORTH 00°41'08" EAST, 360.38 FEET TO A 11/2 INCH DIAMETER BRASS SURFACE MONUMENT, THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00 041'08" EAST, 130,42 FEET TO THE SOUTH LINE OF AUBURN MUNICIPAL AIRPORT AS SHOWN ON SAID SURVEY, THENCE ALONG SAID SOUTH LINE NORTH 89 004'44" WEST, 691 73 FEET TO THE SOUTHWEST CORNER OF SAID AIRPORT PROPERTY AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID AIRPORT PROPERTY SOUTH 00 039'48" WEST, 143.93 FEET, THENCE SOUTH 89 030'49" EAST 40.36 FEET, THENCE SOUTH 00 030'04" WEST, 170 04 FEET, THENCE NORTH 89 042'06" WEST, 299 66 FEET TO THE EAST MARGIN OF 'A' STREET N.E., THENCE ALONG SAID MARGIN NORTH 00 039'20" EAST, 614 85 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS SHOWN ON SAID RECORD OF SURVEY, THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 8930'04" EAST, 258.89 FEET TO THE WEST LINE OF SAID AIRPORT PROPERTY, THENCE ALONG SAID WEST LINE SOUTH 00 039'48" WEST 299 84 FEET TO THE TRUE POINT OF BEGINNING. King County tax parcel number 000800022 -------------------------- Ordinance No. 6450 January 7, 2013 Page 7 Exhibit B Legal Description of property LOT A, OF CITY OF AUBURN SHORT PLAT NO 005-90 RECORDED UNDER RECORDING NO 9007091058, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. King County tax parcel number 0000800026 Rescission of the contract rezone applied only to Lot A of the above Short Plat. Per Ordinance No 4456, the above described parcel was a part of the property to which the contract rezone originally applied, the full description of which is as follows. THAT PORTION OF THE SOUTH HALF OF THE JOSEPH BRANNON DONATION LAND CLAIM NO 38, SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM., AND THE EAST HALF OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS BEGINNING AT THE POINT OF INTERSECTION OF THE EAST MARGIN OF "B" STREET NORTHWEST WITH THE NORTH LINE OF SAID SOUTH HALF OF SAID DONATION LAND CLAIM; THENCE S 89°06'OL" E, ALONG SAID NORTH LINE, A DISTANCE OF 1,09076 FEET, TO A POINT 1,510.00 FEET WEST OF THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE S 00 042'32" W, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 329.70 FEET, TO THE NORTH LINE OF A PARCEL BELONGING TO "METRO PARK AND RIDE", THENCE N 89 029'03" W, ALONG SAID NORTH LINE, A DISTANCE OF 258.55 FEET, TO A POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EAST MARGIN OF "A" STREET NORTHWEST, THENCE S 00 040'40" W ALONG SAID PROJECTION, A DISTANCE OF 268.43 FEET, TO SAID MARGIN; THENCE NORTHWESTERLY ALONG SAID EAST MARGIN OF "A" STREET NORTHWEST AND CHANGING INTO THE NORTHERLY MARGIN OF 16TH STREET NORTHWEST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 330 04 FEET, A CENTRAL ANGLE OF 89°45'30", AN ARC LENGTH OF 517 03 FEET AND A CHORD WHICH BEARS N 44 012'02" W, 465 77 FEET, THENCE N 89 004'50" W, ALONG SAID NORTHERLY MARGIN OF 16TH STREET NORTHWEST, A DISTANCE OF 476.63 FEET, THENCE N 44°11'08" W, A DISTANCE OF 38.13 FEET, TO THE EAST MARGIN OF SAID "B" STREET NORTHWEST, THENCE N 00 042'35" E ALONG SAID MARGIN, A DISTANCE OF 244 01 FEET, TO THE POINT OF BEGINNING. -------------------------- Ordinance No. 6450 January 7, 2013 Page 8