HomeMy WebLinkAboutItem VIII-A-6WAS H 1 NGTON
AGENDA BILL APPROVAL FORM
A.qenda Subiect Date:
ZOA03-0005 - David Heer November 10, 2003
Department: Planning Attachments: Ordinance No. 5805 Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5805.
Background Summary:
On June 16, 2003, City Council passed Resolution initiating annexation and rezoning of three parcels of
land along Auburn Way North that are owned by David Heer. The three parcels total 57,836 square feet,
or about 1.33 acres. Total assessed value of the property is $196,000. The property is currently
uninhabited.
The annexation was submitted to the Boundary Review Board for a 45-day period and has been returned
to the City for an annexation Ordinance. Following passage of an Ordinance, the annexation, is open to
protest for 45 days and then can be final.
At annexation, Mr. Heer requests that his property be zoned C-3. This is in compliance with the
underlying City of Auburn Comprehensive Plan designation. In addition, the City will annex the
intersection of Auburn Way North and 85th Avenue S.
A SEPA Determination of Non-Significance (SEP-03-0028) was issued for this matter on September 17,
2003..
The Planning Commission held a public hearing on October 7, 2003 and recommended approval. The
Planning and Community Development Committee reviewed the rezone and recommended ;approval on
October 27, 2003.
COUNCIL~OA03-5 HEER
L1117-6
O3.1 ANX03-0002, 03.8, 03.4.2.1.2 ZOA03-0005
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMI'~'EES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / ~
Tabled Until / /
Councilmember: Borden Staff: Krauss
Meeting Date: November 17, 2003 Item Number: VIII.A.6
AUBURN · MORE THAN YOU IMAGINED
ORDINANCE NO. 5805
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON,
APPLYING C3-HEAVY COMMERCIAL ZONING DESIGNATION AND
ANNEXING AN UNINCORPORATED AREA OF APPROXIMATELY
1.33 ACRES CONTIGUOUS TO THE CORPORATE LIMITS OF THE
CITY KNOWN AS THE "HEER ANNEXATION," AND AMENDING
THE CITY OF AUBURN ZONING MAP ACCORDINGLY
WHEREAS, in accordance with Chapter 35A. 14.295 RCW, the City' Council
of the City of Auburn passed Resolution 3618 on June 16, 2003 initiating an
annexation of an unincorporated island within the corporate limits of the City of
Auburn; and
WHEREAS, the notice of intention to annex was filed with the King County
Boundary Review Board and subsequently approved; and
WHEREAS, the City initiated a pro-annexation zoning amendment for the
proposed annexation aroa to allow the property to be rezoned to C3-Heavy
Commercial upon annexation; and
WHEREAS, the underlying Comprehensive Plan designation for the site is
"Heavy Commercial," and this designation supports the C-3 zoning classification;
and
WHEREAS, the environmental review for the proposed zoning, along with
the appropriate public notice, was completed, and a SEPA Determination of Non-
Ordinance No. 5805
November 12, 2003
Page I
Significance (SEP-03-0028) was issued for this matter on September 17, 2003;
and
WHEREAS, the Planning Commission held a public hearing on October 7,
2003 and recommended approval of the zoning pursuant to annexation of the
subject property; and
WHEREAS, it appears to the City of Auburn that said annexation meets the
requirements specified by law; to and including the consideration of the passage
of this ordinance also meets the requirements, specified by law; and the lands
proposed to be annexed are contiguous to the City of Auburn and have not
heretofore been incorporated in as a City or Town; and
WHEREAS, following passage of an annexation Ordinance, the annexation
is open to referendum for 45 days and then will become final;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That there shall be annexed to the City of Auburn, Washington,
the property situated in the County of King, State of Washington, legally described
as follows:
