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Retum Address: Z01301 i i002379
Autium City Clerk 0°iiii�iseis is se
KING C�Mn, �
City of Aubum ,__
25 West Main St.
Aubum, WA 98001
RECORDER'S COVER.SHfET
Document Title(s) (or transactions coMained therein);
1 Rezone (Ordinance 6450)
Reference Numbe�(s) of Documents assigned or released: NONE
❑Additia�et�eterenoa IFS on oi daumeM
Grantor(s)IBort�oweKs) (Last name first, then first name and inidals)
CITY OF AUBURN
Grarrtee/AssigneeiBeneflciary: (Last name first)
Orion Industries
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion of the south ha{f of Joseph Brannan 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 tVorth,
Range 4 East
�Ad�dional 1 is on oi doameM.
Ass�sor's Prope_rty Tax ParceUAccount Number
OG00800U22 and OODD800026
❑Aseeesor rax 0 rrot yot ass nod
ORDINANCE NO. 6 4 5 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTOPI, APPROVING THE REQUEST OF
ORION INDUSTRIES FOR A REZONE FROM P-1, PUBLIC
USE. QISTRICT TO C-3, HEAVY COMMERCIAL AND FOR
_ ,... _ . -
RESCiSSION OF A CONTRACT REZONE TO IMPLEMENT
THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S
ZONING MAPS ACCORDINGLY
WHEREAS, the City of Aubum on August 18, 1986 adopted a Comprehensive
Plan by Resolution No. 1703 which inctudes a Map establishing the IocaGon of the
Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995 the City of Aubum adopted Comprehensive Plan
Amendments by Resolution No. 2635 to comply with the Washington State Growth
�ManagementAct; and
WHEREAS, the Cily of Aubum on September 5, 1995 reaffirtned that action by
Ordinance No. 4788; and
WHEREAS, Latitude Development LLC, the applicant, submitted an applicatlon
on behalf of Orion industries, on November 29, 2012, for a rezone of ta�c parcsl number
0000800022, and for rescission of the contrad rezone for tax parcel number
0000800026; and
WHEREAS, the Aubum City Councii approved a contract rezone on September
4, 1990 via Ordinance No. 4456 which c�anged tax parcel number 0000800026 (along
with other propeAy) from M-1, Light Industrial, to C-3, Heavy Commercial, but limited
the type of uses that could be developed; and
Ordinan�No.6450
January 7,2013
Page 1
WHEREAS, the environmerttal impacts of the proposed rezone were considered I
in accordance with procedures of the State Environmental Policy Act with a Mitigated
Determination of Non-Significance issued on Deoember 4, 2012; and
WHEREAS, after proper notice published in the City's offiaal newspaper at least
ten (10) days prior to the date of hearing, the City of Aubum 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 Aubum Hearing Examiner heard
public testimony and took evidence and exhitids into consideration; and
WHEREAS, thereafter the City of Aubum Hearing Examiner made a
recommendation to the City Counal on the proposed Orion Industries Rezone on
January 3, 2013; and
WHEREAS, on January 7, 2013, the Aubum City Council considered the
proposed Orfon Industries Rezone as recommended by the City of Aubum Hearing
Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seetion 1. The Ciiy 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 descripGon of
which parcel is set forth in Exhibit"A° hereto, and for rescission of a corrtract remne per
, Ordinance No. 4456 only as to the property ideM�ed as tax parcel number
Ord'mance No.8450
Jaeuary 7,2013
Page 2
0000800026 tl�e feyal description of which parce{ is set forth in Exhibit `B" hereto, to
allow all the uses in the C-3, Heavy Commercial, zone to be available for development.
Saction 2. The Zoning Map amendment is herewith designated as a basis for
the exerase 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 Councl 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
Proeedural:
1 licanC The Applicant is Latitude Development, LLC.
2. Hearina. The Hearing Examiner conducted a hearing on the application �
at 5:30 p.m. at the City Counal chambers at Auburn City Half Mnex on January 2,
2013.
Substantive:
3. Site/Pr000sal Descriotion. The Applicant has requested a rezane from
P-1, Public Use District, to G3, Heavy Commercial, for property bcated at 1580 A
Street NE, Aubum, WA, within Parcel Number 0000800022. The application also
indudes a request for rescission of the contract rezone for Parcel Number
0000800026. The rezone site at 1580 A Street NE is approximately 51,081 squere
feet in size and contains an existing King County Metro Pa�lc 8 Ride facilihr The
parcel involved in the contrad rezone rescission 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 crontract 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
Ordlnence No.8450
January 7,20i3
Page 3
comprehensive plan. The remaining properties in the vicinity are designated and
used for Heavy Commereial purposes.
