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ORDINANCE NO. 4 2 8 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DENYING
THE REQUEST OF THERON TORGERSON TO REZONE PROPERTY ZONED R-4 TO C-3
AND COMPREHENSIVE PLAN MAP AMENDMENT FROM HIGH DENSITY RESIDENTIAL TO
HEAVY COMMERCIAL LAND USE CLASSIFICATION, ON PROPERTY LOCATED IN THE
4400 BLOCK, EAST OF AUBURN WAY NORTH, WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application Number 26-87 has been submitted to the Council of
the City of Auburn, Washington, by THERON TORGERSON, requesting the rezoning
of the real property hereinafter located in the vicinity of the 4400 block,
east of Auburn Way North, which application was dated September 17, 1987; and
WHEREAS, said request above referred to, was referred to the Planning
Commission by the Auburn City Council for study and public hearing thereon;
and
WHEREAS, the Planning Commission based upon staff review, held a public
hearing to consider said petition in the Council Chambers of the Auburn City
Hall, on October 6, 1987, at the conclusion of which the Planning Commission
recommended denial of the rezoning of the said property based upon the
following findings of the Department of Planning and Community Development,
to -wit:
FINDINGS OF FACT
1. Comprehensive Plan Findings:
A. Comprehensive Plan Map Designation: The site is designated as a High
Density Residential Land Use Classification. (Plan Map) The appli-
cant proposes that the site be designated as a Heavy Commercial Land
Use Classification.
B. High Density Residential Description: This category shall be applied
to those areas which are either now developed or are reserved for
multiple family dwellings. Densities may range from 10 to 20 units
per acre. Dwelling types may range from single family units to
apartment complexes, and would include mobile home parks ... (pg. 63)
C. High Density Residential Criteria for Designation: In addition to
areas already developed to this density, this designation should be
applied only to areas which have or may be most efficiently served
with high capacity and quality of public services and facilities. Of
particular concern is the provision of adequate traffic circulation,
and this category shall only be applied to areas with developed
arterial access. Other siting concerns may include access to commer-
cial services and open space amenities. This category may also be
applied to areas which are threatened with deterioration and multiple
family dwellings offer the potential for rehabilitation. Finally,
areas uniquely suited for public housing or for mobile home parks may
also be designated by this category of use. (pg. 63)
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Ordinance No. 4288
Page One
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D. Heavy Commercial Purpose: To provide automobile oriented commercial
areas to meet both the local and regional need for such services.
(pg. 66)
E. Heavy Commercial Description: This category is intended to accom-
modate uses which are oriented to automobiles whether as the mode or
target of providing the commercial service. The category would also
accommodate a wide range of heavier commercial uses involving exten-
sive storage or heavy vehicular movement. (pg. 66)
F. Heavy Commercial Criteria for Designation: This designation should
only be applied to areas which are highly accessible to automobiles
along major arterials. Generally this category would characterize
commercial strips. This zone is appropriate for the intersections of
heavily travelled arterials, even if adjacent sites are best suited
for another commercial designation. (pg. 66)
G. Comprehensive Plan Land Use Development Policies:
Objective 20.3. To encourage the appropriate use of areas adjacent to
heavily travelled arterials while minimizing land use and traffic
conflicts by:
a. Managing the continued commercial development of existing
commercial arterials in a manner which minimizes traffic and
land use conflicts.
b. Conserving residential qualities along heavily travelled
arterials which are not yet commercialized, by restricting com-
mercial development to types which provide an appropriate buffer.
c. Protecting existing, viable residential areas along lesser -tra-
velled arterials, from commercial development.
d. Planning and establishing new arterials in a manner which pre-
vents strip commercial development.
Policy 20.3.1. The City shall identify those existing commercial arterials
that are appropriate for continued general (heavy) commercial development,
and those arterials that are appropriate for continued or future limited
(i.e. professional office type) commercial development.
Policy 20.3.6. Residential arterials having good potential for long term
maintenance of a quality living environment should be protected from the
intrusion of commercial uses. In some instances, these may be appropriate
locations for churches and other religious institutions, or moderate den-
sity multiple family uses.
H. The "I" Street N.E. corridor has been designated as a "Planned
Arterial" by the Comprehensive Plan's Arterial Street Plan. (Map E)
2. The applicant has applied for a rezone and Comprehensive Plan Map amend-
ment.
3. The property is 698.64 feet in depth, and is vacant with the exception of
a single family residence located adjacent to Auburn Way North.
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Ordinance No. 4288
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4. The site abuts and would be provided access from Auburn Way North,
designated as a five lane "Existing Arterial" by the Comprehensive Plan's
Arterial Street Plan. (Map E)
5. The site abuts "I" Street N.E. (undeveloped), and would be provided access
from "I" Street upon it's development.
6. The property has previously provided 30' of right-of-way along it's south
boundary for the extension of 44th Street N.E. and 30' of right-of-way
along it's east boundary for the extension of "I" Street N.E..
7. Auburn Way North, in the vicinity of this site, has been designated as a
commercial arterial by establishing C-3 (Heavy Commercial District) zoning
along the east and west sides of the street.
8. Because "I" Street N.E. is presently not constructed, the existing 698.64
foot deep site is only provided single access from Auburn Way North.
