HomeMy WebLinkAbout01-07-2013CITY OF
U ]RN
WASHINGTON
To: Public Works Committee
From: Dennis Dowdy, Public Works Director
CC: Mayor
City Clerk
Dennis Seile, City Engineer /Assistant Director
Ingrid Gaub, Assistant City Engineer
Memorandum
Engineering Division
Date: January 7, 2013
Re: Agenda Modification for the January 7, 2013 Meeting - REVISED
This modification replaces the modification sent earlier today and adds the following
agenda item(s):
Ill. DISCUSSION ITEMS
C. Draft Interlocal Agreement — King County Reddington Levee Project (Dowdy)
This item is Deleted.
G. Ordinance No. 6450, Orion Industries Rezone (Chamberlain)
Rezone from P -1, Public Use District, to C -3, Heavy Commercial, for parcel number
00008000022 and contract rezone relinquishment for parcel number 0000800026.
DRDIig
Page 1 of 1
AUBURN* MORE THAN YOU IMAGINED
CITY OF -_ -
AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6450 REZ12 -0007 — Orion Industries
Date: January 7, 2013
Rezone
Department: Planning and
Attachments: Ordinance No. 6450
Budget Impact: NIA
Development
and See Exhibit List
Administrative Recommendation: Discussion only.
Background Summary:
OWNER/
APPLICANT: Latitude Development LLC, Attention: Dave Kessler, PO Box 817 Auburn, WA 98071
REQUEST: Change in zoning of a portion of one parcel (Parcel Number 0000800022) from P -1,
Public Use District, to C -3, Heavy Commercial and relinquish a contract rezone for Parcel Number
0000800026.
LOCATION: The property is located at 1580 A Street NE, Auburn, WA 98002 Parcel Numbers:
0000800022 and 0000800026
EXISTING
LAND USE: Park and Ride Facility and Vacant Land
COMPREHENSIVE
PLAN DESIGNATION: Heavy Commercial for both parcels
SEPA STATUS:A MDNS was issued on December 4, 2012 for the development including the rezone
requests.
** The exhibits are in your council packet agenda modification.
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
® Building ❑ M &O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CI]
M Fire M Planning
❑ Park Board ❑ Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until �1 1
Tabled Until ,1 1
Councilmember: Backus
Staff: Snyder
Meeting Date: January 7, 2013
Item Number-
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6450 REZ12 -0007 — Orion Industries Date: January 7, 2013
Rezone
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are (See Exhibit A for tho I anri I NP AAAn)-
Zoning Map
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Page 2 of 6
Comprehensive Plan
Zoning
Land Use
Project Site
Heavy Commercial
P -1, Public Use District and
Park and Ride and Vacant
C -3, Heavy Commercial
North
Public /Quasi Public
Landing Field
Auburn Airport and Vacant
Land
South
Public /Quasi Public and
P-1, Public Use District and
Parking and Ride directly
Heavy Commercial
C -3, Heavy Commercial
south and commercial
development south of 15th
Street NE
East
Public /Quasi Public
LF, Landing Field, and P -1,
Auburn Airport and Vacant
Public Use District
Land, Park & Ride
Zoning Map
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Page 2 of 6
t•,. killi.•r..f
2 Zoning
Cl Light Commercial District
L'C2 Central Business District
■ C3 Heavy Commercial District
CN Neighborhood Shopping District
QDVC Downtown Urban Center
r EP Environmental Park District
I Institutional Use District
Lakeland Hills south PUD
El LF Airport Landing Field District
F:1 I'll Light Industrial District
El M2 Heavy Industrial District
0 P1 Public Use District
■ PUD Planned Unit Development
Rl Residential I DUTACre
R5 Residential 5 DU /Acre
R7 Residential 7 DU /Acre
DRIO Residential 10 DU /Acre
R20 Residential 20 DU /Acre
I-] RC Residential Conservancy
■RMHC Residential Manufactured /Mobile Home Units
im RO Residential OFFice District
■RO -H Residential Once District (Hospital)
MTV Terrace View
UtVC Unclassified Use District
Contract Rezone Area:
P,
.b
�n
t•,. killi.•r..f
2 Zoning
Cl Light Commercial District
L'C2 Central Business District
■ C3 Heavy Commercial District
CN Neighborhood Shopping District
QDVC Downtown Urban Center
r EP Environmental Park District
I Institutional Use District
Lakeland Hills south PUD
El LF Airport Landing Field District
F:1 I'll Light Industrial District
El M2 Heavy Industrial District
0 P1 Public Use District
■ PUD Planned Unit Development
Rl Residential I DUTACre
R5 Residential 5 DU /Acre
R7 Residential 7 DU /Acre
DRIO Residential 10 DU /Acre
R20 Residential 20 DU /Acre
I-] RC Residential Conservancy
■RMHC Residential Manufactured /Mobile Home Units
im RO Residential OFFice District
■RO -H Residential Once District (Hospital)
MTV Terrace View
UtVC Unclassified Use District
Agenda Subject: Ordinance No. 6450 REZ12 -0007 — Orion Industries Date: January 7, 2013
Rezone
FINDINGS OF FACT:
1. Latitude Development, LLC has applied for a rezone from P -1, Public Use District, to C -3, Heavy
Commercial, for property located at 1580 A Street NE, Auburn, WA; Parcel Number 0000800022.