"HEER" ANNEXATION LEGAL DESCRIPTION
WEST OF AUBURN WAY N, IN WHITE RIVER VALLEY HOME TRACTS ,2"D
ADDITION
THAT PORTION OF WHITE RIVER VALLEY HOME TRACTS SECOND
ADDITION, UNRECORDED, LOCATED IN THE WEST HALF OF SECTION 31,
Ordinance No. 5805
November 12, 2003
Page 2
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 4 OF THE WHITE
RIVER VALLEY HOME TRACTS SECOND ADDITION, AN UNRECORDED
SUBDIVISION (THE LEGAL DESCRIPTION OF SAID TRACT 4 IS RECORDED IN
VOLUME 2006 OF DEEDS, PAGE 485 AND RECORDED UNDER KING COUNTY
RECORDING NUMBER 319996), SAID SOUTHEAST CORNER BEING AN ANGLE
POINT IN THE EASTERLY BOUNDARY OF THE LANDS DESCRIBED IN CITY OF
AUBURN ANNEXATION ORDINANCE 4843 AND ON THE WEST MARGINAL
LINE OF 85TM AVENUE SOUTH; THENCE NORTHERLY ALONG THE EASTERLY
BOUNDARY OF THE LANDS DESCRIBED IN CITY OF AUBURN ANNEXATION
ORDINANCE 4843 AND ALONG SAID WEST MARGINAL LINE OF 85TM AVENUE
SOUTH TO ITS INTERSECTION WITH THE WEST MARGINAL LINE OF STATE
HIGHWAY NO. 5 (AUBURN WAY NORTH) AND THE WESTERLY BOUNDARY OF
THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2511;
THENCE SOUTHEASTERLY ALONG SAID WESTERLY MARGINAL LINE OF
STATE HIGHWAY NO. 5 (AUBURN WAY NORTH) A DISTANCE OF 500 FEET
MORE OR LESS TO THE NORTHEAST CORNER OF THAT PORTION OF LAND
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE
NUMBER 3621;
THENCE SOUTHWESTERLY 50 FEET MORE OR LESS ALONG THE
NORTHERLY LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY
CITY OF AUBURN ORDINANCE NUMBER 3621 TO AN ANGLE POINT THEREIN;
THENCE WESTERLY 215 FEET MORE OR LESS ALONG THE NORTHERLY
LINE OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 3621 TO THE EAST MARGINAL LINE OF 85TM
AVENUE SOUTH AND THE NORTHWEST CORNER OF THE LANDS ANNEXED
TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3621;
THENCE NORTHERLY ALONG SAID EAST MARGINAL LINE OF 85TM
AVENUE SOUTH 130 FEET, MORE OR LESS, TO THE EASTERLY
PROLONGATION OF THE SOUTH LINE OF SAID TRACT 4;
THENCE WESTERLY ALONG SAID EASTERLY PROLONGATION OF THE
SOUTH LINE OF SAID TRACT 4 TO THE POINT OF BEGINNING.
SITUATE IN KING COUNTY, WASHINGTON.
Section 2. That the property hereby annexed shall be assessed and taxed
at the same rate and on the same basis as other property within the City of
Ordinance No. 5805
November 12, 2003
Page 3
Auburn is assessed and taxed to pay for any outstanding general indebtedness of
the City to which the area was annexed.
Section 3. That the proposed zoning of C3-Heavy Commercial for the
subject property is in the interests of the City of Auburn and supports the goals of
the City of Auburn Comprehensive Plan.
Section 4. Upon annexation, the parcels herein described shall be zoned
C-3, Heavy Commercial, and the City of Auburn Zoning map shall be amended
accordingly.
Section 5. That the annexation of the property will become effective at
12:01 AM on January 2, 2004 and the property shall become part of the City of
Auburn, subject to all of the laws and ordinances of the City then otherwise
provided by law.
Section 6. Within ten (10) days after the effective date of the annexation
referred to in this ordinance, the City Clerk of the City of Auburn shall send to the
Office of the Clerk of the County Council one (1) certified copy of this Ordinance
together with a copy of a letter from the Executive Secretary of the King County
Boundary Review Board, which letter contains a copy of the decision of the
Boundary Review Board relating to this annexation.
Section 7. The City Clerk of the City of Auburn shall record a certified copy
of this Ordinance with the King County Auditor's Office.
Ordinance No. 5805
November 12, 2003
Page 4
Section 8. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 9. This Ordinance shall take effect and be in force five days from
and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
Daniel B. ~id,
City Attorney
PUBLISHED:
Ordinance No. 5805
November 12, 2003
Page 5