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HomeMy WebLinkAbout6176 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 p?'N??49V?4YU'?VVI.W1'MVAVI'a 008 11211, 1:0 am io a: 12 COUMTY W?SHISIA NGTON RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Rezone (Ordinance No. 6176) Reference Number(s) of Documents assigned or released: ?Additional reference Xs on page _ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Investco Financial Corporation Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 5 Township 20 Range 5 Quarter 33 ® Additional legal is on page 10 of the document. Assessor's Property Tax Parcel/Account Number: 0520053023,0520053022,0520053022,0520053024,0520053018 ? Assessor Tax # not yet assigned , 51 ORDINANCE NO. 6176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A NEWLY ADDED PORTION OF THE LAKELAND HILLS SOUTH PLANNED UNIT DEVELOPMENT TO BE REZONED FROM R-1 SINGLE FAMILY RESIDENTIAL TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT LIGHT COMMERCIAL - LAKELAND HILLS SOUTH SPECIAL PLAN AREA WHEREAS, Application No. REZ08-0001, dated February 1, 2008, was submitted to the City of Auburn, Washington, by Investco Financial Corporation, for approval to rezone approximately 3.79 acres into the PUD as light commercial; and WHEREAS, the site is located southeast of the intersection of Lake Tapps Parkway East, and Lakeland Hills Way SE and the address is 1406 167th Avenue E; and WHEREAS, associated with this rezone, the applicant has also requested to amend the existing Lakeland Hills South Planned Unit Development Boundary via a Major PUD Amendment (MIS08-0005) to include the four parcels subject to this rezone request; and WHEREAS, on March 19, 2008, the Hearing Examiner conducted a duly noticed public hearing on the matter and on April 15, 2008, issued a decision recommending the City Council approve the rezone, without conditions based on the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Investco Financial Corporation. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall in the Council Chambers on March 19, 2008. The record was held Ordinance No. 6176 April 30, 2008 Page 1 open until April 2, 2008. The Hearing Examiner agreed to keep the record open until March 26, 2008 for staff to respond to Exhibit 15, and until April 2, 2008 for the applicant and Mr. Gordon to reply and comment, respectively, to staff's response. Substantive: 3. Site/Proposal Description. A. Proposal. Investco Financial Corporation, LLC has applied for a Rezone and Major PUD Amendment of this area from R-1 Single Family Residential to Planned Unit Development (PUD) District - Lakeland Hills South Special Plan Area. At this time, the applicant does not have a specific development proposed for this area. During the 2007 annual Comprehensive Plan amendment cycle, the applicant sought and was granted an amendment to the Comprehensive Plan Map to change the designation of areas within the PUD (Lakeland Hills Special Plan Area) from Single Family Residential to Light Commercial. The Lakeland Hills Development began in the early 1990s and has been steadily building out since that time. The requested rezone, in conjunction with a Major PUD Amendment to designate the area as light commercial, allows for the PUD zone designation to expand into an area that has been anticipated to be part of the PUD by the applicant. The Planned Unit Development (PUD) - Lakeland Hills South Special Plan Area is intended to be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearing Examiner Case No. Z15-90/UP9-70). The City of Auburn has accepted this project as an approved PUD. See ACC 18.76.010. B. Site. The subject site is 3.79 acres, which is located directly east of the existing Lakeland Commons commercial development, south of the intersection of Lake Tapps Parkway East, and Lakeland Hills Way SE. The four existing parcels that make up the area are developed with low density single family residences and accessory buildings. All existing residential structures are proposed to be removed as the property develops in the future. The site is described by the applicant as rolling with the steepest slope of the property as approximately 9%. The site includes some large trees and typical residential landscaping. There are no known critical areas located on the site. The site was annexed to the City of Auburn in 2005 by Ordinance #5932. The existing zoning designation of R1 Single Family Residential was established upon annexation. The site is served by the City of Bonney Lake for water. A public water system will be provided with any subsequent development resulting from this proposed rezone. The applicant will be required to submit plans for review and approval prepared in accordance with City of Bonney Lake's standards. Sanitary sewer for the site served directly by the City of Auburn. A public sanitary sewer system will be provided with any