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HomeMy WebLinkAbout6640 ORDINANCE NO. 6 6 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF ROMART INVESTMENTS, LLC FOR REZONING OF ONE PARCEL TOTALING APPROXIMATELY 2.27 ACRES LOCATED AT THE NORTHWEST CORNER OF 182ND AVE E AND LAKE TAPPS PARKWAY E FROM R5, RESIDENTIAL TO C1, LIGHT COMMERCIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, Vernon E. Mahrt, Managing Member for Romart Investments LLC, the Applicant, submitted a rezone application on behalf of the Romart Investments LLC (File Ordinance No. 6640 February 21, 2017 Page 1 #REZ14-0001) for the Romart Investments LLC rezone on June 5 , 2014, for one parcel identified by Pierce County, Washington, tax parcel number 0520051045; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; 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 18, 2017 conducted a public hearing on the proposed Romart Investments, LLC 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 Romart Investments, LLC Rezone; and WHEREAS, on, February 27, 2017, the Auburn City Council at a study session reviewed the proposed Romart Investments, LLC Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on, March 6, 2017, the Auburn City Council considered the proposed Romart Investments, LLC 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: Ordinance No. 6640 February 21, 2017 Page 2 Section 1. The City Council ("Council") adopts and approves the Romart Investments, LLC Rezone to change one parcel totaling approximately 2.27 acres located at the northwest corner of the intersection of 182nd Avenue East and Lake Tapps Parkway from "R5, Residential", to "Cl, Light Commercial" and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. 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 (SEPA) by the City's responsible environmental official in accordance with RCW 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Vernon E. Mahrt of Romart Investments, LLC. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 2.27 acres from R5 to Cl. The site is composed of one parcel. The site is located at the northwest intersection of 182nd Ave East and Lake Tapps Parkway E. The underlying comprehensive plan land use map designation was amended to "Light Commercial" by ordinance adopted on December 5, 2016. Ordinance No. 6640 February 21, 2017 Page 3 The project site is undeveloped. The purpose of the rezone is to develop the site with a commercial use similar to what is in the surrounding area. The site is heavily vegetated, with a known wetland located near the northwest property lines. 4. Characteristics of the Area. The rezone area is surrounded by land zoned residential to the north, south, and west. The area across the street to the east is located in Unincorporated Pierce County and is developed with a gas station and commercial strip. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. A Mitigated Determination of Environmental Non-Significance (MDNS) was issued as part of the project in order to mitigate any impacts that may have resulted from the project. Specifically, requirements to move the proposed driveway locations as far north as practical from the intersection while minimizing impacts to nearby wetlands were noted. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC I8.68.030(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. Substantive: 2. Comprehensive Plan.Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Light Commercial". 3. Case Law Review Criteria and Application. 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 R5 to C1 clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, Ordinance No. 6640 February 21, 2017 Page 4 as the comprehensive plan land use map designation for the property is currently "Light Commercial". The only remaining issue is whether any conditions should be placed on the rezone. As previously noted, mitigation measures were placed on the rezone through the SEPA process. Given that the mitigation measures are minor and will ensure that there are no impacts to a nearby wetland and will ensure increased traffic safety, the mitigation measures were recommended as conditions of approval by the Hearing Examiner. 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 allowing for additional commercial options to Auburn residents. DECISION The Hearing Examiner recommends approval of REZ14-0001 with the following one condition: 1. Move the driveway location as far north as practical to maximize the separation from the 9th Street intersection. Ideally, this location would be about 350 feet north of the intersection, such that it was located directly opposite the existing commercial approach on the east side of 182nd Ave East. This location provides the best alternative for safe and efficient site access. It is recognized this driveway location may have impacts to the wetland and or wetland buffer. If these impacts cannot be mitigated to the satisfaction of the jurisdiction, such that the driveway cannot be moved to the suggested location of 350 feet north of the intersection, then a driveway will be conditioned with the following requirements: • The County engineer shall reserve the right to restrict the driveway approach to allow only right-in/right-out movements, such that left turn movements will be prohibited. This may be enforced through signage and or the installation of traffic curbing at the discretion of the County Engineer. (It is anticipated the driveway will initially operate with full turning movement provisions; however, as congestion and or safety issues arise, the turn restrictions may be imposed). • In order to accommodate the potential for the future turn restrictions, as well as to improve the safety of the driveway, the project shall provide roadway illumination along 182nd Ave East, extending from luminaries located at the signalized intersection to approximately 350 feet north of the intersection. This Ordinance No. 6640 February 21, 2017 Page 5 illumination shall be designed in accordance with requirements of the County Engineer to be provided at the time of the illumination system design. 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. 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 passage, approval, and publication as provided by law. INTRODUCED: MAR - S 2017 PASSED: MAR - 6 2017 APPROVED: MAR - 6 2017 )\AresX\ Nancy Back MAYOR Ordinance No. 6640 February 21, 2017 Page 6 ATTEST: � FLL_ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: AA. AO �_ �J D'4or-1 B. Heid, City Attorney Published: ` 7CNoLI..0-\,-\__c\ \a Ordinance No. 6640 February 21, 2017 Page 7