HomeMy WebLinkAboutITEM VIII-A-5
AGENDA BILL APPROVAL FORM
A 0BURN F
~ WASHWGTON Agenda Subject: Ordinance No. 6259 related to Ordinance No. 6183 Date: August 11, 2009
and File No. CPA04-0003 - Special Area Plan Adoption
File No. CPA04-0002 - Comprehensive Plan Text and Map Amendments
File No. ZOA04-0004 - Zonin Code Text and Ma Amendments
Department: Planning, Building Attachments: Ordinance No. 6259, Budget Impact:
& Community Department Ordinance No. 6183 (without
exhibits) and Ordinance No. 6219
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6259.
Background Summary:
On June 16, 2008, the City Council passed its Ordinance No. 6183 which provided, among other things,
zoning changes and special area plan adoption for an area in the northern part of the city - subject of the
proposed development agreement by the Robertson Property Group Project (Auburn Gateway). That
special zoning provision was set, by the terms of Ordinance No. 6183, to expire after 180 days. The
expiration would have occurred on December 13, 2008. The Robertson Property Group Project has not
moved forward as quickly as was anticipated, and therefor, to avoid the consequences of the expiration of
that special zoning, it is appropriate to consider extending the timetable in which that zoning and special
area plan shall be effective. On December 1, 2008 the City Council adopted Ordinance No. 6219 which
extended the timeframe for implementation of the zoning and comprehensive pian changes for 6 months
to August 31, 2009.
This proposed ordinance, if approved, would extend the time of the zoning and comprehensive plan
changes provided by Ordinance No. 6183 to August 31, 2010; an additional year. This additional
extension is appropriate in light of the City's current floodplain moratorium in effect due to the National
Marine Fisheries Service (NMFS) and Federal Emergency Management Agency (FEMA) biological
opinion that determined development in the 100-year floodplain results in adverse impacts to endangered
species. A portion of the project site is within the 100-year fioodplain.
L0817-2 ORD 6259
03.4.1.25
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: 0 Building ❑ M&O
❑ Airport 0 Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks '
❑ Human Services ❑ Planning & CD ED Fire 0 Planning
❑ Park Board OPublic Works ❑ Legal ❑ Police
❑ Planning Comm. p Other 0 Public Works ❑ Human Resources
p Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wa ner Staff: Baker
Meetin Date: Au ust 17, 2009 Item Number: VIII.A.S
AUBURN* MORE THAN YOU IMAGIN£D
ORDINANCE NO. 6 2 5 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6219 TO EXTEND THE EFFECTIVE DATE
WHEREAS, on June 16, 2008, the City Council rpassed Ordinance No.
6183, which amended the City's Comprehensive Plan, zoning maps, and
included the adoption of a sub-area plan related to the Auburn Gateway Project;
and
WHEREAS, on December 1, 2008, the City Council passed Ordinance
No. 6219, extending the effective date of Ordinance No. 6183 until August 31,
2009; and
WHEREAS, the City and the Project proponents are still negotiating the
Development Agreement required by the Ordinance; and
WHEREAS, staff recommends extending this deadline by 12 months;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Section 1 of Ordinance No. 6219, amending Section 13 of
Ordinance No. 6183 is amended to read as follows:
Section 13. 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; provided, that this ordinance shall
not take effect unless the City and RPG executed a development
agreement for the Auburn Gateway Project by e,,,.,,s+ 2009
August 31, 2010.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Ordinance No. 6259
August 11, 2009
Page 1 of 2
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 of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 4. 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:
PETER B. LEWIS, MAYOR
ATTEST: Danielle E. Daskam, City Clerk
APP OV
f - f
D iel B. ei , ity Attorney~ Published:
Ordinance No. 6259
August 11, 2009
Page 2 of 2
ORDINANCE NO. 6219
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6183 TO EXTEND THE EFFECTIVE DATE
WHEREAS, on June 5, 2008, the City Council p.assed Ordinance 6183,
which amended the City's Comprehensive Plan, zoning maps, and included the
adoption of a sub-area plan related to the Auburn Gateway Project; and
WHEREAS, the Ordinance provides that the changes would not take
effect unless the City and the Project proponents entered into a Development
Agreement within 180 days, which period ends December 13, 2008; and
WHEREAS, staff recommends extending this deadline by nine months.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Section 13 of Ordinance 6163 is amended to read as follows:
Section 13. 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; provided, that
this ordinance shall not take effect unless the City and RPG
execute a development agreement for the Auburn Gateway
Project ' ~
bv Auqust 31, 2009.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
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 apptication
Ordinance No. 6219
December 1, 2008 .
Page 1 of 2
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. 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: DEC -12008
PASSED: DEC -12008
APPROVED: DFC - ~ 200~
PETER B. LEWIS, MAYOR
ATTEST:
C~
Da ' Ile E. Daskam, City Clerk
APP VE F RM:
iel . ' , City tto el~
Pubfished: It~ 3.
Ordinance No. 6219
December 1, 2008
Page 2 of 2
ORDINANCE NO. 6 18 3 AN ORDINANCE OF THE CITY COUNCIL OF THE
' CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 18.06.010, 18.48.020, 18.48.100,
~i 18.50.050, AND 18.56.040 OF THE AUBURN CITY CODE, CREATING A NEW SECTION 18.04.315
; AND A NEW CHAPTER 18.31, C-4, MIXED-USE
j COMMERCIAL ZONING DISTRICT, OF THE
! AUBURN CITY CODE AND ADOPTING RELATED
ZONING CODE MAP AMENDMENTS, RELATED
COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENTS, RELATED TO ADOPTION AND
IMPLEMENTATION OF THE NORTHEAST AUBURN
- ROBERTSON PROPERTIES SPECIAL AREA
PLAN
WHEREAS, the Robertson Properties Group ("RPG") has applied to the
City for approvals necessary to redevelop its property consisting of the Valley Six
Drive-in Theaters and several adjacent propeKies (collectively, the "Valley Six
Site") with retail, office and/or multiple family residential uses (the "Aubum
Gateway Project"); and
WHEREAS, the Valley Six Site is located within a larger area designated '
as a"Speciai Pianning Area" by the City's Comprehensive Pian; and WHEREAS, development of the Aubum Gateway Project would require
adoption of amendments to the City's comprehensive plan,. development of a
special area plan, and amendments to the City's zoning code and zoning code
map, in addition to approvals for the project itself, and
WHEREAS, the City reviewed RPG's proposed development and
determined that it was in the best interest of the public for the City to imitate a
Ordinance No. 6153
June 5, 2008
Page 1 of 37
rezone of a broader area under ACC 18.68.030(B)(2) rather than rezoning oniy
; the Valley Six site, as requested by RPG; and
,
, WHEREAS, the City and RPG contracted with Herrera Environmental
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Consultants, at RPGs expense, to prepare a special area plan for the Speciai
Plan Area; and
WHEREAS, the City transmitted the proposed code and comprehensive '
pian amendments to the Washington State Department of Community Trade and
Economic Development and to other state agencies for review as required by
RCW 36.70A.160; and
WHEREAS the Planning Commission held a work session to review and
consider the proposed amendments on August 3, 2004; and
WHEREAS, on December 7, 2004 the City of Auburn Planning
~ Commission heid a duly advertised public hearing on the proposed amendments
' and made a recommendation of approval to the City Council; and
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing
the location of the Comprehensive Plan Land Use Designations throughout the
City; and °
WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State
Growth Management Act; and
Ordinance No. 6183
June 5, 2008
Page 2 of 37
' WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that
action by Ordinance No. 4788; and
WHEREAS, amendments to the Comprehensive Plan may be made
i outside the annual amendment limit pursuant to RCW 36.70A.130 if done in
I conjunction with initial adopOon of a subarea plan that does not modify the
' comprehensive plan policies and designation applicable to the subarea; and
WHEREAS, the City and RPG agree that the City's adoption of the
comprehensive plan amendments, zoning code amendments, and special area
plan is contingent on the successful negotiation of a development agreement
between the City and RPG for the Aubum Gateway Project,
I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Adoption of New Sec#ion of Citv Code. That a new
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Section 18.04.315 of the Auburn City Code be and the same hereby is adopted,
to read as follows:
18.04.315 Discount club retailer.
"Discount club retailer" means a discount store or warehouse where
shoppers pay a membership fee in order to take advantage of discounted
prices on a wide variety of items such as food, clothing, tires and
appliances; many items sold in large quantities or bulk.
Section 2. Amendment to Citv Code. That Sectian 18.06.010 of the '
Auburn City Code be and the same hereby is amended to read as follows: i
18.06.010 Districts designated. i
A. The city is divided. into the foHowing classes of districts:
1. R-R, rural residential distr~ct (four acres per lot);
Ordinance No. 6183
June 5, 2008
Page 3 of 37
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' 2. R-S, one-family residential district (35,000 square feet per lot);
3. R-1, one-family residential district (8,000 square feet per lot);
4. R-2, one-family residential district (6,000 square feet per lot);
~ 5. R-3, one- and two-family residential district;
6. R-4, multiple-family residential district;
7. R-MHP, manufactured home park district;
~ 8. RO, residential office district and RO-H, residential office-
! hospita! district;
9. C-N, neighborhood shopping district;
10. C-1, light commercial district;
~ 11. C-2, central business district; 12. C-3, heavy commercial district; ,
13. C-4 mixed use commercial district;
144-3. M-1, light industrial district;
1544. M-2, heavy industrial district;
1M. BP, business park district;
174-6. Lf, airport landing field district;
TW. P-1, public use district;
1948. UNC, unclassified use district;
204-5. I, institutional use district;
212-8. LH, Lea Hill district:
a. LHRS, one-family residential district;
b. LHR1, one-family residential district;
' c. LHR2, one-family residential district;
d. LHR3, one- and two-family residential district;
e. LHR4, multipfe-family residential district;
f. LHRMHP, manufactured home park district;
g. LHC1, light commercial district;
h. LHP1, public use district; -
i. LHI, institutional district;
I . 2224. EP, environmental park district;
232-2. DUC, downtown urban center district.
B. The districts set out in subsection A of this section are established as
the designatiflns, locations, and boundaries thereof as set forth and
indicated on the zoning map. (Ord. 6071 § 1, 2007; Ord. 6036 § 1, 2006;
Ord. 5354 § 2, 2000; Ord. 4229 § 2, 1987.)
Section 3. Adoption of New Chaater of Citv Code. That a new
• Chapter 18.31, Mixed Use Commercial District, of the Aubum City Code be and
the same hereby is created to read as follows: '
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. Ordinance No. 6183 ~
June 5, 2008 j
Page 4 of 37 I
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Chapter 18.31
C4 MIXED USE COMMERCIAL DISTRICT
Sections:
18.34.010 tntent.
18.31.020 Permitted uses.
18.31.030 Uses requiring permit.
I 18.31.040 Development standards.
18.31.050 Supplementai development standards. ,
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' 18.31.010 intent.
The intent and objective of the C-4 district classification and
its application is to provide for a pedestrian oriented mix of retail,
office, and limited muitiple family residential uses. This
classification is intended to pravide flexibility in design and
combination of uses that is responsive to maiicet demands. This
classification is also intended to implement the Northeast
Aubum/Robertson Properties Special Area Plan, a Planned Action
for specific properties that have completed the Planned Action
process per RCW 43.21 C.031 and WAC 197-11. The uses
enumerated in this classification represent a mix that
accommodates multiple family residential, retail, and office uses
anticipated through a coordinated, site-specific planning process.
The multiple family residential must be located in a multistory
' building the ground floor of which must contain a permitted use or
combination of uses, other than parlcing, as listed in this section.
