HomeMy WebLinkAbout12-20-2017 HEARING EXAMINER AGENDAHEARING EXAMINER
December 20, 2017
5:30 p.m.
City Council Chambers
25 West Main Street
I.Case No:REZ17-0005 – Rezone
Applicant /
Owner:Alan Keimig
The Keiming Associates
216 “A” St. NW
Auburn, WA 98001
Request: File No. REZ17-0005:
Request to rezone a 7,500 sq. ft. parcel from R-7 Residential
Zone -Seven Dwelling Units per Acre) to DUC, Downtown Urban
Center for eventual conversion of the existing single-family
residence to an office (relocating The Keimig Associates from 216
“A” St. NW).
Project Location: 307 “D” St. SE, Auburn, WA. Approximately 130 ft. north of 4th St.
SE. King County Parcel No. 733140-0655.
II.Case No:VAR17-0008 – Variance
Applicant:Don Bieber
3407 Academy Dr SE
Auburn, WA 98092
Owner: Ron & Debra Trautwein
3407 Academy Dr. SE
Auburn, WA 98092
Request: Request for a Variance to decrease the R-7 Residential zoning
district minimum density standard of five (5) dwelling units (DUs)
to approximately three (3) DUs per net acre to accommodate a
future three lot short subdivision of an existing approximately 1.11-
acre property containing a single-family dwelling and large
detached garage.
Page 1 of 95
Hearing Examiner December 20, 2017
Page 2
Project Location: 3407 Academy Dr SE, the west side of Academy Drive SE,
approximately 1,500 feet north of the intersection with Auburn
Way S within NW ¼ of Section 27, T 21 N, R 05 E. King County
Parcel No. 2721059013.
Page 2 of 95
AGENDA BILL APPROVAL FORM
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation
Date: December 12, 2017
Department: Community
Development & Public Works,
Planning Services
Attachments: (See exhibit listing at
the end of this report)
Budget Impact: N/A
Administrative Recommendation: Hearing Examiner to conduct a public hearing and recommend to
City Council approval of The Keimig Associates Office Relocation rezone request, without conditions.
Background Information:
APPLICANT: Alan Keimig PROPERTY OWNER: Alan Keimig
The Keimig Associates The Keimig Associates
216 ‘A’ St. NW 216 ‘A’ St. NW
Auburn, WA 98001 Auburn, WA 98001
REQUEST: File No. REZ17-0005:
Request to rezone a 7,500 sq. ft. parcel from R-7 Residential Zone -Seven Dwelling
Units per Acre) to DUC, Downtown Urban Center for eventual conversion of the existing
single-family residence to an office (relocating The Keimig Associates from 216 ‘A’ St.
NW).
LOCATION: 307 ‘D’ St. SE, Auburn, WA. Approximately 130 ft. north of 4th St. SE. King County No.
733140-0655.
Reviewed by Council & Committees:
Arts Commission COUNCIL COMMITTEES:
Airport Finance
Hearing Examiner Municipal Serv.
Human Services Planning & CD
Park Board Public Works
Planning Comm. Other
Reviewed by Departments & Divisions:
Building M&O
Cemetery Mayor
Finance Parks
Fire Planning
Legal Police
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: Staff: Gouk
Meeting Date: December 20, 2017 Item Number:
Exhibit 1
Page 3 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 2 of 6
Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning Classification and
Current Land Use:
Comprehensive Plan
Designation Zoning Classification Current Land Use
Project Site DUC Downtown Urban
Center
R-7 Residential Zone –
Seven Dwelling Units per
Acre
Single-Family Residence
North DUC Downtown Urban
Center R-7 Residential Single-Family Residence
South DUC Downtown Urban
Center R-7 Residential Single-Family Residence
East DUC Downtown Urban
Center R-7 Residential Single-Family Residence
West DUC Downtown Urban
Center
DUC Downtown Urban
Center Burger King Restaurant
Excerpted Comprehensive Plan Land Map: Excerpted Zoning Map:
SEPA STATUS:
A Determination of Non-Significance (DNS) was issued under City File No. SEP17-0015 on November 9,
2017, see Exhibit 6. The comment period ended November 17, 2017 and the appeal period ended
December 11, 2017. One written comment letter was submitted, see Exhibit 8, with City response. No
appeal of the SEPA decision was received.
FINDINGS OF FACT:
1.Alan Keimig, of The Keimig Associates, property owner and Applicant, submitted a Rezone
application (a.k.a. zoning map amendment) and associated SEPA application on September 21, 2017
to rezone a 7,500 sq. ft. lot from R-7 Residential – Seven Dwelling Units per Acre which allows
between 5 and 7 dwelling units per acre, to DUC Downtown Urban Center (“Rezone”).
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Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 3 of 6
2.The subject property is located 307 ‘D’ St. SE, Auburn, WA, approximately 130 ft. north of 4th St. SE.
There is currently one single-family residence on the site which is proposed to remain and be
converted to a professional office for The Keimig Associates (architecture firm). The site is located
within the City of Auburn’s corporate limits, and referenced by King County Tax Assessor Parcel No.
(APN) 733140-0655 (“Site”).
3.Per Chapter 18.29 of the Auburn City Code (“ACC”), professional offices are not a prohibited use in
the DUC zoning district and are therefore permitted. The DUC zoning district is unique among City
zoning districts as it allows all land uses that are not specifically listed as subject to a land use
approval process, prohibited, or interpreted by the Director to be similar in general character to other
prohibited uses listed.
4.The Comprehensive Plan Land Use Designation for the Site is “Downtown Urban Center”, for which
the DUC Downtown Urban Center zoning designation is an appropriate implementing zone, as
identified on Page LU-7 of the Comprehensive Plan.
5.The Site is rectangular in shape, 50 ft. in width (east to west) and 150 ft. depth (north to south) with
no slope or other environmental issues.
6.The Site has an existing driveway off of ‘D’ St. SE which is proposed to remain and serve as the
required ADA accessible parking stall for the future professional office as well as provide one
additional stall in the driveway or garage. Three off-street parking stalls will also be provided from the
alley and an additional on-street parking stall will also be available on ‘D’ St. SE (ACC
18.29.060(H)(5) allows “On-street parking that is located directly adjacent to a development site may
be used to satisfy minimum parking requirements and shall not be included in determining maximum
surface parking allowances.”), for a total of 6 parking stalls to meet the minimum required. The
Applicant requested and was granted a deviation by the City Engineer from the Public Works Design
Standards that requires a project to take access only from the lower-classification roadway (the alley
in this case) as well as allowing the parking stalls in the rear to be less than 40 ft. from the right-of-
way (“ROW”).
7.‘D’ St. SE is classified as a “local residential” roadway and is currently fully built-out with on-street
parking allowed on one side (the west side). The paved width of ‘D’ St. SE is 28 ft. which keeps 20 ft.
of open pavement when a vehicle is parked on the street. The Site is located on the west side of ‘D’
St. SE and as indicated in ‘Findings of Fact’ No. 5, will be utilizing one on -street parking space to
satisfy zoning code minimum number of required parking.
8.The Site is in a neighborhood that is characterized as predominantly single-family homes along ‘D’ St.
SE. However, there is an existing professional office (dental office) 2 lots south at the corner of ‘D’ St.
SE and 4th St. SE and an apartment complex at the ‘D’ St. SE and 2nd St. SE intersection. The
properties to the west, across the alley, are commercial, including a Burger King drive -through directly
behind the Site.
9.As indicated by the Applicant in the narrative submitted with the application, the rezone has been
requested for the purposes of converting the existing house into a professional office for The Keimig
Associates (architectural services business).
10.The Site was included in the original incorporation of the City in 1890 and has retained a form of
residential zoning ever since. This contrasts with the mixed land use designation history. The
Comprehensive Plan Land Use Designation of the Site had a commercial designation from at least
1952 until a new Comprehensive Plan was adopted in 1986, which then changed the designation to a
residential category. In 2001 the Downtown Special Planning Area was adopted which included the
Site, however, the land use designation was not changed until the major overhaul of the
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Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 4 of 6
Comprehensive Plan was completed at the end of 2015, officially designating the sit e as “Downtown
Urban Center”. See Exhibit 9 for a visual representation of this timeline.
11.Per ACC 18.02.030(A), the intent of Title 18 ACC, “Zoning”, is to:
“…to implement the City’s Comprehensive Plan. This title will be used to further the growth and
development of the City consistent with the adopted Comprehensive Plan and its implementing
elements. This title will also further the purpose of promoting the health, safety, morals,
convenience, comfort, prosperity, and general welfare of the city’s popu lation and to prevent and
abate public nuisances.”
12.Per ACC 18.29.010, the DUC zone is intended to:
“… create a distinct and strong identity for downtown Auburn by establishing land use and design
standards for review of development proposals within the c ore area of the city of Auburn’s
designated urban center, in order to implement the city of Auburn downtown plan and the goals,
policies and objectives of the Auburn comprehensive plan. This zone is intended to produce a
concentration and mixture of commercial, office, medical, retail, residential and civic uses within
the downtown area; to encourage private and public investment, attract shoppers and visitors,
and appeal to existing and new residents; to provide a development pattern that supports
pedestrian movement, bicycles and use of public transit; and to provide opportunities to increase
the city’s tax base, thereby helping to fund public improvements and public services.”
13.A combined Notice of Application, Notice of Public Hearing, and Determination of Non-Significance
was issued on November 9, 2017 (Exhibit 7), a minimum of 10 days prior to the public hearing, as
required by ACC 18.68.040(B)(1)(a). The notices were also posted at the Site, mailed to adjacent
property owners within 300 ft. of the Site, and published in The Seattle Times, consistent with the
noticing requirements of ACC 14.07.040.
14.Per ACC 18.68.030(B), site-specific rezone requests by an applicant other than the City, that are
consistent with the Comprehensive Plan, shall have a public hearing before the City Hearing
Examiner who then makes a recommendation on the application to City Council. Staff finds that:
a.The property owner, Alan Keimig, is not the City and has filed an application requesting a rezone
of a single property;
b.The Rezone is consistent with the adopted Comprehensive Plan, as discussed in ‘Conclusions’
section below;
c.Site-specific rezones must be adopted by Ordinance by the City Council after a recommendation
by the City Hearing Examiner. The City Council may affirm, modify, or disaffirm the Hearing
Examiner’s recommendation.
CONCLUSIONS:
Chapter 18.68 ACC contains the intent and process for zoning code amendments, in this case a site-
specific zoning map amendment has been requested and shall be processed as outlined in ‘Finding of
Fact’ No. 14, above. Auburn City Code does not contain any specific rezone criteria for City Staff to
review; however, Case Law offers some rezone criteria:
Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001): proponents of a rezone must
establish that conditions have substantially changed since the original showing and that the
rezone must bear a substantial relationship to the public health, safety, morals or welfare;
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Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 5 of 6
provided, that a showing of a change of circumstances has occurred is not required if a rezone
implements the Comprehensive Plan.
Past decisions by the City Hearing Examiner have also used this criteria. Staff therefore provides the
following analysis of the Rezone (The criteria is underlined followed by a Staff Analysis):
1.Criterion that the rezone is in response to changes in conditions since original adoption, or
implements the Comprehensive Plan.
The Rezone request implements the Comprehensive Plan, and therefore the proponent (the Applicant)
does not need to show a change in conditions or circumstances. Staff provides the following analysis on
how the Rezone request implements the Comprehensive Plan:
On December 14, 2015 the City Council adopted Ordinance No. 6584, which included an area-
wide Comprehensive Plan Land Use change that included the subject property, changing the
Comprehensive Plan Land Use Designation from “Single-Family” to “Downtown Urban Center”,
reference ‘Findings of Fact’ No. 10, above for background.
The subject property meets the “Designation Criteria” for the Downtown Urban Center
Designation in that it is located within the boundaries of the “Urban Center” (Page LU-7 of the
Comprehensive Plan):
Downtown Urban Center Designation
Designation Criteria
Located within the Urban Center boundaries established by the King County Countywide
planning policies or within the Business Improvement Area Boundaries.
The subject Rezone request is to change from the “R-7, Residential Zone” to “DUC Downtown
Urban Center” (“DUC”). The change implements the Comprehensive Plan Land Use Designation
of Downtown Urban Center since the DUC zoning district is the only implementing zoning district
of the Downtown Urban Center Designation.
While approval of the rezone would allow any of the range of land uses authorized by the DUC
zoning district , the is requested to convert a single-family residence into a professional office that
is served by adequate public facilities and services. Although not determined to be an “historic
property”, based on conversations with the Applicant, they propose minimal alterations to the
exterior of the building and it will retain a residential character, compatible with other existing
properties along this stretch of ‘D’ St. SE. The Rezone therefore facilitates “adaptive reuse” that is
consistent with Land Use Goal 52 listed under the Downtown Urban Center Designation (Page
LU-8 of the Comprehensive Plan):
Downtown Urban Center
Policies
LU-52: Encourage adaptive reuse, particularly of historic properties.
Although the Applicant proposes to retain the existing structure, any future development would
need to meet the Floor Area Ratio (“FAR”) of the DUC zone as well as any applicable
requirements of the “Downtown Urban Center Design Standards” document.
Page 7 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 6 of 6
2. Criterion that rezone request bears a substantial relationship to the public health, safety, morals and
welfare.
Any development on the site would be required to provide adequate facilities of public and private
utilities such as water, sewer, and electricity, and would therefore it is not anticipated that the rezone
will be detrimental to the public health.
