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Home My WebLink About5839 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 11\\\\\\ ~ \ ~ \\ ~ 2004070a002025 PACIFIC NW TIT ORD 26.00 PAGE001 OF 008 07/08/2004 14:30 KING COUNTY, WA ________n____ ---_._--_.~ ------------- -_._.~-- RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance 5839) '6 ! '¿ L" p¡vw¡ v--je/~I ç- I'L Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page _ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1 . Thomas Academy Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot - Por 24 & 25 White River Valley Home Tracts [8J Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number 936000-0135,936000-0146,936000-0140 o Assessor Tax # not yet assigned ORDINANCE NO. 5 8 3 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF 7.18 ACRES OF PROPERTY LOCATED AT 20 - 49TH STREET NE WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION FROM I (INSTITUTIONAL) TO M- 1 (LIGHT INDUSTRIAL) WHEREAS, Application No. REZ04-0001 dated the 13th day of January, 2004, has been submitted to the City of Auburn, Washington, by Thomas Academy, requesting the rezoning of the 7.18 acres of land at 20 - 49th Street NE from I (INSTITUTIONAL) to M-1 (LIGHT INDUSTRIAL) and hereinafter described below and as identified on Exhibit "An 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. 5839 April 15, 2004 Page 1 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 "Bn and incorporated herein; and WHEREAS, after due consideration, and for each of the reasons set forth in said Exhibit "B,n 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. Rezone. The property located at 20 - 49th Street NE, in Auburn, King County, Washington, consisting of 7.18 acres, identified on said Exhibit "A,n the same is hereby rezoned from I (INSTITUTIONAL) to M-1, (LIGHT INDUSTRIAL). 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 of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ----------------------------- Ordinance No. 5839 April 15, 2004 Page 2 Section 3. Recordina. 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 bylaw. APR I 9 2U04 INTRODUCED: APR I 9 2004 PASSED: APR 1 9 2004 c-- / '---"~ PETER B. LEWIS MAYOR ATTEST: ~¿J1~ Danielle E. Daskam City Clerk ----------------------------- Ordinance No. 5839 April 15, 2004 Page 3 APPROVED AS TO FORM: ~ 1~p{3"c1<1 ----------------------------- Ordinance No. 5839 April 15, 2004 Page 4 Exhibit "A" to Ordinance Number 5839 Legal Description of Property Parcel #936000-0135: Lot- Per 24 & 25 White River Valley Home Tracts. School lot & W 274.55 ft of E 385.6 ft of tract 24 and W 257.55 ft of tract 25 less a tract of land L Y in NE comer of property. Address 20 49th St NE, Auburn, W A. Parcel #936000-0146: Lot 24 White River Valley Home Tracts E 200 ft ofW 562.5 ft. Parcel #936000-0140: Lot 24 & 25 White River Valley Home Tracts E 122 ft MIL of 24 and all of25 less W 257.55 ft ofSD Lot 25. Property Address -18 49th Street NE. ----------------------------- Ordinance No. 5839 April 15, 2004 Page 5 EXHIBIT "B" ORDINANCE NO. 5839 Page 1 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) ) NO. REZ04-0001 AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDA nON Thomas Academy For Approval for a Rezone \ 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 Conclusions. Pursuant to the Rules of Procedure of the Hearings Examiner, on April 7, 2004 the City submitted bye-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 13. 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 (ACe) and not the Auburn Municipal Code (AMe). AMENDED FINDINGS OF FACT 2. Properties to the north and south of the subject property are zoned Light Industrial and designated Light Industrial in the City's Comprehensive Plan. Property to the east is zoned Heavy Commercial and designated Heavy Commercial and Light Industrial in the Comprehensive Plan. Propery to the west is zoned Institutional and designated Light Industrial by the Comprehensive Plan. Exhibit 1, Staff Report, pages 2-3. The City representative testified that the general area in which the subject property is located is changing to industrial uses and fewer residential uses. The development trends of the nearby properties have become more consistent with the uses of a Light Industrial zone than those of an Institutional zone. Testimonv of Mr. Martin. 6. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the City of Auburn was designated as the lead agency for review of any environmental impacts resulting from the development. After consideration of all available environmental documents, the City issued a Determination of Non significance (DNS) for the proposed rezone on February 18, 2004. Exhibit 8, SEP A DNS. A DNS is a determination by the City that the proposed rezone will not have probable significant adverse environmental impacts. WAC 197-11-340. No appeals of the threshold determination were filed. EXHIBIT "B" ORDINANCE NO. 5839 Page 2 RECOMMENDA nON Based upon the preceding Findings and Conclusions, the request for a rezone of7.18 acres from Institutional to Light Industrial at 20 - 49th Street NE in Auburn, W A, should be granted. No other amendments are made. Dated this 7th day of April, 2004. ISI James M. Driscoll, Hearing Examiner