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HomeMy WebLinkAboutITEM VIII-A-3 RN AGENDA BILL APPROVAL FORM A Ugu f WASHINGTON Agenda Subject: Ordinance No. 6169, changing the zoning of city Date: property on B St. NW near 277th St. from P1 Public Use to M1 Light March 6, 2008 Industrial Case No.: REZ08-0002 Department: Planning, Building Attachments: Ordinance No. 6169; Budget Impact: N/A and Community map of proposed rezone; legal description Administrative Recommendation:. City Council introduce and adopt Resolution No. 6169. Background Summary: The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the Washington State Growth Management Act (GMA) requirements, as amended. The Auburn Comprehensive Plan has been amended annually each year since then to reflect changing conditions. Comprehensive plan amendments can be initiated by private citizens (privately-initiated) or by the City of Auburn (city-initiated). In 2007, the city initiated a map amendment for property located on B Street just south of 277th Street. This map amendment was proposed to reflect that the property was no longer needed for the S. 277th St. project and could therefore be sold to a private party. The City had been approached by an adjacent property owner who desires to purchase the land for industrial purposes. The Comprehensive Plan was subsequently amended last year to change the land use designation of the property from Public/Quasi-Public to Light Industrial. The proposed rezone would implement that land use decision. Pursuant to Auburn City Code 18.68.030.B.2, rezoning actions initiated by the City are considered by the Planning Commission, who makes a recommendation to the City Council. LOCATION: East side of B St. NW, south of S. 277th Street EXISTING LAND USE: Vacant COMPREHENSIVE PLAN DESIGNATION: Light Industrial L0317-1 03.8 REZ08-0002 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 ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: March 17, 2008 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Date: REZ08-0002: B Street Rezone from P1 to M1 March 6, 2008 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: Comprehensive Zoning Land Use Plan North Public/Quasi-public P1 Public Use Public right-of-way, vacant land South Light Industrial M1 Light Industrial Public right-of-way, single family residence East Light Industrial M1 Light Industrial Public right-of-way, vacant land West Light Industrial M1 Light Industrial B St. NW, railroad right-of-way EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance 6169 Exhibit 3Vicinity Map Exhibit 4 Legal Description and map A. Findings of Fact: 1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for amendments to locally adopted GMA comprehensive plans. Except in limited circumstances provided for in State law, comprehensive plan amendments shall be considered by the city or county legislative body no more frequently than once per year. 2. In 2007, the City of Auburn initiated an amendment to the Comprehensive Land Use Map to redesignate an approx. 10,000 property on the east side of B St. NW near S. 277th St. from Public/Quasi-Public to Light Industrial. 3. A SEPA addendum was issued on September 17, 2007 for the proposed comprehensive plan map amendment. A subsequent addendum for the rezoning action was issued on February 19, 2008. No comments were received. 4. The City of Auburn Planning Commission conducted a duly noticed public hearing on this request on March 4, 2008. 5. The proposed rezone affects lands that are currently publicly-owned, generally located east of B Street NW and south of 277th Street within the Auburn city limits. It affects portions of Parcel Numbers: 4297200120 and 4297200115. 6. During the 2006 Comprehensive Plan Amendment cycle, the City Council approved a land use change from Light Industrial to Public/Quasi-Public for 2.66± acres of land. These properties are currently City-owned, being purchased for right-of-way and storm drainage for the South 277th Street Project. During the time the 2006 amendment was being reviewed, the City received an offer to purchase the property. Concerns were expressed on whether the City could sell the property when the property was purchased for a road project. Those issues were resolved and in 2007, the City subsequently amended the Comprehensive Land Use Map to change portions of two parcels back to Light Industrial. The current rezoning action will make the zoning consistent with that amendment. 7. The prospective purchaser of the property remains interested in its acquisition, but only so long as the property is zoned for industrial use. Page 2 of 3 Agenda Subject: Date: REZ08-0002: B Street Rezone from P1 to M1 March 6, 2008 CONCLUSIONS: ACC Chapter 18.68 provides minimal criteria for approval of a rezone: The rezone must be consistent with the Comprehensive Plan. As noted, the Comprehensive Plan Map was amended last year to identify this site as Light Industrial. The M1 Light Industrial Zone District is identified as an appropriate zone district to implement that designation (Comprehensive Plan, pg. 14-15). In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 1. Conditions in the area must have changed since the original zoning was established. The current zoning was established just two years ago. However, subsequent court cases to Parkridge have determined that if a rezone is consistent with a Comprehensive Plan designation, it is not necessary to prove there has been a substantial change in conditions. The Comprehensive Plan designation was changed to Light Industrial as a result of the 2007 annual amendment process. 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. The rezone will allow for future development of the property in a manner consistent with other development in the area. The City has determined the property is not needed for any public purpose, so it would serve the public welfare to rezone it to a designation that will allow for development. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, the Planning Commission vote 7-0 at their March 4, 2008 regular meeting to recommend to the City Council approval of the rezone with no conditions of approval. Page 3 of 3 ORDINANCE NO.6 1 6 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CHANGE OF ZONING FROM P1 PUBLIC USE DISTRICT TO M1 LIGHT INDUSTRIAL DISTRICT WHEREAS, the City of Auburn initiated the process to change the zoning of an approximately 10,000 square foot City-owned parcel of land from P1 Public Use District to M1 Light Industrial District (portions of tax parcel numbers 4297200120 and 4297200115), located on the east side of B Street NW approximately 1-1/2 blocks south of 277th Street; and WHEREAS, pursuant to Section 18.68.030.B.2 Auburn City Code, City-initiated rezoning actions are considered by the Planning Commission and said body makes a recommendation to the Auburn City Council; and WHEREAS, on March 4, 2008, the Planning Commission conducted a duly- noticed public hearing on the proposed change in zoning and at the conclusion of said hearing, voted unanimously to recommend the City Council approve the rezone; and WHEREAS, final approval is appropriate for City Council action; and WHEREAS, based on review of this change in zoning by the Planning Commission, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for amendments to locally adopted GMA comprehensive plans. Except in limited circumstances provided for in State law, comprehensive plan amendments shall be considered by the city or county legislative body no more frequently than once per year. Ordinance No. 6169 March 7, 2008 Page 1 of 4 2. In 2007, the City of Auburn initiated an amendment to the Comprehensive Land Use Map to redesignate an approx. 10,000 property on the east side of B St. NW near S. 277th St. from Public/Quasi-Public to Light Industrial. 3. A SEPA addendum was issued on September 17, 2007 for the proposed comprehensive plan map amendment. A subsequent addendum for the rezoning action was issued on February 19, 2008. No comments were received. 4. The City of Auburn Planning Commission conducted a duly noticed public hearing on this request on March 4, 2008. 5. The proposed rezone affects lands that are currently publicly-owned, generally located east of B Street NW and south of 277th Street within the Auburn city limits. It affects portions of Parcel Numbers: 4297200120 and 4297200115. 6. During the 2006 Comprehensive Plan Amendment cycle, the City Council approved a land use change from Light Industrial to Public/Quasi-Public for 2.66± acres of land. These properties are currently City-owned, being purchased for right-of-way and storm drainage for the South 277th Street Project. During the time the 2006 amendment was being reviewed, the City received an offer to purchase the property. Concerns were expressed on whether the City could sell the property when the property was purchased for a road project. Those issues were resolved and in 2007, the City subsequently amended the Comprehensive Land Use Map to change portions of two parcels back to Light Industrial. The current rezoning action will make the zoning consistent with that amendment. 7. The prospective purchaser of the property remains interested in its acquisition, but only so long as the property is zoned for industrial use. CONCLUSIONS 1. The proposed rezone is consistent with the Comprehensive Plan. The Comprehensive Plan Map was amended in 2007 to designated this site Light Industrial. The M1 Light Industrial Zone District is identified as an appropriate zone district to implement that designation (Comprehensive Plan, pg. 14-15). 2. The proposed rezone bears a substantial relationship to the general welfare of the community. The rezone will allow for future development of the property in a manner consistent with other development in the area. The City has determined the property is not needed for any public purpose, so it would serve the public welfare to rezone it to a designation that will allow for development by a private party. Ordinance No. 6169 March 7, 2008 Page 2 of 4 NOW, THEREFORE, BASED ON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. The proposed change in zoning (Case File No. REZ08- 0002) from P1 Public Use District to M1 Light Industrial District, for property legally described as noted in Exhibit "A" attached hereto, is hereby approved, with no conditions. Section 2. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall 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 or 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 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after its passage, approval and publication of the Ordinance Summary. Ordinance No. 6169 March 7, 2008 Page 3 of 4 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk AP O E zor n B. ity Attorn PUBLISHED: Ordinance No. 6169 March 7, 2008 Page 4 of 4 Proposed Parcel Description Lots 8 through 13, inclusive, Block 3, Townsite of Lewisville, according to the plat thereof recorded in Volume 8 of Plats at page 72, in King County, Washington; Except that portion of said Lots 8 through 13 reserved for public road right of way lying west of the following described line: Commencing at "B" Street Northwest Stationing line 4+79.05 PC as shown on sheet 3 of 3 of Record of Survey filed in Volume 156 of Surveys at page 211B under recording number 20021205900008, Records of King County, Washington; Thence southeasterly to a point on the south line of said Lot 8 located at "B" Street Northwest Stationing 4+73.99 and 68.16 feet right, and the true point of beginning; Thence northerly to a point on the north line of said Lot 11 located at "B" Street Northwest Stationing 6+17.88 and 83.41 feet right; Thence northeasterly to a point located at "B" Street Northwest Stationing 6+34.48 and 92.66 feet right; Thence northeasterly to a point located at "B" Street Northwest Stationing 6+55.74 and 123.37 feet right; Thence northeasterly to a point on the east line of said Lot 13 located at "B" Street Northwest Stationing 6+63.76 and 144.30 feet right and the terminus of this line. Containing 12,099 square feet, more or less. Date 06/25/2007 0:\SURVEP\PROJECTS\C222A-277thStreet. _ \Proposed Parcel Description-2.doc A Portion of the NE 1 /4 of Section 36, C +1 .67 a 11 B ST NW 6+17.88 83.41' RT a rs??e 2 ,ire 4 O? \\e evV \ B ST NW 6+63.76 13 144.30' RT ? 3 3 B ST NW 6+55.74 ? 123.37' RT ? 12 BST NW 6+34.48 92.66' RT XST ? 5+58.85 V ST NW I Pc 4+ 10 Block 9 8 O? 3 'B ST NW 4+73.99 68.16' RT Reference: Record of Survey 20021205900008 and South 277th Street Reconstruction Project - Phase 1, Right of Way Plans prepared by W&H Pacific, Project number 562, contract 99-17, sheet 5 of 9, approved by Auburn City Engineer April 9, 2001 CITY OF AProposed UBuRN Parcel N SE 277 Street Project WASHINGTON PUBLIC WORKS DEPARTMENT Exhibit Drawing i°5/2 08/25/2007 Twp 22N, R4E, W.M.