The Traffic Engineer has reviewed the requested deviations for parking and determined that no
adverse impacts are expected to public traffic safety. No other impacts to public safety are anticipated
through approval of the Rezone or future conversion of the residence to a professional office. The
conversion of the residence will be required to meet all applicable zoning, building, and fire codes
Neither the Rezone itself or the office conversion would allow an y uses or acts that would pose any
detrimental effects on the morals or welfare of the public.
STAFF RECOMMENDATION:
Based upon the application, accompanying materials, Findings of Fact, and Conclusions of this Staff
Report, Staff recommends that the Hearing Examiner recommend approval of the Rezone, with no
conditions, to the City Council.
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report
EXHIBIT LIST:
Exhibit 1. Staff Report
Exhibit 2. Vicinity Map
Exhibit 3. Rezone / SEPA Application Form
Exhibit 4. Rezone Site Plan, Prepared by The Keimig Associates, received 10/27/2017
Exhibit 5. Trip Generation Letter, received 10/27/2017
Exhibit 6. Written Statement From Applicant, received 9/21/2017
Exhibit 7. Notice of Application, Notice of Public Hearing, and Determination of Non-Significance, SEPA
Checklist Final Staff Evaluation
Exhibit 8. Trott SEPA Comment Letter with City Responses
Exhibit 9. Land Use Map History
Exhibit 10. Excerpts from the Adopted Comprehensive Plan
Exhibit 11. 2015 Aerial Photograph of the site and vicinity
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VICINITY MAP
Exhibit 2
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Exhibit 3
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Exhibit 4Page 16 of 95
HEATH & ASSOCIATES, INC Transportation and Civil Engineering
2214 Tacoma Road Puyallup WA 98371 (253) 770 1401 Fax (253) 770 1473 heathtraffic.com
October 26, 2017
Neil Eugenio
The Keimig Associates
216 A Street NW
Auburn, Washington 98001
Subject: Trip Generation Letter for Keimig Office
Mr. Eugenio:
This letter provides trip generation information for an office conversion from an existing house at
307 D Street SE in Auburn. The square footage for the new office is 2,025 square feet based on
our conversation.
The information for trip generation is taken from the ITE Trip Generation, 9th Edition and assumes
Land Use Code 210 for the existing single family dwelling and Land Use Code 710 for the office
use.
Building Use
The remodeled building will be repurposed to provide use as an architectural office with operations
primarily from 8 AM to 5 PM. Aside from employees, the building will be visited by clients
infrequently. Occupancy of the building in the evening will also take place from time to time
predicated on work load and deadlines for delivery of work product.
Existing Use – Trip Generation
As the attached worksheets show, the existing single family use, Land Use Code 210, would
generate the following:
AWDT = 10 vehicles per day
AM Peak Hour = 1 vehicle per hour
PM Peak Hour = 1 vehicle per hour
Exhibit 5
Page 17 of 95
2 Page 18 of 95
Detailed Average Rate Trip Calculations
For 1 Dwelling Units of Single Family Detached Housing(210) - [R]
Project: Keimig Office Open Date:
Phase: Analysis Date:
Description: Existing
_____________________________________________________________________________________
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
__________________________________________________________________________
Avg. Weekday 2-Way Volume 9.52 3.70 1.00 10
7-9 AM Peak Hour Enter 0.19 0.00 1.00 0
7-9 AM Peak Hour Exit 0.56 0.00 1.00 1
7-9 AM Peak Hour Total 0.75 0.90 1.00 1
4-6 PM Peak Hour Enter 0.63 0.00 1.00 1
4-6 PM Peak Hour Exit 0.37 0.00 1.00 0
4-6 PM Peak Hour Total 1.00 1.05 1.00 1
AM Pk Hr, Generator, Enter 0.20 0.00 1.00 0
AM Pk Hr, Generator, Exit 0.57 0.00 1.00 1
AM Pk Hr, Generator, Total 0.77 0.91 1.00 1
PM Pk Hr, Generator, Enter 0.65 0.00 1.00 1
PM Pk Hr, Generator, Exit 0.37 0.00 1.00 0
PM Pk Hr, Generator, Total 1.02 1.05 1.00 1
Saturday 2-Way Volume 9.91 3.72 1.00 10
Saturday Peak Hour Enter 0.50 0.00 1.00 1
Saturday Peak Hour Exit 0.43 0.00 1.00 0
Saturday Peak Hour Total 0.93 0.99 1.00 1
Sunday 2-Way Volume 8.62 3.36 1.00 9
Sunday Peak Hour Enter 0.46 0.00 1.00 0
Sunday Peak Hour Exit 0.40 0.00 1.00 0
Sunday Peak Hour Total 0.86 0.95 1.00 1
_____________________________________________________________________________________
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
3 Page 19 of 95
Detailed Average Rate Trip Calculations
For 2.03 Th.Sq.Ft. GFA of General Office Building(710) - [R]
Project: Keimig Office Open Date:
Phase:Analysis Date:
Description: Proposed
_____________________________________________________________________________________
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
__________________________________________________________________________
Avg. Weekday 2-Way Volume 11.03 6.15 1.00 22
7-9 AM Peak Hour Enter 1.37 0.00 1.00 3
7-9 AM Peak Hour Exit 0.19 0.00 1.00 0
7-9 AM Peak Hour Total 1.56 1.40 1.00 3
4-6 PM Peak Hour Enter 0.25 0.00 1.00 1
4-6 PM Peak Hour Exit 1.24 0.00 1.00 2
4-6 PM Peak Hour Total 1.49 1.37 1.00 3
AM Pk Hr, Generator, Enter 1.37 0.00 1.00 3
AM Pk Hr, Generator, Exit 0.19 0.00 1.00 0
AM Pk Hr, Generator, Total 1.56 1.40 1.00 3
PM Pk Hr, Generator, Enter 0.25 0.00 1.00 1
PM Pk Hr, Generator, Exit 1.24 0.00 1.00 2
PM Pk Hr, Generator, Total 1.49 1.37 1.00 3
Saturday 2-Way Volume 2.46 2.21 1.00 5
Saturday Peak Hour Enter 0.23 0.00 1.00 0
Saturday Peak Hour Exit 0.20 0.00 1.00 0
Saturday Peak Hour Total 0.43 0.72 1.00 1
Sunday 2-Way Volume 1.05 1.43 1.00 2
Sunday Peak Hour Enter 0.09 0.00 1.00 0
Sunday Peak Hour Exit 0.07 0.00 1.00 0
Sunday Peak Hour Total 0.16 0.44 1.00 0
_____________________________________________________________________________________
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
4 Page 20 of 95
THE KEIMIG ASSOCIATES
ARCHITECTS-PLANNERS
216 A STREET NW, AUBURN, WA 98001
(253) 939-3232, FAX (253) 735-1309
Re-zone Application
307 D Street SE, Auburn, WA 98002
APN# 733140-0655
Although the property located at 307 D Street SE is currently zoned withing the R7 Residential zone, it is located
within the Adopted Downtown Special Plan Area. Therefore its proposed rezone to a DUC (Downtown Urban
Center) would be a natural fit. In addition to already being located within the Downtown Special Plan Area, the
existing DUC zone boundary is immediately adjacent to the west.
All of the municipal services are already available to the site and its surrounding vicinity, especially to those of the
designate DUC zone. The proposed re-zone will not require any additional municipal services than what is already
provided. The intended professional office is low impact and will not require any more or less than a residential
use of the property.
Exhibit 6
Page 21 of 95
NOTICE OF APPLICATION (NOA)
NOTICE OF PUBLIC HEARING (NOH) and
DETERMINATION OF NON-SIGNIFICANCE (DNS)
The Keimig Associates Office Relocation
SEP17-0015 / REZ17-0005
The City of Auburn is issuing a Notice of Application (NOA), Notice of Public Hearing (NOH), and
Determination of Non-Significance (DNS) for the following described project. The permit applications
and listed studies may be reviewed at the Auburn Community Development & Public Works
Department at 1 E Main ST, 2nd Floor, Customer Service Center, Auburn, WA 98001.
Proposal: Rezone a 7,500 sq. ft. parcel from R-7 Residential (5-7 dwelling units per acre) to DUC,
Downtown Urban Center to allow for conversion of an existing single-family house into a
professional office.
Location: The project site is located at 307 ‘D’ St. SE, approximately 130 ft. north of 4th St. SE. King
County Assessor Parcel No. 733140-0655.
Notice of Application: November 9, 2017
Application Complete: October 16, 2017
Permit Application: September 21, 2017
File Nos. SEP17-0015
REZ17-0005
Applicant and Alan Keimig
Property Owner: The Keimig Associates
216 ‘A’ St. NW
Auburn, WA 98001
Studies/Plans Submitted With Application:
Conceptual Site Plan, by The Keimig Associates
Trip Generation Letter, by Heath & Associates
Other Permits, Plans, and Approvals Needed:
SEPA: None
Rezone: Hearing Examiner and City Council Approval(s)
Development: Tenant Improvement / Change of Use Permit
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public
Works Design and Construction Standards.
Lead Agency: City of Auburn
The lead agency for this proposal has determined that it does not have probable significant adverse
impact on the environment. An environmental impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency. This information is available to the public on request.
Exhibit 7
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NOTICE OF APPLICATION, NOTICE OF PUBILC HEARING, and DETERMINATION OF NON-SIGNIFICANCE
SEP17-0015 / REZ17-0005 (Continued)
Page 2 of 3
Public Comment Period: This may be your only opportunity to comment on the environmental
impact of the proposal. All persons may comment on this application. This DNS is issued under
WAC 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date issued
below. Comments must be in writing and submitted by 5:00 pm on November 27, 2017 to the
mailing address of 25 W Main ST, Auburn, WA, 98001, or to the email below. Any person wishing to
become a party of record, shall include in their comments that they wish to receive notice of and
participate in any hearings, if relevant, and request a copy of decisions once made.
Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk at 25
West Main Street, Auburn, WA 98001- 4998 within 14 days of the close of the comment period, or by
5:00 p.m. on December 11, 2017.
For questions regarding this project, please contact Thaniel Gouk, Senior Planner, at
tgouk@auburnwa.gov or 253-804-5031.
Public Hearing: December 20, 2017
RESPONSIBLE OFFICIAL: Jeff Tate
POSITION/TITLE: Assistant Director, Community Dev. & Public Works Dept.
ADDRESS: 25 West Main Street
Auburn, Washington 98001
253-931-3090
DATE ISSUED: SIGNATURE:
Note: This determination does not constitute approval of the proposal. Approval of the proposal can
only be made by the legislative or administrative body vested with that authority. The proposal is
required to meet all applicable regulations.
[Signature on File] November 9, 2017
Page 23 of 95
NOTICE OF APPLICATION, NOTICE OF PUBILC HEARING, and DETERMINATION OF NON-SIGNIFICANCE
SEP17-0015 / REZ17-0005 (Continued)
Page 3 of 3
Vicinity Map
Conceptual Site Plan
Subject Property
Page 24 of 95
FINAL STAFF EVALUATION FOR ENVIROMETNAL CHECKLIST (SEP17-0015)
Date: November 7, 2017
Project: The Keimig Associates Office Relocation
Applicant: Alan Keimig
The Keimig Associates
216 ‘A’ St. NW
Auburn, WA 98001
Property Owner: Same as Applicant
Location: The project site is located at 307 ‘D’ St. SE, approximately 130 ft. north of 4th
St. SE.
Parcel No. King County Parcel No. 733140-0655.
Parcel Size: 7,500 sq. ft.
Proposal: Rezone a 7,500 sq. ft. parcel from R-7 Residential (5-7 dwelling units per
acre) to DUC, Downtown Urban Center to allow for conversion of an existing
single-family house into a professional office.
Existing Zoning: R-7 Residential
Existing
Comprehensive
Plan Designation: Downtown Urban Center
A. BACKGROUND:
Pursuant to WAC 197-11-340(2), the City of Auburn is required to send any Determination
of Non-Significance (DNS) which may result from this environmental review, along with the
checklist, to the Washington State Department of Ecology (DOE), U.S. Army Corps of
Engineers, or other agencies with jurisdiction, affected tribes, and interested parties.
Therefore, the City will not act on this proposal for fifteen days after the issuance of a DNS.
8. Other Environmental Information: Other environmental information prepared or will be
prepared directly related to this proposal includes:
Conceptual Site Plan, prepared by The Keimig Associates
Trip Generation Letter, prepared by Heath & Associates
10. Other Approvals/Permits Needed:
SEPA: None
Page 25 of 95
Final Staff Evaluation for Environmental Checklist – SEP17-0015 (Continued)
Page 2 of 4
Rezone: Hearing Examiner and City Council Approval(s)
Development: Tenant Improvement / Change of Use Permit.
B. ENVIRONMENTAL ELEMENTS:
1. Earth: Concur with checklist.
The project site is essentially flat, with some areas containing slight slopes (~1%) There is
no prime farmland within or adjacent to the project site and the soils are classified as Urban
Land (Ur).
The site is currently developed with a single-family home and detached garage. The
Applicant proposes to convert the home into a professional office with approximately 4
employees.
2. Air: Concur with checklist.
Short term impacts on air quality, such as an increase in local suspended particulate levels,
may occur during construction activity associated with the project. To minimize short term
impacts to air quality, contract specifications will require the development and
implementation of dust and emission control measures such as watering and sweeping and
turning off equipment and vehicles when not in use, as consistent with the City’s
Construction Standards.
3. Water:
A. Surface: Concur with checklist.
No surface water bodies are located on or near this site.
B. Ground: Concur with checklist.
Stormwater will be controlled via existing facilities for the home (gutters, etc).
