HomeMy WebLinkAboutItem VIII-A-5WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Ordinance No. 5847 June 1, 2004
Department: Planning Attachments: Budget Impact:
Ordinance No. 5847
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5847.
Back.qround Summary:
Ordinance No. 5847 would authorize the request of Greg Swain/Bill Moffett to rezone two (2) lots, each
approximately 18,750 square foot from the existing designation of R-3, Two-Family (Duplex) Residential
to C-3, Heavy Commercial. The subject lots are located on the north side of the 23rd Street SE right-of-
way, approximately 400-feet east of its intersection with "A" Street SE.
HE\ORD-RES\ORD5847
L0617-1
03.8 REZ04-0003
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: DYes []No Call for Public Hearing __/__/__
Referred to Until / /
Tabled Until / /
Councilmember: Singer Staff: Krauss
Meeting Date: June 7, 2004 Item Number: VlII.A. 5
AUBURN * THAN YOU IMAGINED
ORDINANCE NO. $ 8 4 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY C)F
AUBURN, WASHINGTON, PROVIDING FOR THE REZONING C)F
TAX PARCELS 869520-0056 AND 869520-0057, CHANGING THE
ZONING CLASSIFICATION FROM R-3 (TWO-FAMILY
RESIDENTIAL) TO C-3 (HEAVY COMMERCIAL)
WHEREAS, Application No. REZ04-0003 has been submitted to the City
of Auburn, Washington, by Bill Moffet, requesting the rezoning of tax parcels
869520-0056 and 869520-0057 from R-3 (TWO-FAMILY RESIDENTIAL} to C-3
(HEAVY COMMERCIAL) and hereinafter described below and as identified on
Exhibit "A" attached hereto and incorporated in this Ordinance by this reference;
and
WHEREAS, said request above referred to the Hearing Examiner for
study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review, held a
public hearing to consider the request in the Council Chambers of Auburn City
Hall on April 20, 2004, at the conclusion of which hearing and after
consideration of a request for reconsideration, the Hearing Examiner
recommended the approval of the rezoning of said property; and
WHEREAS, the City Council, on May 17, 2004, considered said request
and affirmed the Hearing Examiner's recommendation for rezone based upon
Ordinance No. 5847
June 1, 2004
Page !
the Amended Findings of Fact and Conclusions of Law and Decision, a copy of
which is attached hereto, marked as Exhibit "B" and incorporated hereiln; and
WHEREAS, after due consideration, and for each of the reasons set
fodh in said Exhibit "B," the recommendation of the Hearing Examiner to the
Auburn City Council on this rezone application is approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section I. Rezone. The tax parcels 869520-0056 and 869,~i20-0057,
consisting of 18,750-square foot lots, identified on said Exhibit."A," the same is
hereby rezoned from R-3 (TWO-FAMILY RESIDENTIAL) to C-3, (HEAVY
COMMERICAL).
Section 2. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect the validity
of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 3. Recordin,q. Upon the passage, approval and publication
of this Ordinance as provided by law, the City Clerk of the City of Auburn shall
O~inance No. 5847
June 1, 2004
Page 2
cause this Ordinance to be recorded in the office of the King County Auditor,
Division of Records and Elections.
Section 4, Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section $. Effective date, This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
Ordinance No. 5847
June 1, 2004
Page 3
City Attorney
Ordinance No. 5847
June 1, 2004
Page 4
EXHIBIT "A"
Legal Description:
Tax Lot 869520-0056 the East 1/2 of the west 1/2 of Lot 7 Tmesen's First Addition to
Auburn, according to the plat thereof in volume 29 of plats, page 46, records of King
County Washington
Tax Lot 869520-0057 the West 1/2 of the west 1/2 of Lot 7 Truesen's First Addition to
Auburn, according to the plat thereof recorded in volume 29 of plats, page 46, records
of King County Washington
Ordinance No. 5847
June 1, 2004
Page 5
EXHIBIT "B"
BEFORE THE HEARING EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
Bill Moffet
For Approval for a Rezone.
NO. REZ04-0003
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the Auburn City Council APPROVE the request to
rezone tax parcels 869520-0056 and 869520-0057 from Two-Family Residential (R-3) to Heavy
Commercial (C-3), subject to conditions.
