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HomeMy WebLinkAbout6022 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ~ LG\>."-i \.;'-. --- u.-....-\\' \\ 1111I -- -- --- IT ~~J3- \'d ge) Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 1111111111111111111 20060616002694 PACIFIC NW TIT ORD 42 00 PAGE001 OF 011 . 06/16/2006 15:43 KING COUNTY, WA 1. Rezone (Ordinance No. 6022) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page _ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Centioli Family LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, ran That portion of Lots 13 and 14, Block 15 CD Hillman's Auburndale Addition l':8J Additional legal is on page -1L- of document. Assessor's Property Tax Parcel/Account Number 333990-0631, 333990-0775, and 333990-0780 D Assessor Tax # not yet assigned ORDINANCE NO.6 0 2 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CHANGE OF ZONING FOR THE CENTIOLl FAMILY LLC FROM R-2 SINGLE FAMILY RESIDENTIAL AND R-4 MULTIPLE FAMILY RESIDENTIAL TO C- 1 LIGHT COMMERCIAL. WHEREAS, the City of Auburn received an application for a change in zoning from the existing R-2 Single Family Residential Zone (tax parcel 333990- 0631) and R-4 Multiple Family Residential (tax parcel 333990-0775 and the eastern half of tax parcel 333990-0780) to C-1 Light Commercial for properties commonly known as 722 - 1ih St. NE and 711 and 721 - 10th St. NE (City File No. REZ05-0005); and WHEREAS, on March 21, 2006, the Hearing Examiner conducted a duly noticed public hearing on the matter and on March 31, 2006, issued a decision recommending the City Council approve the rezone, with no conditions; and WHEREAS, final approval is appropriate for City Council action; and WHEREAS, based on the review given this conditional use permit by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. The Applicant requests a rezone of all or part of three tax parcels to Light Commercial (C-1). Tax parcel 333990-0631 is zoned Single-Family Residential (R-2) and is 19,180 square feet in size. The property is vacant and is located at 722 - 12th Street NE, Auburn, Washington. Tax parcel 333990-0775 is zoned Multi-Family Residential (R-4) and is 8,850 square feet in size. The property is developed with a single-family residence and Ordinance No. 6022 April 26, 2006 Page 1 of 9 is located at 721 - 10th Street NE. Tax parcel 333990-0780 has split zoning codes. The eastern portion of the parcel is zoned R-4 and the western portion of the parcel is zoned C-1. The Applicant seeks only to rezone the eastern portion of the parcel, or approximately 4,315 square feet, from R-4 to C-1. The propert~ is developed with a single-family residence and is located at 711 - 10 h Street NE. Exhibit 1, Staff Report, Pages 1-2; Exhibit 2a, Site Map; Testimony of Mr. Pilcher. 2. Pursuant to Washington's State Environmental Policy Act (SEPA), RCW 43.21 C, the City of Auburn acted as lead agency for the identification and review of the environmental impacts caused by the proposed rezone and the future commercial development. The City issued a Determination of Non-Significance (DNS) on February 21, 2006. Exhibit 1, Staff Report, Page 3; Exhibit 9, DNS. 3. Surrounding land use of the parcels includes vacant land and a Kentucky Fried Chicken restaurant to the west, multi-family residential to the south, a mixture of single and multi-family residential to the east, and a commercial parking lot to the north. Exhibit 1, Staff Report, Page 2. 4. The City of Auburn Comprehensive Plan designation for the subject property and surrounding properties to the north and west is Light Commercial. Surrounding properties to the south and east are designated as High Density Residential and/or Single-Family Residential. Exhibit 1, Staff Report, Page 2. 5. The purpose of the C-1 zone in Auburn is to provide for a grouping of uses that are considered compatible uses and the uses have common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone encourage leisure shopping, provides amenities conducive to attracting shoppers, and represents the primary commercial designation for small to moderate scale commercial activities that attract pedestrian-oriented activities. ACC 18.26.010; Exhibit 1, Staff Report, Page 3. 