The application also includes a contract rezone relinquishment for Parcel Number 0000800026.
2. The rezone site at 1580 A Street NE is approximately 51,061 square feet in size proposed for the
rezone from P -1 to C -3 and contains an existing King County Metro Park & Ride facility. The
parcel involved in the contract rezone relinquishment is 119,817 square feet. The entire project
site to be developed is approximately 285,735 square feet.
3. The land use designation on the Comprehensive Plan Land Use Map, which is adopted as part of
the Comprehensive Plan, for the subject properties is Heavy Commercial. The land use
designation of the southern portion (where the Park & Ride is located) of Parcel Number
0000800022 was changed from Public /Quasi- Public to Heavy Commercial as part of the 2008
Annual Comprehensive Plan Amendments; adopted by Ordinance No, 6212.
4. The rezone request also includes a relinquishment of a contract rezone approved on September
4, 1990 via Ordinance No. 4456 for Parcel Number 0000800026 (Exhibit 10). The contract
rezone changed the zone of Parcel Number 0000800026 (plus three others) from M -1, Light
Industrial, to C -3, Heavy Commercial, but limited the type of uses that could be developed. The
applicant requests that all the uses outlined in Auburn City Code (ACC) Chapter 18.33 be
available to the subject property.
5. Parcel Number 0000800022 is currently owned by King County Metro. Ordinance No. 17439 to
approve the sale of the property to the City of Auburn has been approved by the King County
Council on October 29, 2012 and the City of Auburn City Council on November 5, 2012, by
Resolution No. 4877, approved the purchase of Parcel Number 0000800022, and Resolution No.
4878 approved the sale to Orion Industries. (Exhibit 11).
6. The applicant filed an environmental checklist that addressed the proposed rezone along with the
development proposal for the site (Exhibit 6). The applicant proposes to construct an 108,250
square foot single story building that includes manufacturing and warehouse space, mezzanine
space, and office. The facility may be constructed in two phases. The tenant will provide
manufacturing of small metal parts for aircraft.
7. A Street NE is designated a minor arterial road pursuant to the City's Functional Roadway
Classification map (Figure 2 -1) in the City's Comprehensive Transportation Plan.
The C -3, Heavy Commercial, zoning district permits manufacturing uses with warehousing as a
secondary use (see ACC 18.30.020.GGG). The City recently amended the regulations affecting
the C-3, Heavy Commercial, zone through Ordinance No. 6433 passed by the City Council on
November 5, 2012 and effective November 12, 2012. The applicant's application was determined
complete as of the submittal date of November 1, 2012 and is vested to the C -3, Heavy
Commercial, regulations prior to code amendment (Exhibit 12).