Certain heavy commercial uses permitted in. other commercial
classifications are not permitted in this district because of the
potential for conflicts with multiple family residential uses, in order
to achieve a quality of environment that is conducive to this mix of
uses. 48.31.020 Permitted Uses.
Hereafter all buildings, structures, or parcels of land in the G
4 district shall only be used for the following, unless othervvise '
provided for in this title: ~
A. Arcades, if accessory to a permitted use; ~
B. Art, music and photography studios; C. Automobile Service Station, if accessory to a permitted
use subject to the following development conditions:
1. Gasoline dispensing facilities for passenger '
vehicles, provided the following requirements are met.
These facilities are not'intended to be the same as or
4rdinance No. 6183 ~
June 5, 2008
Page 5 of 37
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' allow for an automobile service station as defined by
; ACC 18.04.140.
j a. The gasoline dispensing facility must be
' accessory to an existing retaiUservice
~ establishment in which the principal tenant has
~ a minimum floor area of at least 25,000 square .
; feet and the property must be at least 100,000
f square feet in area. The principal tenant must
own and/or manage the facility. The facility
I must be located on the same parcel of property
' as the principal tenant or be subject to a '
perrnanent recorded deed restriction that the
facility must be accessory to the retail/service
establishment.
b. The facility must be located and configured on the property to minimize the amount of
conflict with pedestrian traffic.
c. The facility must be located on and have
direct access to an artsrial using curb cuts and
driveways meeting city standards. If the curb
cuts and driveways do not meet current city
standards then they shall be brought up to
such standards.
d. The facility cannot interfere with the existing
parking and/or traffic circulation on the
property. There shall be enough room on the
. ' property to allow for adequate stacking space
for vehicles waiting for fuel in order to avoid interference with vehicles on the street. The.
facility cannot reduce the amount of parking '
required by the zoning code. '
e. The facility shall have a roof that covers all ~
activities including the pay window, refuse i
containers, fuel pumps and area being used for ~
vehicle fueling. The area that is covered by the j
roof of the facility shall be no larger than 6,000
square feet. The number and configuration of
pumps shall be limited such that no more than
10 vehicles may be fueled at any one time.
f. Columns or similar arohitectural features
shall be provided that screen the visibility of the
pump islands as well as give the visible .
fmpression of an enclosed structure. If
Ordinance No. 6183
June 5, 2008 ~
Page 8 of 37
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necessary, provisions must be made to avoid a
' safety issue of enclosing any fumes associated
with the fueling of the vehicfes. The overall
height of the facility shail not exceed 20 feet.
g. The design, architectural treatment and
streetscape features of the facility must provide
~ some design continuity between the facility and
primary structure.
h. A five-fobt width of Type III landscaping shall
be provided along the street frontage(s) that
! the facility is oriented ta
i. Any other products for sale shall oniy be
displayed within the building containing the pay
window and any such products shall be
incidental to automobile carelmaintenance, or
snacks and beverages. No sales of alcoholic
beverages wiil be allowed.
j. Signs shall be limited to permanent wall
signs, attached to the face of the canopy, only.
k. The application for a conditional use permit
shall illusttate how it complies with these
standards. D. Banking and related financial institutions; to include drive
through service.
E. Brew pubs;
! F. Daycare, including home based, mini daycare, daycare
' centers, preschool or nursery schools;
' G. Delicatessens and coffee houses; to include drive through
service; '
H. Discount club retailers;
1. Dry cleaning and laundry services;
J. Grocery stores; ,
K. Health and physical fitness clubs;
L. Hobby shops; i
M. Veterinary clinics, but does not allow outside runs or ;
kennels; j
N: Hotels, including convention facilities, reception and (
meeting rooms as an accessory use; ~
0. Liquor store;
P. Massage studlo;
Q. Multiple family residential, subject to the following
conditions: Ordinance No. 8183 ~
June 5, 2008
Page 7 of 37
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1. The multiple family residential must be located in a
~ multistory building and the ground floor must contain
a permitted use or combination of uses, other than
, parking, as listed in this section.
2. An exception to this ground floor commercial '
requirement is allowed for uses accessory to the
upper story residential at a rate of 1,500 square feet
of area per upper story of residential. The ground
floor areas accessory to the upper story residential .
may include, but are not limited to, entry space, lobby,
hallway, mail areas. The 1,500 square feet per upper
floor does not include exiting required to meet
applicable building and fire codes;
R. Personal service shops;
S. Pharmacies;
T. Small-scale reproduction and printing services, including
mailing and mail box services;
U. Professional offices;
V. Post offices, accessory or branch locations only;
W. Restaurants; including drive through service
X. Retail stores and shops, including department and variety
stores that offer for sale the following and similar related
goods:
1. Art supplies,
2. Automobile and motorcyde parts and accessories,
3. 6aked goods,
4. Beverages,
5. Bicycles, 6. Books, magazines, and newspapers 7. Candy, nuts and confectionery, 8. Clothing,
9. Computers, parts and accessories
10. Dairy products, 11. Dry goods,
12. Flowers and house plants,
13. Fruits and vegetables,
14. Furniture and home fumishings,
15. Harclware, including electrical, heating, plumbing,
glass, paint, wallpaper, and related goods,
16. Home garden supplies,
17. Household appliances,
18. Household pets and supplies,
19. Housewares, ;
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Ordinance No. 6183 ~ i
June 5, 2008
Page 8 of 37 i
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; 20. Jewelry and clocks,
i 21. Meat, fish, and poultry, preprocessed,
; 22. Nursery and horticultural products, '
; 23. Office suppties and equipment,
i 24. Photographic equipment, including finishing,
~ 25. Radio, television, stereos and household
~ electronics,
i 26. Shoes,
27. Sporting goods,
I 28. Stationery,
; 29. Toys;
( Y. Schools, inciuding art, business, barber, beauty, dancing,
' driving, martial arts and music;
Z. Secretarial services;
AA. Theaters, including waik up and outdoor projection;
BB. Other uses may be permitted by the planning director if
the use is determined to be consistent with the intent of the
zone and is of the same general character of the uses
permitted in this section.
18.31.030 Uses Requiring Permit.
~ The following uses may be permitted when a conditionai use permit
I has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Govemment facilities, this exciudes ofrices and related
uses that are permitted outright;
B. Nursing homes;
C. Utility substations;
~ D. Taverns
~ 18.31.040 Development Standards.
Development standards in a C-4 district are as follows:
A. Minimum lot area: none required;
B. Minimum lot width: none required;
C. Minimum lot depth: none required;
D.. Maximum lot coverage: none required;
E. Minimum lot size: '
1. Commercial uses: none required;
2. Residential uses: no minimum lot size, provided
that residential density does not exceed 20 units per
gross acre (including privately owned open space
tracts but excluding dedicated public roads). The i
multifamily must be located in a multistory building i
and the ground floor must contain a peRnitted use or i
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Ordinance No. 6183'M ~
June 5, 2008 ~
Page 9 of 37 !
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combination of uses, other than parking, as listed in
Section 18.31.020(Q), above.
' F. Maximum building height: 45 feet. Buildings may exceed
45 feet if one additional foot of setback is provided from each
i property line for each foot the building exceeds 45 feet;
; G. Minimum yard setbacks:
i 1. Front: 20 feet, '
~ 2. Side, interior: none required,
3. Side, street: 15 feet,
4. Rear: none required;
H. Fences and hedges: see Chapter 18.48 ACC;
1. Parking: see Chapter 18.52 AGC;
J. l.andscaping: see Chapter 18.50 ACC;
K. Signs: see Chapter 18.56 ACC. .
98.31.050 Supplemental Development Standards
Supplemental development standards in the C-4 distriat are as
follows:
A. All uses shall be conducted entirely within a building or
structure except:
1. Automobile parlcing lots;
2. Display or sales of goods that do not extend eight
t past the front of the buiIding, do not block
fee
entrances or interfere with pedestrian travel, do not
interfere with the parking areas and do not encroach
upon public property;
3. Outdoor seating for restaurants or other
entertainment;
4. Temporary uses as permitted by the hearing
,
' examiner, building official, planning director or city
' engineer pursuant to applicable ordinances;
' 5. Unloading and loading areas;
6. Utility substations;
7. Refuse containers;
8. Play areas far daycares, on-site residential or retail
uses. '
9. Drive-through facilities
B. Any repairing done an the premises shall be incidental
only, and limited to custom repairing of the types of
merchandise sold on the premises at retail. The floor area
devoted to such repairing shall not exceed 30 percent of the
total floor area occupied by the particular enterprise, except '
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Ordinance No. 6183~« I
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June 5, 2008 I
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~ that the limitations of this subsection shail not apply to shoe,
~ radio, television or ofher smali appliance repair services.
C. Storage shall be limited to accessory storage of
l commodities sold at retail on the premises or materials used
in the limited fabrication of commodities sold at retail on the
( premises. No outside storage is permitted.
i D. Operations conducted on the premises shali not be
objectionable beyond the property boundary lines by reason
of noise, odor, fumes, gases, smoke, vibration, hazard or
other causes.
E. No on-site hazardous substance processing and handling,
or hazardous waste treatment and storage facilities shalf be
permitted, unless clearly incidental and secondary to a
permitted use. On-site hazardous waste treatment and
storage facilities shall be subject to the state siting criteria
(Chapter 70.105 RCV1).
Section 4. Amendment to Citv Code. That section 18.48.020
of the Auburn City Code be and the same hereby is amended to read as '
follows:
18.48.020 Fences. A. Height Regulations. The minimum or maximum height '
requirements as stipulated throughout this chapter shall be
considered to be met if the height of the fence ,is within six percent
of the height required. The height of the fence shall be determined
from the existing, established grade on the property. 1. The following regulations shall apply in the R-S, LHRS, R-
~ 1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R-MHP,
LHRMHP, RO, RO-H, I, LHI, CN, C-1, LHC1, C-2, C-4, and
i DUC districts:
a. Fences may be constructed to a height not to
exceed the following in each of the required setback
' areas, as regulated per each zone, or as modified by
subsection B of this section:
Front yard: 42 inches; provided that fences
constructed of chain link, wrought iron or similar ,
materials that provide visibility may be 72 inches in ~
height; ;
Side yard: 72 inches; '
Rear yard: 72 inches;
Ordinance No. 8183
June 5, 2008 ~
Page 11 of 37 ~
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Street side yard: 42 inches.
2. Fences and walls buiit within the building area of a lot
may be as high as the maximum building height allowed
; within the applicable zone district. Building permits for
fences exceeding six feet in height are required.
B. Special Height Restrictions.
1. There shall not be anything constructed or reconstructed,
and no obstruction permitted to grow, other than a post,
column or tree not exceeding one foot square or one foot in
diameter, between a height three feet and 10 feet above the
i established grade within the triangular areas described
below, without the express approval of the city engineer:
a. The triangular area formed by a line 20 feet along
the right-of-way lines of two intersecting streets,
measured from the point of intersection of the right-of-
way lines, and the line connecting the finro ends of the
two 20-foot lines;
b. The triangu{ar area formed by a line 15 feet along
the street right-of-way line measured from the point of
intersection of the alley right-of-way line and a line 15
feet along the alley right-of-way line measured from
the point of intersection of the street and alley right-of-
way lines and the line connecting the unconnected
ends of the two lines.
2. In general, no fence, hedge, structure or other obstruction
shall act as a sight hazard to traffic, and the city engineer
~ may order the removal of such hazard whether or not such
object otherwise complies with the provisions of this title.
' C. Screened Fence Defined.
