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AFTER RECORDING MAIL TO: ORDINANCE Rea:t8J.00
Name City of Auburn - City Clerk 4/12M018 11:d7 qM ,
Add�ess 25 W Mai n5t KiNc couHtr;wa
_ City/State Auburn, wa 98001
Document Title(s):
1, Ordinance No. 6673
Reference Number(s) of Documents Assigned or rele.ased:
Grantor(s):
1. City of Aubum
2.
[ ] Additional information on page of document
Grantee(s):
1. The Public
2.
[ ] Additional information on page of document
Abbreviated Legal Description: ��• LiJ�" `l S S,id documants were ftlod oP
n� , ' n � / n re^-crd as an accomodatio�i oniy.
1��VC.2y1�GW ��lX � V,� �,5 —(U It has not been examined as to
Tax Parcel Number(s): �331�0-t��s� �f�P���execu[ion or as to i[s
e`''ect upan Lifle
[ ] Complete iegal description is on page of daument
ORDINANCE NO. 6 6 7 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN,WASHINGTON, REZONING ONE PARCEL, 7,500
SQUARE FEET IN SIZE, FROM R-7 RESIDENTIAL TO DUC
DOWNTOWN URBAN CENTER, TO IMPLEMENT THE
COMPREHENSIVE PLAN AND AMENDING THE CITY'S
COMPREHENSIVE ZONING MAP
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 aetion with
the adoption of Ordinance No. 4788; and
WHEREAS, on December 14, 2015,the City Council of the City of Auburn 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, Alan Keimig, of The Keimig Associates, Applicant and Property
Owner, submitted a rezone application on September 21, 2017 for King County Parcel
Number 733140-0655; and
WHEREAS, the environmental impacts of the proposed rezone were considered
in accordance with procedures of the State Environmental Policy Act with a Determination
of Non-Significance issued on November 9, 2017; and
Ordinance No. 6673
January 16, 2018
Page 1 of 4
WHEREAS, after proper notice published in the Gity`s official newspaper at least
ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner
heard public testimony and took evidence and exhibits into consideration; and
WHEREAS, on December 20, 2017 the City of Auburn Hearing Examiner
recommended approval of the rezone application, and made and entered findings of fact
and conclusions of law based thereon in support of that recommendation, as set forth in
. the Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner
attached hereto, marked as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the City Council concurs with the findings of fact and conclusions of
law of the Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Hearinq Examiner's Findincas of Fact and
C.onclusions of Law. The City Council adopts the findings of fact and conclusions of law
based thereon, made and entered by the Hearing Examiner in support of the
recommendation to the City Council, as set forth in the "Findings of Fact, Conclusions of
Law and Recommendation for The Keimig Associates Rezone, City File Number REZ17-
0005, dated January 3, 2018", attaehed hereto, marked as Exhibit "A".
Section 2. Aaproval. The City Council adopts and approves the rezone
request for a rezone from R-7 Residential to DUC Downtown Urban Center for King
County Parcel fVumber 733140-0655.
Section 3. Amendment to the Zoninq Map. The official zoning map of the City
of Auburn titled "Comprehensive Zoning Map" shall be amended to reflect this rezone
----------------
Ordinance No. 6673
January 16, 2018
Page 2 of 4
once this ordinance is effective.
Section.4. Constitutionalitv or Invaliditv. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidify or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 5. Recocdation. Upon the passage, approval and publication of this
Ordinance'as provided by law, the City Glerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor's Division.
Section 6. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. Effective Date. This ordinance shall take effeet and be in force
five (5) days from and after its passage, approval and publication, as provided by law.
INTRODUCED: FEB -;5 2018
PASSED: FEB -�.� 241$
APPROVED: FEB - � 2d18
CITY OF AUBURN
NA Y B S, MAY R
Ordinance No. 6673
January 16, 2018
Page 3 of 4
ATTEST:
D ielle E. Daskam, City Clerk
APPROVED AS TO FORM:
e B. Hei , ' Attorney �
.
Published: .� � —������ �� ��
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Ordinance No. 6673
January 16, 2018
Page 4 of 4
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EXHIBIT "A"
4
BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
5
Emily Terrell, Hearing Examiner
6
� RE: The Keimig Associates FINDINGS OF FACT, CONCLUSIONS
g OF LAW AND RECOMMENDATION
REZ15-0005
9
10 INTRODUCTION
11 The Applicant has requested a rezone of a 7,SOOsf parcel from R7,Residential Zone to
12 DUC, Downtown Urban Center. The parcel is located at 307 D Street. The rezone is
necessary to make the Zoning 1VIap designation consistent with the underlying DUC,
13 Dowtntown Urban Center Comprehensive Plan Land Use Map designation for the
parcel.Approval of the rezone is recommended to provide for consistency between the
14 Comprehensive Plan Land Use Map and the Zoning Map.
15 TESTIMONY
16
Thaniel Gouk, senior planner, summarized the proposal.
17
Neil Eugenio, of the Keimig Associates stated the proposal was a straightforward
18 rezone that implemented the Comprehensiv Plan. The home will be convereted to a
19 Professional office.There are already other off ce and commercial uses in the area.The
business will generate very little traffic. They will take care of the yardwork. They had'
20 considered converting the off ce via a home oecupation, but the rezone makes more
sense.