SUMMARY OF RECORD
Request
Bill Moffet (Applicant) on behalf of Greg Swain (Property Owner) requested a rezone of tax
parcels 869520-0056 and 869520-0057 from Two-Family Residential (R-3) to Heavy
Commercial (C-3). The subject parcels are two contiguous 18,750-square foot lots located on the
north side of 23rd Street SE, approximately 400 feet east of the intersection of"A" :Street SE in
Auburn, Washington.
Hearing Date
The Hearing Examiner for the City of Auburn held an open record hearing on the request on
April 20, 2004.
Testimony
The following individuals presented testimony under oath at the open record hearing:
1. Mr. Sean Martin, City of Auburn Planner
2. Mr. Bill Moffet, Applicant/Property Owner's Representative
3. Mr. Michael Bocatch
Exhibits
The following exhibits were admitted into the record:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Staff Report dated April 9, 2004
Vicinity Map
Rezone Application
Site Plan
SEPA Checklist Application
Notice of Application
SEPA Final Determination of Nonsignificance
Notice of Public Hearing
Exhibit 9
Exhibit 10
Exhibit 11
Application for Lot Line Adjustment (conceptual)
Zoning Map
Comprehensive Plan Map
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
The Applicant requested a rezone of tax parcels 869520-0056 and 869520-0057 from
Two-Family Residential (R-3) to Heavy Commercial (C-3). The subject parcels are two
contiguous 18,750-square foot lots located on the north side of 23ra Street SE,
approximately 400 feet east of the intersection of"A" Street SE in Auburn, Washington.
Exhibit 1, page 1; Exhibit 2; Exhibit 3.
The subject parcels are located on the boundary between the R-3 and C-3 zones.
Properties to the north and west of the subject parcels are zoned C-3, and properties to the
east of the subject parcels are zoned R-3. The properties to the south of the subject
parcels (across 23r°Street SE) are zoned Residential Manufactured Home ['ark (R-MHP).
Exhibit 1, page 2; Exhibit 2; Exhibit 10.
The subject parcels are located in a transitional area on the boundary between two
Comprehensive Plan designations. Generally, the Comprehensive Plan designation
transitions from "Heavy Commemial" in the northwest corner of the parcels to "Moderate
Density Residential'! in the southeast corner of the parcels. The majority of the parcels
are within the "Moderate Density Residential" designation. However, City planning staff
submitted that the Comprehensive Plan boundaries are designed to be general and not
parcel-specific. Staff submitted that a Comprehensive Plan amendment would not be
required for the requested rezone. Exhibit 1, page 1; Exhibit 11; Testimony of Mr. Martin.
The northern portion of the subject parcels consists of a fenced and graveled storage area.
The southem portion of Parcel No. 869520-0057 contains a vacant single-family
residence. The property to the north of the subject parcels is developed with a fence
company and storage area. The property to the west of the subject parcels is developed
with a single-family residence and storage area. The property to the east of the subject
parcels is developed with a single-family residence. The property to the south of the
subject parcels is developed with a mobile home park. Exhibit 1, page 2; Exhibit 5, page
10.
The subject parcels have historically been used as a contractor storage and staging area.
In 1987 the City rezoned the parcels from Heavy Industrial (M-2) to R-3 as part of a
major zoning overhaul. The pre-existing commercial use of the property continued after
the rezone, although the use is not allowed under R-3 zoning. Commemial operations
ceased approximately one year ago in response to code enforcement proceedings. The
~ See Exhibit 3, page 7 for full legal description of the parcels.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-O003
Page 2 of 4
10.
Applicant seeks to rezone the parcels to C-3 in order to reestablish commercial use.
Exhibit 1, page 2; Exhibit 3; Testimony of Mr. Martin; Testimony of Mr. Moffet.
Thc purpose of the C-3 zone is to "provide for the location of and grouping of enterprises
which may involve some on-premises retail service but with outside activities and display
or fabrication, assembling, and service features." The zone "is intended to accommodate
uses which are oriented to automobiles either as the mode or target or producing the
commercial service." ACC 18.30. 010. Section 18.30.020(M) of the Auburn City Code
(ACC) identifies "building contractor services, including storage yards" as a permitted
use in the C-3 zone. ACC 18.30.020.
