HomeMy WebLinkAbout6497 ORDINANCE NO. 6 4 9 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE CITY-
INITIATED REZONING OF TWO PARCELS TOTALING
APPROXIMATELY 1.56 ACRES LOCATED AT THE
NORTHWEST CORNER OF AUBURN WAY SOUTH AND
HEMLOCK STREET SE 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 6y Resolution No. 1703, which included a Map
establishing the location of the Comprehensive Plan Land Use Designations throughout
the Cit�r; and
WHEREAS, on April 17, 1995, the City Council of the City of Aubum adopted
Comprehensive Plan Amendments by Resolution No. 2635 to compy with the
Washington State Growth Management Act; and
' WHEREAS, on September 5, 1995, the City of Aubum reaffirmed that action
with the adoption of Ordinance No. 4788; and
WHEREAS, the City initiated a rezone application (File #REZ13-0004) for the
Aubum Way South and Hemlock ST SE rezone on June 6 , 2013, for two parcels
ident�ed by King County, Washington tax parcel numbers 2815000010 and
2121059073; and
WHEREAS, the environmental impacts of proposed rezone were considered in
accordance with procedures of the State Envirnnmental Policy Act; and
Ordinance No. 6497
February 12, 2014
Page 1
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 Planning Commission on
February 4, 2014 conducted a public hearing on the proposed Aubum Way South and
Hemlock ST SE,Rezone; and
WHEREAS, at the public hearing the City of Aubum Planning Commission heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the City of Auburn Planning Commission made a
recommendation to the City Council on the proposed Aubum Way South and Hemlock
ST SE Rezone; and
WHEREAS, on, February 18, 2014, the Auburn City Council considered the
proposed Auburn Way South and Hemlock ST SE Rezone; as recommended by the
City of Auburn Planning Commission; 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 Aubum Way
South and Hemlock ST SE Rezone to change two parcels totaling approximately 1:56
acres located at the northwest corner of Aubum Way South and Hemlock Street SE
from "R5, Residential", to "C1, Light Commercial" and directs that the rezone application
and all related documents be filed along with this Ordinance with the Aubum City Clerk
and be avai�able 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
Ordinance No. 6497
February 12, 2014
Page 2
Act (SEPA) by the City's responsible environmental official in accordance with RCW
43.21 C.O60.
Section 3. The Council adopts the following Findings of Fact and Condusions
of Law in the Planning Commission's recommendations, as set forthbelow:
FINDINGS OF FACT
Procedural:
1. Aaalicant. The Applicant is the City of Aubum.
2. Hearina. A public hearing was held.by the Pfanning Commission on the
proposed' rezone on February 4, 2014 at 7:00 p.m. at the City Council chambers at
Auburn City Hall.
Substantive:
3. Site/Pr000sal Descriation.. The City as applicant has requested a rezone
of approximately 1.58 acres from R5, Residential to C1, Light Commercial. The site is
composed of two parcels. The two parcels totaling approximately 1.56 acres in area
are currently zoned R5, Residential. The parcels are Iocated on the north side of
Aubum Way South and east of Hemlodc Street SE; one lot removed from the comer.
Theaddresses ofithese properties are 3210 and 3216 Aubum Way South, Aubum WA.
The unde�lying comprehensive plan land use map designation was amended to "Light
Commercial" by City Ordinance No. 6489 adopted on Deoember 2, 2013.
Each ofthe subject properties is developed with a single family home. The purpose of
the rezone is to address that the subject properties have experienced added
development, the intensification of commercial uses, as well as increased traffic along
the Auburn Way S corridor.
4. Characteristics of the Area. The rezone area is surrounded the east and south
by land zoned and developed for light commercial. The rezone area is surrounded to
the north by land zoned for and developed with single-family residences and a public
park. The rezone area is surrounded Ehe east by land zoned for single-family
residences and neighborhood commercial and developed with single-famity residences
and vacarrtproperty.