1. A screened fence shall consist, at a minimum, of a chain
link fence intenwoven with slats placed in every row or
available space in the fence; ;
2. A 100 percent sight-obscuring fence shall be constructed ;
Qf solid wood, metal, concrete or other appropriate material ;
which totally conceals the subject use from adjoining uses. i
D. Fences and Associated Landscaping.
1. When landscaping is required along the property line, the ~
fence shaU be set back a minimum af five feet if the fence ~
abuts a street right-of-way, so as to not obscure such
landscaping;
2. At other property lines the landscaping shall be located to
serve the greatest public benefit.
- E. Obstructions - Generally Prohibited. Ordinance No. 6183
June 5, 2008 •
Page 12 of 37
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1. In no case shall any fence and/or hedge be constructed or
j grown, within a distance of three feet, around any fire
i hydrant; as well as no fence or hedge shail deter or hinder
, the fire department from gaining access to any fire
~ department connection, fire protection control valve, fire
~ hydrant, or fire department appliance or device;
2. In no case shall any fence and/or hedge obstruct the
visibility of any fire hydrant from a distance of 150 feet, in
any direction, of vehicular approach to the hydrant;
3. In no case shall any fence and/or hedge be constructed or
grown in a manner which interferes with access to storm or
sanitary sewer manholes and other appurtenances which
require access for maintenance purposes.
F. Other than in the P-1, M-1, or M-2 zones, no fence may
include the use of barbed wire; provided, that pasture areas a
minimum of one acre in area may be fenced with barbed wire in
any zone. Barbed wire may be attached to the top of any in
addition to the height of a 72-inch fence, provided in does not
extend more than one additional foot in height.
G. Any fence located within a front yard that features a locking
gate or similar security device shall provide emergency access in a
manner acceptable to the fire marshal. (Ord. 6071 § 2, 2007; Orci.
6031 § 3, 2006; Ord. 5398 § 2, 2000; Ord. 5342 § 2, 2000; Ord.
4304 § 1(31), 1988; OM. 4229 § 2, 1987.)
Section 5. Amsndment to Citv Code. That section 18.48.100 of
~ the Auburn City Code be and the same hereby is amended to read as
' follows:
18.48.100 Wireless communications facilities siting standards.
The following siting standards are intended to guide the location
and development of wireless communications facilities (WCF) as
defined by ACC 18.04.912 but not including microcells. The siting
of microcells shall be in accordance with the definition of microcells
found in ACC .18.04.912(G). °
A. Separation befinreen Facilities.
1. NeW►, Freestanding Prima ry Support Structures.
a. The minimum separation, i.e., distance, between a proposed
monopole (that is 75 feet or less in height) and any other existing
primary support structure, of any height, shall be the height of the
proposed monopole, including antenna, multiplied by a factor o# 10.
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' b. The minimum separation, i.e., distance, between a proposed
~ monopole (that is more than 75 feet in height, or lattice towers of
~ any height) and any other existing primary support structure, of any
height, shall be the height of the proposed monopole, including
antenna, multiplied by a factor of 20.
2, The distance between primary support structures shall be
measured by following a straight line, without regard to intervening
buildings, from ttie base of one support structure to the base of the
other support structure(s).
3. A primary support structure would be considered "existing" if
i a conditional use permit or administrative use permit has been
issued and is still valid for sites which have not been built upon.
B. Co-Location Requirements.
1. For monopoles that are more than 75 feet in height and
lattice towers of any height (Type 3-B facilities), the owner of the
property shall execute and provide evidence of a nonexclusive
lease with the carrier that allows for other carriers to place
antennas on the structure.
2. Any application for a Type 3-B facility shall include technical
justification that an existing Type 3-B facility with a nonexclusive
lease could not be used instead of constructing a new tower.
C. Height.
1. Unless othenivise provided for, the height of any primary
support structure and/or antenna shall not exceed the height
limitations of the zoning district.
2. The maximum height of any primary support structure shall
not exceed 120 feet.
3. There shall be no variances allowed to the height limitations.
4. The carrier shall provide evidence that the Federal Aviation
~ Administration (FAA) has approved the location of a primary
support structure relative to the Auburn Municipal Airport.
5. Unless otherwise restricted by this section, building- or
stnucture-mounted antennas may extend a maximum of 15 feet ' above the maxirnum height permitted for structures within the zone.
6. Antennas that are mounted on structures that do not
otherwise have a height restriction may be allowed to increase the
overall height of the structure by no more than 10 percent of the
height of the structure unless additional approvals are obtained.
D. Setbacks.
1. AN equipment shelters, cabinets, support structures or other
above-ground facilities shall meet the setback requirements of the
zone in which located except as follows. All equipment shelters,
cabinets, or other above-ground facilities used to support primary
Ordinance No. 6183
June 5, 2008
Page 14 of 37
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support structures shall be set back the same distance required of
the primary support structure. All equipment shelters, cabinets, or
~ other abave-ground facilities within a nonresidential zone shall be
set back a minimum of 50 feet from any adjacent R zone.
2. The minimum distance from any primary support structure, ,
I~ of any height, to any residentially zoned parcel of property shall be
~ a distance equal to the overall height of the primary support
structure (including antennas) multiplied by a factor of two.
3. Where possible, roof-mounted antennas and equipment
shelters and/or cabinets are to be placed towards the center of the
building, or away from public views. Equipment shelters and/or
cabinets shall be screened by a parapet or similar architectural
feature. E. Fencing and Landscaping.
1. Fencing. Fencing is required to enclose all above-ground
support equipment that is associated with primary support
structures. Fencing will be 100 percent sight-obscuring as defined
in ACC 18.48.020(C)(2), if visible from public right-of-way or iess
intense zoning district. Equipment shelters and/orcabinets shall be
enclosed by fencing a minimum of six feet in height.
2. Landscaping. ,
, a. Where above-ground support equipment is visible from
public right-of-way, a minimum width of five feet of Type II
landscaping as defined in ACC 18.50.040 will be provided on the
exterior of the enclosing fence in order to effectively screen the
' equipment from the public right-of-way.
b. Where facilities are visible from adjacent residential uses, a
minimum width of five feet of Type I landscaping as defined in ACC
18.50.040 will be provided on the exterior of the enclosing fence in
order to effectively screen the equipment from the adjacent
residential uses.
c. Existing on-site vegetation may be used to meet the
landscape requirements if approved by the planning director.
F. Aesthetics.
1. In order to minimize any potential, negative aesthetic ,
impacts from new primary support structures including protecting
views to and from residential neighbofioods, mitigation may be
required to blend the facilities in with the adjacent development or
environs. Typical solutions for the support structure might include:
an extension of the building, a component of a sign structure, !
disguising the facility as a tree, planting of tall trees, moving the i
tocation of the facility, painting or texturing the facility, etc. I
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Page 15 of 37
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' 2. Building- or roof-mounted antennas wili be painted or
textured to "blend" with the adjacent surfaces.
3. No Isttering, symbols, images or trademarks large enough to
be legible to occupants of vehicular traffic on any adjacent street
shall be placed on or affixed to any part of the WCF, unless
' required by the FCC or FAA. I 4. Except as specifically required by the FAA (but must be
f approved by the city), freestanding primary support structures shali
' be painted a color that best allows them to blend into the
~ surroundings. The use of grays, blues and greens might be .
appropriate; however, each application shail be evaluated
individually.
G. Lighting.
1. Freestanding support structures shall not be artificially
lighted, unless required by the FAA or other applicable authority.
Any proposed lighting shall be submitted at the time of the initial
application. Any lighting must be reviewed and approved by the
city.
2. Security lighting used to light the equipment facility shall be
directed downward, shielded and kept within the boundaries of the
site.
H. Abandoned Facilities.
1. Any WCF which is not utilized for a period of nine months or
more will be considered abandoned.
! 2. Any WCF which falls into a state of disrepair as determined
by the planning director will be considered abandoned.
3. Any WCF considered to be abandoned'must be removed
completely within 90 days from the date of notification by the city's
'code enforcement personnel. The code enforcement personnel
may extend the 90-day period should a valid application for use of
the facility be submitted to the city.
1, Noise. For the purposes of this section, WCf will be
considered a Class B, commercial, noise source pursuant to WAC
173-60-040. J. Supplemental Information Required for Applications. In
addition to the information that is otherwise required for an
application for a permit for a WCF, fhe following is also required:
1. For a new primary support structure and related equipment,
the appticant shall provide the caRiers master network plan for the
city showing the carrier's existing WCF locations and narrative
explaining the potential WCF locations over the next year, if known.
The applicant shall also provide technical justification supporting
the need for the height of the primary support structure and why a i
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shorter support structure could not be ubfized. Any application for a
' Type 3-B facility shall provide technical justification as to why a
' Type 3-A facility could not be utilized instead to adequately serve
! the Auburn community.
2. Narrative description of the facility including whether there is
capacify of the proposed structure for more antennas, methods for
~ minimizing visual impacts of the facilities, etc.
~ 3. A color swatch for the proposed p(imary support structure.
' 4. Photographs or similar illustrations that show a reasonable
' likeness of the proposed facility including the antenna arrays and
I above-ground support equipment.
K. Zoning Districts in Which WCF Are Permitted. The following
table illustrates which zoning districts the types of facilifies, as
defined by ACC 18.04.912(J), are allowed in and which permits are
required. Microcells, as defined by ACC 18.04.912(G), are allowed
only in residential zones and shall be permitted outright pursuant to
the provisions of ACC 18.04.912(G).
T e of Permit Re uired
Zoning Permitted Administrative Conditional
District Outright Use Permit Use Permit
AllZones 1-D 1-D' 1-D2
RO-H 1-A 1-B 1-C
~ C-N 1-A 1-B 1-C
~ C-1, LHC1 1-A 1-B 1-C
G2 1-A 1-B 1-C
~ C-3 C-4 1-8,2-A 1-C,2-B, 3-A 3-B
M-1 1-6,2-A 1-C 2-13, 3-A 3-B
M-2 1-B, 2-A 1-C, 2-6, 3-A 3-B '
P-1, LHP1 1-13, 2-A 1-C, 2-B 3-A3 '
I, LHI 1-A 1-B 1-C '
LF 1 A 1-B 1-C I
~ Allowance for the WCF to extend to a height of 20 percent of the ~
supporting structure. ~
2 Allowance for the WCF to extend to a height of 30 percent of the 'supporting struature.
3 The maximum height allowed, including antennas, is 45 feet.
L. Exemptions. ~
1. Unless otherwise provided for, the following are exempt from
the provisions of this section:
Ordinance No. 6183
June 5, 2008
Page 17 of 37 .
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' a. Microcells as defined by ACC 18.04.912(G).
; b. Mobile testing facilities/equipment used to test network
; limitations. The facilitieslequipment shall not be at any one location
j for more than 14 days and shall othervvise meet the requirements of
~ any other ordinance, regulation or code provision.
2. The following is exempt from the provisions of subsection A
i of this section, Separation between Facilities:
~ a. Emergency communication systems operated by a local
public agency responsible for prvviding emergency services. (Ord.
6071 § 3, 2007; Ord. 6036 § 2, 2006; Ord. 5645 § 1, 2002; Ord.
5342 § 2, 2000; Ord. 5020 § 1, 1997.)
Section 6. Amendment to Citv Code. That section 18.50.050 of the
Auburn City Cade be and the same hereby is amended to read as follows:
18.50.050 Regulations by zone.
A. R-R, R-S, LHRS, R-1, lHR1, R-2, LHR2, R-3, and LHR3
Districts. Landscaping shall only be required in conjunction with a
~ conditional use permit. The type and amount to be determined at
that time the CUP is approved.