During the 2003 Comprehensive Plan update, the Applicant sought a Comprehensive
Plan amendment to re-designate the eastern portions of the subject parcels to "Heavy
Commercial". The City denied the request because the addition of commercial traffic to
23rd Street SE would be inconsistent with the Comprehensive Plan. Exhibit 1, page 3.
The purpose of the "Heavy Commercial" Comprehensive Plan designation is "to provide
automobile oriented commercial areas to meet both the local and regional need for such
services." Comprehensive Plan, page 14-11. The criteria for designation read as follows:
This designation should only be applied to areas which are highly accessible to
automobiles along major arterials. Generally this category would cl~taracterize
commercial strips. This zone is appropriate for the intersections of highly traveled
arterials, even if adjacent sims are best suited for another commercial designation.
Comprehensive Plan, page 14-12. The Transportation element of the City of Auburn
Comprehensive Plan classifies "A" Street SE, to the west of the subject parcels, as a
"Principal Arterial". Comprehensive Plan, page 7-5; Exhibit 1, page 3. However, 23rd
Street SE is an unclassified street that would be developed to "Local Residential"
standards if fully improved. Exhibit 1, page 2. The subject parcels currently have access
only from 23ra Street SE. Exhibit 2; Exhibit 4.
The Applicant proposes to address the access issue through a Boundary Line Adjustment
(BLA). With the BLA the northern portion of thc parcels would be incorporated into a C-
3-zoned parcel to the north that has frontage on 21st Street SE, and the southern portion of
the parcels would be incorporated into a C-3-zoned parcel to the west that has frontage on
"A" Street SE. Exhibit 9.
The C-3-zoned parcel to the west of the site has approximately 375 feet of ti'ontage on
23ra Street SE (between "A" Street SE and the subject parcels). Exhibit 4. Staff
recommended as a condition of rezone approval that access points from 23r'~ Street SE be
limited to a distance of 375 feet east of"A" Street SE. Such a condition would ensure that
commercial access onto 23rd Street SE would not extend further east than the current
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-O003
Page 3 of 4
"Heavy Commercial" zoning and Comprehensive Plan boundaries.2 Exhibit 1, page 5;
Exhibits 10 and 11; Testimony of Mr. Martin.
11.
Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn acted as lead
agency for review of environmental impacts caused by the proposal. The City issued a
Determination ofNonsignificance (DNS) on March 16, 2004. Exhibit 7.
12.
The City issued a Notice of Application on March 2, 2004 (Exhibit 6) and a subsequent
Notice of Public Hearing (Exhibit 8). Exhibits 6 and 8. Public comment on the proposal
related to potential impacts to the mobile home park on the south side of 23rd Street SE,
and to concern that the C-3 zone would be stretched too far beyond current boundaries.
One of the specific concerns was that commercial development of the parcels would
necessitate widening 23ra Street SE. The witness was concerned that mobil,: home units
would be eliminated if additional right-of-way was taken from the south side of 23rd
Street SE, and that the road improvements would increase the tax burden on residents.
Testimony of Mr. Bocatch.
13.
The City of Aubum Public Works Department has already identified the road
improvements that would be required for commercial development of the site. The
improvements would be constructed within the existing right-of-way, and would be
limited to the length of 23rd Street SE between the access driveway and "A" Street SE.
The required road section would include a 24-foot wide paved roadway to ensure
adequate two-way travel for commercial traffic, and a five-foot wide pedestrian path.
Exhibit 1, pages 3-4. City planning staffemphasized that the City does not intend to
require road widening as a condition of development approval. Because co~mnercial
traffic would not have reason to travel east on 23rd Street SE, required road
improvements would be limited to the west end of the street. Staff also emphasized that
the existing C-3 lot with 375 feet of frontage on 23rd Street SE would be entitled to
develop commercially regardless of the requested rezone~ Testimony of Mr. Martin.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted authority to make a recommendation to the Aubm'n City
Council on rezone applications pursuant to RCW 35.63.170 and ACC 18.68.130.
Criteria for Review
For a rezone application to be approved, the Applicant must show the following:
1. The rezone is consistent with the Comprehensive Plan;
2. The rezone was initiated by someone other than the City; and
3. Changes or modifications to the rezone by the Hearing Examiner or City Council will not
result in a more intense zone than the one requested.
The C-3 parcel to the west of the site has existing access points on 23ra Street SE. Exhibit 4.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-O003
Page 4 of 4
ACC 18~68.030 and 18.68.050.