6. The requested rezone would facilitate future commercial use of the subject property. Near the location of the subject properties, the Applicant owns a total of eight parcels, including the parcels subject to this rezone. The total acreage for all of the parcels is 2.6 acres. The Applicant has proposed future development of the eight parcels with three buildings, Ordinance No. 6022 April 26, 2006 Page 2 of 9 totaling approximately 25,000 square feet of retail space. The Applicant asserted that in order to attract national chain retailers, additional land was required to accommodate the required parking and associated landscaping that both the future tenants and the City would require. Exhibit 1, Staff Report, Page 2-3; Exhibit 3, Rezone Application; Testimony of Mr. Pilcher. 7. The parcels are all located approximately one block from Auburn Way North, a major arterial. During SEPA review, public comments were received in regards to potential traffic impacts on the surrounding residential neighborhoods. In particular, concern was raised about the possibility of 11th Street NE providing access to the commercial development. City Staff stated that 11 th Street NE is not a through street and terminates prior to reaching the Applicant's property. As depicted on Exhibit 2, several privately held intervening lots would prevent access to the site from 11 th Street NE. Further review of traffic impacts would occur during site plan review for the commercial development. Exhibit 1, Staff Report, page 3; Exhibit 2, Vicinity Map; Testimony of Mr. Pilcher; Testimony of Ms. Moore, Testimony of Mr. Moore, Testimony of Ms. Haugen. 8. The Applicant's eight parcels are bordered on the north by 12th Street NE and on the south by 10th Street NE; both streets are designated as local access streets. To the east of the site, 12th Street NE is closed at its intersection with Harvey Road, an arterial, thereby limiting traffic flow on this street. A connection is provided between Harvey Road and Auburn Way North via 10th Street NE, which, unlike 12th Street NE, has no access restrictions. Access to the future commercial development would be from Auburn Way North. The Applicant stated that they have no intent to provide access to the site from either 10th Street NE or 1 ih Street NE. Exhibit 1, Staff Report, page 3; Testimony of Mr. Popelka; Testimony of Mr. Moore. 9. In order to screen the commercial use from residential uses, ACC 18.26.040(1) requires landscaping within the C-1 zone. ACC 18.50.050(D) requires a five-foot wide, Type III landscaped strip along street frontages and a five-foot wide, Type II landscaped strip where the site is adjacent to a R-2 or R-4 zoning district. Type II landscaping is intended to create a visual separation between different uses or zones and is to consist of evergreen and deciduous trees (50% or less may be deciduous). Type III landscaping is intended to provide a visual separation Ordinance No. 6022 April 26, 2006 Page 3of9 of uses from the street and compatible uses and is to consist of evergreen and deciduous trees (75% or less may be deciduous). ACC 18.50.050(0); ACC 18.50.040(B)-(C); Exhibit 1, Staff Report, page 3; Testimony of Mr. Pilcher. 10. All existing structures would be demolished to accommodate future commercial development of the parcels. Exhibit 1, Staff Report, Page 2. 11. Public comments were received on the proposal. Comments pertained to the transformation of this area of Auburn from residential to commercial development, traffic impacts, and an increase in crime. Mr. Curtis Moore and Ms. Dora Moore, tenants at the existing residence located at 721 - 10th Street (Parcel 333990-0775), testified that the residence was constructed in 1947 and that the surrounding neighborhood is residential, not commercial. They urged denial of the rezone and protection of the residences in the area. Testimony of Ms. Moore, Testimony of Mr. Moore, Testimony of Ms. Haugen. 