B. R-4 and LHR4 Districts.
1. Street frontage: five-foot width of Type Ilf;
. 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, or
l.HR2 zone: five-foot width of Type 111, adjacent parking or
driveways will require a five-foot width of Type II;
3. Adjacent to R-3 or LHR3 zone: five-foot width of Type
1V, adjacent parlcing. or driveways will require a five-foot
width of Type IIL
C. RO and RO-H Districts.
1. Street frontage:10-foot width of Type I II; ,
' 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot j
width of Type III, adjacent parking or drivewa.ys will require a ;
10-foot width of Type II; j
3. Adjacent to R-4, R-MHP: five-foot width of Type IV, ;
adjacent parCing or driveways will require a five-foot width of ~
Type IIl. ~
D. I, LHI, C-1, LHC1, G2, C-N, P-1, and LHP1 Districts. j
1. Street frontage: five-foot width of Type III, no street
frontage landscaping is required for the C-2 zone except for
parking lots and as may be required by ACC 18.28.050(F);
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Page 18 of 37
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2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2,
' R-3, or LHR3 -zone: five-foot width of Type il, adjacent
` parking or driveways will require a five-foot width of Type I;
I, 3. Adjacent to R-4, LHR4, RO, RO-H, R-MHP, or
; LHRMHP zone: five-foot width of Type III, adjacent parking
! or driveways wiil require a five-foot width of Type IL
E. . C-3, C-4. LF Districts.
; 1. Street frontage: five-foot width of Type III;
2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot
i width of Type II, adjacent parking or driveways will require a
~ 10-foot width of Type I;
3. Adjacent to R-4, RO, RO-H or R-MHP zone: 10-foot
width of Type IIi, adjacent parking or driveways will require a
10-foot width of Type II; .
4. Outdoor storage yards adJacent to any C, P, I or M-1 .
zone.
F. M-1 District.
1. Street frontage: 10-foot width of Type II1, an additional
10-foot width will be required when loading and unloading
docks face a street in lieu of the additionai 10-foot width of
Type III landscaping, a Type II landscaping may be provided;
2: Adjacent to any R zone: 10-foot width of Type I;
i 3. Adjacent to I, C-1, C-2, P-1, or C-N zone: 10-foot
! width of Type Ii, adjacent outdoor storage yards will require
a 10-foot width of Type I;
' 4. Adjacent to C-3, C-4, LF zone: 10-foot width of Type
ill, adjacent outdoor storage yards wiil require a 10-foot
width of Type I;
5. For those buildings that have ftontage on a street a
minimum of a 10 foot width of Type I11 landscaping shatl be
placed next to the building;
6. Outdoor storage yards adjacent to other M-1 zoned i
property shall have a minimum width of a five-foot Type I ~
fandscaping; ;
7. Adjacent to the Interurban Trail. Outdoor storage I
yards adjacent to the Interurban Trail (regardless of the
zoning of the lnterurban Trail) shall have a minimum 10-foot ~
width of Type I landscaping.
G. M-2 District.
1. Street frontage: 10-foot width of Type 111;
2. Adjacent to any R zone: 30-foot width of Type I;
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June 5, 2008
Page 19 of 37 .
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3. Adjacent to I, C-1, G2, P-1, or C-N zone: 10-foot
width of Type II, adjacent outdoor storage yards will require
1 a 10-foot width of Type I; I 4. Adjacent to C-3 C-4, or LF zone: 10-foot width of
Type II, adjacent outdoor storage yards will require a 10-foot
I width of Type I;
~ 5. For those buildings that have frontage on a street a
minimum of a 10-foot width of Type II landscaping shall be
placed next to the building.
H. BP District. The amount and type of landscaping shall be
determined at the time of the approval of the business park. The
fandscaping requirements shall however be guided by the M-1
requirements and a minimum of 15 percent of the business park
shali be landscaped. I. EP District.
1. Except as provided for in subsection (1)(2) of this
section, all required yards shall be landscaped with Type lll
~ landscaping.
2. The planning director may reduce the width of
required landscaping by up to 50 percent for projects
employing drip irrigation or similar water conservation
measures, use of native plant mateeials, or xeriscaping.
' 3. In no case shall less than 15 percent of the Iot be
landscaped
4. Outdoor storage areas shall be screened with a minimum
. width of five-foot Type I landscaping. (Ord. 6036'§ 3, 2006;
Ord. 5863 § 5, 2004; Ord. 5342 § 2, 2000; Ord. 4914 § 1,
1996; Ord. 4304 § 1(36) -(39), 1988; Ord. 4229 § 2, 1987.)
Section 7. Amendment to Citv Code. That sections 18.56.030 and i
18.56.040 of the Auburn City Code be and the same hereby are amended to
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read as follows: ~
18.56.030 General provisions, all districts.
A. Community Signs. The planning, building and community director may
approve and permit to be erected entrance signs, at or near the city limits,
on city public right-of-way or on privately owned parcels with the owner's
permission, on which may be listed institutional names, service clubs or
• Ordinance No. 6183 , June 5, 2008 . ~
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organizations or points of interest or similar public information. Right-of-
~ way use permits may be required for signs located in the public right-of-
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i B. Temporary Signs.
1. Special event signage may be allowed subject to the following:
a. Use of such signage is limited to 10 days per dispiay, not to exceed 10
days in any 90-day period;
b. The area of any single sign shall not exceed 30.square feet;
2. Banners may be allowed subject to the foliowing:
a. No more than two such signs may be used per site at any given time;
b. Use of such signs is limited to 90 consecutive days, and may not
exceed 90 days in any 120-day period; I
c. The area of any singls banner shall not exceed 120 square feet;
3. Signs which are placed upon or within a window and which are intended
• to be viewed from the right-of-way shall nat exceed 50 percent of the
window area;
' 4. Permits are not required, except that signs exceeding the allowable size
and time duration must receive a permit issued by the planning, building
and community director if special circumstances exist that warrant the
additional signage.
C. Civic Events. Street banners may be permitted subject to approval and
installation in accordance with rules and procedures established by the
city of Aubum public wotics department.
D. Sign Lighting Provisions.
1. All lighting shall be arranged to reflec# away from any residential zone.
No person shall construct, establish, c{eate or maintain any stationary
exterior lighting or illumination system or any interior system which is I
intended to be viewed from a street, highway or other public thoroughfare
used for vehicular traffic which system contains or utilizes:
Ordinance No. 6183
June 5, 2008
Page 21 of 37
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; a. Any exposed incandescent lamp with wattage in excess of 25 watts,
~ b. Any exposed incandescent lamp with a metallic reflector,
~ c. Any exposed incandescent lamp with an external reflector,
d. Any revolving beacon light,
~ e. Any continuous or sequential flashing operation, except as allowed for '
, changing message center signs in subsection (F)(1) of this section;
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2. The provisions of subsection (D)(1) of this section shall not apply to:
a. Lighting systems owned or controlled by any public agency for the
purpose of directing or controlling navigation, traffic, or highway or street
illumination,
b. Aircraft warning lights.
E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. .
1. Each sign shall be adequately constructed in accordance with the
requirements of the International Building Codes, as amended;
2. Signs containing electrical circuitry shall meet the requirements of the
National Electrical Code and a11 state laws, and shall include an approved
' testing lab sticker,
3. Signs must meet vehicular sight distance requirements established by
the city engineer pursuant to ACC 18.48.020(B); I
4. When a projecting sign is used, no angle irons, guy wires or braces
shall be visib(e, except those that are an integral part of the overall design, ~
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such as decorative metals or woods, or unless they are required for
safety.
F. Changing Message Center Signs.
1. Where permitted under this Chapter, changing message center signs
shall comply with the following requirements; provided thafi changing
message center signs that only display time and temperature or similar
public senrice information shall be exempt from these requirements.
Ordlnance No. 6183
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Page 22 of 37
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; a. Where allowed. Changing Message Center signs shall only be allowed
~ in the I, P1, C1, C2, DUC, C3, C4, M1 and M2 zones.
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I. In the i and C1 zones, changing message center signs shall only
~ be allowed on frontages along a coliector, minor or principal arterial street. '
ii. In the I zone, no changing message centet sign shall operate
between the hours of 10:00 p.m. and 6:00 a.m.
iii. In the DUC zone, changing message center signs shall only be
allowed when located adjacent and oriented to Auburn Way North/Auburn
Way South street frontages. (For other sign standards for the DUC zone,
see ACC 18.29.060.1).
~ b. Number. No more than one changing message center sign per street
' frontage shail be permitted on each property.
a Sign Face Area. Except in the i and P1 zones, the changing message
center shall not constitute more than seventy five percent (75) of a sign's
totai sign.face area. ~
d. Display. . !
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1. The disPlaY of the sign shall not change more rapidly than once every
one and one-half (1.5) seconds.
2. No scrolling message shall require more than five (5) seconds to be
displayed in its entirety.
a. Light Leveis.
Ordinance No.6183 ~
June 5, 2008
Page 23 of 37 ~
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1. Changing message center signs shall have installed ambient light
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monitors and shaii at all times allow such monitors to automatically adjust
I the brightness level of the sign based on ambient light conditions.
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( 2. At no time shall a changing message center sign be operated at a
~ brightness level greater than the manufacturet's recommended levels.
~ 3. All lighting shall be arranged to reflect away from any residential zone.
~ The director shall have the authority to require a sign permit application
include inforrnation to ensure the intent of this requirement is met.
4. The brightness level shall not exceed eight thousand (8,000) nits when
measured from the sign's face at its maximum brightness during daylight
hours and five hundred (500) nits when measured from the sign's face at
its maximum brightness between dusk and dawn;
f. On Premise Advertising Only. Changing message center signs shall only
advertise on-premise products and senrices, or display public service
messages or messages on behalf of not-for-profit organizations.
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g. Additional Requirements. A copy of the manufacturer's operating i
manual shall be provided to the City upon request. ~
h. Amortization. All changing message center signs that do not comply
with the requirements of ACC sections 18.56.030 F.1.(d) and F.1.(e) shall
be brought into compliance with those requirements by April 1, 2009.
G. Change of Copy. The holder of a perrnit, for the duration thereof, shall
' have the right to change the advertising copy on the structure or sign for
which the permit was issued without being required to pay any additional
fees.
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June 5, 2008 . Page 24 of 37
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H. Exemptions. Unless otherwise specified or unless expressly prohibited,
; it is not the intent of this chapter to regulate the following signs:
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~ 1. The flag of a government or noncommercial institutions such as
schoois, with the poles treated as structures;
' 2. Official public notices, official court notices;
3. Incidentai signs (see ACC 18.56.020(0), Definitions);
I 4. Signs not visible from public right-of-way;
5. Lettering or symbols painted directly onto or flush-mounted magnetically
onto an operable vehicle;
6. Painting, repainting, cleaning, repairing, and other normal maintenance
unless structural or electrical changes are made;
7. Religious symbols not attached to a permitted sign;
8. Memorial signs or tablets, names of buildings, dates of erection and the
like, which are incorporated into the building materiat and facade; '
; 9. Signs required by law, traffic or pedestrian control signs, signs
' indicating scenic or historic points of interest, which are er.ected by or on
the order of a public officer in the performance of his or her public duty;
' 10. Sculptures, fountains, mosaics, and design features which do not
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incorporate advertising or identification; j
11. Temporary signs limited exclusively to noncommercial speech. 1
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Prohibited Signs. From and after the effective date of the ordinance
codified in this chapter it shall be unlawfut for any person to erect or place
within the city, except as otherwise author¢ed:
1. A swinging projecting sign;
2. Portable signs, except as permitted, by ACC 18.56.025 (Real Estate Signs) and ACC 18.56.040(E) (C-2 District);
3: Banners, pennants, ribbons, streamers, spinners, rotating or blinking
lights, strings of lights, or similar devices, except as permitted by
subsection B o# this section (Temporary Signs);
Ordinance No. 8183
June 5, 2008
Page 25 of 37
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4. Flashing signs, except as permitted in subsection D of this section
(Lighting Provisions);
5. Changing message center signs, except as allowed in the I, P1, C1,
;
~ C2, C3, C4, M1 and M2 zones.
