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Home My WebLink About6675 N � 13 � 21 - ON - � . �. p�b �-iRSTA�CAN��. 118�I��II�NIIIII�IIdIIN�11�1118N�aIINl�ll�ll��ll — — Return Address: �\ �Q�N8032900'I 080 Auburn City Clerk aiza�2are�:ze am City of Aubum KING COUNTY,wa 25 West Main St. _ Auburn, WA 98001 - RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Orclinance No. 6675) Reference Number(s) of Documents assigned or released: �Additional reference#'s on page of document Grantor(s)/Borrower(s) (Last name frst, 4hen first name and initials) Auburn, City of Grantee/AssigneelBeneficiary: (Last name first) 1. Auburn, City of Legal Description (abbreviated: i.e. lot, block, pla4 or section, township, range) See parcel numbers ❑Additional legal ison page of dooument. Assessor's Properly Tax Parcel/Account Number 5401600175 ::�,,:: a:,A�:,,��:<�,,::��>;�!��f rer;,;� as an acccrncdation only. 5401600200 tt has not bee:, exarnincd as to 5401600235 P{oper execution or as to its e��ict upon title 5401600260 _ 0921059073 ❑AssessorTauJF not yet assigned ORDINANCE NO. 6 6 7 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE CITY- INITIATED REZONING OF FOUR PARCELS TOTALING APPROXIMATELY 1.34 ACRES LOCATED EAST OF C ST NW, BETWEEN W MAIN ST AND 3RD ST NW FROM DUC, DOWNTOWN URBAN CENTER TO M1, LIGHT INDUSTRIAL, AND THE CITY-INITATED REZONING OF AN APPROXIMATELY 0.98-ACRE PARCEL ON THE SOUTH SIDE OF SE 310T" ST, WEST OF 124TH AVE SE FROM R- 20, RESIDENTIAL ZONE 20 UNITS TO THE ACRE, TO I, INSTITUTIONAL 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 ineluded a Map establishing the location of the Comprehensive Plan Land Use Designa#ions throughou.t 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 Aubum reaffirmed tha# action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the City Council of the City of Auburn adopted a substantially revised Comprehensive Plan by Ordinance No. 6584 to comply with the periodic update required by the Washington State Growth Management Act; and WHEREAS, on February 5, 2018, the City of Auburn reaffirmed that action with the adoption of Resolution No. 5341; and -------------------------- Ordinance No. 6675 February 12, 2018 Page 1 WHEREAS, the City initiated a rezone application (File #REZ18-0001) on December 18, 2017, for four parcels located east of C ST NW identified by King County, Washington tax parcel numbers 5401600175, 5401600200, 5401600235, and 5401600260 and for a parcel located south of SE 310th ST identified by King County, Washington tax parcel number 0921059073; 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 Planning Commission on Februa.ry 6, 2018 conducted a public hearing on the proposed City-Initiated Rezone; and WHEREAS, at the public hearing the City of Auburn 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 City-Initiated Rezone; and WHEREAS, on, February 26, 2018, the Auburn City Council considered the proposed City-Initiated Rezone; as recommended by the City of Auburn Planning Gommission; 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 City-Initiated � Rezone to change four parcels totaling approximately 1.34 acres located east of C ST NW from "DUC, Downtown Urban Center", to "M-1, Light Industrial" and to change an -------------------------- Ordinance No. 6675 February 12, 2018 Page 2 approximately 0.98-acre parcel located south of SE 310th St from "R-20, Residential Zone 20 Units to the Acre" to "I, Institutional" and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The,Zoning Map amendment is herewith designafed as a basis for the exereise 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 in the Planning Commission's recommendations, as set forth below: FINDINGS OF FACT Procedural: 1, Applicant. The Applicant is the City of Auburn. � 2. Hearinq. A public hearing was held by the Planning Commission on the proposed rezone on February 6, 2018 at 7:00 p.m. at the City Council Chambers at Auburn City Hall. Substantive: 3; Site%Proposal Description. The City as a.pplicant has requested a rezone of five parcels in two locations; four privately-owned, developed parcels totaling approximately 1.34 acres changing from "DUC, Downtown Urban Center" to "M1, Light Industrial" to recognize and be more compatible with developed status ofthe properties. The other location is an approximately 0.98-acre city-owned parcel changing from "R- � 20, Residential Zone 20 Units to the Acre" to "I, Institutional" in response to recent City ownership as a developed park. The underlying comprehensive plan land use map designations of the parcels were amended to "Light Industrial" and to "Institutional", respectively, by City Ordinance No. 6667 adopted on December 18, 2017. 4. Characterisfics of the Areas. For the first group of parcels, the land use designations and zoning for the subject properties have not been re-evaluated for many years and therefore have not considered the continued appropriateness of the land use -------------------------- Ordinance No. 6675 February 12, 2018 Page 3 designations. The boundaries of the DUC, Downtown Urban Center zoning district were originally adopted in 2007 when the city was desirous of establ.ishing a downtown center zoning classification over a large area. While the justification for the establishment of the boundaries cannot be precisely recreated, it may have been contemplated that the properties would redevelop, but this has not happened. The contiguous sites are located at the northern margin of the "Downtown Urban Center" Comprehensive Plan designafion and bordered to the north and the east by � properties with an industrial designation. The sites align in a row north to south and are bordered by public streets of C ST NW to the west, 3rd ST NW to the north and by the Burlington Northern railroad to the east. The