The intent of the C -3 zone is:
"The intent and objective of the C -3 district classification and its application is to provide
for the location of and grouping of enterprises which may involve some on- premises retail
service but with outside activities and display or fabrication, assembling, and service
features. This zone is intended to accommodate uses which are oriented to automobiles
Page 3 of 6
Agenda Subject: Ordinance No. 6450 REZ12 -0007 — Orion Industries Date: January 7, 2013
Rezone
either as the mode or target or producing the commercial service. The uses enumerated
in this classification are considered as having common or similar performance standards
in that they are heavier in type than those uses permitted in the more restrictive
commercial classifications."
9. The C -3 zone development standards including setbacks and lot requirements are contained in
ACC 18.30.040.
10. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the
planning director prior to the scheduling of a public hearing. After review of the application, the
director shall determine which of the following two processes should occur to properly hear the
rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall
conduct a public hearing on the rezone and make a recommendation to the city council
pursuant to ACC 18.66.170.
b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate
to the rezone, or the policies are not complete, then a comprehensive plan amendment
must be approved by the city council prior to the rezone being scheduled for a public
hearing in front of the hearing examiner. The planning commission shall conduct a public
hearing on the comprehensive plan amendment and make a recommendation to the city
council.
This application is consistent with the comprehensive plan, as outlined below in the conclusions,
and will follow the process outlined in "a ".
11. On December 4, 2012, the SEPA Responsible Official issued a Mitigated Determination of Non -
Significance (MDNS) for the proposed development, including the rezone from P -1, Public Use
District, to C -3, Heavy Commercial, and the contract rezone relinquishment. The City received
one comment letter from MIT, related to the development proposal not the rezone, by the
comment period deadline of December 19, 2012 (Exhibit 13), and no appeals filed as of the
writing of this report. The appeal period ends January 2, 2013 (Exhibit 5).
12. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the
public hearing and in accordance with ACC 14.07.040. The public hearing notice was published
in the Seattle Times on December 19, 2012, provided to the property owners within 300 feet of
the subject site, posted on the subject property meeting this requirement, and posted on the
City's website (Exhibit 7).
13. The City Council changed their role in quasi- judicial approvals giving that authority to Hearing
Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still
the decision maker on rezones with the Hearing Examiner making a recommendation on the
proposal.
14. Hearing Examiner held the public hearing on January 2, 2013, took public testimony, and entered
exhibits into the record. The Hearing Examiner issued a recommendation for approval on
January 3, 2013.
CONCLUSIONS:
ACC Chapter 18.68 provides certain criteria for approval of a rezone:
Page 4 of 6
Agenda Subject: Ordinance No. 6450 REZ12 -0007 — Orion Industries Date: January 7, 2013
Rezone
1. The rezone must be consistent with the Comprehensive Plan.
Comment
Policy GP -8: Auburn designates 15'h Street NWINE and 15th Street SW as activity areas as defined
in the King County Countywide Planning Policies.
Policy GP -16: Contract rezoning can be used to manage the transition between existing uses and
future uses. Contract rezoning allows new uses to be conditioned in a manner which controls
potential conflicts during such transition. Contract zoning may be particularly useful as a timing
device to ensure that the necessary public facilities are available to support new development.
Policy L.U-120: Identify areas for commercial infill development and focus street and utility systems
improvements to facilitate their development.
Policy ED -1: City promotion of new industry shall be directed at attracting business that diversifies
the City's tax base, offers secure, quality employment opportunities, is sensitive to community values,
and promotes the development of attractive facilities.
Chapter 14 — Comprehensive Plan Map
Heavy Commercial
Purpose: To provide automobile oriented commercial areas to meet both the local and regional need
for such services.
Description: This category is intended to accommodate uses which are oriented to automobiles
either as the mode or target of providing the commercial service. The category would also
accommodate a wide range of heavier commercial uses involving extensive storage or heavy
vehicular movement.
Compatible Uses: A wide variety of commercial services oriented to automobiles are appropriate
within this category. This includes automobile sales and service, drive in restaurant or other drive in
commercial business, convenience stores, etc. Since these uses are also compatible with heavier
commercial uses, lumber yards, small scale warehousing, contractor yards and similar heavy
commercial uses are appropriate in this designation.
The proposed rezone is consistent with the City's Comprehensive Plan as the land use designation of
the subject property is Heavy Commercial and the rezone request, from P -1, Public Use District, to C-
3, Heavy Commercial, brings the zoning consistent with the land use designation.
