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Home My WebLink About6641ORDINANCE NO. 6 6 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF CITY OF AUBURN, COMMUNITY DEVELOPMENT AND PUBLIC WORKS FOR REZONING OF THREE PARCELS TOTALING APPROXIMATELY 137.38 ACRES LOCATED WEST OF C STREET SOUTHWEST FROM M1, LIGHT INDUSTRIAL AND M2, HEAVY INDUSTRIAL TO G3, HEAVY 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 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 Council of the City of Auburn 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 Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 65.84; and WHEREAS, the City of Auburn, Community Development and Public Works Department, the Applicant, submitted a rezone application (File No. REZ16-0002) for the Ordinance No. 6641 February 21, 2017 Page 1 GSA rezone in June 2016, for three parcels identified by King County, Washington, tax parcel numbers 2421049004, 2521049114 and 2521049115; and 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 at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed GSA Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed GSA Rezone; and WHEREAS, on, February 21, 2017, the Auburn City Council, at a study session reviewed. the proposed GSA Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on March 6, 2017, the Auburn City Council considered the proposed GSA Rezone; as recommended by the City of Auburn 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 GSA Rezone to change three parcels totaling approximately 137.38 acres located west of C Street Southwest from "M1, Light Industrial", and "M2, Heavy Industrial", to "C3, Heavy Commercial" and directs that the rezone application and all related documents be filed Ordinance No. 6641 February 21, 2017 Page 2 along with this Ordinance with the Auburn City Clerk and be available 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 Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is the City of Auburn, Community Development and Public Works Department. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 137.38 acres from M1 and M2 to C3. The site is composed of three parcels. Two parcels in the area are currently zoned M1 and one parcel is zoned M2. All three parcels are located on the west side of C Street Southwest, directly to the south of 15th Street Southwest. The primary address of the project site is 1303 C Street Southwest, Auburn WA. The underlying comprehensive plan land use map designation was amended to "Heavy Commercial" by ordinance adopted on December 5, 2016. The largest and primary parcel is developed With a mix of government offices, warehouses, and daycares owned and operated by the United States Federal Government, General Services Administration. The two smaller parcels are both owned by the City of Auburn and are developed with a satellite fire station and an access road served by C Street Southwest. The purpose of the rezone is to allow for commercial Ordinance No. 6641 February 21, 2017 Page 3 redevelopment of the site in anticipation of GSA reducing their need for the facility and land. 4. Characteristics of the Area. The rezone area is surrounded by land zoned and developed with a mix of commercial and industrial uses. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. While the size of the property is large, the zoning designation will be modified to the C3 commercial zoning designation that typically has less development impacts than the sites current M1 and M2 Industrial zoning designations. 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. Substantive: 2. Comprehensive Plan Land. Use -Map D_esignation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Heavy Commercial'. 3. Case Law Review Criteria and Application. Once it is concluded that a rezone is necessary for consistency with a Comprehensive Plan Land Use Map designation, approval of the rezone is essentially legally mandated except in extraordinary circumstances such as perhaps gross inconsistencies with other parts of the Comprehensive Plan. None of those circumstances are present here. 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 (20.01). 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 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 Plan Land Use Map designation for the property is Heavy Commercial Ordinance No. 6641 February 21, 2017 Page 4 and the current M1 and M2 zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone is mandated by RCW 36.70A.120 and ACC 14.22:050, which requires the City's zoning regulations to be consistent with its Comprehensive Plan. The Heavy Commercial zoning district is the only zone that implements the Heavy Commercial Comprehensive Plan Land Use Map designation, so no other implementing zone is available for the subject property. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while providing for economic development in the City of Auburn. DECISION The Hearing Examiner recommends approval of REZ16-0002. 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 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. -------------- Ordinance No. 6641 February 21, 2017 Page 5 MAR - 6 2017 INTRODUCED: PASSED: MAR - 6 2017 APPROVED: MAR " 2017 Nancy Backus MAYOR ATTEST: Danielle E.. Daskam, City Clerk City Attorney Published: Ordinance No. 6641 February 21, 2017 Page 6 Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6641) Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document 3rantor(s)/Borrower(s) (Last name first, then first name and initials) auburn, City of 3rantee/Assignee/Beneficiary: (Last name first) Said documents were IIN4 of record as an accomodation only. auburn, City of It rias not been examined as to pr viper execution or as to Its effect unnn fit _egal Description (abbreviated: i.e. lot, block, plat or section, township, range),L Additional legal is on page of document. kssessor's Property Tax Parcel/Account Number ?421049004,2521049114,2521049115 Assessor Tax # not yet assigned ** TN E Y2 SEC 24 TWP 21N RGE 4E, WM, KING COUNTY PTN NE % SEC 25 TWP 21N RGE 4E, WM, KING COUNTY AMERICAN 1 1_I—! I IIIIIii IIII ilil Iilli hill hill Iliil VIII ILII IIIIi Ilillli Ilii ili Illi 201431228000896 