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Home My WebLink AboutItem VIII-A-3WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Date: Ordinance No. 5840 April 14, 2004 Department: Planning Attachments: Budget Impact: Ordinance No. 5840 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5840. Background Summary: Ordinance No. 5840 would authorize the request of Mark Hancock, La Terra Limited Partnership, for a rezone of approximately 39-acres from M-l, Light Industrial to C-3, Heavy Commercial. The site is generally located between the Union Pacific and Burlington Northern Santa Fe railroad tracks, just north of 15th Street NW with frontage on Emerald Downs Drive. HE\ORD-RES\ORD 5840 L419-13 03.8 REZ04-0002 R_eviewed by Council & Committees: R_eviewed by Departments & Divisions: _ Arts Commission C__OUNCIL COMMITTE--S: _ Building _ M&O _ Airport _ Finance _ Cemetery _ Mayor ~ Hearing Examiner _ Municipal Serv. _ Finance Parks _ Human Services _ Planning & CD Fire _~ Planning _ Park Board _ Public Works E Legal _ Police _ Planning Comm. _ Other _ Public Works _ Human Resources Action: Committee Approval: [~Yes [~No Council Approval: I lYes I INo Call for Public Hearing __/ /__ Referred to Until / / Tabled Until / / Councilmember: Singer Staff: Krauss Meeting Date: April 19, 2004 Item Number: VIII.A.3 AUBURN * THAN YOU IMAGINED ORDINANCE NO. $ 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 Thomas Academy, requesting the rezoning of the approximately 39 acres of land at 1620 H. Street NW, Auburn, Washingtonfrom 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 of 5 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 "B," the recommendation of the Hearing Examiner to the Auburn City Council on this rezone app[ication 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. Recordinfl. 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. INTRODUCED: PASSED: APPROVED: A'FI'EST: PETER B. LEWIS MAYOR Danielle E. Daskam City Clerk Ordinance No. 5840 April 15, 2004 Page 3 of $ ~ ..~_APPROVED AS T!~ City Attorney Ordinance No. 5840 April 15, 20O4 Page 4 of 5 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 15TM 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 April ! 5, 2004 Page 5 of 5 EXHIBIT "B" TO ORDrNANCE NO. 5840 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN P~el In the Matter of the Application of Mark Hancock For Approval for a Rezone NO. REZ04-0002 AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDATION 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 Conclusior~s. Pursuant to the Rules of Procedure of the Hearings Examiner, on April 7, 2004 the City submitted by e-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 (~mc). AMENDED FINDINGS OF FACT Property located north of the subject property is zoned Heavy Industrial and designated as Heavy Industrial and Light Industrial in the Comprehensive Plan. Property east of the site is zoned Light Industrial, Heavy Commercial/Light 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. The subject property has wetlands on it; however, the Applicant has not conducted a wetland delineation to determine the exact location and shams of the wetlands. Exhibit 1, Staff Report, page 7; Testimony of Mr. Hancock. AMENDED CONCLUSIONS The proposed rezone is consistent with surrounding uses. The Zoning designations of surrounding properties include "Light Industrial", and "Heavy Industrial". 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 of 7.18 acres at 1620 H Street NW in Auburn, Washington from M ~1, Light Industrial to C3, Heavy Commercial should be granted. No other amendments are made. Dated this 7th day of April, 2004. /SI James M. Driscoll, Heating Examiner