The contract rezone relinquishment request is consistent with the Comprehensive Plan as the
contract rezone is no longer serving a transition area. The subject properties are located in a
developed area with commercial/industrial development to the north, west, south, and east. There
are adequate public facilities such as a 12 inch water main and 15 inch sewer main in A Street NE
and Park & Ride facility that will be utilized by approximately 40% of the Orion Industries workforce.
The contract rezone, which was adopted September 4, 1990, is no longer needed as the proposed
project is infill development not development within a transition area.
The proposed development of the property is infill development taking vacant property that is
surrounded by and in the vicinity of existing commercial/industrial development to the north, west,
south, and east. Orion Industries manufactures small parts for aircraft, provides training opportunities
for its workforce, and is bringing 265 jobs to Auburn implementing the goals of the Comprehensive
Plan by bringing quality employment opportunities to the City.
Page 5 of 6
Agenda Subject: Ordinance No. 6450 REZ12 -0007 — Orion Industries Date: January 7, 2013
Rezone
2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner
to consider the request.
Comment
The rezone has been initiated by someone other than the City. The request has been initiated by
Latitude Development, LLC, who is the developer for the project.
3. Any changes or modifications to a rezone request made by either the Hearing Examiner or
City Council will not result in a more intense zone than the one requested.
Comment
The requested rezone change, from P -1, Public Use District, to C -3, Heavy Commercial, will not
result in a more intense zone than what is requested.
HEARING EXAMINER'S RECOMMENDATION
Approval with no conditions of approval.
STAFF'S RECOMMENDATION ...... .
Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends
that the Hearing Examiner recommend to the City Council approval of the rezone with the following
condition of approval:
1. The rezone request shall not become effective until the property transactions between King
County, the City of Auburn, and Orion Industries have closed.
EXHIBIT LIST
Exhibit 1 Staff Report to the Hearing Examiner
Exhibit 2 Vicinity Map
Exhibit 3 Application
Exhibit 4 Site Plan
Exhibit 5 Combined Notice of Application and Mitigated Determination of Non- Significance with
affidavits
Exhibit 6 Environmental Checklist and Final Staff Evaluation
Exhibit 7 Public Hearing Notice with affidavits
Exhibit 8 Aerial Photograph
Exhibit 9 Land Use Map
Exhibit 10 Ordinance No. 4456 -- Contract Rezone
Exhibit 11 King County Ordinance No. 17439, City of Auburn Resolution Nos. 4877 and 4878
Exhibit 12 Auburn City Code Chapter 18.30 C -3 Heavy Commercial Zone
Exhibit 13 MIT comment letter and City's response
Exhibit 14 Hearing Examiner Recommendation
Page 6 of 6
ORDINANCE NO. 6 4 5 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE REQUEST OF
ORION INDUSTRIES FOR A REZONE FROM P -1, PUBLIC
USE DISTRICT TO C -3, HEAVY COMMERCIAL AND FOR
RECISION OF A CONTRACT REZONE TO IMPLEMENT THE
COMPREHENSIVE PLAN AND AMENDING THE CITY'S
ZONING MAPS ACCORDINGLY
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
WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by
Ordinance No. 4788; and
WHEREAS, Latitude Development LLC, the applicant, submitted an application
on behalf of Orion Industries, on November 29, 2012, for for a rezone of tax parcel
number 0000800022, and for recision of the contract rezone for tax parcel number
0000800026;and
WHEREAS, the Auburn City Council approved a contract rezone on September
4, 1990 via Ordinance No. 4456 which changed tax parcel number 0000800026 (along
with other property) from M -1, Light Industrial, to C -3, Heavy Commercial, but limited
the type of uses that could be developed; and
Ordinance No. 6450
January 7, 2013
Page 1
WHEREAS, the environmental impacts of the proposed rezone were considered
in accordance with procedures of the State Environmental Policy Act with a Mitigated
Determination of Non - Significance issued on December 4, 2012; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on
January 2, 2013 conducted a public hearing on the proposed Orion Industries Rezone;
and
WHEREAS, at the public hearing, the City of Auburn Hearing Examiner heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the City of Auburn Hearing Examiner made a
recommendation to the City Council on the proposed Orion Industries Rezone on
January 3, 2013; and
WHEREAS, on January 7, 2013, the Auburn City Council considered the
proposed Orion Industries Rezone as recommended by the City of Auburn Hearing
Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council ( "Council) adopts and approves the request of
Latitude Development LLC 1 Orion Industries for a rezone from P -1, Public Use District,
to C -3, Heavy Commercial, for tax parcel number 000800022, the legal description of
which parcel is set forth in Exhibit "A" hereto, and for rescission of a contract rezone per
Ordinance No. 4456 only as to the property identified as tax parcel number
Ordinance No. 6450
January 7, 2013
Page 2
0000800026 the legal description of which parcel is set forth in Exhibit "B" hereto, to
allow all the uses in the C -3, Heavy Commercial, zone to be available for development.
