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HomeMy WebLinkAbout5389CEJ Cr Q Cn av OCT 17 1000 CnYC OF AUBURN Return Address: CLEWS OFFICE Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20000921000339 PACIFIC NW TIT CORD 18.00 08621 "000F09031 KING COUNTY, wq RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ORDINANCE NO. 5389 (REZ0001-00) -P;" 1 T �J — 653 Reference Number(s) of Documents assigned or released: ❑Additional reference Vs on page _ of document Grantor(s) (Last name first, then first name and initials) 1 •C; fy of A�+louwn 2. Grantee: (Last name first) 1. ZZ: //r'a 77'j -3 race aK1 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ® Additional legal is on page 8 & 9 of the document. Assessor's Property Tax Parcel/Account Number: 9Qid doourrWN(e) were toad for Mw by Pwft Nodhwaet IN* as 936060-0090 acorn "Wadon oNy. it has net bow, arcarninad as to proper execWhm or ❑ Assessor Tax #not yet assigned • b Ms MFari upon No. ORDINANCE NO. 5 3 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 28418 85TH AVENUE IN UNINCORPORATED KING COUNTY AND WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM R-1 (COUNTY) TO M-1 (LIGHT INDUSTRIAL). WHEREAS, Application No. REZ0001-00 dated January 11, 2000, has been submitted to the City of Auburn, Washington, by Bruce and Heidi Elliott and George and Cindy Codiga, requesting the rezoning of the real property located at 28418 85th Avenue South from R-1 (County) to M-1 (Light Industrial) 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 Q_'7 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 21, 2000, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on May 1, 2000, held a Public Hearing on May 1, 2000 and considered said request and affirmed the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: Ordinance 5389 May 9, 2000 Page 1 FINDINGS OF FACT 1. The owners of the property located at 28418 -85th Avenue South have requested their property be zoned M-1, Light Industrial. The property is 1.5 acres in area and contains one single family home. 2. The property is not currently within the City limits of the City of Auburn. The parcel does abut the existing City limits and the owners have petitioned the City to have the parcel annexed to the City. The annexation process will be heard separately by the City Council. 3. Pursuant to State law, RCW 35A.14.330, the City may establish City zoning upon property even though not part of the City of Auburn. The zoning will not become effective until the parcel is annexed to the City. 4. The subject parcel is part of a small unincorporated island of King County. The City has identified the unincorporated island on its Comprehensive Plan map to be appropriate for light industrial uses. The other remaining uses in the unincorporated island are largely single family. 5. The unincorporated island is currently provided access by a narrow substandard street -85th Avenue. The street dead ends and the subject property is at end of the dead end street. 6. The property to the south of the unincorporated island is zoned M-1, Light Industrial. The majority of the property to the south is now being developed and is called Emerald Corporate Park. A condition of that development was to provide for a street that would eventually connect to 85th Avenue. That has been partially done but the two streets are not now connected to one another to provide a through access. Since 85th is not built to an acceptable industrial standard, and the desire not to impact the residential neighborhood, the streets are not anticipated to connect to one another until the residential neighborhood converts to an industrial use and the proper streets are provided for. 7. While the Comprehensive Plan allows for the subject property to be zoned M-1, Light Industrial, the current infrastructure available to the property would not allow the parcel to develop to an industrial standard unless the infrastructure is extended from the south. This would also include access. Ordinance 5389 May 9, 2000 Page 2 Access must come solely from the south since access to the north would adversely impact 85th Avenue and the residential neighborhood. The subject property also abuts an intervening piece of property that is not part of the development to the south. Because of this intervention, the subject parcel does not have adequate access to the new street that is being built as part of the development to the south. The intervening parcel of property will need to dedicate about 30 feet of its western property in order for the subject lot that is being rezoned to have access to a standard public street. Please see the attached drawing for clarification. 