Heavy commercial uses placed at the far east end of the site would be
significantly removed from the Auburn Way North corridor. Because of the
sites separation from Auburn Way North, the site would not be highly
accessible to automobiles from the Auburn Way North commercial corridor as
required by the Comprehensive Plan's Criteria for Designation of Heavy
Commercial Land Use (pg. 66).
9. The rezone area is located adjacent to northerly, southerly and easterly
R-4 Zoning. Adjacent R-4 properties are presently undeveloped.
10. On December 22, 1980 (Ordinance 3580) and December 20, 1982 (Ordinance
3833), the City Council approved two rezones from Unclassified to R-4
District on properties lying directly north of the subject site and west
of "I" Street N.E. Findings for these rezones included their consistency
with zoning in the area and their consistency with proposed land uses in
the area. (See Exhibit 'A')
11. On July 6, 1971, the City Council approved a rezone of the subject site
from Unclassified to C-3 District.
12. On August 18, 1986, the City Council adopted a Comprehensive Plan which
designated the site as a High Density Residential Land Use Classification.
13. On June 1, 1987, the City Council adopted an Area Zoning Map designating
the site as R-4 (Multiple Family Residential District). (See Exhibit "B")
14. Maintaining residential land use and zoning along "I" Street N.E. would
continue the potential for a long term quality living environment.
15. Rezoning only the subject site to C-3 District would allow a peninsula
like intrusion of incompatible heavy commercial uses within the area,
thereby jeopardizing the long term quality of the "I" Street corridor as a
living environment.
16. A site specific intrusion of C-3 District along the "I" Street corridor,
allowing for new heavy commercial development, may establish a precedent
for such zoning. Such precedent would lead to strip commercial develop-
ment along the west side of the "I" Street N.E. corridor.
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Ordinance No. 4288
Page Three
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17. Allowing high volume commercial traffic generators along "I" Street N.E.
would be incompatible with the character of the surrounding vicinity and
future intent of the street as a non-commercial corridor, and would result
in an impact to adjacent residentially zoned properties.
18. The City's Public Works Department has indicated the following:
a. Future development of the site will require appropriate installation
or approved deferral of street improvements within 44th Street N.E.
and "I" Street N.E.
b. A 150' wide drainage channel (P-Channel) transects the subject pro-
perty from Auburn Way North to "I" Street N.E..
C. Existing storm drainage systems located in Auburn Way North were
designed and installed to serve properties located within 600' east
of Auburn Way North. The property is 698.64 feet in depth.
d. Future development of the site will require installation of water
main improvements within 44th Street and "I" Street rights -of -way.
AND THE.AUBURN CITY COUNCIL HEREWITH MAKES THE FOLLOWING:
CONCLUSIONS•
Based on the above findings, including descriptions of High Density
Residential and Heavy Commercial Land Use classifications, the City concludes
that the proposed rezone and Plan Map amendment is inconsistent with the
Comprehensive Plan, and is inappropriate for the area. The City further
concludes that the City has no legal obligation to return the 30 foot right-
of-way; that the City is not estopped from denying the rezone application and
that the decision in Teed v. King County, 36 Wash. App. 635 (1984) does not
apply in this case.
WHEREAS, the City Council of the City of Auburn, held a public hearing in
the Council Chambers of the Auburn City Hall, at 7:30 P.M. on October 19,
1987, and continued to December 7, 1987, at which time the City Council
referred to the Planning and Community Development Committee; and
WHEREAS, on May 10, 1988, the Planning and Community Development Develop-
ment Committee held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, at the conclusion of which the Planning and
Community Development Committee recommended denial of the rezoning of the said
property; and
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Ordinance No. 4288
Page Four
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WHEREAS, the City Council of the City of Auburn, held a public hearing in
the Council Chambers of the Auburn City Hall, at 7:30 P.M. on June 6, 1988,
at which time the City Council concurred with the findings of the Department
of Planning and Community Development and Planning Commission as hereinabove
stated; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS THAT:
Section 1. Based upon the foregoing Findings and Conclusions the request
of THERON TORGERSON, requesting the rezoning of property zoned R-4 (Multiple
Family Residential District) to C-3 (Heavy Commercial District) and
Comprehensive Plan Map amendment from High Density Residential to Heavy
Commercial Land Use classification in the vicinity of the 4400 block east of
Auburn Way North, within the City of Auburn, Washington, is herewith denied.
Section 2. The Legal Department for the City of Auburn, Washington, is
hereby authorized and directed to file a certified copy of this Ordinance with
the King County Assessor.
Section 3. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
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Ordinance No. 4288
Page Five
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Section 4. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
PUBLISHED: JUNE 26, 1988
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Ordinance No. 4288
Page Six of Six
6/14/88
INTRODUCED:
PASSED
JUNE 20, 1988
JUNE 20, 1988
APPROVED: JUNE 20, 1988
M A Y 0 R
STATE OF WASHINGTON)
COUNTY OF KING )
ss.
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Ordinance No. 4288 of the ordinances of the City of
Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4288 was duly passed by the
Council and approved by the Mayor of the said City of Auburn, on
the 20th day of June A.D., 1988.
I further certify that said Ordinance No. 4288 was published
as provided by law in the Daily Globe news, a daily newspaper
published in the City of Auburn, and of general circulation
therein, on the 26th day of June A.D., 1988.
WITNESS my hand and the official seal of the City of Auburn,
this 16th day of July A.D., 1988. _
CITY CLERK OF THE CITY OF AUBURN