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HomeMy WebLinkAbout5893 , Return Address: Auburn City Clerk City of Auburn 25 West Main Sl. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Rezone (Ordinance 5893) Reference Number(s) of Documents assigned or released: OAdditional raference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN ~I-\O PN~\ -\.,...r;;1.,3o<;"\ Grantee/Assignee/Beneficiary: (Last name first) Wheeler, Nan Said document(sl_ f1Ied for rlIQlftI by PaciIlc Nolthwe&t TIlte . 1Il100lhmodBtion only. ~ has not been 8lCamined as to plt)per extlCUllon or . . Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 1 in Block 3 of Ryan Addition to Auburn IS! Additional legal is on page 9 of document. Assessor's Property Tax Parcel/Account Number 746890-0150 o Assessor Tax # not yet assigned ORDINANCE NO. 58 9 3 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE REQUEST TO REZONE TAX PARCEL 746890-0150 FROM SINGLE FAMILY RESIDENTIAL (R-2) TO HEAVY COMMERCIAL (C-3). WHEREAS, Application No. REZ04-0007, dated October 28, 2004, has been submitted to the City of Auburn, Washington, by Nan Wheeler (Owner/Applicant) on behalf of Les Schwab Tire Centers, requesting an approval to rezone tax parcel 746890-0150 from Single Family Residential (R- 2) to Heavy Commercial (C-3); and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on January 19, 2005, of which the Hearing Examiner recommended approval of the Rezone and Conditional Use Permit on January 25, 2005; and WHEREAS, the City Council, on February 7, 2005, considered said request and affirmed the Hearing Examiner's recommendation to approve the rezone based upon the following Findings of Fact and Conclusions, to-wit: Ordinance 5893 January 27, 2005 Page 1 FINDINGS OF FACT 1. The Applicant requests a rezone of tax parcel 746890-0150 from Single Family Residential (R-2) to Heavy Commercial (C-3). The 8,227-square foot parcel is located at the southeast corner of "E" Street SE and Auburn Way South in Auburn, Washington. The street address is 902 "E" Street SE. Exhibit 1, pages 1-2; Exhibits 2 & 3. 2. The subject property is developed with a single-family residence that is vacant and deteriorating. Surrounding land uses include a Dairy Queen restaurant to the north, a Les Schwab Tire Center to the east, the Royal College and Medical Center to the west and a single-family residence to the south. Exhibit 1, page 2; Exhibit 9; Testimony of Mr. Gibson. 3. The City of Auburn Comprehensive Plan designation of the subject property and surrounding properties to the north, east and west (all of which are on the Auburn Way South corridor) is Heavy Commercial. Although the surrounding properties to the north, east and west are zoned C-3, the subject property is zoned R-2. The subject property is the only non-commercially zoned property fronting Auburn Way South between SR-18 and "R" Street SE. Exhibit 1, page 2. 4. The subject property is at the north end of a residential neighborhood. The parcel to the south of the subject property has a Comprehensive Plan designation of Low Density Residential and a zoning designation of R-2. Exhibit 1, page 2; Exhibit 9. 5. The purpose of the C-3 zone 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." The zone "is intended to accommodate uses which are oriented to automobiles either as the mode or target or producing the commercial service." ACe 18.30.010; Exhibit 1, page 3. 6. The requested rezone would facilitate use of the subject property by Les Schwab Tire Center for additional parking. Pending street improvement projects on Auburn Way South, including installation of a traffic signal at "F" Street SE and construction of a new driveway access, would restrict Ordinance 5893 January 27, 2005 Page 2 the amount of parking available on the current Les Schwab site. Although additional parking is contemplated by the rezone application, no specific project is proposed at this time. Exhibit 1, page 2; Exhibit 3; Testimony of Mr. Gibson. 7. The Auburn City Code (ACC) contains landscaping standards that would mitigate the effect of locating a C-3 land use adjacent to a single-family residence. ACC 18.50.040(E) requires a minimum ten-foot wide strip of Type II landscaping (i.e., visual separation) in areas where a C-3 zone abuts an R-2 zone. Type II landscaping consists of evergreen and no more than 50% deciduous trees planted 20 feet on center, shrubs planted three feet on center, and groundcover. Exhibit 1, page 3. 8. The City of Auburn acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Determination of Nonsignificance (DNS) on December 22, 2004. Exhibit 1, page 3. 9. Notice of the rezone application was provided to the Washington State Department of Community, Trade and Economic Development and other state agencies on November 19, 2004. No comments have been received from any state agency. Exhibit 1, page 3. 10. Notice of the open record hearing was mailed to properties within 300 feet of the site on January 4, 2005; posted on the subject property on January 5, 2005; and published in King County Journa/ on January 5, 2005. Exhibits 5, 6, 7 & 8. There was no public comment on the application. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on rezone applications pursuant to RCW 35.63.170 and ACC 18.68.130. Criteria for Review For a rezone application to be approved, the Applicant must show the following: Ordinance 5893 January 27, 2005 Page 3 1. The rezone is consistent with the Comprehensive Plan; 2. The rezone was initiated by someone other than the City; and 3. Changes or modifications to the rezone by the Hearing Examiner or City Council will not result in a more intense zone than the one requested. ACC 18.68.030 and 18.68.050. In addition to the criteria set forth in the Auburn City Code, the rezone application must be consistent with state law. In the decision Parkridge v. Seattle, 89 Wn.2d 454 (1978), the Washington Supreme Court identified the following general criteria for rezone approval: 1. There is no presumption of validity favoring the action or rezoning; 2. The proponents of the rezone have the burden of proof in demonstrating that conditions have changed since the original zoning; 3. The rezone must bear a substantial relationship to the public health, safety, morals, or welfare. In more recent decisions the Supreme Court and the Court of Appeals have identified an exception to the second Parkridge criterion that is relevant to this case. In Bjarnson v. Kitsap County, 78 Wash. App. 840, 846 (1995), the court held that "where the proposed rezone ... implements policies of the comprehensive plan, changed circumstances are not required." The court adopted the rationale from the earlier decision Save Our Rural Environment v. Snohomish County that: If such implementation were not allowed to occur until physical or developmental circumstances in the area had changed, the new comprehensive plan might never be fulfilled: if an area is presently undeveloped and newly amended comprehensive plan calls for industrial development, no industrial development may occur until al least one rezone has been granted. Bjarnson, 78 Wash. App. at 846 (quoting Save Our Rural Environment v. Snohomish County, 99 Wash.2d 363, 370 (1983)). Because the City of Auburn criteria for rezone approval require that the rezone be consistent with the Comprehensive Plan, no analysis of changed circumstances is required. Ordinance 5893 January 27, 2005 Page 4 Conclusions Based on FindinQs 1. The proposed rezone is consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject property is Heavy Commercial. The requested C-3 zoning would implement this designation. Finding of Fact NO.3. 2. The City of Auburn did not initiate the proposed rezone. Finding of Fact NO.1. 3. No modification of the proposed rezone is required. The requested C-3 zoning is compatible with the zoning of surrounding properties to the north, east and west and the Comprehensive Plan. The contemplated use of the site is compatible with the C-3 zoning designation and existing uses along the Auburn Way corridor. Findings of Fact Nos. 1, 2, 3, 5 & 6. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. Although the subject property is at the northern end of a residential neighborhood, the residence on the subject property is deteriorating and the area as a whole is characterized by commercial development. The ACC contains landscaping and other standards that would apply to the property once specific commercial activity is proposed. Compliance with these standards would provide screening between the proposed use and the adjoining residential use. It must be emphasized that ample notice of the open record hearing was provided and no comments were received. Environmental review was conducted pursuant to SEPA and a DNS was issued. Findings of Fact Nos. 2, 4, 6, 7,8, 9 & 10. DECISION For each of the above reasons, the Hearing Examiner recommended approval of the Rezone with no conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance 5893 January 27, 2005 Page 5 Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference and the request for approval to rezone tax parcel 746890-0150 legally described in Exhibit "A" from Single Family Residential (R-2) to Heavy Commercial (C-3) is hereby approved. Section 2. Severabilitv. 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 3. Recordina. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor, Division of Records and Elections. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 5893 January 27, 2005 Page 6 Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: FEB - 7 ZOO, FEB - 7 ZOOIt FEe - 7 ZOO, PASSED: APPROVED: - < .--J ""----:;:> 5 PETER B. LEWIS MAYOR ATTEST: .,&S4~~~ Danielle E. Daskam, City Clerk Published: :r~ ':. 1\ 2flT',.r; ", I .-......-- Ordinance 5893 January 27, 2005 Page 7 EXHIBIT "A" Lot 1 in Block 3 of Ryan Addition to Auburn, according to plat recorded June 3, 1953, in volume 51 of plats at pagels) 36, in King County, Washington: Except that portion conveyed to the City of Auburn for street purposes by deed recorded under Recording No. 6218559.