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Home My WebLink About6443 ORDINANCE NO. 6 4 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF KATHY CRUZE FOR A REZONE FROM R-7 RESIDENTIAL 7 � DU/ACRE TO RO RESIDENTIAL OFFICE TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS ACCORDINGLY WHEREAS, the City of Aubum 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, Kathy Cruze, the applicant, submitted a rezone application on September 14, 2012 for tax parcel 2648000610; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act with a Determination of Non-Significance issued on October 11, 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 Aubum Hearing Examiner on November 13, 2012 conducted a public hearing on the proposed Cruze Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and Ordinance No. 6443 December 3, 2012 Page 1 WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Cruze Rezone on November 26, 2012; and WHEREAS, on December 3, 2012, the Auburn City Council considered the proposed Cruze Rezone as recommended by the Ciry of Aubum 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 Kathy Cruze rezone request for a rezone from R-7 Residential 7 du/acre to RO Residential Office. 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 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below� FINDINGS OF FACT Procedural: 1 Aoolicant. The Applicant is Kathryn Cruze. 2. Hearina. The Hearing Examiner conducted a hearing on the application at 6:45 p.m. at the City Council chambers at Aubum City Hall Annex on October 13, 2012. Ordinance No. 6443 December 3, 2012 Page 2 Substantive: 3. Site/Proaosal Descriation. The Applicant has requested a rezone of one parcel with an area of 12,095 square feet located at 105 M Street NE from R-7, Residential seven dwelling units per acre, to RO, Residential Office. The rezone is necessary to make the zoning map designation consistent with the residential office comprehensive plan map designation for the parcels. 4 Characteristics of the Area. The subject property is adjoined by property zoned R-7 residential to the west, north and east. The property immediately south is zoned CN, Neighborhood Commercial. On either side of the neighborhood commercial parcels are properties zbned Residential Office. The subject is surrounded by single family residential development on all but the south side. The property to the south is developed with a grocery store and drug store. The subject property is part of the M Street corridor between 8`h Street NE and East Main Street which has had a comprehensive plant land use designation of Residential Office since 2006, though the zbning has not been changed from R-7 in this area. 5. Adverse Imoacts. There are no significant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concem at this stage of project review Property on all sides is zoned for uses with about the same level of intensity as those contemplated in the Residential Office District. The Applicant proposes to convert the existing single family residence and cottage into a professional office. The existing residential style buildings will remain on the property The purpose of the Residential Office zone is to accommodate small-scale business and professional offices, medical and dental clinics, banks and similar financial institutions at locations where they are compatible with residentia� uses and in areas that are already in transition from resideritial to commercial uses along arterials, such as the M Street corridor This zoning designation is specifically appropriate in circumstances like the subject property's where conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the single- family residential character CONCLUSIONS OF LAW Procedural: 1 Authority of Hearinq 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 Ordinance No. 6443 December 3, 2012 Page 3 Residential Office, which is consistent with the requested RO zoning map designation. Substantive: 2. Zoninca Desiqnation. The property is currently zoned R-7 3. Case Law Review Criteria and Aqqlication. 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 rezbne must establish that conditions have substantially.changed since the original showing and that the rezone must bear a substantial relationship to the public heaRh, 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. !d. at 112. The proposed rezone 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 Residential Office and the current R-7 zoning is inconsistent with that designation. As discussed at page 4 of the Staff Report, the rezone is consistent with the Comprehensive Plan because it provides a transitional use from existing residences to planned non-residential use and balances the needs of existing residences with the need to accommodate new uses (Policy LU-48). The proposed rezone is consistent with Chapter 14 of the Comprehensive Plan as the zoning would change to Residential Office bringing the subject property into consistency with the land use designation. The future use of the site will be for a professional offce utilizing the existing structure on —site meeting the purpose of the Office-Residential land use designation and maintaining the character of the neighborhood. The Staif Report's comprehensive plan analysis located at page 4 is adopted and incorporated by this reference as if set forth in full. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse environmental 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. RECOMMENDATION The Hearing Examiner recommends approval of REZ12-0005. Ordinance No. 6443 December 3,2012 Page 4 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 OriJinance 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• DEC 3 2012 PASSED� DEC� 3 2012 APP � -- �v —� ✓ Peter B. Lewis MAYOR ATTEST �Ct�'�rx�A�1� Danielle E. Daskam, City Clerk Ordinance No. 6443 December 3, 2012 Page 5 APPROVED AS TO FORM: Daniel B. Hei , City Attomey � Published: ��.-�`�''�,�/d-,ti., �-� �°�_7`"`"J Ordinance No. 6443 December 3, 2012 Page 6