C. Runoff/Storm water: Concur with checklist.
Future development of the parking area may trigger some minor stormwater
requirements and will be reviewed with the tenant improvement plans.
D. Proposed Measures to Reduce or Control Surface, Ground, and Runoff Water
Impacts: Concur with checklist.
Best Management Practices (BMPs) will be employed during and after construction to
control any impacts to ground/surface/storm water.
4. Plants: Concur with checklist.
No threatened or endangered species are known to be on or near the site. Per the City’s
eGIS maps, there are no priority habitats or any other fish and wildlife habitat within
proximity of the project site.
Page 26 of 95
Final Staff Evaluation for Environmental Checklist – SEP17-0015 (Continued)
Page 3 of 4
D. Landscape Preservation and Use of Native Plants: Concur with checklist.
Minimal landscaping may be included with development of the small parking area, however,
none is proposed or required at this time.
5. Animals: Concur with checklist.
No threatened or endangered species are known to be on or near the site. Per the City’s
eGIS maps, there are no priority habitats or any other fish and wildlife habitat within
proximity of the project site.
6. Energy and Natural Resources: Concur with checklist.
Impacts to energy and natural resources will be consistent with what is expected for a
typical office use. The project will comply with applicable building and energy codes.
7. Environmental Health: Concur with checklist.
No environmental health hazards above normal construction activities are expected and risk
reduction measures consistent with the City’s Construction Standards will be implemented
and followed.
B. Noise: Concur with checklist.
No long-term changes to existing noise levels are anticipated. Short-term changes to noise
levels from construction should be expected; these activities will be subject to City noise and
construction hour standards.
8. Land and Shoreline Use: Concur with checklist.
The current zoning designation of R-7 Residential is not consistent with the Comprehensive
Plan Land Use Designation of Downtown Urban Center. The appropriate implementing
zoning district for the Downtown Urban Center designation is DUC, Downtown Urban
Center. The Applicant has requested a rezone to DUC which allows professional offices.
The Applicant is currently located at 216 ‘A’ St. NW, however, this lot has been sold to
MultiCare for their future expansion.
9. Housing: Concur with checklist.
The existing single-family residence will eventually be converted to a professional office.
10. Aesthetics: Concur with checklist.
Only minimal exterior changes (replacement of decks) is proposed at this time.
11. Light and Glare: Concur with checklist.
12. Recreation: Concur with checklist.
13. Historic and Cultural Preservation: Concur with checklist.
Page 27 of 95
Final Staff Evaluation for Environmental Checklist – SEP17-0015 (Continued)
Page 4 of 4
No historic or culturally sensitive places or objects are present on the site, nor would any be
affected by this project.
14. Transportation: Concur with checklist.
Access to the site will be the alley to the rear which will provide access for 3 of the required
4 parking stalls. One additional on-street parking stall will be provided on ‘D’ St. SE and one
ADA accessible stall within the existing driveway.
A Traffic Impact Analysis is not required for this project as it does not generate more than 30
new peak PM trips and, in addition, the Traffic Engineer has indicated that this rezone does
not necessitate a TIA. A Trip Generation letter was provided along with the application which
has been reviewed and approved of by the Traffic Engineer.
15. Public Services: Concur with checklist.
16. Utilities: Concur with checklist.
C. CONCLUSIONS:
The proposal can be found to not have a probable significant adverse impact on the
environment.
The City reserves the right to review any future revision or alterations to the site or to the
proposal in order to determine the environmental significance or non-significance of the project
at that point in time.
Prepared by: Thaniel Gouk, Senior Planner, Community Development and Public Works
Department, City of Auburn
Page 28 of 95
1
Thaniel Gouk
From:Thaniel Gouk
Sent:Tuesday, November 28, 2017 5:12 PM
To:'talk2trott@comcast.net'
Subject:RE: Submission of Public Comment - File Nos. SEP17-0015 / REZ 17-0005
Mr. and Mrs. Trott:
Thank you for the submittal of your comments in the email below. These will be included in the Staff Report to the
Hearing Examiner and City Council.
In response to some of your questions, please see the following information:
· Rezoning and how it will impact the rest of the block. Should this project move forward, it will isolate a private
residence between a dental office and this proposed project. Will a rezone create precedent for other single
family residences on the second block of D ST SE to become commercial? What is the City of Auburn’s plan for
our neighborhood?. Your neighborhood is currently zoned for R-7, Residential, however, the future land use map
(the “Comprehensive Plan”) shows the neighborhood as DUC, Downtown Urban Center. The DUC zone expands
to the east to ‘F’ St. SE, partially as shown in this image from the City’s GIS map:
Note that your property is the yellow circle, the proposed rezone property is outlined in cyan. If you would like to
view a full-size version of the map, please click here: Comprehensive Land Use Map. Although many of the
Exhibit 8
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existing properties in your neighborhood already have the DUC zoning applied, any that don’t could apply to have
their property changed as well. I would also point out that the development regulations in the DUC zone are
pretty restrictive (meaning in this case the look of the building and site are highly regulated) and at this point,
other than replacing the front porch, and adding a ramp and parking in the rear, no other changes are proposed
at this time by the owner/applicant.
· Traffic/Parking concerns. Proposal lists four parking spots on property, 22 vehicular trips per day, peak volumes
between 7-9am and 4-6 pm and four employees.
Plan calls out (1) additional on-street parking stall will be provided on ‘D’ St. SE. with potential “remediation” of
the drive apron along D Street. What does that entail?. Per Auburn City Code (ACC) Table 18.52.030(6),
“…nonresidential uses located adjacent to a public right-of-way where on-street parking is permitted may receive
credit for one off-street parking stall for each 22 linear feet of abutting right-of-way for parallel parking, excluding
curb cuts. This provision shall be applied for on-street parking on the same side of the street as the proposed land use.
All parking for employees must be provided on-site.” Based on the length of the frontage of the parcel and where legal
parking is allowed, one of the Code required parking stalls will be allowed to be accommodated on-street.
Remediation refers to the reconstruction of the driveway apron (curb cut) between ‘D’ St. SE and the driveway to
meet the requirements of the Americans with Disabilities Act (ADA).
Parking on D Street SE is already challenging to residents, as parking is available only on one side of the street and
is consumed by residents. ‘D’ St. SE is classified as a “local residential” street by the City, as such parking is only
allowed along one side of the street per the City’s Design Standards. Allowing parking along both sides of the
street would result in a driving land which is too narrow to safely accommodate two-way traffic and provide
adequate width for emergency vehicles.
On-street parking is a public resource available to anybody to use whether they reside on a specific street or not.
Allowing the business to use on-street parking is not anticipated to have any impact to the availability of on-street
parking relative to the existing residential use. If the property were to remain a single-family residence, the
residents would also be able to use the on-street parking along ‘D’ St. SE, and could potentially park more vehicles
for longer periods of time than the proposed office use, specifically overnight when residential parking demand is
at its highest level.
A street sign is posted entering the second block of D Street SE (north/heading south) saying; “NO TRUCKS”
“LOCAL DELIVERY ONLY”. If the City posted this sign as being necessary, due to street parking one side only
(creating a narrow road for two way traffic), how does the City account for increased commercial traffic/parking?
How would the business regulate customers who would park on the street and not in the parking spaces off the
alley? The local delivery signage is not associated with the width of the street and the presence of parking along
one side, but is to prevent the use of the street by commercial vehicles cutting through the neighborhood to
another destination. As a local residential street, ‘D’ St. SE is not designed or constructed to accommodate this
type of truck use, which is why it has been prohibited. The proposed office use is not anticipated to generate any
additional truck traffic, beyond those needed for the business to move in.
It is anticipated that the off-street parking would be used by employees of the business (as required in the Code
section identified above), with the on-street parking used by visitors. Provided that on-street parking associated
with the business is according to the regulations included in the Code, no regulation is required. Should the
parking be in violation of City parking regulations then parking enforcement can ticket vehicles as appropriate.
· Police emergency responders frequently drive down D Street SE at high speed , often with two to five vehicles in
succession. (This can be confirmed with the City of Auburn Police logs.) It isn’t a safe scenario for residences, let
alone commercial businesses. The conversion of the residence to a commercial-office use is not anticipated to
have any impact to the use of ‘D’ St. SE by emergency vehicles.
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3
· Signage. What will it consist of and what size? On the building or on the street? Lighted? No signage at this time
has been proposed, however, there will likely be some signage for the business. Signage within the DUC zone has
specific restrictions which does allow backlit signs and the sign areas is limited based on the size of the building
and lot.
Also, as was stated in the mailed notice you received, a public hearing before the Hearing Examiner is scheduled for
December 20, 2017. This hearing will held in the City Council Chambers at 7:00 PM and please feel free to attend and
participate (provide verbal comments).
Please feel free to reach out if you have any other questions.
Thaniel Gouk | Senior Planner
253-804-5031
From: Steve Trott [mailto:talk2trott@comcast.net]
Sent: Sunday, November 26, 2017 9:11 PM
To: Thaniel Gouk <tgouk@auburnwa.gov>
Subject: Submission of Public Comment - File Nos. SEP17-0015 / REZ 17-0005
To: Mr. Thaniel Gouk – Senior Planner
We wish to submit concerns and comments pertaining to the proposed rezone site located at 307 D ST SE, Auburn, WA.
Our single occupant residence is located at 220 D ST SE, Auburn, WA. It is a historic home built in 1913. We have lived
here since 1988. Several of our concerns are, but not limited to:
· Rezoning and how it will impact the rest of the block. Should this project move forward, it will isolate a private
residence between a dental office and this proposed project. Will a rezone create precedent for other single
family residences on the second block of D ST SE to become commercial? What is the City of Auburn’s plan for
our neighborhood?
· Traffic/Parking concerns. Proposal lists four parking spots on property, 22 vehicular trips per day, peak volumes
between 7-9am and 4-6 pm and four employees.
Plan calls out (1) additional on-street parking stall will be provided on ‘D’ St. SE. with potential “remediation” of
the drive apron along D Street. What does that entail?
Parking on D Street SE is already challenging to residents, as parking is available only on one side of the street
and is consumed by residents.
A street sign is posted entering the second block of D Street SE (north/heading south) saying; “NO TRUCKS”
“LOCAL DELIVERY ONLY”. If the City posted this sign as being necessary, due to street parking one side only
(creating a narrow road for two way traffic), how does the City account for increased commercial
traffic/parking? How would the business regulate customers who would park on the street and not in the
parking spaces off the alley?
· Police emergency responders frequently drive down D Street SE at high speed , often with two to five vehicles in
succession. (This can be confirmed with the City of Auburn Police logs.) It isn’t a safe scenario for residences, let
alone commercial businesses.
· Signage. What will it consist of and what size? On the building or on the street? Lighted?
Page 31 of 95
4
We do wish to receive notice of and participate in, any hearings relevant to this project, and request a copy of decisions
once made.
Steve and Debra Trott
220 D Street SE
Auburn, WA 98002
253.939.1957
253.486.8497 cell/Steve
talk2trott@comcast.net
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Exhibit 9
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LAND USE ELEMENT
COMMERCIAL L AND USE DESIGNATIONS
Character Sketch
Values
General Policies
Downtown Urban Center Designation
Exhibit 10
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CITY OF AUBURN COMPREHENSIVE PLAN
Neighborhood Commercial Designation
Page 36 of 95
Date: 12/11/2017
±The information included on this map has been compiled by King County staff from a variety of sources and issubject to change without notice. King County makes no representations or warranties, express or implied,as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intendedfor use as a survey product. King County shall not be liable for any general, special, indirect, incidental, orconsequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuseof the information contained on this map. Any sale of this map or information on this map is prohibited except bywritten permission of King County.
REZ17-0001 Aerial Map Exhibit 11
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AGENDA BILL APPROVAL FORM
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation
Date: December 12, 2017
Department: Community
Development & Public Works,
Planning Services
Attachments: (See exhibit listing at
the end of this report)
Budget Impact: N/A
Administrative Recommendation: Hearing Examiner to conduct a public hearing and recommend to
City Council approval of The Keimig Associates Office Relocation rezone request, without conditions.
Background Information:
APPLICANT: Alan Keimig PROPERTY OWNER: Alan Keimig
The Keimig Associates The Keimig Associates
216 ‘A’ St. NW 216 ‘A’ St. NW
Auburn, WA 98001 Auburn, WA 98001
REQUEST: File No. REZ17-0005:
Request to rezone a 7,500 sq. ft. parcel from R-7 Residential Zone -Seven Dwelling
Units per Acre) to DUC, Downtown Urban Center for eventual conversion of the existing
single-family residence to an office (relocating The Keimig Associates from 216 ‘A’ St.
NW).
LOCATION: 307 ‘D’ St. SE, Auburn, WA. Approximately 130 ft. north of 4th St. SE. King County No.
733140-0655.
Reviewed by Council & Committees:
Arts Commission COUNCIL COMMITTEES:
Airport Finance
Hearing Examiner Municipal Serv.