subsequent development resulting from this proposed rezone. The applicant will be required to submit plans for review and approval prepared in accordance with City of Auburn's standards. Ordinance No. 6176 April 30, 2008 Page 2 A stormwater system will be provided with any subsequent development resulting from this proposed rezone. The applicant will be required to complete a drainage analysis and submit drainage plans prepared in accordance with City of Auburn's standards. The site has frontage along Lakeland Hills Way SE. Upon future development of the property, road and street frontage improvements to the City of Auburn standards will be required as necessary. These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary right-of-way dedications, and public stormwater conveyance. Although the proposed rezone will have no impacts on the transportation system at this time, additional trips will be generated under the new commercial zoning designation based on the uses allowed upon development of the subject site. 4. Characteristics of the Area. Surrounding land uses include low density single family residences to the south and east, and commercial development to the north and west. Wetland buffer also borders the site. 5. Adverse Impacts. It is unlikely that the rezone will create any significant adverse impact. A SEPA Determination of Nonsignificance was issued for the rezone. As pointed out by Mr. Gordon during his testimony, there are homes that surround the area and that could be affected by noise. As noted by staff, noise impacts will be addressed at subsequent development review when a more specific development project is presented. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.68.030 requires the hearing examiner to conduct public hearings on rezones that are both consistent with the Comprehensive Plan and initiated by an applicant other than the City, and to make recommendations thereon to the City Council. Substantive: 2. Zoning Designation. Single Family Residential. 3. Review Criteria and Application. ACC 18.76.020(A) requires a Major Amendment to "establish the land uses," and proscribes the process and criteria for rezones set forth in Chapter 18.68 ACC. Those criteria plus additional ones identified and established by the courts are quoted below with corresponding conclusions of law. ACC 18.68.030: The rezone must be consistent with the Comprehensive Plan. 4. As noted above, the Comprehensive land Use Plan Map was amended in 2007 to designate this area from Single Family Residential to Light Commercial (Lakeland Hills Special Plan Area). This requested zone change will allow the area to develop consistent with the plan designations and also the overall character of the Lakeland Hills community. Ordinance No. 6176 April 30, 2008 Page 3 The Auburn Comprehensive land Use Plan includes several goals and policies to support the proposed rezone as follows in relevance; Chapter 3 land Use Goal 9-Commercial Development To maintain and establish a variety of commercial environments which provide the full range of commercial services to the community and region in a manner which reduces conflicts between different types of commercial services and other uses. Neighborhood Commercial Small commercial centers within or adjacent to residential neighborhoods serve a useful function in providing convenient access to neighborhood residents for their "everyday" or "convenience" shopping needs. These centers can serve to reduce the number of automobile trips or at least shorten them by providing services near to one's residence. For neighborhood centers to provide these benefits, attention must be paid to ensuring adequate access to these centers from the adjacent neighborhood. However, these commercial areas can also adversely affect a neighborhood by generating traffic and land use conflicts. Objective 9.1 To provide for the convenience commercial needs of residential areas, while protecting existing and future residential neighborhoods from the disruptive effects of commercial intrusions. Policy LU-59 Existing neighborhood oriented commercial centers should be identified and designated. Commercial uses within these centers should be limited to those having primary market areas considerably smaller than the entire community. Policy LU-60 Designated neighborhood commercial centers should be prevented from spreading along the arterials that serve them. Policy LU-61 A prime consideration in permitting the expansion of existing neighborhood commercial areas shall be the ability to adequately buffer any nearby residences from disruptive impacts. Policy LU -62 In some instances of existing neighborhood commercial centers, a transition zone of moderate density residential uses should be designated between the center and single family residential areas. Policy LU -63 New neighborhood commercial centers should be considered under the "Special Planning Areas" concept. Such areas should be carefully designed and integrated into the overall area development plan so as to minimize traffic and land use conflicts. Commercial uses should be limited to those having primary market areas approximately the size of the special planning area. Policy LU -64 Consideration should be given to providing adequate access to neighborhood commercial development by non-motorized modes such as walking and biking. Barriers to these modes such as walls and fences should be removed when possible and shall be avoided in new development. The goals and policies of the land use element generally support the proposed rezone. The location is near existing urban services and infrastructure. The plan supports the Ordinance No. 6176 April 30, 2008 Page 4 development of close-in vacant or underdeveloped properties which further limits urban sprawl on the edges of the planning area. As indicated by the applicant, the Lakeland Hills South PUD has a continued need for expanded neighborhood commercial services that can be accommodated under this proposal. The addition of this site as commercial provides an expansion to the existing Lakeland Commons shopping area that has a primary market are not larger than the community it serves. By compliance with the zoning code and other applicable development regulations for commercial development, at the time of future construction, landscaping and buffering of adjacent residential properties will be provided. Finally, this site provides good access for non-motorized means of transportation. The Lakeland Hills South PUD includes an extensive network of pedestrian friendly trails, sidewalks, and other planning features that provide access to this site. Comprehensive Transportation Plan 5.2 Street System Objective: Functional Classification To provide an integrated street network of appropriate classes of streets designed to facilitate different types of traffic flows and access needs. Policy TR-51 The city street system is made up of Arterials, Collectors, and Local Streets Policy TR-52 The Functional Roadway Classifications Map will serve as the adopted standard for identifying classified streets in the City of Auburn and the potential annexation areas. Objective: Collectors Policy TR-62 Designate new collectors to serve developing areas concurrent with approval of such development. Collectors shall be spaced in compliance with good transportation network planning principles, and support the importance of overall system circulation. The Growth Management Act requires consistency between land use and transportation planning. As noted, the Land Use Plan identifies the area of the rezone as Light Commercial. Pursuant to Section 12.64.A.030 ACC, upon future development of the site, the City's Public Works Department will identify specific public right-of-way improvements that are necessary to mitigate the impacts of site development. Construction or provision of those improvements in the manner specified by the city engineer shall be a condition of granting said permit. Improvements will likely include; street lighting, sidewalks, concrete curbs and gutters, storm drainage systems, street landscaping and appurtenances, traffic control devices, and dedication of public right-of- way. Sequentially, to meet the objective of the City's Comprehensive Plan and provide roadway access which meets city standards to properties east of this rezone, a minimum dedication of 15 feet of right of way extending east - west from Lakeland Hills Way to the eastern boundary of Lakeland Hills South Area D (Parcel # 0520053018) is required. This dedication shall be required as a condition of this rezone. Ordinance No. 6176 April 30, 2008 Page 5 ACC 18.68.030: The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. 5. The rezone was initiated not by the City, but by Investco Financial Corporation, LLC, the owners of the subject site. General rules for rezone applications identified by the Washington State Supreme Court in Citizens v. Mount Vernon, 133 Wn.2d 861 (1997) and Ahmann-Yamanne, LLC v: Tabler, 105 W.2d 103 (2001): Conditions in the area must have changed since the original zoning was established, or in the alternative the rezone implements the comprehensive plan. 6. The rezone meets the judicial criterion above both on the basis of implementation of the comprehensive plan and changed circumstances. As noted previously, the City Council in 2007 approved an amendment to the comprehensive plan land use map from Single-Family Residential to Light Commercial. The proposed rezone implements this change. The rezone also satisfies the alternative changed circumstances requirement. Since the original R1 Single Family zoning of this site was established via annexation to the City of Auburn in 2005, there have been significant changes in the general area. The Lakeland Hills South PUD has continued