HomeMy WebLinkAbout6116ORDINANCE NO. 6116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RELATING TO PLANNING; ADOPTING ZONING MAP
AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN AND
AMENDING THE CITY'S ZONING MAPS ACCORDINGLY
WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive
Plan by Resolution No. 1703 which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State
Growth Management Act; and
WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action
by Ordinance No. 4788; and
WHEREAS, Comprehensive Plan map and text amendments were processed
by the Planning, Building, and Community Department as proposed Year 2006
amendments to the City of Auburn Comprehensive Plan and the City of Auburn
adopted the 2006 Comprehensive Plan amendments on November 20, 2006 by
Ordinance No. 6064; and
WHEREAS, the environmental impacts of the Year 2006 Comprehensive Plan
amendments were considered in accordance with procedures of the State
Environmental Policy Act; and
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Ordinance No. 6116
August 14, 2007
Page 1
WHEREAS, the environmental impacts of the A Street SE Corridor Rezone
were considered in accordance with the procedures of the State Environmental
Policy Act; and
WHEREAS, .the proposed amendments were transmitted to the Washington
State Office of Community Development and other State agencies for the 60 day
review period in accordance with RCW 36.70A.106; and
WHEREAS, the City of Auburn held an open house inviting property owners
within the rezone area on May 31, 2007; and
WHEREAS, after proper notice published in the City's official newspaper at
least ten (10) days prior to the date of hearing, the Auburn Planning Commission on
June 5, 2007 conducted public hearings on the proposed A Street SE Corridor
Rezone; and
WHEREAS, at the public hearing the Auburn City Planning Commission heard
public testimony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the Auburn City Planning Commission made
recommendations to the City Council on the proposed A Street SE Corridor Rezone;
and
WHEREAS, on August 13, 2007 the Planning and Community Development
Committee of the Auburn City Council reviewed the Planning Commission's
recommendation and made a recommendation to the City Council; and
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Ordinance No. 6116
August 14, 2007
Page 2
WHEREAS, on August 20, 2007, the Auburn City Council considered the
proposed A Street SE Corridor Rezone as recommended by the City of Auburn
Planning Commission; and
WHEREAS, in 2005 the City of Auburn brought together a focus group of
diverse business and community interests that identified several economic
development areas within the City. The focus group's effort is reflected in an
Economic Development Strategies document that includes strategies and actions
needed to affect necessary change for specific strategy areas within the City as
adopted by Resolution No. 3944 by the City Council. Implementation of these
strategies is intended to enable the City to achieve the City's economic development
potential. Implementation of actions and strategies in the Economic Development
Strategies is appropriate and reflected in various proposed amendments to various
chapters; and
WHEREAS, the A Street SE Corridor Strategy area calls for enhancing the
economic vitality of A Street SE by recognizing A Street SE is a high volume traffic
corridor and additional traffic should not be used as a rationale to preclude
development, and the logistics of implementation calls for the change of industrial
properties to commercial while protecting the area's interior residential
neighborhoods; and
WHEREAS, on June 19, 2006 the City of Auburn City Council adopted
Resolution No. 4049, Vision 2016, which outlines numerous goals of the City Council
to accomplish over the next ten years; and
Ordinance No. 6116
August 14, 2007
Page 3
WHEREAS, the City is endeavoring to anticipate such changes as reflected in
the Vision for the community, rather than reacting to market trends; and
WHEREAS, the City of Auburn does not have a designated
manufacturing/industrial center per the King County Countywide Planning Policies;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The A Street SE Corridor Rezone, Exhibit A, is herewith adopted
and approved and it is herewith directed that they 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 designated as a basis for
the exercise of substantive authority under the Washington State Environmental
Policy Act by the City's responsible environmental official in accordance with RCW.
43.21 C.060.
Section 3. The Findings and Conclusions, Exhibit B, outlined in the Agenda
Bill are herewith. adopted and it is herewith directed that they be filed along with this
Ordinance with the Auburn City Clerk and be available for public inspection.
Section 4. The WHEREAS statements outlined in this ordinance are
herewith adopted as findings and it is herewith directed that they be filed along with
this Ordinance with the Auburn City Clerk and be available for public inspection.
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
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Ordinance No. 6116
August 14, 2007
Page 4
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 shall 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 directions of this legislation to
include incorporating into one document the adopted Zoning map amendment,
attached hereto as Exhibit "A" and preparing and publishing the amended
Comprehensive Zoning Map.
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.