Human Services Planning & CD
Park Board Public Works
Planning Comm. Other
Reviewed by Departments & Divisions:
Building M&O
Cemetery Mayor
Finance Parks
Fire Planning
Legal Police
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: Staff: Gouk
Meeting Date: December 20, 2017 Item Number:
Exhibit 1
Page 38 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 2 of 6
Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning Classification and
Current Land Use:
Comprehensive Plan
Designation Zoning Classification Current Land Use
Project Site DUC Downtown Urban
Center
R-7 Residential Zone –
Seven Dwelling Units per
Acre
Single-Family Residence
North DUC Downtown Urban
Center R-7 Residential Single-Family Residence
South DUC Downtown Urban
Center R-7 Residential Single-Family Residence
East DUC Downtown Urban
Center R-7 Residential Single-Family Residence
West DUC Downtown Urban
Center
DUC Downtown Urban
Center Burger King Restaurant
Excerpted Comprehensive Plan Land Map: Excerpted Zoning Map:
SEPA STATUS:
A Determination of Non-Significance (DNS) was issued under City File No. SEP17-0015 on November 9,
2017, see Exhibit 6. The comment period ended November 17, 2017 and the appeal period ended
December 11, 2017. One written comment letter was submitted, see Exhibit 8, with City response. No
appeal of the SEPA decision was received.
FINDINGS OF FACT:
1. Alan Keimig, of The Keimig Associates, property owner and Applicant, submitted a Rezone
application (a.k.a. zoning map amendment) and associated SEPA application on September 21, 2017
to rezone a 7,500 sq. ft. lot from R-7 Residential – Seven Dwelling Units per Acre which allows
between 5 and 7 dwelling units per acre, to DUC Downtown Urban Center (“Rezone”).
Page 39 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 3 of 6
2. The subject property is located 307 ‘D’ St. SE, Auburn, WA, approximately 130 ft. north of 4th St. SE.
There is currently one single-family residence on the site which is proposed to remain and be
converted to a professional office for The Keimig Associates (architecture firm). The site is located
within the City of Auburn’s corporate limits, and referenced by King County Tax Assessor Parcel No.
(APN) 733140-0655 (“Site”).
3. Per Chapter 18.29 of the Auburn City Code (“ACC”), professional offices are not a prohibited use in
the DUC zoning district and are therefore permitted. The DUC zoning district is unique among City
zoning districts as it allows all land uses that are not specifically listed as subject to a land use
approval process, prohibited, or interpreted by the Director to be similar in general character to other
prohibited uses listed.
4. The Comprehensive Plan Land Use Designation for the Site is “Downtown Urban Center”, for which
the DUC Downtown Urban Center zoning designation is an appropriate implementing zone, as
identified on Page LU-7 of the Comprehensive Plan.
5. The Site is rectangular in shape, 50 ft. in width (east to west) and 150 ft. depth (north to south) with
no slope or other environmental issues.
6. The Site has an existing driveway off of ‘D’ St. SE which is proposed to remain and serve as the
required ADA accessible parking stall for the future professional office as well as provide one
additional stall in the driveway or garage. Three off-street parking stalls will also be provided from the
alley and an additional on-street parking stall will also be available on ‘D’ St. SE (ACC
18.29.060(H)(5) allows “On-street parking that is located directly adjacent to a development site may
be used to satisfy minimum parking requirements and shall not be included in determining maximum
surface parking allowances.”), for a total of 6 parking stalls to meet the minimum required. The
Applicant requested and was granted a deviation by the City Engineer from the Public Works Design
Standards that requires a project to take access only from the lower-classification roadway (the alley
in this case) as well as allowing the parking stalls in the rear to be less than 40 ft. from the right-of-
way (“ROW”).
7. ‘D’ St. SE is classified as a “local residential” roadway and is currently fully built-out with on-street
parking allowed on one side (the west side). The paved width of ‘D’ St. SE is 28 ft. which keeps 20 ft.
of open pavement when a vehicle is parked on the street. The Site is located on the west side of ‘D’
St. SE and as indicated in ‘Findings of Fact’ No. 5, will be utilizing one on -street parking space to
satisfy zoning code minimum number of required parking.
8. The Site is in a neighborhood that is characterized as predominantly single-family homes along ‘D’ St.
SE. However, there is an existing professional office (dental office) 2 lots south at the corner of ‘D’ St.
SE and 4th St. SE and an apartment complex at the ‘D’ St. SE and 2nd St. SE intersection. The
properties to the west, across the alley, are commercial, including a Burger King drive -through directly
behind the Site.
9. As indicated by the Applicant in the narrative submitted with the application, the rezone has been
requested for the purposes of converting the existing house into a professional office for The Keimig
Associates (architectural services business).
10. The Site was included in the original incorporation of the City in 1890 and has retained a form of
residential zoning ever since. This contrasts with the mixed land use designation history. The
Comprehensive Plan Land Use Designation of the Site had a commercial designation from at least
1952 until a new Comprehensive Plan was adopted in 1986, which then changed the designation to a
residential category. In 2001 the Downtown Special Planning Area was adopted which included the
Site, however, the land use designation was not changed until the major overhaul of the
Page 40 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 4 of 6
Comprehensive Plan was completed at the end of 2015, officially designating the sit e as “Downtown
Urban Center”. See Exhibit 9 for a visual representation of this timeline.
11.Per ACC 18.02.030(A), the intent of Title 18 ACC, “Zoning”, is to:
“…to implement the City’s Comprehensive Plan. This title will be used to further the growth and
development of the City consistent with the adopted Comprehensive Plan and its implementing
elements. This title will also further the purpose of promoting the health, safety, morals,
convenience, comfort, prosperity, and general welfare of the city’s popu lation and to prevent and
abate public nuisances.”
12.Per ACC 18.29.010, the DUC zone is intended to:
“… create a distinct and strong identity for downtown Auburn by establishing land use and design
standards for review of development proposals within the c ore area of the city of Auburn’s
designated urban center, in order to implement the city of Auburn downtown plan and the goals,
policies and objectives of the Auburn comprehensive plan. This zone is intended to produce a
concentration and mixture of commercial, office, medical, retail, residential and civic uses within
the downtown area; to encourage private and public investment, attract shoppers and visitors,
and appeal to existing and new residents; to provide a development pattern that supports
pedestrian movement, bicycles and use of public transit; and to provide opportunities to increase
the city’s tax base, thereby helping to fund public improvements and public services.”
13.A combined Notice of Application, Notice of Public Hearing, and Determination of Non-Significance
was issued on November 9, 2017 (Exhibit 7), a minimum of 10 days prior to the public hearing, as
required by ACC 18.68.040(B)(1)(a). The notices were also posted at the Site, mailed to adjacent
property owners within 300 ft. of the Site, and published in The Seattle Times, consistent with the
noticing requirements of ACC 14.07.040.
14.Per ACC 18.68.030(B), site-specific rezone requests by an applicant other than the City, that are
consistent with the Comprehensive Plan, shall have a public hearing before the City Hearing
Examiner who then makes a recommendation on the application to City Council. Staff finds that:
a.The property owner, Alan Keimig, is not the City and has filed an application requesting a rezone
of a single property;
b.The Rezone is consistent with the adopted Comprehensive Plan, as discussed in ‘Conclusions’
section below;
c.Site-specific rezones must be adopted by Ordinance by the City Council after a recommendation
by the City Hearing Examiner. The City Council may affirm, modify, or disaffirm the Hearing
Examiner’s recommendation.
CONCLUSIONS:
Chapter 18.68 ACC contains the intent and process for zoning code amendments, in this case a site-
specific zoning map amendment has been requested and shall be processed as outlined in ‘Finding of
Fact’ No. 14, above. Auburn City Code does not contain any specific rezone criteria for City Staff to
review; however, Case Law offers some rezone criteria:
Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001): proponents of a rezone must
establish that conditions have substantially changed since the original showing and that the
rezone must bear a substantial relationship to the public health, safety, morals or welfare;
Page 41 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 5 of 6
provided, that a showing of a change of circumstances has occurred is not required if a rezone
implements the Comprehensive Plan.
Past decisions by the City Hearing Examiner have also used this criteria. Staff therefore provides the
following analysis of the Rezone (The criteria is underlined followed by a Staff Analysis):
1.Criterion that the rezone is in response to changes in conditions since original adoption, or
implements the Comprehensive Plan.
The Rezone request implements the Comprehensive Plan, and therefore the proponent (the Applicant)
does not need to show a change in conditions or circumstances. Staff provides the following analysis on
how the Rezone request implements the Comprehensive Plan:
On December 14, 2015 the City Council adopted Ordinance No. 6584, which included an area-
wide Comprehensive Plan Land Use change that included the subject property, changing the
Comprehensive Plan Land Use Designation from “Single-Family” to “Downtown Urban Center”,
reference ‘Findings of Fact’ No. 10, above for background.
The subject property meets the “Designation Criteria” for the Downtown Urban Center
Designation in that it is located within the boundaries of the “Urban Center” (Page LU-7 of the
Comprehensive Plan):
Downtown Urban Center Designation
Designation Criteria
Located within the Urban Center boundaries established by the King County Countywide
planning policies or within the Business Improvement Area Boundaries.
The subject Rezone request is to change from the “R-7, Residential Zone” to “DUC Downtown
Urban Center” (“DUC”). The change implements the Comprehensive Plan Land Use Designation
of Downtown Urban Center since the DUC zoning district is the only implementing zoning district
of the Downtown Urban Center Designation.
While approval of the rezone would allow any of the range of land uses authorized by the DUC
zoning district , the is requested to convert a single-family residence into a professional office that
is served by adequate public facilities and services. Although not determined to be an “historic
property”, based on conversations with the Applicant, they propose minimal alterations to the
exterior of the building and it will retain a residential character, compatible with other existing
properties along this stretch of ‘D’ St. SE. The Rezone therefore facilitates “adaptive reuse” that is
consistent with Land Use Goal 52 listed under the Downtown Urban Center Designation (Page
LU-8 of the Comprehensive Plan):
Downtown Urban Center
Policies
LU-52: Encourage adaptive reuse, particularly of historic properties.
Although the Applicant proposes to retain the existing structure, any future development would
need to meet the Floor Area Ratio (“FAR”) of the DUC zone as well as any applicable
requirements of the “Downtown Urban Center Design Standards” document.
Page 42 of 95
Agenda Subject: REZ17-0005, The Keimig Associates Office
Relocation Rezone Request
Date: December 12, 2017
Page 6 of 6
2.Criterion that rezone request bears a substantial relationship to the public health, safety, morals and
welfare.
Any development on the site would be required to provide adequate facilities of public and private
utilities such as water, sewer, and electricity, and would therefore it is not anticipated that the rezone
will be detrimental to the public health.
The Traffic Engineer has reviewed the requested deviations for parking and determined that no
adverse impacts are expected to public traffic safety. No other impacts to public safety are anticipated
through approval of the Rezone or future conversion of the residence to a professional office. The
conversion of the residence will be required to meet all applicable zoning, building, and fire codes
Neither the Rezone itself or the office conversion would allow an y uses or acts that would pose any
detrimental effects on the morals or welfare of the public.
STAFF RECOMMENDATION:
Based upon the application, accompanying materials, Findings of Fact, and Conclusions of this Staff
Report, Staff recommends that the Hearing Examiner recommend approval of the Rezone, with no
conditions, to the City Council.
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report
EXHIBIT LIST:
Exhibit 1. Staff Report
Exhibit 2. Vicinity Map
Exhibit 3. Rezone / SEPA Application Form
Exhibit 4. Rezone Site Plan, Prepared by The Keimig Associates, received 10/27/2017
Exhibit 5. Trip Generation Letter, received 10/27/2017
Exhibit 6. Written Statement From Applicant, received 9/21/2017
Exhibit 7. Notice of Application, Notice of Public Hearing, and Determination of Non-Significance, SEPA
Checklist Final Staff Evaluation
Exhibit 8. Trott SEPA Comment Letter with City Responses
Exhibit 9. Land Use Map History
Exhibit 10. Excerpts from the Adopted Comprehensive Plan
Exhibit 11. 2015 Aerial Photograph of the site and vicinity
Page 43 of 95
VICINITY MAP
Exhibit 2
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Exhibit 3
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Exhibit 4Page 51 of 95
HEATH & ASSOCIATES, INC Transportation and Civil Engineering
2214 Tacoma Road Puyallup WA 98371 (253) 770 1401 Fax (253) 770 1473 heathtraffic.com
October 26, 2017
Neil Eugenio
The Keimig Associates
216 A Street NW
Auburn, Washington 98001
Subject: Trip Generation Letter for Keimig Office
Mr. Eugenio:
This letter provides trip generation information for an office conversion from an existing house at
307 D Street SE in Auburn. The square footage for the new office is 2,025 square feet based on
our conversation.
The information for trip generation is taken from the ITE Trip Generation, 9th Edition and assumes
Land Use Code 210 for the existing single family dwelling and Land Use Code 710 for the office
use.
Building Use
The remodeled building will be repurposed to provide use as an architectural office with operations
primarily from 8 AM to 5 PM. Aside from employees, the building will be visited by clients
infrequently. Occupancy of the building in the evening will also take place from time to time
predicated on work load and deadlines for delivery of work product.