In addition to the criteria set forth in the Auburn City Code, the rezone application must be
consistent with state law. In the landmark decision Parkridge v. Seattle, 89 Wn.2d 454, 573 P.2d
359 (1978), the Washington Supreme Court identified the following criteria:
1. There is no presumption of validity favoring the action or rezoning;
2. The proponents of the rezone have the burden of proof in demonstrating that conditions have
changed since the original zoning;
3. The rezone must bear a substantial relationship to the public health, safety, morals, or
welfare.
Conclusions Based on Findings
With conditions of approval requiring completion of the BLA and restricting access on
23rd Street SE, the proposed rezone would be consistent with the City of Auburn
Comprehensive Plan. The subject parcels are located in a transitional area between two
Comprehensive Plan designations. After BLA approval, the majority of the new parcels
would be zoned C-3 and designated "Heavy Commercial". The BLA would ensure that the
parcels have access to "A" Street SE, 23rd Street SE and 21st Street SE through existing
commercial areas. With a condition of approval limiting access points on 23r° Street SE to
within 375 feet of"A" Street SE, the rezone would not extend the potential commercial
traffic load on 23r° Street SE farther east than under the current zoning designation. This
change in circumstance remedies the prior conflict between the requested C-3 zoning
designation and the Comprehensive Plan. Findings of Fact Nos. 1, 2, 3, 4, 7, 8, 9 & 10.
2. The City of Auburn did not initiate the proposed rezone. Finding of Fact No. 1.
Changes of modification to the proposed rezone by the Hearing Examiner will not
result in a more intense zone than the one adopted. The conditions of approval
recommended by the Hearing Examiner would not result in a more intense zone than the
zone requested. The recommended conditions would minimize the impact of the requested
rezone on nearby residential parcels. Findings of Fact No. 10.
4. The proposed rezone bears a substantial relationship to the public health, safety,
morals, or welfare of the community. The rezone would allow development that is
consistent with the historic use of the parcels and the land use to the north of the parcels. The
primary concern raised in public comment was that the rezone and future development of the
rd .
site would precipitate the widening of 23 Street SE. However, staff provided credible
testimony that (1) it is unlikely that widening of the entire length of23ra Street SE would
ever be required; (2) the required road improvements would likely be limited to the portion
of the property frontage between the access driveway and "A" Street SE; and (3) with the
condition of approval limiting access points to within 375 feet of"A" Street SE, the "risk" of
road widening due to commercial development of the rezoned parcels would not be
significantly greater than the risk of road widening under current zoning. Even without the
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-O003
Page 5 of 4
requested rezone, the parcel to the west of the subject parcels would be entitled to develop in
accordance with C-3 standards. Road and driveway requirements imposed by the City in
conjunction with development of the site would minimize the potential for conflicts between
the commercial traffic and existing residential vehicular and pedestrian traffic. Findings of
Fact Nos. 4, 5, 9, 1 O, 12 & 13.
5. With the proposed Boundary Line Adjustment, circumstances have chang:ed since the
establishment of the current zoning district. The BLA would ensure that the parcels have
access to "A" Street SE, 23ra Street SE and 21st Street SE through existing C-3 parcels. With
a condition of approval limiting access points on 23ra Street SE to within 375 t~:et of"A"
Street SE, the rezone would not extend the potential commercial traffic load on 23rd Street SE
farther east than under the current zoning designation. This change in circumstance remedies
the prior conflict between the requested C-3 zoning designation and the Comprehensive Plan.
Findings of Fact Nos. 7, 8, 9 & 10.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request to rezone tax parc, els 869520-
0056 and 869520-0057 from Two-Family Residential (R-3) to Heavy Commercial (C-3) should
be APPROVED, subject to the following conditions:
The Applicant shall obtain City approval of a Boundary Line Adjustment, generally
consistent with the application identified as Exhibit 9, and record said Boundary Line
Adjustment before the C-3 zoning designation becomes effective.
Commemial ingress and egress points along 23rd Street SE shall be limited to within 375
feet of "A" Street SE. This condition shall not relieve the Applicant from compliance
with any other applicable driveway location requirements.
Decided this 4th day of May 2004.
LeAnna C. Toweill
City of Auburn Hearing Examiner
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-O003
Page 6 of 4