Section 2. The Zoning Map amendment is herewith designated as a basis for
the exercise of substantive authority under the Washington State Environmental Policy
Act by the City's responsible environmental official in accordance with RCW
43.21C.060.
Section 3. The Council adopts the Hearing Examiner's Findings of Fact and
Conclusions of Law, and adopts the Hearing Examiner's Recommendation, as set forth
below:
HEARING EXAMINER'S FINDINGS OF FACT
Procedural:
1. Applicant. The Applicant is Latitude Development, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application
at 5:30 p.m. at the City Council chambers at Auburn City Hall Annex on January 2,
2013.
Substantive:
3. Site /Proposal Description. The Applicant has requested a rezone from
P--1, Public Use District, to C-3, Heavy Commercial, for property located at 1 580 A
Street NE, Auburn, WA; within Parcel Number 0000800022. The application also
includes a request for rescission of the contract rezone for Parcel Number
0000800026. The rezone site at 1580 A Street NE is approximately 51,061 square
feet in size and contains an existing King County Metro Park & Ride facility. The
parcel involved in the contract rezone recision is 119,817 square feet. The entire
project site to be developed is approximately 285,735 square feet.
4. Characteristics of the Area. The rezone and contract zone parcels are
located in an area predominated by areas designated as Heavy Commercial in the
City's comprehensive plan. However, immediately adjoining the property to the east
and north is a landing field and immediately adjoining the parcels to the south is a
park and ride, with both uses designated as Public /Quasi Public in the
Ordinance No. 6450
January 7, 2013
Page 3
comprehensive plan. The remaining properties in the vicinity are designated and
used for Heavy Commercial purposes.
5. Adverse Impacts. There are no significant adverse impacts associated
with the proposal. Compatibility with adjoining land uses is the only issue of concern
at this stage of project review. The proposed rezone is consistent and compatible
with the predominant heavy commercial use and zoning /comprehensive plan
designations of the vicinity. Immediately adjoining uses are a landing field and park
and ride, but there is nothing in the record to suggest that this part of the City will be
in any need of additional public uses or that the proposal will be incompatible' with
these uses.
6. Change in Circumstances. According to the staff report, the contract
rezone at issue was adopted in 1990 in order to limit uses so that they are
compatible for an area that served as a transition area to other uses. The contract
rezone required the submission of a master plan and the limitation of most uses to
within buildings. Since 1990 the surrounding area has been fully developed to
predominantly heavy commercial use as determined in Finding of Fact No. 4. The
parcels subject to this rezone request are no longer within a transition zone but are
rather within an infill area. Consequently, the restrictions of the contract rezone are
no longer necessary as the full range of uses permitted in the C3 zone are
compatible with surrounding heavy commercial use.
HEARING EXAMINER'S CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing ,Examiner. ACC 18.68.030(B)(1)(a) grants the
Hearing Examiner with the authority to review and make a recommendation on
rezone requests to the City Council if the planning director determines that the
rezone requests are consistent with the comprehensive plan. The planning director
has determined that the rezone request is consistent with the comprehensive plan.
The Comprehensive Plan Land Use Map designation for the subject property is
Heavy Commercial, which is consistent with the requested C3 zoning map
designation.