1 6. Signs attached to, or placed on, a vehicle or trailer parked on private or
~ public property that is not associated with the business advertised on said
~ sign(s). This provision is not to be construed as prohibiting the
identification of a flrm or its principal products on a vehicle used in the
normal course of business. This does not include automobile for sals
signs or signs attached to franchised buses or taxis;
7. Private signs placed in or on a public right-of-way, except for as
expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety
by reason of its size, focation, movement, coloring, or method of
illumination, or by obstructing the vision of drivers, or detracting from the
visibility of any official traffic control device by diverting or tending to divert
the attention of drivers of moving vehicles from traffic movement on
streets, roads, intersections, or access facilities. No sign shall be erected
so that it obstructs the vision of pedestrians by glare or method of ;
illumination or constitutes a hazard to traffic. No sign may use words, ~
phrases, symbols or characters in such a manner as to interfere with, ~
mislead, or confuse traffic;
9. Any sign or advertising structure or supporting structure that is tom,
damaged, defaced or destroyed;
10. Signs attached to poles installed by governmental agencies, utility
poles, trees, rocks or other natural features;
11. Signs attached to benches, garbage cans, or other street fumiture
located within the public right-of-way;
12. Rotating signs;
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' 13. Billboards;
~ 14. Any sign which does not structurally or materially conform to the :
~ requirements of the city's adopted Intemational Building Code.
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i J. Nonconforming Signs. Permanent signs established legally prior to the
I adoption of this chapter that do not conform to the regulations of this
' chapter with regard to number, size, height or location shall be allowed to
~ remain as legal nonconforming signs except as follows:
! 1. Whenever a new building replaces the principal building.
~ 2. When there is an expansion of an existing building, the requirements of
this section shall apply only if there is an increase in floor area of 25
percent or more (including the cumulative increase of previous expanslons
after the effective date of the ordinance amending this section).
3. Whenever a nonconfonning use is replaced by a conforming use, the
requirements of this section shall apply in full to the new use if and only if
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~ there is a change in required signage due to the zoning district.
4. Any sign, including the sign strueture, now or hereafter existing which
no longer advertises a bona fide business conducted or a product sold.
Such sign(s) shall be taken down and removed by the owner, agent or ;
person having the benefiaal use of the land,. building or structure upon ~
which such sign may be found within 90 days after wriften notiftcation from
the building official.
K. Master Sign Plans Authorized. The planning, building and community
director has the authority to require a master sign plan to ensure a
consistent and coordinated signage scheme for development proposals. In
approving master sign plans under the provisions af this subsection, the
director has the authority to approve signage schemes tfiat allow for signs
greater in area and height than allowed in the particular zone in which the
development is located when a coordinated signage scheme is used.
Master signage plans shal( be recorded. (Ord. 6152 § 2, 2008, Ord. 5993
Ordinance No. 6183
June 5, 2008
Page 27 of 37
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§ 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2,
~ 1987.)
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~ 18.56.040 Regulation by district.
' A. R-R, R-5, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4,
i LHR4, R-MHP, LHRMHP Zoning Districts (Nonresidential Uses,
~ Except as Noted).
; 1. Residential entry monument: A cumulative area of 50
; square feet or 10 feet in height (highest point of sign
~ structure) not to exceed finro per entrance; provided, that no
sign exceeds 32 square feet in area. .
2. Maximum sign area of all signs is 40 square feet per .
frontage.
3. Freestanding Signs.
a. Total number permitted: one per frontage not .
to exceed two total freestanding signs per property.
b. Maximum height: 10 feet. '
c. Maximum area: 32 square feet per face,
, caiculated at a rate of one square foot of sign area for
' every three lineal feet of frontage. The minimum
entitlement for feeestanding signs shall be one 16- '
square-foot sign for those sites with frontages less ,
than 48 feet.
' 4. Wall Signs (for Building or Tenant Space).
a. Total number permitted: one per frontage not
to exceed finro total wall signs per buiiding. ;
b. Maximum area: 32 square feet, calculated at a {
rate of one square foot of sign area for every three ~
lineal feet of frontage. The minimum entitlement for F
wall signs shalt be one 16-square-foot sign for those ~
sites with frontages {ess than 48 feet. (
5. Signs may be indirectly illuminated only. k
B. RO, RO-H, C-N, C-1, LHC1,. BP Zoning Districts ~
(Nonresidential Uses). 1. Maximum sign area of all signs is 150 square feet per
frontage.
2. Freestanding Signs.
a. Total number permitted: one per frontage not
to exceed finro total.
b. Maximum height: 22 feet, 10 feet in the RO
zone. ~
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Ordinance No.,6183 ;
June 5, 2008 ?
Page 28 of 37 ~
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c. Maximum area: 100 square feet per face, 75
! square feet per face in the RO zone, calculated at a
; rate of one square foot of sign area for every finro
~ lineal feet of frontage. Minimum entitlement for
' freestanding signs shall be one sign at 32 square feet
for those sites with less than 64 feet of frontage.
i d. If permitted, the second freestanding sign shall
! not exceed 50 percent of the area allowed for a single
~ . freestanding sign and 150 feet measured in a straight-
line distance must separate multiple pote signs.
3. Wall Signs (for Buiiding or Tenant Space).
a. Total number permitted: One per frontage.
b. Maximum area: 100 square feet, calculated at
a rate of one square foot of sign area for every 1.5
lineal feet of frontage. For multitenant buildings where
freestanding signage contains the name of not more
than one tenant business (e.g., a p(me tenant name '
or a shopping center name), an additional 25 percent
of wall signage per tenant space shall be allowed.
This increase in signage shall not appty to minimum
entitlement for walf signs, which shall.be one sign at
16 square feet.
c. Signs may be directly or indirectly illuminated.
, 4. Suspended Signs.
a. Total number permitted: one per entrance.
b. Maximum area: six square feet per face.
' c. Minimum clearance is eight feet from sign to ;
grade. ~
5. Projecting Signs.
a. Not peRnitted in C-N, RO or RO-H. b. Total number peRnitted: one in lieu of a
permitted freestanding sign. c. Maximum height: height requirement of the
zoning district.
d. Maximum area: 50 percent of the area allowed
for single freestanding signs. C. P-1, LHP1, i, LHI Zones.
1. Freestanding Signs. a. Total number pemnitted: one per frontage not .
to exceed two total.
b. Maximum height: 18 feet.
c. Maximum area: 80 square feet per face,
calculated at a rate of one square foot of sign area for
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Ordinance No. 6183 f
June 6, 2008 ~
Page 29•of 37 (
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every two lineal feet of frontage. The minimum
; entitlement for freestanding signs is one sign at 32
; square feet.
d. If permitted, the second freestanding sign shall
not exceed 50 percent of the area allowed for a single
freestanding sign and 150 feet measured in a straight-
~ line distance must separate multiple pole signs.
e. For projects, paroeis or complexes that have a•
singie street frontage and more than 300 feet of street
~ frontage, a changing message center sign may be
permitted for a total of two signs per frontage subject
~ to the foliowing:
I i. Oniy one changing message center is
1 provided.
ii. Multiple signs are separated by at least
' 150 feet.
iii. The combined area of the two signs
does not exceed 120 square feet in size and
neither sign is greater than 80 square feet in
size. 2. Wall Signs (for Building or TenanYSpace).
a. Total number permitted: two per street
frontage.
b. Maximum area: 50 square feet for total of all
~ wall signs per frontage. !
c. Signs may be direcUy or indirectly illuminated. ~
D. LF, M-1, M-2 Zoning Districts. ~
1. Maximum sign area of all signs is 150 square
feet/frontage.
2. Freestanding Signs.
. a. Total number permitted: two per frontage not to ~
exceed four total.
b. Maximum height: 30 feet.
c. Maximum area: 125 square feet per face,
calculated at a rate of one square foot of sign area for
every twa lineal feet of frontage. Minimum entitlement
for freestanding signs is 32 square feet far those sites
without 64 feet of frontage:
d. The total arsa of freestanding signs on any
given frontage shall not exceed the area allowed for a
single freestanding sign.
e. The maximum height of signs located on a
second or third frontage shall be 20 feet.
. Ordinance No. 6183
Jvne 5, 2008 ~
Page 30 of 37 (
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' f. Multiple freestanding signs must be separated
~ by 150 feet measured in a straight-line distance.
3. Wali Signs (for Building or Tenant Space).
i a. Total number permitted: one per frontage.
j b. Maximum area: 100 square feet, calculated at
' a rate of one square foot of sign area for every 1.5
lineai feet of frontage.
' 4. Projecting Signs.
I~ a. Total number permitted: one in lieu of a
~ permitted freestanding sign.
b. Maximum height: height requirement of the
zoning district. .
c. Maximum area: 50 percent of the area allowed
for single freestanding sign.
E. C-2 Zoning District. 1. Maximum sign area of all signs is 200 square feet.
2. Hanging signs that are designed to dispiay the i
availability of a specific product in a business, limited to ;
three square feet and no more than two such signs per ;
business, shall be considered permanent signs, but shall not !
be caiculated as part of the maximum allowed signage.
3. Freestanding Signs.
~ a. Freestanding signs are not allowed on ;
properties abutting or oeiented toward Main Street. ;
b. Totai number permitted: one per frontage not !
to exceed two totaL ~
c. Maximum height: 20 feet.
~ d. Maximum area: 75 square feet per face,
calculated at a rate of one square foot of sign area for each lineal foot of frontage. Minimum entitlement for
freestanding signs sha11 be one sign at 32 square feet.
4. Wall Signs.
a. Total number permitted: one per frontage.
b. Maximum area: 150 square feet, calculated at
a rate of one square foot of sign area for every one
lineal foot of frontage. For multitenant buildings where
freestanding signage contains the name of not more
than one tenant business (e.g., a prime tenant name
or a shopping center name), an additional 25 percent
of waU signage per tenant space shall be allowed.
This increase in signage shall not apply to minimum
entit{ement for walls signs, which shall be one sign at
16 square feet.
Ordinance No. 6183
June 5, 2008 ~
Page 31 of 37
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5. Suspended Signs. One double-faced suspended sign,
i not exceeding three square feet per face, may be aliowed for
, each business entrance. There shall be a minimum of eight
~ feet of clearance between the grade and the sign.
( 6. Portable Signs. One portabie sign may be allowed for
~ each business entrance, not to exceed one portable sign per
building frontage, subject to the following:
a. May be placed within public right-of-way
subject to the guidelines provided by the pianning,
building and community development director in
~ consultation with the city engineer such that sign does
not interfere with pedestrian or vehicular traffic and
conforms to the requirements of the Americans with
Disabilities Act.
b. May not exceed 36 inches in height and 30
inches in width and be limited to two faces.
c. May be displayed du(ing business hours only.
d. Must be constructed of efther wood or another
sturdy material to ensure stability in the wind. '
e. May not move, spin, flash, or othervvise be
animated.
f. Shall meet applicable supplemental dssign
requirements of the Aubum downtown association.
7. Supplemental Sign Standards, G2 Zone.
a. Sign Design and Construction. .
i, All signs, other than temporary signs,
shall be made of professional, durable ~
~ materials such as wood, metal, and/or glass. ~
' ii. Signs that are indirectly illuminated shall ~
have their light sources shielded from view. ~
' iii. Intemally illuminated signs are not ~
permitted abutting. or o(iented tvward Main
Street.
b. Sign Placement. . i, Signs shall be oriented toward
pedestrian visibility and shall be positioned at
such a height as to be readable by
. pedestrians.
ii. Externally mounted wall signs sha11 nat
be mounted so as to block building windows.