Existing Use – Trip Generation
As the attached worksheets show, the existing single family use, Land Use Code 210, would
generate the following:
AWDT = 10 vehicles per day
AM Peak Hour = 1 vehicle per hour
PM Peak Hour = 1 vehicle per hour
Exhibit 5
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2 Page 53 of 95
Detailed Average Rate Trip Calculations
For 1 Dwelling Units of Single Family Detached Housing(210) - [R]
Project: Keimig Office Open Date:
Phase:Analysis Date:
Description: Existing
_____________________________________________________________________________________
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
__________________________________________________________________________
Avg. Weekday 2-Way Volume 9.52 3.70 1.00 10
7-9 AM Peak Hour Enter 0.19 0.00 1.00 0
7-9 AM Peak Hour Exit 0.56 0.00 1.00 1
7-9 AM Peak Hour Total 0.75 0.90 1.00 1
4-6 PM Peak Hour Enter 0.63 0.00 1.00 1
4-6 PM Peak Hour Exit 0.37 0.00 1.00 0
4-6 PM Peak Hour Total 1.00 1.05 1.00 1
AM Pk Hr, Generator, Enter 0.20 0.00 1.00 0
AM Pk Hr, Generator, Exit 0.57 0.00 1.00 1
AM Pk Hr, Generator, Total 0.77 0.91 1.00 1
PM Pk Hr, Generator, Enter 0.65 0.00 1.00 1
PM Pk Hr, Generator, Exit 0.37 0.00 1.00 0
PM Pk Hr, Generator, Total 1.02 1.05 1.00 1
Saturday 2-Way Volume 9.91 3.72 1.00 10
Saturday Peak Hour Enter 0.50 0.00 1.00 1
Saturday Peak Hour Exit 0.43 0.00 1.00 0
Saturday Peak Hour Total 0.93 0.99 1.00 1
Sunday 2-Way Volume 8.62 3.36 1.00 9
Sunday Peak Hour Enter 0.46 0.00 1.00 0
Sunday Peak Hour Exit 0.40 0.00 1.00 0
Sunday Peak Hour Total 0.86 0.95 1.00 1
_____________________________________________________________________________________
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
3 Page 54 of 95
Detailed Average Rate Trip Calculations
For 2.03 Th.Sq.Ft. GFA of General Office Building(710) - [R]
Project: Keimig Office Open Date:
Phase:Analysis Date:
Description: Proposed
_____________________________________________________________________________________
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
__________________________________________________________________________
Avg. Weekday 2-Way Volume 11.03 6.15 1.00 22
7-9 AM Peak Hour Enter 1.37 0.00 1.00 3
7-9 AM Peak Hour Exit 0.19 0.00 1.00 0
7-9 AM Peak Hour Total 1.56 1.40 1.00 3
4-6 PM Peak Hour Enter 0.25 0.00 1.00 1
4-6 PM Peak Hour Exit 1.24 0.00 1.00 2
4-6 PM Peak Hour Total 1.49 1.37 1.00 3
AM Pk Hr, Generator, Enter 1.37 0.00 1.00 3
AM Pk Hr, Generator, Exit 0.19 0.00 1.00 0
AM Pk Hr, Generator, Total 1.56 1.40 1.00 3
PM Pk Hr, Generator, Enter 0.25 0.00 1.00 1
PM Pk Hr, Generator, Exit 1.24 0.00 1.00 2
PM Pk Hr, Generator, Total 1.49 1.37 1.00 3
Saturday 2-Way Volume 2.46 2.21 1.00 5
Saturday Peak Hour Enter 0.23 0.00 1.00 0
Saturday Peak Hour Exit 0.20 0.00 1.00 0
Saturday Peak Hour Total 0.43 0.72 1.00 1
Sunday 2-Way Volume 1.05 1.43 1.00 2
Sunday Peak Hour Enter 0.09 0.00 1.00 0
Sunday Peak Hour Exit 0.07 0.00 1.00 0
Sunday Peak Hour Total 0.16 0.44 1.00 0
_____________________________________________________________________________________
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
TRIP GENERATION 2013, TRAFFICWARE, LLC
4 Page 55 of 95
THE KEIMIG ASSOCIATES
ARCHITECTS-PLANNERS
216 A STREET NW, AUBURN, WA 98001
(253) 939-3232, FAX (253) 735-1309
Re-zone Application
307 D Street SE, Auburn, WA 98002
APN# 733140-0655
Although the property located at 307 D Street SE is currently zoned withing the R7 Residential zone, it is located
within the Adopted Downtown Special Plan Area. Therefore its proposed rezone to a DUC (Downtown Urban
Center) would be a natural fit. In addition to already being located within the Downtown Special Plan Area, the
existing DUC zone boundary is immediately adjacent to the west.
All of the municipal services are already available to the site and its surrounding vicinity, especially to those of the
designate DUC zone. The proposed re-zone will not require any additional municipal services than what is already
provided. The intended professional office is low impact and will not require any more or less than a residential
use of the property.
Exhibit 6
Page 56 of 95
NOTICE OF APPLICATION (NOA)
NOTICE OF PUBLIC HEARING (NOH) and
DETERMINATION OF NON-SIGNIFICANCE (DNS)
The Keimig Associates Office Relocation
SEP17-0015 / REZ17-0005
The City of Auburn is issuing a Notice of Application (NOA), Notice of Public Hearing (NOH), and
Determination of Non-Significance (DNS) for the following described project. The permit applications
and listed studies may be reviewed at the Auburn Community Development & Public Works
Department at 1 E Main ST, 2nd Floor, Customer Service Center, Auburn, WA 98001.
Proposal: Rezone a 7,500 sq. ft. parcel from R-7 Residential (5-7 dwelling units per acre) to DUC,
Downtown Urban Center to allow for conversion of an existing single-family house into a
professional office.
Location: The project site is located at 307 ‘D’ St. SE, approximately 130 ft. north of 4th St. SE. King
County Assessor Parcel No. 733140-0655.
Notice of Application: November 9, 2017
Application Complete: October 16, 2017
Permit Application: September 21, 2017
File Nos. SEP17-0015
REZ17-0005
Applicant and Alan Keimig
Property Owner: The Keimig Associates
216 ‘A’ St. NW
Auburn, WA 98001
Studies/Plans Submitted With Application:
Conceptual Site Plan, by The Keimig Associates
Trip Generation Letter, by Heath & Associates
Other Permits, Plans, and Approvals Needed:
SEPA: None
Rezone: Hearing Examiner and City Council Approval(s)
Development: Tenant Improvement / Change of Use Permit
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public
Works Design and Construction Standards.
Lead Agency: City of Auburn
The lead agency for this proposal has determined that it does not have probable significant adverse
impact on the environment. An environmental impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency. This information is available to the public on request.
Exhibit 7
Page 57 of 95
NOTICE OF APPLICATION, NOTICE OF PUBILC HEARING, and DETERMINATION OF NON-SIGNIFICANCE
SEP17-0015 / REZ17-0005 (Continued)
Page 2 of 3
Public Comment Period: This may be your only opportunity to comment on the environmental
impact of the proposal. All persons may comment on this application. This DNS is issued under
WAC 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date issued
below. Comments must be in writing and submitted by 5:00 pm on November 27, 2017 to the
mailing address of 25 W Main ST, Auburn, WA, 98001, or to the email below. Any person wishing to
become a party of record, shall include in their comments that they wish to receive notice of and
participate in any hearings, if relevant, and request a copy of decisions once made.
Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk at 25
West Main Street, Auburn, WA 98001- 4998 within 14 days of the close of the comment period, or by
5:00 p.m. on December 11, 2017.
For questions regarding this project, please contact Thaniel Gouk, Senior Planner, at
tgouk@auburnwa.gov or 253-804-5031.
Public Hearing: December 20, 2017
RESPONSIBLE OFFICIAL: Jeff Tate
POSITION/TITLE: Assistant Director, Community Dev. & Public Works Dept.
ADDRESS: 25 West Main Street
Auburn, Washington 98001
253-931-3090
DATE ISSUED: SIGNATURE:
Note: This determination does not constitute approval of the proposal. Approval of the proposal can
only be made by the legislative or administrative body vested with that authority. The proposal is
required to meet all applicable regulations.
[Signature on File] November 9, 2017
Page 58 of 95
NOTICE OF APPLICATION, NOTICE OF PUBILC HEARING, and DETERMINATION OF NON-SIGNIFICANCE
SEP17-0015 / REZ17-0005 (Continued)
Page 3 of 3
Vicinity Map
Conceptual Site Plan
Subject Property
Page 59 of 95
FINAL STAFF EVALUATION FOR ENVIROMETNAL CHECKLIST (SEP17-0015)
Date: November 7, 2017
Project: The Keimig Associates Office Relocation
Applicant: Alan Keimig
The Keimig Associates
216 ‘A’ St. NW
Auburn, WA 98001
Property Owner: Same as Applicant
Location: The project site is located at 307 ‘D’ St. SE, approximately 130 ft. north of 4th
St. SE.
Parcel No. King County Parcel No. 733140-0655.
Parcel Size: 7,500 sq. ft.
Proposal: Rezone a 7,500 sq. ft. parcel from R-7 Residential (5-7 dwelling units per
acre) to DUC, Downtown Urban Center to allow for conversion of an existing
single-family house into a professional office.
Existing Zoning: R-7 Residential
Existing
Comprehensive
Plan Designation: Downtown Urban Center
A.BACKGROUND:
Pursuant to WAC 197-11-340(2), the City of Auburn is required to send any Determination
of Non-Significance (DNS) which may result from this environmental review, along with the
checklist, to the Washington State Department of Ecology (DOE), U.S. Army Corps of
Engineers, or other agencies with jurisdiction, affected tribes, and interested parties.
Therefore, the City will not act on this proposal for fifteen days after the issuance of a DNS.
8.Other Environmental Information: Other environmental information prepared or will be
prepared directly related to this proposal includes:
Conceptual Site Plan, prepared by The Keimig Associates
Trip Generation Letter, prepared by Heath & Associates
10.Other Approvals/Permits Needed:
SEPA: None
Page 60 of 95
Final Staff Evaluation for Environmental Checklist – SEP17-0015 (Continued)
Page 2 of 4
Rezone: Hearing Examiner and City Council Approval(s)
Development: Tenant Improvement / Change of Use Permit.
B.ENVIRONMENTAL ELEMENTS:
1.Earth: Concur with checklist.
The project site is essentially flat, with some areas containing slight slopes (~1%) There is
no prime farmland within or adjacent to the project site and the soils are classified as Urban
Land (Ur).
The site is currently developed with a single-family home and detached garage. The
Applicant proposes to convert the home into a professional office with approximately 4
employees.
2.Air: Concur with checklist.
Short term impacts on air quality, such as an increase in local suspended particulate levels,
may occur during construction activity associated with the project. To minimize short term
impacts to air quality, contract specifications will require the development and
implementation of dust and emission control measures such as watering and sweeping and
turning off equipment and vehicles when not in use, as consistent with the City’s
Construction Standards.
3.Water:
A.Surface: Concur with checklist.
No surface water bodies are located on or near this site.
B.Ground: Concur with checklist.
Stormwater will be controlled via existing facilities for the home (gutters, etc).
C.Runoff/Storm water: Concur with checklist.
Future development of the parking area may trigger some minor stormwater
requirements and will be reviewed with the tenant improvement plans.
D.Proposed Measures to Reduce or Control Surface, Ground, and Runoff Water
Impacts: Concur with checklist.
Best Management Practices (BMPs) will be employed during and after construction to
control any impacts to ground/surface/storm water.
4.Plants: Concur with checklist.
No threatened or endangered species are known to be on or near the site. Per the City’s
eGIS maps, there are no priority habitats or any other fish and wildlife habitat within
proximity of the project site.
Page 61 of 95
Final Staff Evaluation for Environmental Checklist – SEP17-0015 (Continued)
Page 3 of 4
D.Landscape Preservation and Use of Native Plants: Concur with checklist.
Minimal landscaping may be included with development of the small parking area, however,
none is proposed or required at this time.
5.Animals: Concur with checklist.
No threatened or endangered species are known to be on or near the site. Per the City’s
eGIS maps, there are no priority habitats or any other fish and wildlife habitat within
proximity of the project site.
6.Energy and Natural Resources: Concur with checklist.
Impacts to energy and natural resources will be consistent with what is expected for a
typical office use. The project will comply with applicable building and energy codes.
7.Environmental Health: Concur with checklist.
No environmental health hazards above normal construction activities are expected and risk
reduction measures consistent with the City’s Construction Standards will be implemented
and followed.
B.Noise: Concur with checklist.
No long-term changes to existing noise levels are anticipated. Short-term changes to noise
levels from construction should be expected; these activities will be subject to City noise and
construction hour standards.
8.Land and Shoreline Use: Concur with checklist.
The current zoning designation of R-7 Residential is not consistent with the Comprehensive
Plan Land Use Designation of Downtown Urban Center. The appropriate implementing
zoning district for the Downtown Urban Center designation is DUC, Downtown Urban
Center. The Applicant has requested a rezone to DUC which allows professional offices.
The Applicant is currently located at 216 ‘A’ St. NW, however, this lot has been sold to
MultiCare for their future expansion.
9.Housing: Concur with checklist.
The existing single-family residence will eventually be converted to a professional office.
10.Aesthetics: Concur with checklist.
Only minimal exterior changes (replacement of decks) is proposed at this time.
11.Light and Glare: Concur with checklist.
12.Recreation: Concur with checklist.
13.Historic and Cultural Preservation: Concur with checklist.
Page 62 of 95
Final Staff Evaluation for Environmental Checklist – SEP17-0015 (Continued)
Page 4 of 4
No historic or culturally sensitive places or objects are present on the site, nor would any be
affected by this project.
14.Transportation: Concur with checklist.
Access to the site will be the alley to the rear which will provide access for 3 of the required
4 parking stalls. One additional on-street parking stall will be provided on ‘D’ St. SE and one
ADA accessible stall within the existing driveway.
A Traffic Impact Analysis is not required for this project as it does not generate more than 30
new peak PM trips and, in addition, the Traffic Engineer has indicated that this rezone does
not necessitate a TIA. A Trip Generation letter was provided along with the application which
has been reviewed and approved of by the Traffic Engineer.
15.Public Services: Concur with checklist.
16.Utilities: Concur with checklist.
C.CONCLUSIONS:
The proposal can be found to not have a probable significant adverse impact on the
environment.