5. Adverse Im�ads. There are no significant adverse impacts assnciated
witA 4he proposal. Compatibility with adjoining land us� is the onty issue of concem
at this stage of project review. The proposed rezone is consistern and oompatible
wirth 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 lhere is nothing in the r�rd to suggest that this part of the Clly wilt be
in arry need of additional public uses or that the proposal wiU be incompad"ble' with
these uses.
8. �,hanae in Circumstances. Axording to the staff report, the contract
rezone at issue was adopted in 7990 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
paroels subJect to this rezone request are no longer within a transi6on zone but are
rather wlthin an ir�'ill area. Consequently, the restrictions of the coMract rezone are
no longer necessary as the full range of uses permitted in the C3 zone are
compatible with surtoundi� heavy commercial use.
HEARING EXAMINER'S CONCLUSIONS OF LAW
Procedural:
1 Authoritv of Hearina Examiner ACC 18.88.030(B)(1)(a) graMs the
Hearing Examiner with the authority to ieview and make a recAmmendation on
rezone requests to the Ciiy Counal if the planning director deteRnines that the
rezone requests are co�siste�t with the comprehensive plan. The planning diredor
has determined that the rezone request is cansisteM 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.
Substar�tive:
2. Comorehensive Plan and Zonina Desiunation. The Comprehensive Pian
Land Use Map designations for the both the parcel subject to the rezone request
and rescission of the coMract rezone is C3. The mning designation for the parcel
' BuAding and strucbural heigM issues are always a concem with uses adjoining Ianding fields, but
tl�ese�sua should be adequateiy addressed by FAA regulaticns.
Ordinanw No.6450
January 7,2013
Page 4
subjed to the rezone is P-1 and the zoning for the contrad rezone area is C3 wkh
contract land use restricdons.
3. Case Law Review Criteria and Aaplicatian. The Aubum City Code does
not include any criteria for rezone applications. Wa§hington appellate courts have
imposed some rezone criteria, requiring that the proponents of a rezone must
establish that condifions have substarrtially changed since the original showing and
that the rezone musi bear a substaMial relationship to the public heaRh, safety,
morals or welfare. See Ahmann-Yamene, LLC v Tabler, 105 Wn. App. 103, 111
(2001). Ef a rezone implements the Comprehensive Plan, a showing that a change
of circumstancss has occurred is not required. Id. at 112.
The proposed rezone from P1 to C3 ctearly meets the judicial criteria for a
rezone. There is no question that the proposaf is necessary to implement the
comprehensive plan, as the Comprehensive Land Use Map designation for the
property is cuRently Heavy Commercial and the current P1 mning is in�nsistent
with that designation. In point of fact, the rezone is mandated by RCW 36.70A.120,
which requires a city to "perfortn its activities° in confortnity to�its comprehensive
plan. The only other zoning desigrration consistent with the Heavy Commercial
designation is C4, which primarily differs from C3 by allowing residential in addition
to c�mmercial use. There is no compelfing reason to zone the properly 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 resassion of the contract rezone for the
reasons speafied in Finding of Fact No. 6. The resc(ssion is consistent with the
City's comprehensive plan as outlined at p. 45 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 signiticant adverse impacts as
determined in Finding of Fact No. 5 while at the same time furthering economic
development in the City of Aubum as encouraged by the City's comprehensive plan.
HEARIIdG EXAMINER'S RECOMMENDATION
The Hearing Examiner recommends approval of REZ12-0007
S on 4. Upon the passage, approval, and publication of this Ordinance as
provided by law, the City Cle�lc of the City af Aubum 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, serrtence, clause, phrase or portion of
this Orclinance or any of the Zoning Map amendments adopted herein, is for any reason
held invalid or unconsdtutional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provisio�, and such holding shall not
affed the validity of the remaining portions thereof.
SecUon 6. The Mayor is hereby authorized to implement such administraGve
procedures as may be necessary to carry out the dir�ec6ves of this legislation.
Section 7. This Ordinance shall take effect and be in force five days from and
after its adoption, and publicatio� as provided by law, and upon clasing of the sale and
conveyance of the property from King County to the City of Auburn and/or Orion
Industries.