8. When the property is annexed, zoned M-1 and if developed, additional setbacks and landscaping will be required to buffer the adjoining residential neighborhood. King County has the property zoned R-1 which is a residential zoning. Pursuant to Section 18.32.050(F), of the Zoning Code, an additional 30 feet of setback. must be provided along the north property line and along the frontage of 85th Street. Each of the setback areas will be required to be landscaped as well. 9. The contents of the case file, #REZ0001-00, and the environmental file, #SEP0003-00, of this project are hereby incorporated by reference and made part of the record of this hearing. 10. At the time of the public hearing, citizens expressed concern regarding traffic and other impacts of future development. The zoning designation which the applicants' request is consistent with the Comprehensive Plan. There will be additional environmental review before such time as any development is allowed. Therefore, the citizens' concerns will be adequately addressed at the time an actual development is proposed. CONCLUSIONS OF LAW The undersigned concludes that the rezone may be approved, if properly conditioned, in that the proposal is consistent with the Comprehensive Plan Map designations, zoning and existing uses in the area. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval, subject to the following conditions: Ordinance 5389 May 9, 2000 Page 3 1. Any conversion of the home to a use permitted by the M-1 zone will require access be provided to the new street ("C") to the south which may require dedication of right of way from the parcel that abuts the subject parcel on the south side. When the subject parcel does convert from the single family home, the property must be developed such that no vehicle traffic is allowed to go north using 85th Avenue until 85th Avenue is constructed to a standard City street. If the subject parcel cannot provide for access to "C" Street at a standard acceptable to the City Engineer and provide for a plan to preclude vehicle traffic from going north, along 85th Avenue, then the City will not approve any permit to allow for the conversion of the single family home to another use. 2. As an alternative, the subject parcel could be incorporated into an adjoining property to the south or east which then could provide access to an appropriate public street. In no case shall traffic be allowed to use 85tH Avenue until 85th Avenue is built to a standard city street as required by condition #1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The above-cited Hearing Examiner's Findings of Fact, Conclusions of Law and Decision, are herewith incorporated in this Ordinance. C= Section 2. The following property located at 28418 85th Avenue South and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference, in the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from R-1, County to M-1, Light Industrial. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, Ordinance 5389 May 9, 2000 Page 4 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 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. 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 Auditor, Division of Records and Elections. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out C the directions of this legislation. Cn M C= Section 6. Effective date. This Ordinance shall take effect and be in C=> force five days from and after its passage, approval and publication as provided C" C=� by law. C CD INTRODUCED: May 15, 2000 PASSED: May 15, 2000 APPROVED: May 15, 2000 A.� CHARLES A. BOOTH MAYOR Ordinance 5389 May 9, 2000 Page 5 ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Fteynolds City Attorney CTS 4 Q L C'`3 CSS C-� Ordinance 5389 May 9, 2000 Page 6 - Rezone for Hearing Exainine ?age 7 - LEGAL DESCRIPTION OF PROPERTY - LEGAL I)ESCRII''I'ION: A tract of land in Section 31, Township .22; North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the East line of Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington, with South line of W.A. Cox Donation. Claim; thence East along the South line of said Donation Claim 426.57 Cn feet to the East line of County. Road and the true point of beginning; thence M North :.168.18 .feet; thence East 389.77 feet; thence Southerly 168.26 feet to a cm CM point on the South line of said Donation Claim; 386.57 feet East of said true point of beginning; thence West along the South line of said Donation Claim 386.57 `- feet to the true point of beginning; (BEING KNOWN AS Tract 17 and the.South C14 1/2 of Tract 18, Second Addition to White River Valley Home Tracts, according to Cn the unrecorded plat thereof): C= Tax Parcel ID # 936060-0090-03 cv FEE PAYMENT: 5750.00 plus $350.00 for SEPA checklist ' T.R #: i t': - Cashier's Initials: Date Received: Ordinance. 5388 - - — - P�aht""'7ut•'"'1Si,, Page.2 I C7 C*� cV ....IOIK-'jJO7_ Extdbi t - "A"' Page 1