INTRODUCED:
PASSED:
APPROVED:
AUG 2 0 2007
AUG 2 0 2007
AUG 2 0 2007
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PETER B. LEWIS,
MAYO R
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Ordinance No. 6116
August 14, 2007
Page 5
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published: C ~~,~ ~ - ~ G /'7
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Ordinance No. 6116
August 14, 2007
Page 6
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CITY LIMITS - R3 TWO-FAMILY (DUPLEX) RESIDENTIAL DISTRICT ~~ M1 LIGHT INDUSTRIAL DISTRICT
PROPOSED AREA CHANGE R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT - M2 HEAVY INDUSTRIAL DISTRICT
EXISTING 20NING - C1 LIGHT COMMERCIAL DISTRICT - P1 PUBLIC USE DISTRICT
R2 SINGLE-FAMILY RESIDENTIAL DISTRICT - C3 HEAVY COMMERCIAL DISTRICT i INSTITUTIONAL USE DISTRICT
CITY OF
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WASHINGTON
EXHIBIT `B'
AGENDA BILL APPROVAL FORM
Agenda Subject: REZ07-0001 A Street SE Corridor Date: August 14, 2007
Department: Planning, Attachments: Ordinance No. 6116; Budget Impact: N/A
Building, and Community SEPA checklist and determination;
Chapter 18.26 C-1 (Light
Commercial); Chapter 18.30 C-3
(Heavy Commercial); Public Hearing
Notice; CTED letter
Administrative Recommendation:
Cit Council introduce and ado t Ordinance No. 6116.
Background Summary:
During the 2006 Comprehensive Plan Amendment cycle, the A Street SE Corridor, which encompasses
land approximately from 8th Street SE to 17th Street SE between A Street SE and B Street SE, was
initially proposed fora "Light Commercial" land use designation. At the conclusion of the comprehensive
plan annual update a "Heavy Commercial" land use designation was approved for this area by the City
Council
As part of the planning process, a public meeting with business and property owners along A Street SE
was held on June 20, 2006 to discuss various land use designation options and an appropriate boundary
between residential uses to the east and commercial uses to the west along A Street SE. There were 32
people in attendance. Additionally, a written survey form was used to gather information about land use
changes. Eleven completed survey forms were received with no clear direction.
The Planning Commission held a public hearing to consider the zoning change for the A Street SE
Corridor on December 18, 2006 but did not make a recommendation to the City Council. Planning
Commission requested staff to conduct a second open house with the neighborhood involved in the
rezone to receive comments and feedback on the proposed rezone to C-3, Heavy Commercial. The open
house was held on May 31, 2007.
The Comprehensive Plan Land Use Map, which is component of the Comprehensive Plan, illustrates the
future land use pattern of the city and is implemented by the mapped zoning classifications (development
regulation).
03.8 REZ07-0001 L0820-1
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: Osaki
Meetin Date: Au ust 20, 2007 Item Number: VIII.A.5
~~ $ MCUIZ E TI-IAN YOC.7 IMAGINED
Agenda Subject: REZ07-0001 A Street SE Corridor Date: August 14, 2007
During the public hearing, several spoke on the proposed rezone. The primary concerns of the proposal
were the proximity of commercial to the adjacent residential zones and Terminal Park Elementary, the
uses allowed in the C-3 zone versus the C-1 zone, and would single family residential become non-
conforming uses. The Planning Commission, at the June 5, 2007 public hearing, recommended approval
to change properties zoned R-3 (Two-Family Residential) that front A Street SE to C-3 (Heavy
Commercial) and the remaining properties to B Street SE zoned R-3 to C-1 (Light Commercial).
At the July 23, 2007 Planning and Community Development Committee, discussion was on the Planning
Commission and their thought process on arriving at the recommendation to rezone properties that front
A Street SE to C-3, and the remaining properties to B Street SE to C-1. This recommendation still allows
consolidation of lots for a slightly larger development as well as auto uses through the condition use
permit process. The Planning and Community Development Committee concurred with the Planning
Commission recommendation at their August 13, 2007 meeting.
When amending the comprehensive plan, development regulations (i.e. zoning ordinances/designations)
can be done simultaneously or at a later date. However, development regulations are required to be
brought into conformance with comprehensive plan (per RCW 36.70A.040). A Comprehensive Plan is
generally atwenty-year horizon planning document that outlines goals and policies for how a city wants to
develop in the future. Development regulations are the specific standards that implement the goals and
policies of the comprehensive plan and achieve this consistency.
FACTS AND FINDINGS
1. RCW 36.70A.040 (Washington State Growth Management Act (GMA)) requires that
comprehensive plans and development regulations shall be consistent. (See note above.)
2. RCW 36.70A.030 defines development regulations as:
"Development regulations" or "regulation" means the controls placed on
development or land use activities by a county or city, including, but not
limited to, zoning ordinances, critical areas ordinances, shoreline master
programs, official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances together with
any amendments thereto. A development regulation does not include a
decision to approve a project permit application, as defined in RCW
36.706.020, even though the decision may be expressed in a resolution
or ordinance of the legislative body of the county or city.