automobile body shop of A-1 Collision borders the sites to the south. The finro largest parcels, Parcel No. 5401600175 (0.7 acres) and Parcel No. 5401600235 (0.34 acres) have been developed for more than 25 years with structures and facilities that are more appropriate charaeterized as ``industrial uses" than suburban downtown development. The configuration and location of the properties sandwiched befinreen transportation corridors makes them less suitable for redevelopment as downtown service or retail type uses geared to leisure shopping and that would be subject to strict architectural and site design requirements. Also, due to the number of recent zoning inquiries, the City staff has increasing become aware of the difficulty of fhe property owner in finding tenants that can occupy the former farm supply building and meet the zoning use regulations of the DUC zoning district. Also, few uses are capable of using the building with few physical alterations in order to avoid triggering consistency with Downtown Design Standards and significant upgrades. Related to the second site, in 1996 the 0.98-acre property was part of a larger 2.23=acre property ownership by Schneider Homes Inc. that was proposed fo� development as the `Pasafino Apartments' while in unincorporated King County prior to annexation to the City of Auburn. In 1996 a `Petition for Annexation Agreement and Declaration of Covenant' was executed between the City and Schneider Homes Inc. in order for the City to provide water and sewer services to the proposed apartment development located outside the city, but within the city's established utility service area. An `Amended Petition for Annexation Agreement and Declaration of Covenant' was executed on April 21, 1997. The Agreements provided that as a condition of the City providing water and sewer utility services, Schneider Homes Inc. would develop a park, and after annexation, convey the developed park land to the City of Auburn without obligation or cost. At the time of transfer, the city parks department would assume maintenance responsibility. The property was annexed to the City of Auburn effective in 2008 by Ordi.nance No. 6121; however, the transfer of ownership of the park land did not take place for many more years since the park land was not a separate parcel that could be deeded separately to the City. A Boundary Line Adjustment (BLA) application (File #BLA14-0005) was filed by Schneider Homes Inc. in May of 2014 to establish the park land as a separate parcel. The processing of the BLA was delayed due to changes in property ownership interest on the part of Schneider Homes Inc. for Ordinance No:6675 February 12, 2018 Page 4 refinancing purposes. The BLA was subsequently approved by the Gity and recorded on November 2, 2016 (Recording #20161102900004) and the property subsequently conveyed to the City. The park is depicted as "Village Square Park° on the city website. It was previously appropriate to have the Comprehensive Plan land use designation of"Multiple °Family Residential° applicable to the site when it was privately- owned and part of a larger parcel that is mainly developed with apartments. However, now that Parcel No. 0921059073 is a separate parcel (as a result of the boundary line adjustmenf), owned by the City and developed for park purposes, it is appropriate for it to have the zoning classification be "I, Institutional" to implement and correspond wifh , the "Institutional''land use designation of the Comprehensive Plan. ' 5. Adverse _Impacts. There are no significant adverse impacts associated with the proposal. A Determination of Non-Significance (DNS) was issued under City file SEP17-D014 on September 19, 2017. The comment period ended October 3, 2017! and the appeal period ended October 17, 2017. No comments or appeals were received. CONCLUSIONS OF LA1N Procedural: � 1. Authoritv of the Planning Commission. ACC 18.68.030(B)(2) grants the Planning Commission with the authority to review and make a reeommendation to the Gity Council on rezone requests if the rezone is initiated by the City. Substantive: 2. C_omprehensive Plan Land Use Map Desiqnation. The Comprehensive Flan Land Use Map designation for the four the four parcels is ``Light Industrial" and the Land Use Map designation for the other parcel is "Institu#ional", 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the p�oponents 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, mora.ls or welfare. See Ahmann-Yamane, LL-C v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change oficircumstances has occurred is not required. Id. at 112. The proposed rezone from "DUC, Downtown Urban Center" to "M1, Light Industrial" and from "R-20, Residential Zone 20 Units to the Acre'' to "I, Institutional" clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the eomprehensive plan, as the comprehensive plan land use map designations for the parcels are "Light Industrial" and the Land Use Map Ordinance No. 6675 February 12, 2018 Page 5 designation for the other parcel is "Institutional", respectively. The proposed zoning appropriately implements the land use designations. 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 at the same time being consistent with the developed status of the properties and uses. 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 sha11 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 legislafion. 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. MAR 5 2018 INTRODUCED: -• _ . _ PASSED: . MAR . 5 2D1$ APPROVED: MAR 5 2018 NA CY BAC , Mayor -------------------------- Ordinance No. 6675 February 12, 2018 Page 6 ATTEST: �� - Danielle E. Daskam, - City Clerk APPR D A FORM: �` D iel B. Hei , City Attorney � ` �" � � e�� .� Published: Yl�(� � ��-��'�''t� Ordinance No. 6675 February 12, 2018 Page 7