12. The Applicant asserts that the rezone is justified because: (1) the City's Comprehensive Plan designation for the site is Light Commercial; (2) the site is located across the street from properties which are subject to the North Auburn Business District Plan, adopted in 1982; (3) traffic on Auburn Way North has substantially increased over the year making the area less desirable for single-family living. Exhibit 1, Staff Report, Pages 3-4; Exhibit 3, Rezone Application. 13. As required by RCW 36.70A.106, notice of the rezone application was provided to the Washington State Department of Community, Trade and Economic Development and other state agencies on August 24, 2005. No comments have been received from any state agency. Exhibit 1, Staff Report, Page 3. 14. Notice of the open record hearing was mailed to properties within 300 feet of the site on March 9, 2006; posted on the subject property on March 10, 2006; and published in King County Journal on March 11, 2006. Exhibits 4, 5, 6, & 7 - Notice. Ordinance No. 6022 April 26, 2006 Page 4 of 9 CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on rezone applications pursuant to RCW 35.63.170 and ACC 18.68.130. Criteria for Review In order to approve a rezone, the Hearings Examiner must find that the following criteria, as set forth in ACC 18.68, are satisfied: 1. The rezone shall be consistent with the Comprehensive Plan. 2. The rezone was initiated by a party, other than the City, in order for the Hearing Examiner to hold a public hearing and consider the request. 3. Any change or modification to the rezone request made by the Hearing Examiner or the City Council shall not result in a more intense zone than the one requested. In addition to the criteria set forth in the Auburn City Code, the rezone application must be consistent with state law. In the decision Parkridge v. Seattle, 89 Wn.2d 454 (1978), the Washington Supreme Court identified the following general criteria for rezone approval: 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. In more recent decisions the Supreme Court and the Court of Appeals have identified an exception to the second Parkridge criterion that is relevant to this case. In Bjarnson v. Kitsap County, 78 Wash. App. 840, 846 (1995), the court held that "where the proposed rezone ... implements policies of the comprehensive plan, changed circumstances are not required." The court adopted the rationale from the earlier decision Save Our Rural Environment v. Snohomish County that: If such implementation were not allowed to occur until physical or developmental circumstances in the area had changed, the new comprehensive plan might never be fulfilled: if an area is presently undeveloped and newly amended comprehensive plan calls for industrial Ordinance No. 6022 April 26, 2006 Page 5of9 development, no industrial development may occur until al least one rezone has been granted. Bjarnson, 78 Wash. App. at 846 (quoting Save Our Rural Environment v. Snohomish County, 99 Wash.2d 363, 370 (1983)). Because the City of Auburn criteria for rezone approval require that the rezone be consistent with the Comprehensive Plan, no analysis of changed circumstances is required. Conclusions Based on Findinqs 1. The proposed rezone is consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject property is Light Commercial. The requested C-1 zoning would implement this designation and provides justification for an assertion of "changed circumstances." Finding of Fact No.1, 4, 12; Bjarnson v. Kitsap County, 78 Wash. App. 840, 846 (1995) 2. The City of Auburn did not initiate the proposed rezone. The property owners, Centiolj Family LLC, initiated the proposed rezone in order to facilitate future commercial development of the site. Finding of Fact NO.1. 