HomeMy WebLinkAbout5526ORDINANCE NO. 5 5 2 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, PURSUANT TO RCW 36.70A.390 ESTABLISHING
INTERIM C-2 (CENTRAL BUSINESS DISTRICT) ZONING FOR CERTAIN
PROPERTIES WITHIN PORTIONS OF DOWNTOWN AUBURN AS DEFINED BY
THIS ORDINANCE, ADOPTING FINDINGS OF FACT, AND SETTING A DATE
FOR A PUBLIC HEARING ON THE INTERIM C-2 (CENTRAL BUSINESS
DISTRICT) ZONING.
WHEREAS, the City of Auburn adopted a Comprehensive Plan which
complies with the Washington State Growth Management Act (GMA) on April 17,
1995; and
WHEREAS, the Comprehensive Plan designates Downtown Auburn as a
Special Planning Area; and
WHEREAS, preparation of a Downtown Plan has been underway since
October 1997; and
WHEREAS, the Auburn Downtown Plan has been prepared as an
integrated SEPA/GMA document that includes both the Plan and an
Environmental Impact Statement (EIS); and
WHEREAS, the Auburn Downtown Plan and Draft EIS was issued on
December 7, 2000; and
WHEREAS, a 60 day Draft EIS public comment period concluded on
February 5, 2001, and preparation of a Final EIS will follow; and
Ordinance No. 5526
March 13, 2001
Page 1
WHEREAS, the Auburn Planning Commission held a public hearing on the
Auburn Downtown Plan on February 6, 2001 and made its recommendation to the
Auburn City Council on February 13, 2001; and
WHEREAS, adoption of the Auburn Downtown Plan will include
recommended revisions to the Zoning Ordinance and Zoning Map and will replace
the need for interim zoning; and
WHEREAS, the current zoning designations within Downtown will allow
development that is incompatible with the Downtown Plan; and
WHEREAS, RCW 36.70A.390 establishes a process whereby the City can
establish interim zoning controls; and
WHEREAS, the City Council passed Ordinance Numbers 5193 and 5194
on December 7, 1998, which established interim C-2 zoning map changes and
concomitant amendments in Downtown Auburn; and
WHEREAS, the City Council passed Ordinance Number 5210 revising the
interim zoning map change under Ordinance No. 5194 on February 1, 1999; and
WHEREAS, the City Council passed Ordinance Number 5324 on
December 6, 1999, extending the interim zoning changes and concomitant
amendments to Auburn City Code Chapter 18.28 entitled "C-2" Central Business
District' for Downtown Auburn for a period of one year; and
Ordinance No. 5526
03/13/0113, 2001
Page 2
WHEREAS, the City Council passed Ordinance Number 5337 on January
18, 2000, amending the time period extension of the interim zoning and
concomitant amendments to Auburn City Code Chapter 18.28 passed under
Ordinance 5324 from one year to six months, as allowed by RCW 36.70A.390;
and
WHEREAS, the City Council held a public hearing pursuant to RCW
36.70A.390 on interim amendments to the Auburn City Code creating a new ACC
Section 18.28.060 entitled "Development Standards for Parking Garages" on
January 18, 2000; and
WHEREAS, the City Council passed Ordinance Number 5343 on February
7, 2000, adopting amendments to Auburn City Code Chapter 18.28 entitled "C-2
Central Business District' by adding a new Section 18.28.060 entitled
"Development Standards for Parking Garages" on an interim basis which set forth
new development standards for parking garages; and
WHEREAS, the City Council held a public hearing and passed Ordinance
5393 extending the interim C-2 zoning and concomitant amendments pursuant to
RCW 36.70A.390 including those amendments to Auburn City Code Section
18.28.060 entitled "Development Standards for Parking Garages" for a period of
six months on June 5, 2000; and
Ordinance No. 5526
March 13, 2001
Page 3
WHEREAS, the City Council passed Ordinance Number 5481 on
December 4, 2000 extending the interim zoning of C-2 (Central Business District)
on properties within portions of Downtown Auburn and concomitant amendments
to Auburn City Code Chapter 18.28 entitled "C-2" (Central Business District) for a
period of six months; and
WHEREAS, the City Council held a public hearing on Ordinance Number
5481 pursuant to RCW 36.70A.390 on December 18, 2000; and
WHEREAS, the City Council passed Ordinance Number 5510 on February
5, 2001 adopting interim amendments to Auburn City Code Chapter 18.28 (C-2
Central Business District) Section 18.28.040 entitled "Development Standards"
Section 18.28.050 entitled "Supplemental Development Standards" and Section
18.28.060 entitled "Development Standards for Parking Garages" to allow
increased building heights and provide development standards for buildings and
parking garages on an interim basis; and
WHEREAS, the City Council held a public hearing pursuant to RCW
36.70A.390 on the subject of interim amendments to Auburn City Code Chapter
18.28 revising Section 18.28.040 entitled "Development Standards", Section
18.28.050 entitled "Supplemental Development Standards" and Section 18.28.060
entitled "Development Standards for Parking Garages" to allow increased building
heights and provide development standards for buildings and parking garages
Ordinance No. 5526
03/13/0113, 2001
Page 4
located in the C-2 Central Business District on an interim basis on February 20,
2001; and
WHEREAS, interim zoning can ensure that development that occurs
between now and plan adoption and implementation will be compatible with that
Plan; and
MITSI
and
WHEREAS, this interim zoning is consistent with the Comprehensive Plan;
WHEREAS, this ordinance does not have an adverse environmental effect;
WHEREAS, the interim zoning map change is recommended by the City of
Auburn Department of Planning and Community Development based upon the
Findings of Fact as set forth below.
