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Home My WebLink About6496 ORDINANCE NO. 6 4 9 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF FONFEE, LLC AND STANBERRY FOR REZONING OF A POR'fION OF TWO PARCELS TOTALING APPROXIMATELY 2.1 ACRES LOCATED AT THE NW CORNER OF WEST VALLEY HWY N AND 37T" ST NVV FROM C3, HEAVY COMMERCIAL TO M1, LIGMT INDUSTRIAL TO IMPLEMENT ?HE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City Council of the Ciry 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 Gouncil of the City of Aubum 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 Aubum reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, Mike Cotter, President ofi Fonpee LLC, as owner of one property and as an agent on behalf of the other property owner and co-applicant; Edwin Stanberry, submitted a rezone application (File #REZ13-0002) for the Fonpee LLC and Stanberry rezone on June 7, 2013, forthe eastem portion of two parcels identfied by King County, Washington tax parcel numbers::0221049077 and 0221049098; and Ordinance No. 6496 February 12, 2014 Page 1 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 af least ten (10) days prior to the date of hearing, the City of.Auburn Hearing Examiner on January 15, 2014 conducted a public hearing on the proposed Fonpee LLG and Stanberry Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAB, thereafter the Ciry of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Fonpee LLC and Stanberry Rezone; and WHEREAS, on, February 18, 2014, the Auburn City Council considered the proposed Fonpee LLC and Stanberry Rezone; as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASI-IINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council") adopts and approves the Fonpee LLC and Stanberry Rezone to change the eastern portion ofi two parcels totaling approximately 2.10 acres located at the NW corner of West Valley Nwy N and 37�' ST NW from "C3, Heavy Commercial", to °M1, Light lndustrial and directs 4haf#he rezone application and all related documents be:filed along with this Ordinance with the Auburn Gity Clerk and be available for public inspection. Ordinance No. 6496 February 12, 2014 Page 2 Sectlon 2. The Zoning Map amendmenY is herewith designated as a basis for the exercise of substantive authority underthe 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, in the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT 1. licant. The co-applicants are Mike Cotter, President of Fonpee LLC and Edwin Stanberry. 2. Hearina. A public hearing was held by the hearing examiner on the proposed rezone on January 15, 2014 at 5:30 p.m. at the City Council chambers at Aubum City Hall. Substantive: 3. Site/Proaosal Descriotion. The applicant has requested a rezone of 2.1 acres from C3 (Heavy Commercial) to M1 (Light Industrial), The rezone is necessary to make thezoning of the parcels consistent with tfie underlying "Light Industrial" comprehensiVe plan land use map designation, which was so designated 6y ordinance approvetl by the City Council on December 2, 2013. The rezone area is composed of two parcels. 'Both ,parcels have split zoning with the C3 rezone area located along their eastem ends. The ,remaining portions of the two lots are zoned M1. Approval of the rezone will remove fhe split zoning and make both lots M1 in their entirety. The currerrt zoning boundaries originally followed parcel boundaries thathave since been modified or eliminated through combining lots. As detailed in the staff report, the rezone area has been accommodating expanding 6usinesses (at least on one of the two lots) and fhe rezone will facilitate the confinued expansion of these businesses by providing for a consistent set of deyelopmeM standards across the lots. The properties are part of the transition in grade from the westem hillside to the valley floor and a north-south aligned stream borders the westem boundary of bofh properties. Ordinance No. 6496 February 12, 2014 Page 3 4. Characteristics of the Area. The rezone area is surrounded by land zoned and developed with a wide variety of uses including commercial, industrial and single family residential. 5. Adverse Imaacts. There are na significant adverse impacts associated with the proposal. The site is separated by stream corridor and hiliside from residential uses, the only uses that would be considered incompatible with the types of uses authorized in the M1 district. CONCLUSIONS OF LAW Procedural: 1. Authoritv of Hearina 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 consistentwith the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comarehensive Plan Land Use Maa Desianation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Light Industrial". 3. Case Law Review Criteria and Ao�lication. 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 (2_U01). ff a rezone implements the Comprehensive Plan, a showing that a change of ci�cumstances has occurred'is not required. Id. at 112. The proposed rezone from C3 to M1 clearly meets the judiciaf criteria for a rezone: There is no question that the proposal is necessary to implement the comprehensive plan, as the comprehensive plan land use map designation for the properly is currently "Light Industrial". The only zoning designations that are consisteM with this designation are M1, Environmental Park (ER) and Business Park (BP). The M1 zone is the only zone that is consistenYwith the sites as they are currently developed and are intended to be developed. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will noY resuft in any significant adverse impacts as determined in Ordinance No. 6496 February 12, 2014 Page 4 Finding of Fact No. 5 while at the same time allowing for continued business expansion. 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. 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 #o 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 1 S 2014 PASSED: �B 18 2014 APPROVED: FEB 18 2014 N ncy B MAYOR Ardinance No. 6496 February 12, 2014 Page 5 ATTEST: Dan elle : Da"skam, City Clerk APPROVED AS TO FORM: Daniel B. Hei , City Attomey Published:� � .��°� �`"``� Ordinance No. 6496 February 12, 2014 Page 6