3. SEPA determinations were issued for the proposed rezone as part of the comprehensive
plan amendment process. The Final Determination of Non-Significance was issued on
September 14, 2006 on the A Street SE Corridor for the comprehensive plan amendment
with no appeal filed. A Proposed Determination of Non-Significance was issued for the
proposed rezone on December 8, 2006. No comments were received. A Final
Determination of Non-Significance was issued on May 31, 2007.
4. The Planning Commission public hearing notice for the proposed rezone of the A Street SE
Corridor was mailed to affected property owners on May 18, 2007 and published in the
Seattle Times on May 25, 2007.
5. In November of 2005, the City Council approved Resolution No. 3944 which adopted an
Economic Development Strategies document for the City. This document was developed in
Page 2 of 4
Agenda Subject: REZ07-0001 A Street SE Corridor Date: August 14, 2007
conjunction with individuals in the City and Auburn region with expertise and experience in
the field of business and economic development. The Economic Development Strategies
document outlines several recommendations for areas throughout the City intended to build
on the City's economic base, particularly in response to changing market conditions
throughout the region. Each area includes a series of strategies and logistics to be
responsive to the changing nature of the marketplace.
6. The Auburn City Council adopted Vision 2016 by Resolution No. 4049 on June 19, 2006.
This Vision outlines numerous goals of the City Council to be accomplished over the next
ten years. The city's adoption of the Economic Development Strategies document
implements goals of Vision 2016.
7. Pursuant to RCW 36.70A.106, the A Street SE Corridor Rezone was sent to the Washington
State Office of Community, Trade, and Economic Development (CTED) and other state
agencies as required for the 60-day state review as part of the 2006 Zoning Map
Amendments. No comments were received from CTED or other state agencies.
8. The Planning, Building, and Community Department held an open house on the proposed A
Street SE Corridor rezone on May 31, 2007.
9. Planning Commission held a public hearing on June 5, 2007. Eight people testified at the
public hearing. The main concerns are intrusion of heavy commercial into the residential
zoning east of B Street SE, traffic, ability to refinance homes, loss of housing, and proximity
to Terminal Park Elementary.
10. The proposed rezone was reviewed by the Planning and Community Development
Committee at their July 23, 2007 and August 13, 2007 meetings.
11. The proposed rezone was reviewed by the Public Works Committee at their August 13,
2007 meeting.
CONCLUSIONS:
I. A Street SE Corridor
1. The rezone must be consistent with the Comprehensive Plan.
The A Street SE Corridor was part of the 2006 Comprehensive Plan amendment cycle. The
Planning Commission held a public hearing on October 3, 2006 for this area (along with the
other 2006 Comprehensive Plan Amendments) and recommended approval of a land use
change to "Light Commercial" for the A Street SE Corridor. Subsequently, the City Council
on November 20, 2006 approved a change in the land use designation to "Heavy
Commercial" for the A Street SE Corridor.
Rezones must be consistent with the comprehensive plan. Staff's recommendation is to
approve the proposed rezone that implements the comprehensive plan designation.
2. The rezone must be initiated by someone other than the City in order for the Hearing
Examiner to consider the request or initiated by the City in order for the Planning
Commission to consider the request.
Page 3 of 4
Agenda Subject: REZ07-0001 A Street SE Corridor Date: August 14, 2007
The proposed rezone for the A Street SE Corridor is initiated by the City of Auburn and
processed as an area wide rezone. Please note that the proposed A Street SE Corridor
rezone was proposed last year as part of the 2006 Zoning Map Amendments. However, an
additional open house was requested to be held prior to Planning Commission re-
considering the proposed rezone. Area wide rezones are reviewed and a public hearing
held by the Planning Commission (per ACC 18.68.030). The Planning Commission makes a
recommendation to the City Council, who makes the final decision.
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)):
3. Conditions in the area must have changed since the original zoning was established.
The A Street SE Corridor encompasses properties located south of 8th Street SE to 17tH
Street SE and between A and B Streets SE. Vision 2016 calls for A Street SE to be rezoned
and redeveloped as a cohesive commercial corridor. A zoning designation of Heavy
Commercial (C-3) implements that vision by expanding commercial development east to B
Street SE. Other regulations may need to be reviewed such as street access, landscaping,
and design, to address the potential impacts of Heavy Commercial (C-3) zoning adjacent to
residential areas. It has also been suggested by staff that an "access management plan" be
drafted for the A Street SE corridor since additional commercial zoning is being added to a
heavily traveled corridor.
4. The proposed rezone must bear a substantial relationship to the general welfare of
the community.
The City Council adopted Vision 2016 by Resolution No. 4049 which outlines numerous
goals for economic development, infrastructure improvements, and annexations. Vision
2016, Vision for fhe Future, calls for various strategy areas to be developed for future
commercial use. One way to implement this goal is to rezone properties designated "Heavy
Commercial" on the Comprehensive Land Use Map to Heavy Commercial (C-3). This vision
is for the Auburn community as a whole, and for the economic vitality of the city.
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