` F. C-3 and C-4 Zoning Districts lNonresidential Uses, Except .
( as noted .
1. freestanding Signs.
Ordinance No. 6183
3
June 5, 2008 ~
Page 32 of 37 E
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a. Total number permitted: two per frontage not to
exceed four totaL
i b. Maximum height: 30 feet.
i c. Maximum area: 200 square feet, calculated at
I a rate of one square foot of sign area for every two
lineal feet of frontage; provided, that the maximum
~ size of any sign does not exceed 125 square foot per
i face. The minimum entitlement #or freestanding signs
~ is 32 square feet for those sites without 64 feet of
frontage.
d. The total area of freestanding signs on any
- given frontage shall not exceed the area allowed for a
single freestanding sign. :
e. The maximum height of signs located on a ,
second or third frontage shall be 20 feet.
2. Wall Signs (for Building or Tenant Space).
a. Maximum area: 125 square feet, calculated at
a rate of one square foot of sign area for every 1.5
lineal feet of frontage. . '
3. Projecting Signs.
a. Total number permitted: one in lieu of a
permitted freestanding sign.
~ b. Maximum height: height cequirement of the
zoning district.
. c. Maximum area: 50 percent of the area al{owed
for single freestanding sign.
• 4: Suspended Signs. ;
' a. Total number permitted: one. ;
,
b. Maximum placement height: 25 feet. i
c. Maximum area: six square feet per face. '
d. Minimum clearance is eight feet from sign to
grade. ~
5. Off-Premises Signs.
a. Total number permitted: one per business and
one per parceL
b. location: Off-premises sign must be located in ~
a zone that permits off-premises signs.
c. Maximum height: 20 feet.
d. Maximum area: 50 percent of the area allowed
for single freestanding sign, calculated using the feet
of frontage of the site where the sign is located.
e. Must be within 750 feet of the business being
advertised.
Ordinance No, 6183
June 5, 2008
Page 33 of 37 ~
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f. Must be separated from any exis#ing pole sign
a minimum distance af 150 feet measured in a
~ straight-line distance.
~ g. Sign can be no more than two faces.
; h. Signs may be directly or indirectly illuminated.
6 Residential entrv monument (residential uses): A
cumulative area of 50 sauare feet and 10 feet in
height (measured at the hiphest point of sian
structure) not to exceed two per entrance: provided,
that no siqn exceeds 32 square feet in area.
~ G. EP Zoning District.
~ 1. Maximum sign area of all signs is 150 square feet per
street frontage.
2. Freestanding Signs.
a. Freestanding signs shall be limited to ground
signs.
b. Total number permitted: one per frontage not '
to exceed two total.
c. Maximum height: 10 feet.
d. Maximum area: 100 square feet per face,
calculated at a rate of one square foot of sign area for
every two lineal feet of frontage. Minimum entit{ement
~ for freestanding signs is 32 square feet for those sites
with less than 64 feet of frontage. ,
e. Multiple freestanding signs must be separated
by 150 feet measured in a straight-line distance. '
f. Minimum Yard Setbacks. '
i. Directly illuminated signs: 10 feet; ii. Indirectly illuminated signs: five feet.
3. Wall Signs (for Building or Tenant Space).
a. Total number permitted: one per frontage.
b. Maximum area: 100 square feet, calculated at
a rate of one square foot of sign area for every 1.5
lineal feet of frontage. For multitenant buildings where
freestanding signage contains the name of not more
than one tenant business (e.g., a prime tenant name),
an additional 25 percent of wall signage per tenant
space shall be allowed. This increase in signage shall
not apply to minimum entitlement for wall signs, which
shall be one sign at 16 square feet. (Ord. 6036 § 4,
2006; Ord. 5993 § 1, 2006; Ord. 4229 g 2, 1987:)
Ordinance No. 6183
June 5, 2008 ~
Page 34 of 37 '
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Section 8. Adoption of Comprehensive Plan Amendments. The
~ Comprehensive Plan text and map amendments as set forth in Exhibits "A" and
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~ "B", . respectively, attached hereto and incorporated by reference are herewith
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~ adopted and approved and shaii be filed along with the Ordinance with the City
Clerk and be available for public inspection.
The Comprehensive Plan text and map amendnnents modify the
Comprehensive plan adopted on August 18, 1986 by Resolution No. 1703 and
adopted by Ordinance No. 4788 on September 5, 1995.
The Comprehensive Plan and text amendments are herewith designated
as a basis for the exercise of substantive authority under Washington State
Environmental Policy Act by the city's respons+ble environmental official in
accordance with RCW 43.21.060. .
Section 9. Adoption of Subarea Plan. The subarea plan, the
;
Northeast Auburn/Robertson Properties Special Area Plan document, as set forth j
. i
in Exhibit "C", attached hereto and incorporated by reference, is herewith
adopted and approved and shall be filed along with the Ordinance with the Ciry
Clerk and be available for public inspection.
Section 10. Adoptlon of Zonina Code Map Amendments. The Zoning
Code Map Amendment, as set forth in F-xhibit "D" attached hereto and
incorporated by reference, is herewith adopted and approved and shall be filed along with the Ordinance with the City Clerk and be available for public
' inspection. Ordinance No.,6183 ~
June 5, 2008 •
Page 35 of 37
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Section 11. Impiementation. The Mayor is hereby authorized to
~ implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
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Section,92. Severabilitv.The provisions of this ordinance are dec{ared
, 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.
Section 13. 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; provided, that this ordinance not take effect unless the City and
RPG executed a development agreement for the Auburn Gateway Project within
one hundred eighty (180) days of the effective date of this Ordinance. ;
DATED and SIGNED this day of 2008. I
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JUN 16 2008
INTRODUCED: .
PASSED: JUN 181008
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I APPROVED: JUN 16 2008
Ordinance No. 6183
June 5, 2008 ~
Page 36 of 37 ~
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'I O URN
PETER B. LEWIS
~ MAYOR
~ ATTEST:
Da ' Ile E. Daskam,
City Clerk
APPROVED AS TO FORM: ~r~L Ik~t a,,►~uy ~
niel B. Heid,
City Attorney
Published: C
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Ordinance No. 6183
June 5, 2008 ~
Page 37 of 37 , j
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LEGAL DESCRIPTION
PROJECT NAME: Valley Six DrivaIn
PROJECT ADDRESS: Northwcst Quarter and the Southwest Quazters of Section
~ 31, Trnvnship 22N, Range OSE
Aubum, Washingbon
I
~ PROJECT' A.P,N.: 9360600305, 9360G00330, 93GOG00323, 9360600325, and
9360600270
PARCEI. A:
TH.qT PORTION OF THE DONAITON LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, '
ELIZABETH COX, DBSIGNATED AS CLAIM NO. 38, BEIING A PART OF SECITON 31, TOWNSHIP
22 NORTH, RANGE 5 EAST, WILLAME7'IE MERIDIAN, IN KIIdG COUN11', WASHINGTON,
DESCRIBED A5 FOLLOWS:
COMbRNCING AT THE NORTHSAST CORNER OF SAID DONATION LAND CLAIM;
THENCE SOUTH 7°53'45" WFST 898.20 P'EET TO 1HE SOUTI3 LINE OF SOUTH 280H STREET '
AS FSTABLISHED BY DEED TO ItING COUNTY RECORDED UNDER RECORDING NUMBER
5869551 AND THE TRIdE POINT OF BEGINNING;
THENCE COi3TINUING SOUTH 1053'45" WEST 659.86 FEET; ,
TFENCE SOUfH 56°Oi't9" WF.S'T 203.43 FEET;
THENCE NORTH 89°1T18" WSST 485.03 FEBT;
~ TfiENCE NORTH 1053145" EAST 285.8 FEET;
THENCE NORTH 8904715" VfiEST 350.00 FEEP;
THENC.E NORTH 1°53'45" EAST 166.01 FEET TO A POINT DDfIICH IS 1,000 FEET DVEST OF, AS i
MEASURED AT RIGHT ANGLES TO, THE EAST LTNB OF SAID DONATION LAND CLAIM;
TfENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF ICENT AUBURN ROAD, 66TH
AVENUE SOUTH, AS ESTABLISHED BY DEEDS TO KNG COUNTY RECORDED UNDER
RECOItDING NU1tiIDER5 761006 AND 761007;
THENCE NORTIiERLY ALONG SAID EASTERI.Y LINE TO THE NORTHVVEST CORNER OF
THAT PORTION OF 49TH STREET NORTHEAST, AS VACATED UNDER ORDINANCE NUMBER
2627 IN THE CTTY OF AUBURN, ALSO RECORD$D UNDER RECORDING NUMBER 7301120384;
'fHENCE SOUTH 89°O8'15" EAST,1,005.2Z FEET; ,
THP.NCE SOUTH 1053'45" WEST 10 FEET;
THENCE SOUTfi 89008'15" EAST TO TfE TRUE POINT OF BEGINNING;
EXCEPT THAT PORT'[ON THERIIOF DESCRIBED AS FOLLOW'S:
' CO1HNfENCING AT THE NORTHBAST CORNER OF SAID DONATION LAND CLAIM NO. 38;
THENCE NOR'TH 88°55' WFSr 420.15 FEET;
. THENCE SOUTH 1°53'45" WF..S'I' 1,229.725 FEET;
THEiVCE NORT'H 8702027" WEST 579.90 FEET TO.TfiE TRUE POINT OF BEGINNIIQG;
THEiJCE CONTINUING NORTH 8702427" WEST 424 FEET;
THENCE SOUI'H 1053'45" WEST 117.60 FE$T;
Tf-tEI3CE NORTH 88°06'15" WES"T TO THE EAST MARGIN OF KENT•AUBURN ROAD. 86TH
AVENUE SOUTH, AS ESTABLISHED BY DEED TO KING COUN'I'Y RECORDED UNDER
1tEC:ORDING NUMBER 761007;
THRNCE NORTHERLY ALOiVG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF
THAT PORTION OF 49TH STREET NORTHEAST AS VACATID UNDER ORDINAN(E NUMBER
2627 IN THE C1TY OF AUBURN AND ALSO RECORDED U13DBR RECORDING NUMBER
' 7301120384;
Vallry Six DdwIx -.4ubxno, tP/arbinpx
DBM Co-lrig Eiloxeerr
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THENCB SOUTH 89908'15" EAST ALONG THE NORTHERLY LINE OF SAID VACATED
~ PORTION OF 49TH STREET NORTHEAST TO A POINT NORTH 1°53'45" EAST FROM THE TRUE
~ POINT OF BEGINNING;
i THENCE SOUT'Fi 1953'45" WEST TO THE TRUE POIIN'f OF BEGINIVING;
I TOGETHER WITH THAT PORTiON OF VACATED "D" STREET NORTFEAST (86TH AVENUE
i SOUTI-n AS VACATED BY ORDINANCE NUMBER 2626, AS WOULD ATTACH BY OPERATION
OF LAW;
1 TOGETHER WITH THOSE PORTlONS OF VACATED 49'i'H STREET NORTHEAST (50UTH
280TH STREET) ADJOINING AS VACATED Bl' AUBURN ORDINANCES 2627, 3594, & 3614,
RECORDED UNDHR RECORDING NUMBERS 7303120384, 8102090641 & 8304230744,
RESPECTIVF.LY, AS WOULD ATTACH HY OPERATiON OF LAW;
(AISO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 38 AND 39, TOG$TFiER WfTH
VACATED STZtE$T5 ADJORJING, WHTTE RIVER VAI7.Lri HOME TRACT'S 2ND ADDT170N.