to significantly expand with the development of new infrastructure and at this time is nearing build-out. Also, there have been significant numbers of residential units created outside of the defined PUD boundary that utilize the street network in and out of the Lakeland Hills community. This equates to an increased need for commercial services to serve these new residents. This proposed rezone will facilitate development of additional commercial services while utilizing the existing infrastructure developed in the area. This general area which is situated at the intersection of Lake Tapps Parkway East and Lakeland Hills Way has experienced a transition from single family residential to commercial. Currently, the development pattern in the vicinity of the rezone is a mix of commercial uses and single family residences. The proposed change in zoning will be compatible with the surrounding uses and zoning classifications. General rules for rezone applications identified by the Washington State Supreme Court in Citizens v. Mount Vernon, 133 Wn.2d 861 (1997): The proposed rezone must bear a substantial relationship to the general welfare of the community. 7. The properties west and north of this site are designated as Lakeland Hills South Special Plan Area/C1 Light Commercial West of the site is the existing Lakeland Commons shopping center which includes a grocery store, several restaurants and varied retail services. North of the site is a Walgreen's with plans for additional retail services. As proposed, this rezone request from R1 Single Family Residential to Lakeland Hills South Special Plan Area/C1 Light Commercial is consistent with the land uses on the adjacent parcels to the north and west. Further, subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone as requested will not adversely affect the general welfare of the community. Ordinance No. 6176 April 30, 2008 Page 6 The rezone will allow for future development of the area in a manner consistent with the Lakeland Hills South PUD, a master planned community. Expansion of the PUD will allow for orderly development of the area under a unified vision and provide additional commercial areas to serve a rapidly growing area of the city. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of Law, the Hearing Examiner recommends approval of the Rezone as described in the staff report (Exhibit 1) dated March 19, 2008 for REZ08-0001. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Approval. The request to rezone approximately 3.79 acres from R1 Single Family Residential to Lakeland Hills South Planned Unit Development (PUD) District Light Commercial is hereby APPROVED based upon the Hearing Examiner's Findings of Fact, Conclusions and Recommendation for the properties located at 1406 167th Avenue E (Pierce County Parcels 0520053023, 0520053022, 0520053024, 0520053018) identified in Exhibit "A" attached hereto and incorporated by reference. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recording. 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. Ordinance No. 6176 April 30, 2008 Page 7 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication, as provided by law. INTRODUCED: MAY - 5 2008 PASSED: uev - x Anna -ten APPROVED: MAY - ATTEST: n Da 'elle E. Daskam, City Clerk APPROVED AS TO FORM: If niel B. Heid City Attorney PUBLISHED: PETER B. LEWIS MAYOR Ordinance No. 6176 April 30, 2008 Page 8 EXHIBIT A Pierce County Tax Parcel No. 0520053023 Section 05 Township 20 Range 05 Quarter 33: BEG AT A PT ON W LI OF SEC 570.85 FT N OF SW COR OF SW OF SEC TH N TO NW COR OF S 1/2 OF SW OF SW TH E 300 FT TH S TO A PT E OF POB TH W 300 FT TO BEG SEG F 5702 Pierce County Tax Parcel No. 0520053022 Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00 DEG 05 MIN E ALG W LI OF SD SEC 392.51 FT TO POB TH CONT N 00 DEG 05 MIN E 178.34 FT TH N 85 DEG 50 MIN E 300 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 165 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 135 FT TO POB SEG F 5702 Pierce County Tax Parcel No. 0520053022 Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00 DEG 05 MIN E ALG W LI OF SD SEC 392.51 FT TO POB TH CONT N 00 DEG 05 MIN E 178.34 FT TH N 85 DEG 50 MIN E 300 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 165 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 135 FT TO POB SEG F 5702 Pierce County Tax Parcel No. 0520053024 Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00 DEG 05 MIN E ALG W LI OF SEC 392.51 FT TH N 85 DEG 50 MIN E 135 FT TO POB TH N 00 DEG 05 MIN E 89.17 FT TH N 85 DEG 50 MIN E 165 FT TH S 00 DEG 05 MIN E 89.17 FT TH S 85 DEG 50 MIN W 165 FT TO POB SEG F 5702 Pierce County Tax Parcel No. 0520053018 Section 05 Township 20 Range 05 Quarter 33: S 1/2 OF FOLL DESC PROP BEG AT A PT 125 FT N OF SW COR OF SEC TH N 535 FT TH E 300 FT TH S 535 FT TH W 300 FT TO BEG SUBJ TO EASEMENT Ordinance No. 6176 April 30, 2008 Page 9