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HomeMy WebLinkAbout5580t - fn , Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): FLED BY PNW7 1. Ordinance No. 5580 (Rezone REZ00-0002) k)lg3-7-12- Reference Number(s) of Documents assigned or released: ]Additional reference #'s on page _ of document 3rantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Trussler, Doug _egal Description (abbreviated: i.e. lot, block, plat or section, township, range) 'ortion of Gov Lots 9 and 10, SE % of NE'/, in Section 19 T21 N R5E WM �] Additional legal is on page 7 of the document. Assessor's Property Tax Parcel/Account Number: 192105-9100 ] Assessor Tax # not yet assigned ORDINANCE NO. 5 5 8 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF 4.2 ACRES OF PROPERTY LOCATED NORTH OF 17TH STREET SE AND EAST OF M STREET SE WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM M-2 (HEAVY INDUSTRIAL) TO R-0 (RESIDENTIAL OFFICE). WHEREAS, Application No. REZ00-0002 dated January 10, 2000, has been submitted to the City of Auburn, Washington, by DOUG TRUSSLER on behalf of MILES SAND AND GRAVEL, requesting the rezoning of the 4.2 acre parcel of land north of 17th Street SE and east of M Street SE from M-2 a (HEAVY INDUSTRIAL) to R-0 (RESIDENTIAL OFFICE) and hereinafter 0 described below and as identified on Exhibit "A" attached hereto and 0 I incorporated in this Ordinance by this reference; and N C= 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 August 13, 2001, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of said property; and WHEREAS, the City Council, on August 20, 2001, considered said request and affirmed the Hearing Examiner's recommendation for rezone Ordinance 5580 August 23, 2001 Page 1 based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT Doug Trussler, on behalf of the owner, Miles Sand and Gravel, has requested that a 4.2 acre parcel of land lying northerly of 17`h Street SE and easterly of "M" Street SE be rezoned from its existing zoning of M-2, Heavy Industrial to an RO, Residential Office zone. The purpose of the rezone is to allow for the construction of 17 duplexes and 2 triplexes for a total of 40 units. 2. Property to the west and south of the proposal is zoned RO, Residential Office and is developed with multi -family housing. The proponent of the subject rezone, Doug Trussler, also built these multi -family projects adjacent to the subject rezone. The property to the north and east of the rezone is zoned M-2, Heavy Industrial and is part of the Miles Sand and _w Gravel operation. 3. The City's Comprehensive Plan Map illustrates the western most part of the subject property as Office Residential. The eastern portion of the site is C= currently not designated a specific land use. The area has been designated a "Special Planning Area". The intent of a "Special Planning Area" is that a specific subarea land use plan will be done for the N conversion of the Miles gravel mining operation. Mining and reclamation o activities continue to occur on the site and a subarea land use plan has not V� yet been done. It is felt that the subject rezone is appropriate in that it is an extension of the two adjoining multi -family projects as well as it should not adversely impact the subarea plan when that is done. 4. Access to the project will be from "M" Street via an existing driveway that serves the multi -family project to the west. Opportunities have also been set aside to provide for another driveway to the east if the future street pattern for the property to the east allows for the connection to the subject multi -family connection. A condition within the Mitigated Determination of Non -significance provides for this connection. Ordinance 5580 August 23, 2001 Page 2 5. The contents of the case file #REZ0002-00 and the environmental file #SEP00-0002 of this project are hereby incorporated by reference and made part of the record of this hearing. 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: m 0 o Section 1. Purpose. The above-cited Hearing Examiner's Findings of rn o Fact, Conclusions of Law and Decision, are herewith incorporated in this 0 Ordinance. 0 0 "' Section 2. The following property located at north of 17th Street SE and east of M Street SE 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 M-2, (Heavy Industrial) to R-0, (Residential Office). Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, Ordinance 5580 August 23, 2001 Page 3 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. 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 LO �? implement such administrative procedures as may be necessary to carry out 0 the directions of this legislation. 0 o Section 6. Effective date. This Ordinance shall take effect and be in N C= force five days from and after its passage, approval and publication as provided N by law. INTRODUCED: September 4, 2001 PASSED: September 4, 2001 APPROVED: September 4, 2001 c!�g,Ga CHARLES A. BOOT MAYOR Ordinance 5580 August 23, 2001 Page 4 CV N O O N ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Ordinance 5580 August 23, 2001 Page 5 i�EC„4i DESCRIPTION OF PROPERTY PARCEL"B" That P0rti0n of Gov. Lots 9 and 10, SE 1/4 of NE 1/4, in Section 19, T21N, R5E, W.M., in King CcuntY, Washin8ton, being described as follows: fV u-, COrm�mcm8 at the southeast comer of said SE K, Thence S 89 3875" W, along the south fine of said f*� SE 1/4 and the centerf ne of i 7th St. SE, a distance of 893.82 feet, to the east line of the west 429.00 o feet 0f said SE 1/4; Thence N 00 613'55" A along said east line, a �T+ lime of the south 400.59 feet of said SE 1/ and the TRUE POINT OOF distance NG; Thencethe north o wing N 0013'55" E a distance of 348.05 feet, to the north line ofthe south 748 62 feet of said SE C=) 1/4; Thence N 89 38'35" E, along said north line, a distance of 440.02 feet; Thence S 45 2733- E a distaace of I62.93 feet, to the east line ofthe west 985.59 feet of said SE I/4; Thence S 00 13'55" W,. o along said east line, a distance of 233.01 feet, to the north lime of the south 400.59 feet of said SE 1/4 N Thence S 89 38'35" W, along said north line, a distance of 556.62 feet, to the TRUE POINT OF BEGINNING. Ordinance 5580 Exhibit A