ACCORDING TO T'HE UNRECORDED PLAT THEREOF).
PARCEI. B:
THAT PORTION OF THE DONATTON LAND CLP►IM OF WIIZ.IAM A. COX AND HIS WIFE,
F.LIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF SBCTION 31. TOWNSHIP
22 NORTH, RANGE 5 EAST, WILIAME'ITE MERIDIAN, IN KING COUNTY, WASHINGTON.
DESCRIBED AS FOLLOWS: .
BEGINNING AT A POIIVT ON THE NORTH LINB OF SAID DONATION LAND Ci.AIM, A
, DISTANCE OF 420.15 FEET WFST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 839.74 FEET TO THE NORTH MARGIhI OF SOUTH ?SOTH STREET, AS
FSTABLISHED BY DEEDS TO KNG COUN'iY, RECORDED UNDER RECORDING NiJbIDERS
544796 AND 5869551;
THENCE WEST ALONG SAID NORTH MARGIN 259.26 FEET;
THENCE NORTH 840.74 FEET TO A POINT ON THE NORTH LAVE OF SAID DO1dATTON CLAIM
A DISTANCE OF 259.24 FEET WEST OF THE POINT OF BSGINNING;
THENCE EAST ALONG SAID NORT'H LINE TO THE POINT OF BEGINNING;
EXCEPT THE EAST 30 FEET: AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET (52ND SfREET
NORTHF.AS'1); AND '
' F.XCEPT THAT PORTTON 7I3EREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY ;
DEED RECORDED UNDER RECORDING NUMBBR 7103110262; ~
TOGETHER WiTH THAT PORTION OF VACATED 49TH SIREET NORTHEAST (SOUTH 260TH !
STREE'n ADJOINTNG AS VACATED BY AUBURN ORDINANCS 3594 RECORDED UNDER i
RECORDING NUMIDER 8102090641, AS WOULD ATTACH BY OPERATION OF LAW; ;
i
(ALSO KNOWN AS A PORTION OF TRAGT 42, TOGETfM WCtH VACATED STRMTS ~
ADJOINING. WHTTE RIVER VAILEY HOME TRACTS 2ND ADDIT2aN, ACCORDING TO TFE j
UiVRECORDED PLAT THEREOF). I
PARCFJ. C:
THAT PORTION OF THE DONA720N LAND CLAIM OF WILLIAlVt A. COX AND HIS WIFE,
ELI7.ABE1'H COX, DPSIGNATED AS CIAIM NO. 38, BEIING A PART OF SECTTON 31. TOWNSFIIP
22 IdORTH, RANGE 5 EAST. WILLAMETTE MERIDIAN. IN KIIVG COUNTY, WASHINGTON,
DESCRIBED A5 FOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID DOIVATION CLAIM, AT A POIiVT 679.39 FEET
WEST OF THE NORTHEAST CORNER THEREOF;
Va!lrySrxDovala-Axban% Varbirrgtea
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! THENCE SOLTiH 890IO'30" WEST ALONG SAID NORTEi LINE?58.94 FEET;
i THENCE SOUTH 0°49'30" W$ST 841.71 FEE'1' TO THE NORTH MARGIN OF SOUTH 280Q'H
' STREET, AS ESTABLISHED BY DEEDS TO KING COUNIY, RECORDED UNDER RECORDING
NUMBERS 544796 AND 5869551, SAID POINT BEYiVG SOUI'H 88056'30" WEST 938.52 FEET PROM
i THE EAST LINE OF SAID DONATION CLAIM;
TfiENCB 88056'30" EAST ALUNG SAID NORTH MARGIN 258.95 FEE'C;
THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNIhiG;
EXCEPT T'HAT PORTtON, IF ANY, LYING WYI'HIN SOUTH 277TH STRFET {52ND STRF.ET
NORTHEASI);
TOGETHER WITH THAT PORTION OF VACATED 49'TH STRF.ET NORTHEAST {50UTH 280TH
S'I1zEE'I) ADJOINING AS 4'ACATED BY AUBURN ORDWANCE 3594 RECORDBD UNDER
RECORDII3G NUMBER 6102090641, AS WOULD ATTACH BY OPF.RATION OF LAW;
I (AISO KNOWN AS TltACT 43, TOG$T'HFR WITH VAC,ATED STREET ADJOINWG, WHI'!E
I RN$A VALLEY HOME TRACTS 2ND elDDTTION, ACCORDING TO. THE UNRECORDED PLAT
THEItEOF).
PARCF.L D:
THAT NORTION OF THE DONATiON LAND CLAIM OF WII.I.IAM A. COX AND HIS WIFE,
SLIZABETHCOX, DESIGNATED AS CLATM NO. 38, BEING A PART Og SECTION 31,TOWNSHIP
22 NORTH RANGE S EAST, WTLLAMM'I'E MERIDIAN, IN K[NG COUNTY. WASHINGTON.
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON T14E NORTH LINE Of' SAID DONATION CI.AIM, WHICH POIN'i'
1S 938.33 FE£T SOUTH 89°IO'30" WESP OF THE NC1RTHMT CORNER OF SAID DONATION
CI.AIM;
'ITiENCE SOUTH 89910'30" WEST ALONG THE NORTH LiNE OF SAID DONATION CLAIM 258.64
FEET;
THENCE SOUTH 0°49'30" WFST 842.68 FEET TO A POAVT ON THE NORTH LINE OF THE
COUNTY ROAD, AS ESTABLLSHED BY DEEDS TO KING COUNTY RECORDED UNDER
RECORDING NUMBERS 544796 AND 5869551, WHICH POINT I5 7,197.18 FEET SOUTH 88°56'30" ,
WFST OF THE BAST LINE OF SAID DONATtON CLAIM;
THENCE NORTH 88056'30" EAST AIANG THE NORTH LINE OF SAID COUNTY ROAD 258.66
' FEET; THENCE NORTH 0°49'30" EAST 841.71 FEET TO THE POINT OF BEGINNING; !
EXCEPT 'I'FiAT PORTION, IF ANY, LYING WIIHIIV SOUTf I 277TH STREET (52ND S1'REET j
NORTHEASI).
TOGETHER WTL'H THAT PORTTON OF VACATED 49TH STREET NORTHEAST (50U'TH 280r1'H
STREEI) ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDBR
RECORDIING Nt3MBER 8102090641, AS WOULD ATTACH BY OPERATION OF LAW;
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(AISO KNOWN AS 1RACT 44, T'OC'ETHER WITH VACATED S7'RFET ADJOINING. WHiTE
. RIVBR VALLEY HOME TRACTS ?ND ADDITTON, ACCORDIING TO THB UNRECORDED PLAT
THEREOO.
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I AARCEL E:
THAT PORTION OF THE DONATTON LAND CLAIM OF WlLLUM A. COX AND HIS WIFE,
F.I.TZABETIi COX, DESICrNATED AS CLAIM I30. 38, BEING A PART OF SECTIOid 31. TOWNSHIP
22 NORTH, RANGE S Ee4ST, WILLAMETTE MERIDIAN, IN KII3G COUNTY, WASHIIVGTON,
DESCRIBED AS FOLLOWS:
BEGR32JIING ON THE IVORTfiERi.Y LINE OF SAID DONATION LAND CLAIM, AT A POIN3'
WHICH IS SOUTH 89910'30" WESY' 1.196.97 FEET MOM THE NORTHFAS'T CORiVER Tt1EREOF;
THENCE SOUTH 89°10'30" WE51' ALONG SAID NORTHERLY LINE 258.34 FSET;
Va/ky Six Driw•Ix-Axbwnr. WarbigJat ~
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THENCE SOUTFi 7°03'30" WEST 843.64 FEET TO THE NORTHERI.Y LINE OF COUNlY ROAD,
AS ESTflBLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBP•RS
i 544796 AND 5869551, AT A POINT WHICH IS SOUTH 88°56'30" WEST 1,455.53 FEET FROM THE
~ EAST LINE OF SAID DONATION I,AND CI.AIM; "
j THENCE NORTH 88°56'30" WEST 258.35 FEET;
~ TI-ENCE NORTH 0°49'30" EAST 842.68 FEET TO THE POINT OF BEGINNING;
( EXCEPT THE WESTERL7t 30 FEET THEREOF FOR COUNTY ROAD; AND
E?CCEPT THAT PORT[ON, IF ANY, LYING WITHN SOUTH 2771'H STREET (52ND STREET
NORTHEAST); AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KI1dG COUNTY FOR ROAD PURPOSES BY
DEED RECORDED UND$R RECORDING NUMBER 7103110262;
~ TOGETHF,R W1TIi THAT PORTION OF VACATED 49TH STREET NORTHEAST (30UTH 280TH
STREE'n ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER
RECORDING NUMBER 810Z090641, AS WOULD ATTACH BY OPERATION QF LAW;
(ALSO KNOWN AS A PORTION OF TRACI' 45, TOGETHER WITH VACATED STREET
ADJOINING, WHITE RIVER VALI,EY HOME TRACfS 2ND ADDTTION, ACCORDING TO THE
UNRECORDED PLAT THEREOF).
Pe1RCEL F: '
THAT PORTiON OF THE W.A. COX D.L.C., IN SE.CTION 31, TOWNSMP 22 I30RTH. RMTGE 5
EAST, WILLAMEI'TE MERIDLAN, IN KING COUNTY, WASFIINGTON, DFSCRIBED AS
FOLL.OWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.G;
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEE'T TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING WEbT AIANG SAID NORTH LINE 210.0 FEET;
THENCE SOUTH 839.74 FE$T, MORE OR LESS, TO THE NORTH LINE OF SOU7H 2801H
SIREET AS ESTABLISFED BY DEEDS TO KING COUNIY RECORDED UNDER RECORDING
NUMBERS 544796 AND 5869551. AT A POINT 420.31 FEET WES'1' FROM THE EAST LINE OF SAID
C07t D.L.C.;
THENCE EAST ALONG SAID NORT'H LINE 209.94 FEBT;
THENCE NORTH 839.0 FEET, MORE OR LESS, TO THE TRUE POIN't' OF BEGINNING;
E7CCEPT THE SOUTH 414.56 FF.ET TFiEREOF; AND
EXCEPT THAT. PORTION, IF ANY, L1fING V(IITHIN SOUTH 277TH STREET (52ND STREET
NORTHEAS'n;
' (ALSO KNOWN AS A POR'ITON OF TRACT 41, WFITPE RNIIR, VALLEY HOME TRACTS 2ND
ADDI'TION, ACCORDING TO THE PLAT THE1tEOF).
PARCEL G:
THAT POR'TION OF TFffi W.A. COX D.L.C. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 '
EAST, VV,[LLAMETTE IeiEItIDIAiV. IN KING COUNTY, WASHINGTON, DESCRIBED AS
SOLLOVVS:
BEGINMNG AT THE NORTFEAST CORNER OF SAID W.A. COX D.LC.;
THENCE WEST ALONG THE NORTH TdiVE TEiEREOF 210.15 FEET;
THENCE 50UTH 839 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH STREET
A3 FSTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NU1vBERS
544796 AND 5869531, AT A POIIVT 210.37 FEET WEST OF THE EAST LINE OF SAID D.L.G;
TFiENCE EAST ALONG SAID NORTH I3NE 270.37 FEE'!"TO THE EAST LiNE OF SAID D.LC.;
ZHENCE NOR'I'fiERLY ALONG SAID F.AST LiNE 838.2 FEET TO THE POINT OF BEGINNING;
EXCEPT THE SOUTH 414.56 FEET T'HEREOF; AND •
Val47 Six Driri-le-Aabrmr, Warbrqka ~
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EXCEPT THAT PORTT03V, IF ANY, LYING WPTHIN SOU1N 277TH STREET (52ND STREET '
NORTHEASI);
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~ • (ALSO KNOWfT AS A PORITON OF TRACTS 41 AND 42, WHI1E RNER VALLEY HOME TRACTS
; 2ND ADDITION, ACCORDING TO THE UNRECORDED PI.AT'I-IEREOF).
