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HomeMy WebLinkAbout5465Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 1111111111111111111111111111111111111111 20010226000911 PACIFIC NY TIT MISC 10.00 02/26//2001PAGE eel F11:24 KING COUNTY, WA KLWRDER'S COVER SHEET Document Title(s) (or transactions contained therein): eps -PWW7- G✓- 8073-/Z ORDINANCE 5465 Rezone for REZ00-0003 Swanson Homes Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) Swanson Homes (Margaret Wilson, Margaret Darby & Marshal Bain) Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 ❑ Additional legal is on page _ of document. Assessor's Property Tax Parcel/Account Number Said docurnwM(s) wets Wad ow PER RCW 39.34 raoord by Peak Norftmm Tw as scomwrwdabon o* N ho nd bon eownwnd as to prOW wummdm or 0 Assessor Tax #not vet assioned w b NO sAsct upon On. ORDINANCE NO. 5 4 6 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT WEST SIDE OF ACADEMY DRIVE IN THE 3400-3800 BLOCKS WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM R-1 (SINGLE FAMILY) TO R-2 (SINGLE FAMILY). WHEREAS, Application No. REZ00-0003 dated March 23, 2000, has been submitted to the City of Auburn, Washington, by Swanson Homes, Margaret Wilson, Margaret Darby and Marshal Bain, requesting the rezoning of the real property located at the west side of Academy Drive in the 3400 — 3800 o blocks from R-1 (Single Family) to R-2 (Single Family) and hereinafter described below and as identified on Exhibit "A" attached hereto and N E� incorporated in this Ordinance by this reference; and WHEREAS, said request above referred to the Hearing Examiner for N 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 September 19, 2000, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on October 16, 2000, considered said request and affirmed the Hearing Examiner's recommendation for rezone Ordinance 5465 October 19, 2000 Page 1 based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT 1. Swanson Homes, Margaret Wilson, Margaret Darby, and Marshal Bain have requested a rezone to have their collective properties rezoned from the existing R-1, Single Family, to a proposed R-2, Single Family zone. The properties are located on the west side of Academy Drive in the 3400- 3800 blocks. The properties are mostly vacant and total 12.83 acres. The primary difference between the R-1 and R-2 zone is the R-1 zone has a minimum lot size of 8,000 square feet and the R-2 zone has a minimum lot size of 6,000 square feet. 2. A 20 lot preliminary plat on the Swanson Homes property (the southern 5.03 acres) is being processed concurrently with the rezone request. It is anticipated that other properties involved with the rezone will eventually subdivide as well. a 3. The City's Comprehensive Plan map illustrates the subject parcels to be single family. The single-family designation is appropriate for either R-1 or R-2 zoning. Given the smaller lot size allowed by the R-2 zone, it will allow N for a more efficient use of the property when subdivided. Overall, the increase in the number of lots allowed per acre with the R-2 zone would be about 1.5. C1 4. The Swanson Homes property has had additional environmental review for its proposed subdivision. When the other properties subject to this rezone are subdivided, there will be additional environmental review and public review as well. At that time, it will be determined what improvements may be needed for traffic, utilities, etc. It is anticipated that the increase in the number of lots allowed by the R-2 zone would not create adverse impacts much beyond the R-1 zone. 5. The contents of the case file, #REZ00-0003, and the environmental file, #SEP00-0015, of this project are hereby incorporated by reference and made part of the record of this hearing. Ordinance 5465 October 19, 2000 Page 2 CONCLUSIONS OF LAW The undersigned has concluded that the rezone may be approved 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. 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. M c' Section 2. The following property located at the west side of Academy cz: O .o Drive in the 3400-38000 blocks and identified on Exhibit "A" attached hereto N and incorporated in this Ordinance by this reference, in the City of Auburn, o County of King, State of Washington, be and the same is hereby rezoned from 0 R-1, (Single Family) to R-2, (Single Family). Section 3. 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 5465 October 19, 2000 Page 3 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Recording. 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 the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided m C=1 by law. `G INTRODUCED: November 6, 2000 N N o PASSED: November 6, 2000 C=) APPROVED: November 6, 2000 N C�-OtItJCQ�A 1�l- e. CHARLES A. BOOTH MAYOR Ordinance 5465 October 19, 2000 Page 4 N N O N ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. eynolds City Attorney /Qwxjj-J // 14 --act Ordinance 5465 October 19, 2000 Page 5 LEGAL DESCRIPTION OF PROPERTY 272105-9045 _ THAT PORTION OF THE NORTHEAST HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27,832-88 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE SOUTHERLY ALONG THE QUARTER SECTION LINE A DISTANCE OF 487.12 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER OF SAID SECTION 27; THENCE WESTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 523 FEET TO A POINT; THENCE NORTHERLY ON A LINE PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27, TO A POINT 832.88 FEET SOUTH OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE EASTERLY ON A LINE PARALLEL WITH THE NORTH BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 523 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 200 FEET OF THE EAST 120 FEET THEREOF; EXCEPT THE SOUTH 85 FEET OF THE EAST 120 FEET THEREOF; EXCEPT THAT PORTION OF ACADEMY DRIVE (140 AVENUE SE) RIGHT OF WAY; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. 272105-9113 THE SOUTH 100 FEET OF THE NORTH 1032.88 FEET OF THE EAST 120 FEET OF THE NORTHEAST .— QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 21 NORTH, RANGE SEAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET THEREOF LYING WITHIN o MUCKELSHOOT ROAD(140TM SOUTHEAST). 0 o 272105-9037 CN — THE SOUTH 416.44 FEET OF THE NORTH 832.88 FEET OF THE EAST 523 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT ROADS. t' The East 523 feet of the South 115 feet of the North 219.44 feet of the Northeast b Quarter Of the Southwest quarter of Section 27, Township 21 North, Range 5 East, W. M. EXCEPT County Road; TOGETHER WITH an easement for ingress, egress, and utilities over, under and across the East 523 feet of the South 17 feet of the North 236. 4 feet of said Northeast quarter of •Wc Sonthwect quarter; Situate in :he City of Auburn. County of King. State of Washington. North 41 feet of the West 130 feat of the South 197 feet Of the West 323 feet of the North 416.44 feet of the East 523 fast of the Northeast 1/4 of the Southwest 1/4:of Section 27, Township 21 North, Range 5 East W.M. Lot 2 of Short Plat No. 12-76 recorded under Recording No. 770527-0810; TOGETHER WITH an easement for road and utilities over the South 34 feet of the North 236.44 feet of the East 383 feet of the Northeast 1/4 of the Southwest 1/4 of SeetiOn 27, Township 21 North, Range 5 East, A.M.; EXCEPT the South 17 feet of the East 290 feet thereof; AND EXCEPT County Road; Situate in the County of King. State of Washington; N N Q I Q n N