3. No modification of the proposed rezone is required. The requested C-1 zoning is compatible with the zoning of surrounding properties to the north and west and the Comprehensive Plan. The subject parcels are located within one block of Auburn Way North, a major arterial within a commercial corridor. The contemplated use of the site is compatible with the C-1 zoning designation and existing uses along the Auburn Way North corridor. Neither the City nor the Hearing Examiner is proposing any modification so the rezone. Findings of Fact Nos. 1, 3, 4, 5, 6, and 7. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. The subject parcels are in an area that is characterized by commercial development. Development of the site with retail commercial development would provide shopping opportunities that could assist in meeting the increasing demands of the community. Landscaping required by ACC would screen the commercial development from adjacent residential communities. Traffic impacts would be limited due to restricted access on local roadways. Environmental review was conducted pursuant to SEPA and a DNS was issued. Site specific development conditions would occur during site plan review of the Ordinance No. 6022 April 26, 2006 Page 6 of 9 commercial development. Findings of Fact Nos. 1, 2, 3, 4, 6, 7, 8, 9, 12; Parkridge v. Seattle, 89 Wn.2d 454 (1978). 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 requested to rezone tax parcel 333990-0631 from Single Family Residential (R-2) and tax parcel 333990-0775 and the eastern half of tax parcel 333990-0780 from Mutli-family Residential (R-4) to Light Commercial (C-1) is APPROVED, with no conditions. The properties are identified in Exhibit "A" attached hereto and incorporated herein. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity 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 nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Ordinance No. 6022 April 26, 2006 Page 7 of 9 Section 3. Recording. 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 Auditor. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. 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: MAY 1 2006 MAY 1 2006 PASSED: ~1 z~ ? PE ER B. LEWIS, MAYOR Ordinance No. 6022 April 26, 2006 Page 8 of9 ATTEST: A)tM~ t2~~ Danielle E. Daskam, City Clerk \l.b \ l -s~ e~' (h "-5 s I 2'-<:0 c., Ordinance No. 6022 April 26, 2006 Page 9 of 9 " 1. J 1 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PAKChL jj39w-v631: TIIAT PORTION OF LOTS 13 AND 14, BLOCK 15, C.D. HILLMAN'S AUBURNDALE ADDmON TO THE CITY OF SEATILE DMSION NO.2, ACCORDING TO THE PlAT TIIEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 92, IN KING COUNTY, WASHlNGTON, DESCRIBED AS FOllOWS: BEGINNING AT A POINT ON THE NORm LINE OF SAID LOT 13 WHICH IS DISTANT 1.78 FEET EAST OF TIIE NORlHWEST CORNER OF SAID LOT; TIIENCE SOUTIIERL Y TO A POINT ON THE sourn LINE OF SAID LOT 13 WHICH IS DISTANT 1.87 FEET EAST OF 1HE SOUTHWEST CORNER OF SAID LOT; TIIENCE EAST, ALONG TIlE SOlITH LIEN OF SAID LOTS 13 AND 14, TO A POINT 10 FEET WEST OFlHE SOUfHEAST CORNER OF SAID LOT 14; TIIENCE NORTII, ON A LINE PARALLEL TO THE EAST LINE OF SAID LOT 14, TO A POINT ON THE NORm LINE OF SAID LOT 14; TIffiNCE WEST, ALONG THE NORm LINE OF SAID LOTS 13 AND 14, TO THE POINT OF BEGINNING. PARCEL 333990-07S0: TIlE sourn 150 FEET OF LOT 43 AND THE sourn 150 FEET OF THE WEST HALF OF LOT 42, BLOCK 15, cn. HILLMAN'S AUBURNDALE ADDffiON TO THE CITY OF SEATILE DIVISION NO.2, ACCORDING TO THE PLAT TIIEREOF, RECORDED IN VOLUME 13 OF PlATS, PAGE 92, IN KING COUNTY, WASIDNGTON; . EXCEPT THE SOUTII 2.50 FEET TIIEREOF AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 9501310580. PARCEL 333990-0775: LOT 41 AND TIlE EAST HALF OF LOT 42, BLOCK 15, C.D. HlLLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATILE DIVISION NO.2, ACCORDING TO THE PlAT TIIEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 92, IN KING COUNTY, WASlllNGTON; EXCEPT THE NORm 150 FEET THEREOF; AND EXCEPT THE SOUTII 2.50 FEET TIIEREOF CONVEYED TO THE CITY OF AUBURN BY STATIJTORY WARRANTY DEED RECORDED JANUARYO 12,1994, UNDER RECORDING NUMBER 9410121873; (ALSO KNOWN AS PARCEL B, CITY OF AUBURN LOT LINE ADmSTMENT NUMBER 84-148, RECORDED UNDER RECORDING NUMBER 8403140210).