PARCEL H:
TFiAT PORTION OF THE DONATION LAND GLAIM OF WILLIAM A. COX AND HIS WIFE,
ELIZABETH COX, DESIG3VATED AS CLAIM NO. 36. BEING A PORITON OF SECIYON .31,
TOWNSHIP 22 2JORTfi, RANGE 5 EAST, WIId.AMM1E MERIDIAN, IN IQNG COUNPY,
WASHINGTON. DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO. 38;
TT-IENCE NORTH 88055' WEST 410.15 FEET;
THENCE SOLTTH 1°53'45" WF.ST 1,229.725 FEET;
, Tf-IENCE NORTH 6702427" WFST 622.30 FEET TO TIiB TRUE POINT Og BEGINNIIdG;
THENCE SOZJTH 1°53'45" WEST 117.60 FEET;
THEiVCE 88000I5" WEST TO THE FAST MARGIN OF KENT-AUBURN ROAD (86TIi AVENUS
SOUTi-n, AS ESfABLISHED BY DEED TO KING 'COUidTY RECORDED UNDER RBCORDING
NUIvBER 761007;
THENCE NORTHER[.Y ALONG St1ID EASTERLY MARGIN TO A POIIdT FROM WHICH THE
1RUE POINT OF BEGINNING BEARS SOUTH 87°24'27" EASf;
TJ-iENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BEGINNING;
TOGETFiER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (86TH AVF.idUE
SOUTI-n ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY
OPERATION OF LAW;
(ALSO ICNOWN AS A NORTHWES!'ERLY PORTION OF TRACT 36, TOGETHF.R WITH VACAIED
STREE'i' ADJOINING, Wf= RNER VAI,I,EY IiOME 1RACIS 2I3D ADDITION, ACCORDING
TO THE UNRLCORDED PLAT THBREOF).
PARCELI:
A TRACT OF LAND IN THE W.A. COX DONATTON LAND CLAIM NO. 38, IN SECTTON 31. .
TOWNSHIP 22 NORTH, RANGE 5 EAST, WtLI.AMETTE MERIDIAN. IN KING COUNiY,
! WASHINGTON. DESCRIBED AS FOLLOWS: '
BEGINNING AT AN INTERSECTTON IN THE CURVE OF THE EAS1'ERi.Y MARGIN OF THE
KENT-AUBURN ROAD, AS ACQUIRED BY ICTNG COUNTY TN SUPERIOR COURT CAUSE NO. '
85322, ALSO KNOWN AS ROAD #76, AiVD THE NORTHEASTERLY MARGIN OF AUBURN WAY
' iVORTH;
' THENCE SOUTEI 35014'08" EAST ALONG THE EASTF.RLY MARGIN OF AUBURN WAY NORTH
65.00 FEET TO THE POIN'T OR BEGINNING OF SAID 7'RACT OP I..AND;
THENCE CONTINUING SOUTH 35°108" EAST 248.49 FEET; I
, THENCE NORTH 49055'00" EAS'P 126.88 FEET; •
THENCE NDRTH 34°44'00 WEST 146.85 MT;
THENCE NOR'I'fI 89°47'15" WEST 356.77 FEET TO THE POINT OF BEGINNING; ~
(AiSO KNOWN AS A PORTION OF TRACl$ 34 A1VD 35, WHITE RIVER VALLL+Y HOME TRACTS
2ND ADDITiON, ACCORDINGTO THE UNRHCORDED PLAT TE-ERE03).
Vo!/y Six Ddw-br-Axbwm, Watbiqfen
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LSga/ Duarifxoop . Pag S
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PARCEL 1, CTTY OF AUBURN SHORT PLAT IdUMSER SP-29-79, RECORDED UNDER
I RECORDING NUMBER 7912120806, SA1D SHORT PLAT BEING A SUBDIVISION OF A PORTIOiV
OF THE W.A. COX DONATIOtV LAND CLAIM IJO. 38, IN SECTTON 31, TOWNSHIP 22 NORTH,
I RANGB 5£AST, WILI.AMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
I TOGETHER WITH THAT PORTION OF VACATED "D" STREET I30RTHEAST ADJOINING, AS
WOULD ATTACH BY OPERATlON OF LAW;
TOGETHER WITH AiV EASEMENT FOR II3GRESS, EGRSSS AND UTII.ITIES OVER PARCEL 2 OF SAID SHORT PLAT, AS F.STASIdSI3ED BY INSTRUMBiVT RECORDED UNDER RECORDWG
~ NUMBER 7909281042.
PARCEL K:
THAT PORTION OF PARCEL 2, CTTY OF AUBURN SHORT PLAT NUMSER SP-29-79, RECORDED
UNDER RECORDII3G NUMBER 7912120806, LYING WEST OF THE SOZITHERLY PRODUCTION
OF THE EAST LINE OF PARCEL 1 OF SAID SHORT PLAT;
AISO
THE WFST 427.03 FEET OF THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING LAST
OF THE SOUTHERI,Y PRODUC'I'ION OF THE EAST LiNE PARCEL 1 OF SAID SHORT PLAT;
sAID SHORT PLAT BEIIVG A SUBDIVISION OF A PORZTON OF THE WA COX DONATION
Lr1rTD CLAIM NO. 38. IN SECTION 31, TOWNSHIP 22 NORTH, RANGE S FAST, WIILAMETTE
MEKIDIAN, IIJ KING COUN'iY, WASHINGTON.
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~ Legal Description of Parcel No. 9360600300
e,aar:T a
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TheC portioa of tIIa nonetion Load claia ot t+il3iam A. cox and bia
vltc S1lssbsGh Co¢, daslqnaled au Claiu ko. 78, bainq a part of
6ectlon 31, Tovnohip 27 North, Ranqo 5 East, R.lI., ln 81np
County, Washiaqlon, daaaciLod ac lol7ows:
Coltsoncing et tha norChaaot eoraar of sald Donatloa 1Ae4 C1a3s
No• 381
'
. lhonao nacth Bt•85' veat 420.55 Leatt -
Cbenca south 3•57'43" veet 1,229.725 toatt theneo north 91'24•=7^ vast 579.90 [aob t0 tho Liva point of
baqlnetnq~
thenet eontinulaq aorlh 87•24'27• vaaC 42.4 toct;
thatqe oalth 1153'450 weot 137.60 [eot;
thtnco north 68•04179" waet to tha eut assqta of lcent-1luburn
- Rond (86th Avpepe Bouth), as wtabllebod Oy deed to lftng County
socotAed uader racosdLry mmbw 761007y
thOwas nottharly aloaq said outarly aargtn to tbe nocthvast
cotnac oL tpat portion of 49th Streat Mortbwot, s+ vswtod undac
ordinanae Mo, 2427 3q tha clcr of Jlubatn, olee rteorded unaas
raoocdinp nusbec 73011203e4i
Lhoneo routp 09•08•15" •set along the norlborlY lias oC oeid
vgCBNd portlon of 49tb Street Noethaut to a poiat Iwt'tb
1•52145" otet lrom 1hs ttue polnt of beginnlaq;
tlisnce eouth 1•53045" voat W thg true point o! DeqLnnlnq;
~ a
TCGESIIFR 1fiTB tAat poctlott of vaeated "D" ilsagt Nottheae! (66th
~ Jlviaw iouth) u vaentsd by Otdinarteo tto. 2626 vh1oA wuld attaah
~ by oponitian of law.
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~ Legai Description of Parcel No. 9360600325
~ i I •
~ TNfiGRApiOli E 80IAIa L. BOSI. GVWOfCC R. DOg end DA91D N. BOSL# os qq41 taesLto ;a comm
. ~T br~ndinwnidn~tiond 24fl erd 110h00 (.f10.00) DQ.WtS i ~IiotjyMd.~la
~n~
av v
~J ~nluroaN.m~reYtNaeannnto Rf~Uib H. STiD1• ~ olagle ma
OD Wjia 330
th roMawlny Oaar10N wl ~we uYuntl M ~AeCm~.v vt Kiog ~~~J~+~ .
Wrtin~tae ~ 0~
s+K e~,se ~it.Sb teeC ef EAe! oostloa of Y. coa eMeig, e.ra M.I. ia s~.nsP ffi,
, Retth, Rsafe S fest. F.N.. in t}A6 COmt,Y. 14lbia090 QegorlDed al !1oll.s
BeiStminR sL the Morth"et eamr ot mid 9. A. t- Dorotion Tebd Clafsi lAmee waber-
17 &1on11 tne „ortA liw or a!d OaHtSOa tsnD clnle 020.15 tketi iheuee 6oath 039.1k
heD *a'c o+ tesup to the 1leeth Ltne o: the Cmt7 Aqa "aom% 93M Krftt' at a peis!
420.31 lest vest nw the Esat iine ot eetd AmNtioo ]aad elatai tbeaae tuC s2a+[ ald
earotr raC 420.y1 t«! !o vx E.it liug of NtA dar:tce Led aLirs tlatoe xastw~
olvas the Are tine ot ew:d doeeLtw tad cuta 939.2 t«t to the yLse el Nssmdni-
tvfwthe Kffi sq aseetut fpr laWaNa OM e'MOS omr thut pMtloo oS qLd V. .
Ouo~tim Lni Olnfy d.-otYWd so tnltew: A. Cmt
oeOmlag ot the WorkMaeo aorner vr vsle V. I. Car po~rttaa
~~~auR the Npfth ltpe of vqI! v, Cw faad ClaLei tEsaae lwates'
15 teet to the troe yoiac ~
IKnofpN of Lhis qK'Wnti llrcnea eulerlr aLonR wld *m!h liae 40 00 feetJ thaooe
wuChsd$ ev a polot w the qmth lix or the Cqmi> >tpva •goutA EBOth alxect• vulq 1t
100.37 T'ort Yeet of the UK ltne o0 matd Ccm payyen Le
~ nO Clo1w: tboeee vssterly
. laur the 1ty~~ tine or gate roed 10.00 rm i thcum nortlrrly to the tsw p" Of yW
FlOomies~a0*seeot the Boeth b1M.S( sleett 'BetnE know ss tAi DvatA 411.56 f►et admroot
: 11. ~eto~d adeltloa to iRlfLt Il(vet Villq xooe 111tlgt sClOedlDg to tY►
j ev
"got NeO pLt tA~reor. !'o~elher vltn on a.e.eot im ryd onr the Rafft b Y
' fset,230 1eet ot t1tft portton of Mfd lhet 6=. L1tuR aortbstly ot wt0
. - u. :~...t,
J~ T4lo derl to {lveo in fulrilLeot ot alt !6e tecsis and COOiltlpOf Ot ShOL efKpiY 'ANI
Ctst~te Contrret^ d.cea the tce aey ot J017, 1969. btveea JoseDL [ach *n4 Altce E. Yeeh,
C h!~ vlfe. a. Iellm, ana Rooold S. 8tein, s olnRLe an ea ~ e
~ 17 Derl red Beller'o MNtR~t o[ Ra1 Cstate Ceotsset~a OeSoLar,B,~ 1979 to 0►tu~.
I Meeln, so0 !o a Ysrnotp so or deh or oro.e reotiwe3 aoots+set.
ne.i a.e.ce ani.e ra pru aoaet? nee.tyo No. s4ori99s
~ 9elles''s /silgaeut'tfideHt Aoo. 9514E0 #ad E$6y'(qi '
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