Substantive:
2. Comprehensive Plan and Zoning Designation. The Comprehensive Plan
Land Use Map designations for the both the parcel subject to the rezone request
and recision of the contract rezone is C3. The zoning designation for the parcel
1 Building and structural height issues are always a concern with uses adjoining landing fields, but
these issues should be adequately addressed by FAA regulations.
Ordinance No. 6450
January 7, 2013
Page 4
subject to the rezone is P -1 and the zoning for the contract rezone area is C3 with
contract land use restrictions.
3. Case Law Review Criteria and Ap licp atop_ . The Auburn City Code does
not include any criteria for rezone applications. Washington appellate courts have
imposed some rezone criteria, requiring that the proponents of a rezone must
establish that conditions have substantially changed since the original showing and
that the rezone must bear a substantial relationship to the public health, safety,
morals or welfare. See Ahmann- Yamane, LLC v. Tabler, 105 Wn. App. 103, 111
(2001). If a rezone implements the Comprehensive Plan, a showing that a change
of circumstances has occurred is not required. Id. at 112.
The proposed rezone from P1 to C3 clearly meets the judicial criteria for a
rezone. There is no question that the proposal is necessary to implement the
comprehensive plan, as the Comprehensive Land Use Map designation for the
property is currently Heavy Commercial and the current P1 zoning is inconsistent
with that designation. In point of fact, the rezone is mandated by RCW 36.70A.120,
which requires a city to "perform its activities" in conformity to its comprehensive
plan. The only other zoning designation consistent with the Heavy Commercial
designation is C4, which primarily differs from C3 by allowing residential in addition
to commercial use. There is no compelling reason to zone the property C4 as
opposed to C3. The proposed rezone is also consistent with comprehensive plan
policies as outlined at p. 4 -5 of the staff report.
A change of circumstances justifies the recision of the contract rezone for the
reasons specified in Finding of Fact No. 6. The recision is consistent with the City's
comprehensive plan as outlined at p. 4 -5 of the staff report.
The rezone bears a substantial relationship to the public health, safety, morals
and welfare because it will not result in any significant adverse impacts as
determined in Finding of Fact No. 5 while at the same time furthering economic
development in the City of Auburn as encouraged by the City's comprehensive plan.
HEARING EXAMINER'S RECOMMENDATION
The Hearing Examiner recommends approval of REZ12 -0007.
Section 4. Upon the passage, approval, and publication of this Ordinance as
provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be
recorded in the office of the King County Recorder.
Ordinance No. 6450
January 7, 2013
Page 5
Section 5, If any section, subsection, sentence, clause, phrase or portion of
this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason
held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions thereof.
Section 6. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 7. This Ordinance shall take effect and be in force five days from and
after its adoption, and publication as provided by law, and upon closing of the sale and
conveyance of the property from King County to the City of Auburn and/or Orion
Industries.
INTRODUCED:
PASSED:
ATTEST: Peter B. Lewis
MAYOR
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
Published:
Ordinance No. 6450
January 7, 2013
Page 6
EXHIBIT A
Legal Description of Property
THAT PORTION OF THE SOUTH HALF OF JOSEPH BRANNAN DONATION LAND CLAIM
NO. 38. SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M.; AND THE EAST HALF OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 4
EAST, W.M., IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 3 INCH DIAMETER BRASS DISK IN CONCRETE, IN CASE, MARKING
THE CENTERLINE RIGHT -OF -WAY OF 15TH STREET NE. WITH THE CENTERLINE
RIGHT -OF -WAY OF 'D' STREET N.E. AS SHOWN ON RECORD OF SURVEY, RECORDING
NUMBER 7701179008, RECORDS OF SAID COUNTY, FROM WHICH, A 3 INCH DIAMETER
BRASS DISK IN CONCRETE, IN CASE, MARKING THE CENTERLINE RIGHT -OF -WAY OF
SAID 15TH STREET N.E. WITH THE CENTERLINE RIGHT -OF -WAY OF `A' STREET N.E.,
BEARS NORTH 89 °30'04" WEST, 980.32 FEET; THENCE ALONG THE CENTERLINE OF
SAID `D' STREET N.E., NORTH 00 0'41'08" EAST, 360.38 FEET TO A 1% INCH DIAMETER
BRASS SURFACE MONUMENT; ... .
THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00 °41'08" EAST, 130,42 FEET
TO THE SOUTH LINE OF AUBURN MUNICIPAL AIRPORT AS SHOWN ON SAID SURVEY;
THENCE ALONG SAID SOUTH LINE NORTH 89 °04'44" WEST, 691.73 FEET TO THE
SOUTHWEST CORNER OF SAID AIRPORT PROPERTY AND THE TRUE POINT OF
BEGINNING;
THENCE ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID AIRPORT
PROPERTY SOUTH 00 039'48" WEST, 143.93 FEET;
THENCE SOUTH 89 030'49" EAST 40.36 FEET;
THENCE SOUTH 00 030'04" WEST, 170.04 FEET;
THENCE NORTH 89 042'06" WEST, 299.66 FEET TO THE EAST MARGIN OF `A' STREET
N.E.;
THENCE ALONG SAID MARGIN NORTH 00 039'20" EAST, 614.85 FEET TO THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS SHOWN ON SAID
RECORD OF SURVEY;
THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 8930'04" EAST, 258.89 FEET
TO THE
WEST LINE OF SAID AIRPORT PROPERTY; THENCE ALONG SAID WEST LINE SOUTH
00 0'39'48" WEST 299.84 FEET TO THE TRUE POINT OF BEGINNING.
King County tax parcel number 000800022
Ordinance No. 6450
January 7, 2013
Page 7
Exhibit B
Legal Description of property
LOT A, OF CITY OF AUBURN SHORT PLAT NO. 005 -90 RECORDED UNDER RECORDING
NO. 9007091058, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE
COUNTY OF KING, STATE OF WASHINGTON.
King County tax parcel number 0000800026
Rescission of the contract rezone applied only to Lot A of the above Short Plat. Per
Ordinance No. 4456, the above described parcel was a part of the property to which the
contract rezone originally applied, the full description of which is as follows:
THAT PORTION OF THE SOUTH HALF OF THE JOSEPH BRANNON DONATION LAND
CLAIM NO. 38, SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 21 NORTH,
RANGE 5 EAST, WM.; AND THE EAST HALF OF SECTION 12, TOWNSHIP 21 NORTH,
RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST MARGIN OF "B" STREET
NORTHWEST WITH THE NORTH LINE OF SAID SOUTH HALF OF SAID DONATION LAND
CLAIM; THENCE S 89 °06'OL" E, ALONG SAID NORTH LINE, A DISTANCE OF 1,090.76
FEET, TO A POINT 1,510.00 FEET WEST OF THE EAST LINE OF SAID DONATION LAND
CLAIM;
THENCE S 00 042'32" W, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 329.70 FEET,
TO THE NORTH LINE OF A PARCEL BELONGING TO "METRO PARK AND RIDE ";
THENCE N 89 029'03" W, ALONG SAID NORTH LINE, A DISTANCE OF 258.55 FEET, TO A
POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EAST MARGIN
OF "A" STREET NORTHWEST;
THENCE S 00 °40'40" W ALONG SAID PROJECTION, A DISTANCE OF 268.43 FEET, TO
SAID MARGIN;
THENCE NORTHWESTERLY ALONG SAID EAST MARGIN OF "A" STREET NORTHWEST
AND CHANGING INTO
THE NORTHERLY MARGIN OF 16TH STREET NORTHWEST, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 330.04 FEET, A CENTRAL ANGLE OF 89 °45'30 ", AN ARC
LENGTH OF 517.03 FEET AND A CHORD WHICH BEARS N 44 012'02" W, 465.77 FEET;
THENCE N 89 °04'50" W, ALONG SAID NORTHERLY MARGIN OF 16TH STREET
NORTHWEST, A DISTANCE OF 476.63 FEET; THENCE N 44 011'08" W, A DISTANCE OF
38.13 FEET, TO THE EAST MARGIN OF SAID "B" STREET NORTHWEST; THENCE N
00 042'35" E ALONG SAID MARGIN, A DISTANCE OF 244.01 FEET, TO THE POINT OF
BEGINNING.
Ordinance No. 6450
January 7, 2013
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