FINDINGS OF FACT
1. The City of Auburn established a Downtown Task Force in October
1997 comprised of citizens and business owners to assist the City and its
consultants on the development of a new Downtown Plan.
2. In the course of development of the Plan, open houses attended by
over one hundred people were held and interviews conducted with over 60
individuals to gather public input into the Plan development.
3. A Downtown Plan and Draft EIS has been developed and was
issued December 7, 2000.
A summary of the work plan for the project identifies the following steps remaining
to adopt the Downtown Plan and final zoning amendments:
• Downtown Plan and Environmental Impact Statement: Provide public comment
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March 13, 2001
Page 5
opportunities; prepare Final Environmental Impact Statement (FEIS); and adopt
the Downtown Plan.
• Zoning Amendments: Prepare implementing zoning code amendments; prepare
environmental review documents and processes; provide public comment
opportunities, and adopt implementing zoning amendments.
4. Existing ordinances and regulations dealing with downtown
development do not ensure that future new downtown development will be
consistent with the Downtown Plan and Draft EIS dated December 7, 2000.
5. Interim zoning and certain amendments to Auburn City Code
Chapter 18.28 entitled "C-2 Central Business District' was established on
December 7, 1998 by the City Council through the adoption of Ordinance
Numbers 5193 and 5194, and as revised by Ordinance Number 5210 passed
February 1, 1999, and extended by Ordinance 5324 passed December 6, 1999,
and amended by Ordinance 5337 passed January 18, 2000, and amended by
Ordinance 5343 passed February 7, 2000, and extended by Ordinances 5393 and
5481 pursuant to RCW 36.70A.390, and amended by Ordinance 5510 passed
February 5, 2001. This interim zoning will ensure that new development which
occurs prior to adoption and implementation of the Downtown Plan is consistent
with the Plan;
6. The application of interim zoning of C-2 (Central Business District) to
properties generally located on the north and south sides of West Main Street
from D Streets NW/SW and H Street NW (not including West Auburn High
School) as set forth in the attached Exhibit "A" is consistent with the
redevelopment goals and recommendations of the Downtown Plan and with the
"Downtown" land use map designation for these properties as contained on the
adopted City of Auburn Comprehensive Plan Map;
7. Amendment to the zoning map to establish Interim C-2 zoning for
certain properties as set forth in the attached Exhibit "A" shall run for a time period
concurrent with interim changes established by Ordinance 5481.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5526
03/13/0113, 2001
Page 6
Section 1. Purpose. All properties lying within the area designated as
receiving the C-2 (Central Business District) designation on an interim basis as set
forth in Exhibit "A" attached hereto and incorporated by reference, shall conform to
the provisions of the C-2 (Central Business District) zoning designation.
Section 2. Public Hearing. In accordance with RCW 36.70A.390, the
City Council will conduct a public hearing on Monday, April 2, 2001 and does
adopt the Findings of Fact as set forth above to justify the interim zoning map
change as set forth in the attached Exhibit "A" until June 13, 2001 or until new
land use regulations governing development in Downtown take effect, whichever
is sooner. The process for completing the Downtown Plan will include:
continuation of the public process to receive additional community and property
owner input; preparation of proper environmental review documents; and,
implementation of Area Zoning designating properties with zoning categories
consistent with the Downtown Plan.
Section 3. Public safety, health and general welfare. The Auburn City
Council finds that this ordinance is necessary to protect the public safety, health
and general welfare.
Section 4. Severability: If any section, subsection, sentence, clause,
phrase or word of this ordinance should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such. invalidity or unconstitutionality thereof shall
Ordinance No. 5526
March 13, 2001
Page 7
not affect the validity or constitutionality of any other section, subsection,
sentence, clause, phrase or work of this ordinance.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 6. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED: larch 19, 2001
PASSED: March 19, 2001
APPROVED:
Pi�r-
CHARLES A. BOOTH
MAYOR
Ordinance No. 5526
03/13/0113, 2001
Page 8
ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
Published: J02a 0200
Ordinance No. 5526
March 13, 2001
Page 9
Ordinance 5526
Exhibit "A"
CITY OF AUBURN
° INTERIM ZONING MAP AMENDMENT
IN PROPOSED CHANCE AREA
SCALE: I" = 200' % EXISTING ZONING
Pl NEW ZONING LocMW In: SW 32-72-05