JAN 7 2013
INTRODUCED:
PASSED: JAN 7 2013
APP . JAN 7 2Q13
�.. �'
ATTEST Peter B. Lewis
MAYOR
� C�
Danielle E. Daskam
City Clerk
APPR ED TO FOR
' B. ei
City Attomey
` ��� /B l3
Published:,_�— ."�, . ��_ �ft�5%�J �
Ordinence No.6450
January 7,2013
Page 8
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 CENTERUNE RIGHTAF-WAY OF 15TH STREET NE. WITH THE CENTERLINE
RIGHT-0E-WAY OF'D' STREET N.E. AS SHOWN ON RECORD aF SURVEY, RECORDING
NUMBER 7701179008, RECORDS OF SAID CAUNTY, FROM WHICH, A 3 INCH DIAMETER
BRASS DISK IN CONCRETE, IN CASE, MARKING THE CENI'ERLINE RIGHT-0E-WAY OF
SAId 15TH STREET N.E. W(TH THE CENTERLINE RIGHTAF-WAY OF 'A' STREET N.E.,
BEARS NORTH 89°30'04° WEST, 980.32 FEET, THENCE ALONG THE CENTERLINE OF
SAID 'D' S7'FiEET N.E., NORTH 00°41'OB' EAST, 360.38 FEEf TO A 1'f. INCH DIAMETER
BRASS SURFACE MONUMENT,
THENCE CONTINUING ALONG SAID CENTERUNE NORTH 00°41'08° EAST, 130,42 FEET
TO THE SOUTH LINE OF AUBURN MUNICIPAL AIRPORT AS SHOWN ON SAID SURVEY;
THENCE ALONG SAID SOUTH LINE NORTH 89°04'44' WEST, 691.73 FEET TO THE
SOUTHWEST CORNER OF SAID AIRPORT PROPERTY AND THE TRUE POINT OF -
BEGINNING;
THENCE ALONG THE SOUTHERLY EXT�VSION OF THE WEST LINE OF SAID AIRPORT
PROPERTY SOUTH 00°38'48"WEST, 143.93 FEET,
THENCE SOUTH 89°30'49° EAST 40.3B FEET,
THENCE SOUTH 00°30'Q4"WEST, 170.04 FEET,
THENCE NORTH 88°42'OB' WEST, 299.66 FEET TO THE EAST AAARGIN OF 'A' STREET
N.E.,
THENCE ALONG SAID MARGIN NORTH 00°39'20° EAST, 814.85 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 l'HE
VVEST UNE OF SAID AIRPORT PROPERTY; THENCE ALONG SAID WEST LINE SOUTH
00°39'48"WEST 299.84 FEET TO THE TRUE POINT OF BEGINNING.
King Counry tax parcel number 000800022
Ordinance No.6450
January 7,2013
Page 7
Exhibit B
Legal Description of properly
LOT A, OF CITY OF AUBURN SHORT PLAT N�. OOS90 RECORDED UNDER RECORDING
NO. 8007091056, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE
COUNTY OF KING, STATE OF WASHINGTON.
King County tax parcel number 0000800028
Rescission of the contract rezone appiied oNy to Lot A of the above Short Plat Per
Ordinance No. 4456, the above described paroel was a part of the propeAy to which the
conUact remne originalty applied, the full descriptio�of which is as follows:
THAT PORTION OF THE SOUTH HALF OF THE JOSEPH BRANNON DONATION IAND
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 DESCftIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF lNTERSECTION 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 1,090.76
FEET, TO A POINT 1,510.00 FEET WEST OF THE EAST LINE OF SAID DONATION LAND
CLAIM;
THENCE S UO°42'32"W, PARALLEL VIfITH_SAID EAST LINE, A DISTANCE OF 329.70 FEET,
TO THE NORTH LINE OF A PARCEL BEI.ONGING TO'METRO PARK AND RIDE';
THENCE N 89°29'03' 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°40'40" 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 WOR'THERLY MARGIN OF 16TH STREET NORTHWEST, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 330.04 FEET, A CENTRAL ANGLE OF 88°45'30', AN ARC
LENGTH OF 517.03 FEET AND A CHORO WHICH BEARS N 44°12'02°W,465.�7 FEET,
THENCE N 89°04'50' W, ALONG SAID NORTHERLY MARGIN OF 16TH STREET
NORTHWEST, A DISTANCE OF 478.83 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°42'35' E ALONG SAID MARGIN, A DISTANCE OF 244.01 FEET, TO THE POINT OF
BEGINNING.
Ordirrdr�ce No.8450
January 7,2013
Page 8