The City reserves the right to review any future revision or alterations to the site or to the
proposal in order to determine the environmental significance or non-significance of the project
at that point in time.
Prepared by: Thaniel Gouk, Senior Planner, Community Development and Public Works
Department, City of Auburn
Page 63 of 95
1
Thaniel Gouk
From:Thaniel Gouk
Sent:Tuesday, November 28, 2017 5:12 PM
To:'talk2trott@comcast.net'
Subject:RE: Submission of Public Comment - File Nos. SEP17-0015 / REZ 17-0005
Mr. and Mrs. Trott:
Thank you for the submittal of your comments in the email below. These will be included in the Staff Report to the
Hearing Examiner and City Council.
In response to some of your questions, please see the following information:
·Rezoning and how it will impact the rest of the block. Should this project move forward, it will isolate a private
residence between a dental office and this proposed project. Will a rezone create precedent for other single
family residences on the second block of D ST SE to become commercial? What is the City of Auburn’s plan for
our neighborhood?. Your neighborhood is currently zoned for R-7, Residential, however, the future land use map
(the “Comprehensive Plan”) shows the neighborhood as DUC, Downtown Urban Center. The DUC zone expands
to the east to ‘F’ St. SE, partially as shown in this image from the City’s GIS map:
Note that your property is the yellow circle, the proposed rezone property is outlined in cyan. If you would like to
view a full-size version of the map, please click here: Comprehensive Land Use Map. Although many of the
Exhibit 8
Page 64 of 95
2
existing properties in your neighborhood already have the DUC zoning applied, any that don’t could apply to have
their property changed as well. I would also point out that the development regulations in the DUC zone are
pretty restrictive (meaning in this case the look of the building and site are highly regulated) and at this point,
other than replacing the front porch, and adding a ramp and parking in the rear, no other changes are proposed
at this time by the owner/applicant.
·Traffic/Parking concerns. Proposal lists four parking spots on property, 22 vehicular trips per day, peak volumes
between 7-9am and 4-6 pm and four employees.
Plan calls out (1) additional on-street parking stall will be provided on ‘D’ St. SE. with potential “remediation” of
the drive apron along D Street. What does that entail?. Per Auburn City Code (ACC) Table 18.52.030(6),
“…nonresidential uses located adjacent to a public right-of-way where on-street parking is permitted may receive
credit for one off-street parking stall for each 22 linear feet of abutting right-of-way for parallel parking, excluding
curb cuts. This provision shall be applied for on-street parking on the same side of the street as the proposed land use.
All parking for employees must be provided on-site.” Based on the length of the frontage of the parcel and where legal
parking is allowed, one of the Code required parking stalls will be allowed to be accommodated on-street.
Remediation refers to the reconstruction of the driveway apron (curb cut) between ‘D’ St. SE and the driveway to
meet the requirements of the Americans with Disabilities Act (ADA).
Parking on D Street SE is already challenging to residents, as parking is available only on one side of the street and
is consumed by residents. ‘D’ St. SE is classified as a “local residential” street by the City, as such parking is only
allowed along one side of the street per the City’s Design Standards. Allowing parking along both sides of the
street would result in a driving land which is too narrow to safely accommodate two-way traffic and provide
adequate width for emergency vehicles.
On-street parking is a public resource available to anybody to use whether they reside on a specific street or not.
Allowing the business to use on-street parking is not anticipated to have any impact to the availability of on-street
parking relative to the existing residential use. If the property were to remain a single-family residence, the
residents would also be able to use the on-street parking along ‘D’ St. SE, and could potentially park more vehicles
for longer periods of time than the proposed office use, specifically overnight when residential parking demand is
at its highest level.
A street sign is posted entering the second block of D Street SE (north/heading south) saying; “NO TRUCKS”
“LOCAL DELIVERY ONLY”. If the City posted this sign as being necessary, due to street parking one side only
(creating a narrow road for two way traffic), how does the City account for increased commercial traffic/parking?
How would the business regulate customers who would park on the street and not in the parking spaces off the
alley? The local delivery signage is not associated with the width of the street and the presence of parking along
one side, but is to prevent the use of the street by commercial vehicles cutting through the neighborhood to
another destination. As a local residential street, ‘D’ St. SE is not designed or constructed to accommodate this
type of truck use, which is why it has been prohibited. The proposed office use is not anticipated to generate any
additional truck traffic, beyond those needed for the business to move in.
It is anticipated that the off-street parking would be used by employees of the business (as required in the Code
section identified above), with the on-street parking used by visitors. Provided that on-street parking associated
with the business is according to the regulations included in the Code, no regulation is required. Should the
parking be in violation of City parking regulations then parking enforcement can ticket vehicles as appropriate.
·Police emergency responders frequently drive down D Street SE at high speed , often with two to five vehicles in
succession. (This can be confirmed with the City of Auburn Police logs.) It isn’t a safe scenario for residences, let
alone commercial businesses. The conversion of the residence to a commercial-office use is not anticipated to
have any impact to the use of ‘D’ St. SE by emergency vehicles.
Page 65 of 95
3
·Signage. What will it consist of and what size? On the building or on the street? Lighted? No signage at this time
has been proposed, however, there will likely be some signage for the business. Signage within the DUC zone has
specific restrictions which does allow backlit signs and the sign areas is limited based on the size of the building
and lot.
Also, as was stated in the mailed notice you received, a public hearing before the Hearing Examiner is scheduled for
December 20, 2017. This hearing will held in the City Council Chambers at 7:00 PM and please feel free to attend and
participate (provide verbal comments).
Please feel free to reach out if you have any other questions.
Thaniel Gouk | Senior Planner
253-804-5031
From: Steve Trott [mailto:talk2trott@comcast.net]
Sent: Sunday, November 26, 2017 9:11 PM
To: Thaniel Gouk <tgouk@auburnwa.gov>
Subject: Submission of Public Comment - File Nos. SEP17-0015 / REZ 17-0005
To: Mr. Thaniel Gouk – Senior Planner
We wish to submit concerns and comments pertaining to the proposed rezone site located at 307 D ST SE, Auburn, WA.
Our single occupant residence is located at 220 D ST SE, Auburn, WA. It is a historic home built in 1913. We have lived
here since 1988. Several of our concerns are, but not limited to:
·Rezoning and how it will impact the rest of the block. Should this project move forward, it will isolate a private
residence between a dental office and this proposed project. Will a rezone create precedent for other single
family residences on the second block of D ST SE to become commercial? What is the City of Auburn’s plan for
our neighborhood?
·Traffic/Parking concerns. Proposal lists four parking spots on property, 22 vehicular trips per day, peak volumes
between 7-9am and 4-6 pm and four employees.
Plan calls out (1) additional on-street parking stall will be provided on ‘D’ St. SE. with potential “remediation” of
the drive apron along D Street. What does that entail?
Parking on D Street SE is already challenging to residents, as parking is available only on one side of the street
and is consumed by residents.
A street sign is posted entering the second block of D Street SE (north/heading south) saying; “NO TRUCKS”
“LOCAL DELIVERY ONLY”. If the City posted this sign as being necessary, due to street parking one side only
(creating a narrow road for two way traffic), how does the City account for increased commercial
traffic/parking? How would the business regulate customers who would park on the street and not in the
parking spaces off the alley?
·Police emergency responders frequently drive down D Street SE at high speed , often with two to five vehicles in
succession. (This can be confirmed with the City of Auburn Police logs.) It isn’t a safe scenario for residences, let
alone commercial businesses.
·Signage. What will it consist of and what size? On the building or on the street? Lighted?
Page 66 of 95
4
We do wish to receive notice of and participate in, any hearings relevant to this project, and request a copy of decisions
once made.
Steve and Debra Trott
220 D Street SE
Auburn, WA 98002
253.939.1957
253.486.8497 cell/Steve
talk2trott@comcast.net
Page 67 of 95
Exhibit 9
Page 68 of 95
Page 69 of 95
LAND USE ELEMENT
COMMERCIAL L AND USE DESIGNATIONS
Character Sketch
Values
General Policies
Downtown Urban Center Designation
Exhibit 10
Page 70 of 95
CITY OF AUBURN COMPREHENSIVE PLAN
Neighborhood Commercial Designation
Page 71 of 95
Date: 12/11/2017
±The information included on this map has been compiled by King County staff from a variety of sources and issubject to change without notice. King County makes no representations or warranties, express or implied,as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intendedfor use as a survey product. King County shall not be liable for any general, special, indirect, incidental, orconsequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuseof the information contained on this map. Any sale of this map or information on this map is prohibited except bywritten permission of King County.
REZ17-0001 Aerial Map Exhibit 11
Page 72 of 95
K�uTYOFB*uRN**========= .J-\..! Nancy Backus, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
VARIANCE
Trautwein Property Short Plat -Minimum Density
VARl 7-0008
I.GENERAL INFORMATION:
Application Date:
Property Owner:
Applicant:
Proposal:
Proposed Location:
Parcel Number:
October 3, 2017
Ron & Debra Trautwein
3407 Academy Dr SE
Auburn, WA 98092
Don Bieber
3407 Academy Dr SE
Auburn, WA 98092
Request for a Variance to decrease the R-7 Residential zoning
district minimum density standard of five (5) dwelling units (DUs)
to approximately three (3) DUs per net acre ("Variance"). The
Variance is requested to accommodate a future three lot short
subdivision of an existing approximately 1.11-acre property
containing a single-family dwelling and large detached garage.
Construction of an additional single-family dwelling and
conversion of the existing detached garage into a single-family
dwelling would be completed upon approval of the variance and
proposed three lot short subdivision. The existing residence would
remain as part of the proposal.
West side of Academy Drive SE, approximately 1,500 feet north of
the intersection of Auburn Way S and Academy Dr SE, within NW
¼ of Section 27, T 21 N, R 05 E.
2721059013
Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning
Classification and Current Land Use:
Project Site
North
South
East
West
Comprehensive Zoning Classification
Plan Designation
SinQle-Family R-7 Residential Zone - 7 Dwelling Units per Acre
In stitutional I -In stitutional Zone
Single-Family R-7 Residential Zone - 7 DwellinQ Units per Acre
Single-Family I -In stitutional Zone
In stitutional I -In stitutional Zone
Variance -Trautwein -Minimum Density (VAR 17-0008)
Staff Report
December 11, 201 ?Page 1
Current Land Use
Single-family residence
Single-family residence
Duplex
Vacant
Single-family residence
AUBURN * MORE THAN YOU lMAGlNED
Exhibit 1
Page 73 of 95
Excerpted Zoning Map:
• • • • • •
• • • • •
c1 Light Commercial District R1 Residential 1 DU/Acre
C2 Central Business District •R5 Resi dential 5 DU/Acre
C3 Heavy Commercial District •R7 Residential 7 DU/Acre
C4 Mixed Use Commercial •R10 Residential 10 DU/Ac re
CN Nei gh'.bortlood Shopping District •R20 Residential 20 DU/Acre
DUG Downtown Urban Center Residential ConseNency
EP Envi ronmental Par1< Oistrtcl •RMHC Residential Manufaclt1red/Mobile Hon
I lnsti utional Use District •RO Residential Office District
Lakeland Hills South PUO •RO-H Residential Office District (Hospital)
LF Airport Landing Field District •1V Terrace View
M'I Light Indu strial Distric! •UNG Unclassified Use District
M2 Heavy Industrial District
P'I Public Use District
PUD Planned Unit Development
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 2
·+·
Page 74 of 95
II.SEPA STATUS:
Exempt per Auburn City Code (ACC) 16.06.020 and Washington Administrative Code
(WAC) Section 197-11-800(6)(a).
Ill. FINDINGS OF FACT:
1.Don Bieber, 3407 Academy Dr SE, Auburn, WA 98092 ("Applicant") submitted a
Variance application ("Variance") on October 3, 2017 to decrease the R-7 Residential
Zone minimum density standard of five (5) dwelling units (DUs) to approximately three
(3)DUs per net acre to accommodate a future three-lot short subdivision of the site. The
existing single-family residence would remain, while an existing detached garage would
be converted to a single-family residence, and a new single-family residence would be
constructed. The proposed future construction is dependent on approval of the variance
and future approval of a short subdivision.
2.While a short subdivision application has not been submitted, the following describes the
proposed configuration. Proposed Lot 1 will contain the existing single-family residence
and approximately 23,142 square feet of lot area. Proposed Lot 2 will contain the
existing detached garage that will be converted into a single-family residence and will
contain approximately 14,424 square feet of lot area. Proposed Lot 3 will be developed
with a new single-family dwelling and contain approximately 11,727 square feet of lot
area. All three lots would be accessed by a 20-foot wide private easement on the north
side of the lots leading to Academy Drive SE.
3.The site is located on the west side of Academy Drive SE, within NW¼ of Section 27, T
21 N, R 05 E, within the City of Auburn's corporate limits, and referenced by King County
Tax Assessor Parcel No. (APN) 2721059013, approximately 1,500 feet north of the
intersection of Auburn Way S and Academy Dr. SE
4.The Site is rectangular and has frontage only on Academy Drive SE bordering the east
side.
5.The existing detached garage on the site was constructed in 2006. The garage contains
3,920 square feet of area and occupies the central portion of the property. According to
the applicant, the garage was intended to be used for residential purposes at some point
in the future. Per City of Auburn records, a building permit was issued in 2006 (CDPW
File No. BLD06-0190) for a detached garage. City records do not confirm that the
garage has ever been recognized as a dwelling or accessory dwelling unit.
