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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