FIRST ORDINANCE Rec: S105.00 / 1212812018 2:54 PM a Return Address: ' KING COUNTY, WA Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6641) Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document 3rantor(s)/Borrower(s) (Last name first, then first name and initials) auburn, City of 3rantee/Assignee/Beneficiary: (Last name first) Said documents were IIN4 of record as an accomodation only. auburn, City of It rias not been examined as to pr viper execution or as to Its effect unnn fit _egal Description (abbreviated: i.e. lot, block, plat or section, township, range),L Additional legal is on page of document. kssessor's Property Tax Parcel/Account Number ?421049004,2521049114,2521049115 Assessor Tax # not yet assigned ** TN E Y2 SEC 24 TWP 21N RGE 4E, WM, KING COUNTY PTN NE % SEC 25 TWP 21N RGE 4E, WM, KING COUNTY ORDINANCE NO. 6 6 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF CITY OF AUBURN, COMMUNITY DEVELOPMENT AND PUBLIC WORKS FOR REZONING OF THREE PARCELS TOTALING APPROXIMATELY 137.38 ACRES LOCATED WEST OF C STREET SOUTHWEST FROM M1, LIGHT INDUSTRIAL AND M2, HEAVY INDUSTRIAL TO C3, HEAVY 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 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 Council of the City of Auburn 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 Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, the City of Auburn, Community Development and Public Works Department, the Applicant, submitted a rezone application (File No. REZ16-0002) for the Ordinance No. 6641 February 21, 2017 Page 1 GSA rezone in June 2016, for three parcels identified by King County, Washington, tax parcel numbers 2421049004, 2521049114 and 2521049115; and 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 at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed GSA Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed GSA Rezone; and WHEREAS, on, February 21, 2017, the Auburn City Council, at a study session reviewed the proposed GSA Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on March 6, 2017, the Auburn City Council considered the proposed GSA Rezone; as recommended by the City of Auburn 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 GSA Rezone to change three parcels totaling approximately 137.38 acres located west of C Street Southwest from "M1, Light Industrial", and "M2, Heavy Industrial", to "C3, Heavy Commercial" and directs that the rezone application and all related documents be filed Ordinance No. 6641 February 21, 2017 Page 2 along with this Ordinance with the Auburn City Clerk and be available 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 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, from the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is the City of Auburn, Community Development and Public Works Department. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 137.38 acres from M1 and M2 to C3. The site is composed of three parcels. Two parcels in the area are currently zoned M1 and one parcel is zoned M2. All three parcels are located on the west side of C Street Southwest, directly to the south of 15th Street Southwest. The primary address of the project site is 1303 C Street Southwest, Auburn WA. The underlying comprehensive plan land use map designation was amended to "Heavy Commercial" by ordinance adopted on December 5, 2016. The largest and primary parcel is developed with a mix of government offices, warehouses, and daycares owned and operated by the United States Federal Government, General Services Administration. The two smaller parcels are both owned by the City of Auburn and are developed with a satellite fire station and an access road served by C Street Southwest. The purpose of the rezone is to allow for commercial Ordinance No. 6641 February 21, 2017 Page 3 redevelopment of the site in anticipation of GSA reducing their need for the facility and land. 4. Characteristics of the Area. The rezone area is surrounded by land zoned and developed with a mix of commercial and industrial uses. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. While the size of the property is large, the zoning designation will be modified to the C3 commercial zoning designation that typically has less development impacts than the sites current M1 and M2 Industrial zoning designations. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing 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. Substantive: 2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Heavy Commercial". 3. Case Law Review Criteria and Application. Once it is concluded that a rezone is necessary for consistency with a Comprehensive Plan Land Use Map designation, approval of the rezone is essentially legally mandated except in extraordinary circumstances such as perhaps gross inconsistencies with other parts of the Comprehensive Plan. None of those circumstances are present here. 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 (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 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 Plan Land Use Map designation for the property is Heavy Commercial Ordinance No. 6641 February 21, 2017 Page 4 and the current M1 and M2 zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone is mandated by RCW 36.70A.120 and ACC 14.22.050, which requires the City's zoning regulations to be consistent with its Comprehensive Plan. The Heavy Commercial zoning district is the only zone that implements the Heavy Commercial Comprehensive Plan Land Use Map designation, so no other implementing zone is available for the subject property. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while providing for economic development in the City of Auburn. DECISION The Hearing Examiner recommends approval of REZ16-0002. 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 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. Ordinance No. 6641 February 21, 2017 Page 5 MAR - 6 2017 INTRODUCED: PASSED: MAR - 62017 APPROVED: MAR – 62017 Nancy Backus MAYOR ATTEST: ka4z\w D elle E. Daskam, City Clerk APPROVED AS TO FORM: Da ieI B. Heid, City Attorney Published: `7 r"/-\ CN , a5z:�`� -sem- Ordinance No. 6641 February 21, 2017 Page 6