The land use designations and zoning for the subject properties have not been re-
evaluated for many years and therefore haVe not considered the con6nued
Ordinance No. 6497
February 12, 2014
Page 3
appropriateness of the land use designations based on the increased development
along the adjacent roadway corridor. The subject properties have been impacted by
added development, the intensification of commercial uses, as well as increased traffic
along the Aubum Way South corridor.
The street corridor has generally been impacted by the development and expansions of
the Muckleshoot Casino and Bingo Hall and the construction and operation of the White
River Amphitheater (outdoor music yenue) in the area. In the immediate vicinity, there
has been further development on both sides of Aubum Way S. Immediately to the east
of the two subject properties, is a building containing a veterinary hospital and pet
grooming business. East of the veterinary hospital is a drive-through restaurant. And
east of the drive-through restaurant is a newer multi-tenant commercial center. All of
these uses are on property zoned C1; Light Commercial.
Auburn Way South has experienced increases in tra�c volumes. According to the
City's 199T Comprehensive Transpoitation Plan, the year 1996 average daily traffic
volumeswere 29,183 on Aubum Way S in this vicinity of Hemlock ST SE. According to
the City's current Comprehensive Transportation Plan, the year 2009 average daily
vehicle trips are 35,986 in this same road segment; a 23% increase over a period of 13
years.
There are three City roadway improvement projects currently under design on the
Aubum Way S corridor between the Mudcleshoot Plaza Drive (the Casino area) and
Hemlock ST SE:
CP1218 — Aubum Way S from Muckleshoot Plaza Drive to Dogwood ST SE,
construction in 2015
CP1118—Aubum Way S from Dogwood ST SE to Fir ST SE, construction in 2014
CP1119 —Aubum Way S from Fir ST SE to Hemlock ST SE, construction in 2014
The purpose of these road improvement projects is to improve vehicle and pedestrian
safety while also reducing congestion.
5. Adverse Imoacts. There are no significant.adverse impacts associated with the
proposal. The main area of impact would be land use compatibility. The subject
properties are bordered on three sides by properties designated for cammercial uses.
A small portion of the northem property boundary borders land zpned for and
developed with single-family residences and a change in grade provides some limited
separation.
Ordinance No. 6497
February 12, 2014
Page 4
CONCLUSIONS OF LAW
Procedural:
1. Authoritv of the Plannina Commission. ACC 18.68.030(B)(2) grants the Planning
Commission with the authority to review and make a recommendation to the City
Council on rezone requests if the rezone is initiated by the City.
Substantive:
2. Comprehensive Plan Land Use.Ma� Desiqnation. The Comprehensive Plan
Land Use Map designation for the proposed rezone area is "Light Commercial".
3. Case Law Review Criteria and Application. The Aubum City Code does not
include any criteria for rezone applications. Washington appellate courts have
imposed some rezone criteria, requiring that the proponents ofa rezone must establish
that conditions have substantially changed since the original showing and thaY 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, Residential" to "C1, iight CommerciaP' clearly meets
the judicial criteria for a rezone. There is no question thaY the proposal is
necessary to implement the comprehensive plan, as the comprehensive plan land
use map designation forthe property is currently "Light CommerciaP'. The only zoning
designation that is consisterrt with this designation is "C1, Light Commercial".
The rezone bears a substantial relationship to the public health, safety, morals and
welfare because it will not result in any sign�cant adVerse impacts as determined in
Finding of Fact No. 5 while at the same time allowing for transition from single family
residential use to commercial uses.
Section 4. Upon the passage, approval, and publication of this Ordinance as
provided by law, the City Clerk of the City of Aubum shall cause this Ordinance to be
recorded in the office of the King County Recorder.
Ordinance No. 6497
February 12, 2014
Page 5
Seetion 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: FEB 18 2014
PASSED: FEB 18 2014
APPROVED: FEB 1 S 2014
ncy B cu
MAYOR
ATTEST:
�
D ielle E. Daskam,
City Clerk
Ordinance No. 6497
February 12, 2014
Page 6
_
APPROVED AS TO FORM:
Dani B. Heid,
City Attomey
Published: � a A/ �. � �`Q'� ��
Ordinance No. 6497
February 12,2014
Page 7