6.In 2009, the Auburn City Code was amended (Ordinance No. 6245) to include minimum
density requirements. The Code provides the following definition relevant to the
proposal:
"18.04.303 Density, minimum.
"Minimum density" refers to the least number of dwelling units allowed per land
area in a specific zone, expressed as a ratio. For example, in a zone with a
minimum density of 12 units per acre, development of a two-acre lot would
require a minimum of 24 units."
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 3
Page 75 of 95
7.Academy Drive SE is designated as a "Residential Collector" street per the City's
Comprehensive Transportation Plan.
8.Upon future approval of a short subdivision, the Applicant proposes the construction of a
new dwelling on one of the proposed lots and the conversion of an existing detached
garage into a dwelling on another of the proposed lots. The existing single-family
dwelling would be retained on the third proposed lot. Per Auburn City Code (ACC) Table
18.07.020, "single-family detached dwellings, new" is a permitted use in the R-7,
Residential zone.
9.Based on the available 'net site area' of 44,587 square feet (SF) as shown on the
Variance site plans and based on ACC 18.02.065, "Methods of Calculating Density, the
R-7 zone classification requires a minimum of 5 DUs for the Site. The minimum and
base (maximum) density for the R-7 zone is 5-7 DUs per net acre, respectively, per ACC
18.07.030.
10.The surrounding area is generally developed with single-family dwellings situated on lot
sizes that range from 11,000 square feet to 48,581 square feet in area. The properties to
the south and east in particular do not meet the respective minimum density
requirements of the R-5 and R-7 zoning districts. The Buena Vista Seventh-Day
Adventist School is located to the north of the subject site.
11.One ( 1) existing adjacent R-7-zoned property to the south (APN 2721059034 ),
developed as a single-family residence, and one (1) existing R-5-zoned property across
Academy Drive SE to the southeast (APN 2721059082), developed as a single-family
residence, do not meet the minimum density requirement of their respective zoning
districts.
12.The City's zoning code, per ACC 18.07.030, establishes minimum density standards to
ensure efficient use of land and ensure that it is able to adequately provide housing
(dwelling units) for the projected population growth in accordance with the City's
Comprehensive Plan, which anticipates an additional 19,505 people and 9,000
households between 201 O and 2030.
13.Based on current land use designations, the City's Comprehensive Plan also anticipates
projected capacity for 14,597 (King County portion of the City) and 922 (Pierce County
portion of the City) additional housing units between 2015 and 2031.
14.Per ACC 18.02.030(A), the intent of Title 18 ACC, "Zoning", is to:
" ... to implement the city's comprehensive plan. This title will be used to further
the growth and development of the city consistent with the adopted
comprehensive plan and its implementing elements. This title will also further the
purpose of promoting the health, safety, morals, convenience, comfort,
prosperity, and general welfare of the city's population and to prevent and abate
public nuisances."
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 4
Page 76 of 95
15.Per ACC 18.07.01 0(E), the intent of the R-7 Residential zone is to:
" ... to create a living environment of optimum standards for single-family
dwellings. It is further intended to achieve development densities of five to seven
dwelling units per net acre. This zone will provide for the development of single
family detached dwellings and for such accessory uses as are related, incidental
and not detrimental to the residential environment."
16.Per ACC 18.70.010(A), "Variances", the Hearing Examiner is empowered to hear and
approve Variances if the application conforms with all of the criteria contained in ACC
18.70.010(A)(1) thru 18.70.010(A)(10).
17.Compliance with the approval criteria contained in ACC 18.70.010(A) is addressed
under Section IV, "Conclusions", of this staff report.
18.A combined Notice of Application and Notice of Public Hearing was issued on November
10, 2017 ("Exhibit 6"), a minimum of 10 days prior to the public hearing as required by
ACC 18.70.040. The notices were posted at the Site, mailed to adjacent property owners
within 300 feet of the Site, and published in The Seattle Times, newspaper. The City
received no comment letters on the Proposal.
19.The Variance application was reviewed by City staff and the Fire Agency. Of note, the
City's Traffic Engineer, James Webb, provided comments indicating that the proposed
access easement that will serve the development presents design challenges due to
sight distance concerns from the curve of Academy Drive SE that exists off-site to the
north. Specifically, the proposed easement is located on the inside of a curve with
nearby obstructions or potential obstructions directly to the north such as trees, future
fences, and hedges. Further, Mr. Webb recommended that the application be denied
unless the sight distance issue can be addressed. As part of the future Preliminary
Short Plat for the site, all roadway design and sight distance standards will need to be
met before any sort of short plat approval.
20.On July 19, 2017, City staff met with the applicant regarding the feasibility of subdividing
the property. As part of the meeting, the City's Traffic Engineer provided the sight
distance concerns to the applicant. See CDPW File No. PRE17-0028.
IV.CONCLUSIONS:
ACC 18. 70.01 0(A), "Variances", specifies that the Hearing Examiner may approve or modify
and approve an application for a Variance if the application satisfies all of the approval
criteria specified in ACC 18.70.01 0(A)(1) thru ACC 18.70.010(A)(10). Following is a staff
analysis of this Variance application's compliance with each criterion. The criteria are listed
below in italics, followed by a staff analysis.
1.That there are unique physical conditions including narrowness or shallowness of lot
size or shape, or exceptional topographical or other physical conditions peculiar to and
inherent in the particular lot; and that, as a result of such unique physical conditions,
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 5
Page 77 of 95
practical difficulties or unnecessary hardships arise in complying with provisions of this
title.
Staff Analysis:
Compliance with the minimum density standard of the R-7 Residential zone of five
dwelling units per acre while also retaining the existing single-family residence and
detached garage for future residential conversion presents practical challenges, as
proposed Lot 3 presents the only opportunity for future development. While the 11,727
square foot lot size of proposed Lot 3 would allow for an additional lot to be created
based on the 4,300 square foot minimum lot size of the R7 district, such lots would be
unable to meet the minimum 40 foot width requirement and still be oriented to take
advantage of the proposed access easement.
According to the Applicant, the intent of constructing the large detached garage on the
site in 2006 was to allow for a future residential conversion of the garage and
subsequent division of the property. However, the Auburn City Code was subsequently
amended in 2009 mandating minimum density requirements throughout the City's
residential zoning districts. With the garage being located in the central portion of the site
and at a distance from the existing house, there are site constraints that were created
due to a code change by the City that occurred after construction of the detached
garage.
Staff finds the request meets the criterion.
2.That, because of such physical conditions, the development of the lot in strict conformity
with the provisions of this title will not allow a reasonable and harmonious use of such
lot.
Staff Analysis:
As previously mentioned, the location of the existing detached garage proposed for
residential conversion on proposed Lot 2 makes meeting the minimum density
requirement difficult, as only the western third of the property (proposed Lot 3) is vacant.
Even if proposed Lot 3 were to be divided in half to get closer to achieving the minimum
density, the project would still only be providing 4 dwelling units to acre, 1 dwelling per
acre less than the 5 dwelling units per acre required in the R-7 zoning district. Further,
the lots would be substantially smaller than present in the surrounding area since
proposed Lot 3 is only 11,727 square feet in area. As previously mentioned, access to a
fourth lot would also present challenges, as the 40 foot width requirement would result in
the an additional lot being oriented perpendicular to the rest of the lots.
By allowing the site to be developed in its current configuration, an existing single-family
dwelling will remain, while also retaining a large detached garage that will be converted
into a single-family dwelling. The current configuration is assumed to be harmonious
since they already exist without complaints to the city and are , consistent in size with
the residential properties surrounding the area.
Staff finds the request meets the criterion.
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 6
Page 78 of 95
3.That the variance, if granted, will not alter the character of the neighborhood, or be
detrimental to surrounding properties in which the lot is located. For nonconforming
single-family homes, this finding is determined to be met if the features of the proposed
variance are consistent with other comparable features within 500 feet of the proposal.
Staff Analysis:
The Variance does not alter the character of the neighborhood or cause detriment to
surrounding properties. Every property within the surrounding area that is developed
with a single-family residence are no smaller than 11,000 square feet in area, which is
the equivalent of providing roughly four (4) dwelling units per acre. Moreover, Variance
does not request that the proposed development to be relieved from any other
development standard. Per the Variance site plans, the proposal is consistent or capable
of consistency with all other development standards applicable to the R-7 zone. The
proposal will be assessed for full consistency with all applicable development standards,
including during future Building Permit, Facilities Extension Agreement (FAC), Grading
Permit, and Utility Permit reviews. While it is acknowledged that the location of the
proposed access easement presents design challenges due to sight distance concerns,
such issues will be addressed during the Preliminary Short Plat review of the project.
Staff finds the request meets the criterion.
4.That the special circumstances and conditions associated with the variance are not a
result of the actions of the applicant or previous owners.
Staff Analysis:
The special circumstances and conditions associated with the Variance are related to
the City establishing a minimum density requirement after the Applicant constructed a
large detached garage with the intention of converting to a residence and to subdivide
their property in the future. While it is acknowledged that the Applicant is responsible for
the size, placement and construction of the existing detached garage, there is no
evidence that suggests that the Applicant was aware of a future code change that would
make conversion and subdivision in the proposed configuration out of compliance with
City regulations.
Staff finds the request meets the criterion.
5.Literal interpretation of the provisions of this title would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district.
Staff Analysis:
Per the 'Staff Analysis' of compliance with first criterion, ACC 18.70.010(A)(1) above,
compliance with the literal interpretation of the five (5) DU per net acre minimum density
standard of the R7 zone could likely not be achieved due to the location of the existing
structures on the site and the configuration of the easement that would be required to
serve an additional lot within the western portion of the site.
Literal interpretation of the minimum density requirement would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district, as nearly all of
Variance -Trautwein -Minimum Density (VAR 17-0008)
Staff Report
Page 7
Page 79 of 95
the properties surrounding the site are developed at densities that are of four (4)
dwelling units per acre or less.
Staff finds the request meets the criterion.
6.The approval of the variance will be consistent with the purpose of this title and the
zoning district in which the property is located.
Staff Analysis:
The Variance meets the general purposes of Title 18 ACC, "Zoning", as the reduction in
density for the Site does not adversely impact the City's ability to adequately provide
housing for the projected future population growth. Considering the reduction of two (2)
dwelling units for the Site, the City is anticipated to accommodate a net 15,519 housing
units between 2012 and 2030, handily capable of accommodating housing for the
projected growth.
Together with the 'Staff Analysis' of compliance with ACC 18. 70.010(A)(3) above and
the fact that "single-family detached dwellings" are permitted in the R-7 zone, the
Variance generally supports health, safety, morals, convenience, comfort, prosperity,
and general welfare.
Furthermore, the Variance is the only practical method of accommodating subdivision of
the property with the addition of a new single-family residence and conversion of an
existing garage into a single-family residence. While the property will not be meeting the
minimum density requirement of 5 dwelling units per acre, it will bring the site's current
density of one (1) dwelling unit per acre to three (3) dwelling units per acre, which
decreases its current level of non-conforming and therefore, demonstrates further
consistency with the purpose of the R-7 zone.
Staff finds the request meets the criterion.
7.The variance will not allow an increase in the number of dwelling units permitted by the
zoning district.
Staff Analysis:
The R7 zone permits seven (7) DUs for the Site. The Variance proposes a maximum of
three (3) DUs for the Site and therefore does not increase the number of DUs beyond
that allowed in the R7 zone.
Staff finds the request meets the criterion.
8.The authorization of such variance will not adversely affect the comprehensive plan.
Staff Analysis:
Per the 'Staff Analysis' of compliance with criterion ACC 18. 70.01 0(A)(6) above, the
Variance does not adversely affect the Comprehensive Plan.
Staff finds the request meets the criterion.
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 8
Page 80 of 95
9.The variance shall not allow a land use which is not permitted under the zoning district in
which the property is located.
Staff Analysis:
The Variance is requested to accommodate a future three (3) lot short subdivision and
subsequent construction of one new single-family residence and the conversion of an
existing garage to a single-family residence, totaling three (3) DUs for the Site. "Single
family detached dwellings" is permitted outright in the R-7 zone.
Staff finds the request meets the criterion.
10.The variance shall not change any regulations or conditions established by surface
mining permits, administrative use permits, conditional use permits or contract rezones
authorized by the city council.
Staff Analysis:
The Site is not subject to any surface mining permits, Administrative Use Permits,
Conditional Use Permits, or Contract Rezones authorized by the City Council.
Staff finds the criterion does not apply.
V.STAFF RECOMMENDATION
APPROVE WITH CONDITIONS
VI.CONDITIONS OF APPROVAL
Recommendation of approval for this Variance is based upon compliance with the project
description and the Conditions of Approval set forth below. Any deviations from the project
description, exhibits, timing, or conditions must be reviewed and approved by the City of
Auburn for conformity with this approval. Any change from these may require administrative
or Hearing Examiner approval of changes to the permit and/or environmental review.
1.This Variance decision approves a reduction in "minimum density" zoning standard ofthe R-7 Residential zone from five (5) DU per net acre per ACC 18.07.030 to three (3)
DUs per net acre for the Site.
2.This Variance decision approves only a reduction in "minimum density" and does not
authorize any project or site plan currently proposed or in the future. The proposed
three (3) lot short plat and subsequent construction of single-family residences will be
evaluated for consistency with all applicable City standards during Preliminary Short
Plat, Final Short Plat, Building Permit, Grading Permit, Facilities Extension Agreement
(FAC), Utility Permit, and other applicable reviews.