21
Alan Keimig, of the Keimig Associates, stated the business will be low impact. He has
22 considered living in the existing home.He's been an Auburn resident for many decades
23 and owned a businessin Auburn for most of that time.
24 EXHIBITS
25 Exhibits 1-11 identified in the Exhibit Lisi at page 16 of the December 12, 2017 staff
report,were admitted into the record during the December 20,2017 public hearing.
Rezone p..1 Findings, Conclusions and Decision
FINDINGS OF FACT
1
2 Procedural:
3 1. Applicant. The Applicant is Alan Keimig.
4 2. Hearin�. A hearing on the application was held on December 20, 2017 at
5 5:30 p.m. at the City Council chambers at Auburn City Hall.
6 Substantive:
7 3. Site/Proposal Description. The Applicant has requested a rezone of a
7;SOOsf parcel from R7, Residential Zone to DUC, Downtown Urban Center. The
8 parcel is located at 307 D Street. The project site is currently single family residential.
9 As indicated by the Applicant at hearing, the rezone will convert an existing single-
family home into an architectural office. Professional offices are allowed in the DUC
10 zone. The Comprehensive Plan Land Use Designation for the parcel is Downtown
Urban Center.
11
12 The site is 50 feet wide by 150 feet deep. The Site has an existing driveway off of`D'
St. SE whieh is proposed to remain and serve as the required ADA accessible parking
13 stall for the future professional office as well as provide one additional stall in the
driveway or garage. Three off-street parking stalls will also be provided from the alley
14 and an addiCional on-street parking stall will also be available on `D' St. SE,pursuant
to ACC 18.29,060(H)(5). There will be a total of 6 parking stalls fo meet the minimum
15 required_. The Applicant requested and was granted a deviation by the City Engineer
16 from the Public Works Design Standards that requires a project to take access only
from the lower-classification roadway (the alley in this case) as well as allowing the
1� parking stalls in the rear to be less than 40 ft. from the right-of-way.
18 4. Characteristics of the Area: The neighborhood is characterized by
predominantly single-fainily homes along D St. SE. However, there is an existing
19 professional office (dental office) two lots south at the corner of D St. SE and 4th St.
20 SE and an apartment complex at the D St. SE and2nd St. SE intersection.The properties
to th.e west, across the alley, are commercial, including a Burger King drive-through
21 directly behind the site.
22 5. Adverse Impacts. There are no signif cant adverse impacts associated with
the proposal. Compatibility with adjoining land uses is the only issue of concern at this
23 stage of project reyiew. Properties immediately adjacent to the subject on the north,
24 south and east are zoned R7 residential and are developed as single-family homes.
However,there are higher intensity uses within a block of the subject. Properties to the
25 west of the subject are zoned Downtown Urban Center. The subject wi.11 be a low
impact professional office with a small staff and limited daily visits from clientele,The
external appearance of the existing residential structure will not be significantly altered.
The Comprehensive Plan Land Use Designation is Downtown Urban Center and it is
Rezone p. 2 Findings, Conclusions and Decision
likely homes in the community will become commercial or office in nature as
1 implementation of the Comprehensive Plan.No compatibility problems are reasonably
2 apparent from the administrative record,
3 CONCLU5IONS OF LAW
4 Procedural:
5 1. Authoritv of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing
6 Examiner with the authority to review and make a recommendation on rezone requests
to the City Gouncil if the Planning Director determines that the rezone requests are
'7 consistent with the Comprehensive Plan. The Planning Director has determined that the
rezone request is consistent with the Comprehensive Plan.
8
9 Substantive:
10 ?• Com�rehensive Plan LandUse Map Desi ng ation. The Comprehensive Plan
Land Use Map designation for the groposed rezone area is Downtown Urban Center.
11
12 3. Case Law Review Criteria andApplication. Once it is concluded that a
rezone is necessary for consistency with a Comprehensive Plan Land use map
13 designation, agproval of the rezone is essentially legally mandated except in
extraordinary circumstances such as perhaps gross inconsistencies with other parts of
14 the comprehensive plan. None of those circumstanees are present here. The Auburn
City Code does not include any criteria for rezone applications. Washington appellate
1S courts have imposed some rezone criteria, requiring that the proponents of a rezone
16 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,
1� 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
18 circumstances has occurred is not required. Id. at 112.
19 The proposed rezone clearly meets the judicial criteria for a rezone. There is no
20 question that the proposal is necessary to implement the Comprehensive Plan, as the
Comprehensive Plan Land Use Map designation for the property is currently
21 Downtown Urban Center and the current R7 Residential zoning is inconsistent with
that designation. In point of fact, approval of a rezone to an implementing zone is
22 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 requested rezone is to the
23 DUC, Downtown Urban Center, the implementing zone for this Comprehensive Plan
24 Land Use Designation.
25 The rezone bears a substantial relationship to the public health, safety, morals and
welfare beeause it will not result in any significant adverse impacts as determined in
Finding of Fact No. 5 while providing a significant opportunity for economic
development in the City of Auburn.
Rezone p. 3 Findings, Conclusions and Decision
1 RECOMMENDATION
2 The Hearing Examiner recommends approval of REZ17-0005 without conditions.
3
DATED this 3rd day of January 2018.
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5 �,�•�,..:Q � ;.�.�.�.,�e,L�,
6 Emily Te ell
City of Auburn
� Hearing Examiner Pro Tem
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Rezone p. 4 Findings, Conclusions and Decision