3.Approval of this variance does not constitute approval of the vehicle access design that
will serve the project and Lots. The Applicant will be required to demonstrate that theproposed vehicle access will meet sight distance and all other Public Works Design
standards as part of the future Preliminary and final Short Plat applications.
Variance - Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 9
Page 81 of 95
4.The Applicant shall submit to the City the necessary Preliminary Short Plat application
within one (1) year from the date of the final Variance approval. The conversion of the
existing detached garage will only be authorized after Final Short Plat approval. Permits
for this work shall be obtained.
Stciff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report
EXHIBIT LIST
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
STAFF
Prepared by:
Staff Report
Vicinity Map
Completed Variance Application
Applicant's Variance Site Plan
Applicant's Written Statement
Notice of Application (NOA), Notice of Public Hearing, and Affidavits
Dustin Lawrence, AICP, Senior Planner
Community Development & Public Works Department
n, Planning S rvices Manager
nity Develop ent & Public Works Department
Variance -Trautwein -Minimum Density (VAR17-0008)
Staff Report
Page 10
12/1-z. /7...01-:i,
DATE
[Z..--1,_-.. /'"7
DATE
Page 82 of 95
333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet333.3
Notes
Type any additional notes- delete text to
leave blank
Legend
166.70
1:2,000
Vicinity Map
1in =167 ft
12/5/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Parcels
Street Centerlines
Exhibit 2
Page 83 of 95
,. • ,r-.t,-1
I
CITY OF AUBURN v AAJ 1 -'f }EQS�NL yCITYm -:-';J.11_,�_,,,. :i .... r:n�:0.n·11.. T,i �v�"-1'..1 � Planning & Development Department
Auburn City Hall Annex, 2nd Floor
FILE#: ____________ _
:,,,� -··•"'''" WASHINGTON 1 East Main Street
Auburn, Washington 98001-4998
Tel: 253.931.3090
FILE NAME:
TYPE: -------FEES PAID: ____ _ RECEIVED BY: ---CHECK/CASH: __ _ Fax: 253.804.3114
permitcenter@auburnwa.gov
www.auburnwa.gov
SUBMITTAL DATE: __________ _ LAND USE DESIGNATION: ---------
VARIANCE APPLICATION
APPLICANT: [ Use mailing address for meeting notificati on. D Check box if Primary Contact
coMPANY: Don 6Ceber
ADDRESS 340� M�� Q(· SE
(CITY, STATE, ZIP) f j r g'Q Q 2_
PHONE: (/?o8'@49-ID[� ____ E-MAIL: gbt.nhL@ aol.. Cl)m
SIGNATURE: � a� PRINTEDNAME:Va11et/d C) J:J/e 6�-..("
(Signature Required)
APPLICANT'S REPRESENTATIVE: zg�:��; 1fzf2'R';t�GtbTB trle&t:S ' PLLI'.
(CITY, STATE, ZIP) At 1 bt.lm 1 \/\{A gs,ao 2
o Check box if Primary Contact
PHONE:+""-"�..,,L-4,0lpL+----t-...L...L._,F.:.-AX;....;..,.:--------E-MAIL: AEP011L(y �WJQ �gU1e�. com --'--=--""""""'<=..<:��==--'""""-1::,,,_,,.,,.,...._===!l-l--=---PRINTED NAME: AnAvy £ H.w-7 'PE
PROPERTY OWNER(S): c Attach separate sheet if needed. D Check box if Primary Contact
COMPANY: Debro., Jrautwein
ADDRESS: 34Q1. MD.rJ.enJ!:} Dr SE
(CITY, STATE, ZIP) Auburn, wA gs:o?J 2. PHONE(2.5:}J gg7 -c;os'=' FAX: _______ E-MAIL:----------
SIGNATURE: � 7h. � PRINTED NAME: Debra. H T r-cu,,rh.ue..in
(Signature Required)
Note: Applicant or representative must have property owner's consent to file this application formJn order for it
to be accepted
SITE ADDRESS: J-46 7
ASSESSOR'S PARCEL ID# Z721D5qo J.3
A/1.ad£0'1!:j Dr. SE Ex1sT1NG usE or s1TE� r'J' 0 7>�"
-�.J� �<J-LOT SIZE ZONING DISTRICT
� < ?
� PROPOSED USE OF SITE: '
AREA TO DEVELOPED (s.f.): _________ _
3
Exhibit 3
Page 84 of 95
K�YOF � ... � nU= · I:fltN CITY OF AUBURN
Planning & Development Department
Auburn City Hall Annex, 2nd Floor
VARIANCE
APPLICATION
'·"''"'". · WASHINGTON
1 East Main Street
Auburn, Washington 98001-4998
Tel: 253.931.3090
Fax: 253.804.3114
permitcenter@auburnwa.gov
www.auburnwa.gov
VARIANCE -LETTER OF AUTHORIZATION
(A copy of this letter must be submitted for each property owner involved)
1.Debra M B Trautwein declare under penalty of perjury under the
laws of the State of Washington as follows;
1.I am the owner of the property that is the subject of the application.
2.I [ ] have not appointed anyone, or [ ] have appointed Danoli 0. 'BLe-berto act as my agent regarding this application.
3.All statements, answers, and information submitted with this application are true and correct to
the best of my knowledge and belief.
4.I agree to hold the City of Auburn harmless as to any claim (including costs, expenses and
attorney's fees incurred in the investigation of such claim) which may be made by any person,
including the undersigned, and filed against the City of Auburn, but only where such claim arises
out of the reliance of the City, including its officers and employees, upon the accuracy of the
information provided to the City as part of this application.
5.I hereby grant permission for representatives of the City of Auburn and any other Federal,
State, or local unit of government with regulatory authority over the project to enter onto my
property to inspect the property, take photographs, and post public notices as required in
connection with review of this application and for compliance with the terms and conditions of
permits and approvals issued for the project.
Signature
J)ehvcz H B Tra..u+w ei ri Printed Name
Address
4u,bura wasb. ,115t-oo City and State �here signed
4 Page 85 of 95
XXXACADEMY DR SEDATEDESCRIPTIONSYM.P1C:\Users\APCE 2\Dropbox\APCE\2017047 - Trautwein Short Plat\Civil Drawings\P1-2017047.dwg, 9/14/2017 9:59:11 AM, APCE 2
Exhibit 4Page 86 of 95
AP CONSULTING ENGINEERS PLLC
October 2, 2017
Mr. Dustin Lawrence
City of Auburn
1 East Main Street
Auburn, WA 98001
RE: TRAUTWEIN SHORT PLAT (PRE17-0028)
VARIANCE CRITERIA
(APCE Project #2017047)
Mr. Lawrence:
CIVIL ENGINEERING
We are requesting a variance from City Standards for the Trautwein Plat on behalf of Mr.
Ron Trautwein and Ms. Debbie Trautwein, the owners of parcel 2721059013.
The following is a list of the City's criteria against which the proposed variance will be
reviewed per ACC 18.70.010. Our response follows each variance criteria, as follows:
1.That there are unique physical conditions including narrowness or shallowness
of lot size or shape, or exceptional topographical or other physical conditions
peculiar to and inherent in the particular lot; and that, as a result of such unique
physical conditions, practical difficulties or unnecessary hardships arise in
complying with provisions of the zoning code;
The property was originally purchased in February of 2006 and developed with
the intent to split it into three lots. The city had previously approved the house,
sewer, and driveway on the existing property and the permitting of the second
building in 2006 for residential use was accepted and approved by the city and
restricts subdivision of the property. The proposed property line that
accommodates the two existing residences leaves approximately 11,727 square feet
remaining on the third lot. Subdividing this third lot is infeasible and wouldn't
preserve a natural and consistent layout and density of the property given the size
of the existing lots.
2.That because of such physical conditions, the development of the lot in strict
conformity with the zoning code will not allow a reasonable and harmonious
use of such lot;
Subdividing the property into more than 3 lots wouldn't result in a harmonious
layout of the property. Specifically, a layout greater than 3 lots would create an
awkward lot orientation in relation to the existing residences that would have one
or more of the new residences facing the backyard of another lot and would have
to be designed with a different style, density, and configuration than other
subdivisions in the area. Subdividing into more than 3 lots is also not a reasonable
requirement since the city had previously approved the house, sewer, and
APCE@APConsultingEngineers.com (253)737-4173 PO Box 162, Auburn, WA 98071
Exhibit 5
Page 87 of 95
driveway on the existing property in locations that leave only enough property
available for one additional lot of similar size.
3.That the variance, if granted, will not alter the character of the neighborhood, or
be detrimental to surrounding properties in which the lot is located;
The residential lots to the east of the project site range from 10,000 square feet to
over 14,000 square-feet in size. This size is consistent with the 3 lots proposed on
the owner's parcel. Lots to the south and east are generally much lower in density
than the 5 to 7 lots required by the Auburn City Code. Since the layout of the
subdivision will result in lots that are similar in size to that of the surrounding
area, the project will not alter the character of the existing residential
neighborhood. No negative impacts to the surrounding properties are expected
since traffic and maintenance will be reduced with a lower density. All road
improvements and emergency services will be designed to meet the same City
standards for safety and no negative environmental impacts are anticipated as a
result of the variance.
4.That the special circumstances and conditions associated with the variance are
not a result of the actions of the applicant or previous owners;
The city had previously approved the house, sewer, and driveway on the existing
property and the permitting of the second building for residential use was
accepted and approved by the city. The existing permitted structures where built
in accordance with City standards and restrict the subdivision of the property. The
conditions and circumstances to subdivide into three lots was communicated
before the change in residential code when the buildings where initially being
permitted. The special conditions are not, therefore a result of the applicants
actions.
5.Literal interpretation of the provisions within the zoning code would deprive
the applicant of rights commonly enjoyed by other properties in the same
zoning district;
Literal interpretation of the provisions within the zoning code would deprive the
owner of the property the ability to proceed with development into the 3 lots that
the owner has been pursuing since they initially started working with city to
subdivide the property in or around 2006.
6.The approval of the variance will be consistent with the purpose of the zoning
code and the zoning district in which the property is located;
The density of area will be increased from 1 lot to 3 lots on the proposed property,
therefore the variance will be consistent with the purpose of the zoning code to
increase density in the project area.
7.The authorization of such variance will not adversely affect the Comprehensive
Plan.
The current variance is not expected to adversely affect the City of Auburn's
Comprehensive Plan. Density of the property will still be increased and will be
consistent in size to the surrounding parcels. Planned connectivity and access to
nearby transit services and recreation facilities will not be altered. All roadPage 88 of 95
improvements and emergency services will be designed to meet the same City
standards for safety and no negative environmental impacts are anticipated as a
result of the variance.
Please let us know if we can provide you with any additional information to support
your review. If you have any questions, we can be reached at (253) 737-4173 or via email
at APCE@APConsultingEngineers.com.
Sincerely,
A'P CONSULTING ENGINEERS PLLC c�
Page 89 of 95
NOTICE OF APPLICATION (NOA)
NOTICE OF PUBLIC HEARING
Trautwein Property - Variance to Minimum Density to Allow for Future 3 Lot Short Plat
VAR17-0008
The City of Auburn is issuing a Notice of Application (NOA) and Notice of Hearing for the
following described project. The permit applications and listed studies may be reviewed at the
Auburn Community Development & Public Works Department at 1 E Main ST, 2nd Floor,
Customer Service Center, Auburn, WA 98001.
Proposal: Request for a variance to decrease the minimum density standard of 5 dwelling units
per acre to 3 dwelling units per acre in order to allow a future 3-lot short plat. The subject site is
located in the R-7 Residential Zone, Seven Dwelling Units per Acre.
Location: The project site is located on the south side of the property at 3407 Academy Drive
SE, King County Assessor Parcel No. 2721059013.
Notice of Application: November 10, 2017
Permit Application: October 3, 2017
Complete Application: October 26, 2017
File No. VAR17-0008
Applicant: Don Bieber
3407 Academy Drive SE
Auburn, WA 98092
Property Owner: Debra Trautwein
3407 Academy Drive SE
Auburn, WA 98092
Studies/Plans Submitted with Application:
Site plan, prepared by AP Consulting Engineers, dated September 1, 2017
Other Permits, Plans, and Approvals Needed:
Preliminary Short Plat, Grading Permit, Facility Extension Agreement (FAC), Final Short
Plat, Building Permit
Statement of Consistency and List of Applicable Development Regulations: This proposal
is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and
Design and Construction Standards.
Public Comment Period: All persons may comment on this application. Comments must be in
writing and received by the end of the 15-day comment period at 5:00 p.m. on November 27,
2017 to the mailing address of 25 W Main ST, Auburn, WA, 98001-4998. Any person wishing to
become a party of record, shall include in their comments that they wish to receive notice of and
participate in any hearings, if relevant, request a copy of decisions once made, and be made
Exhibit 6
Page 90 of 95
NOTICE OF APPLICATION
VAR17-0008 (Continued)
Page 2 of 2
aware of appeal rights. For questions regarding this project, please contact Dustin Lawrence,
AICP, Senior Planner, at dlawrence@auburnwa.gov or (253) 931-3092.
Public Hearing: The Hearing Examiner will conduct a public hearing on the Variance at City
Hall Council Chambers, 25 W Main ST, Auburn, Washington 98001 on December 20, 2017 at
5:30pm.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to
this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as
to the type of service or equipment needed. Each request will be considered individually
according to the type of request, the availability of resources, and the financial ability of the City
to provide the requested services or equipment.
VICINITY MAP:
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CITY OF
4A-
GBUKN
WASHINGTON
AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE
Application Number:
Applicant
Property Owner:
Location:
Closing Date for Public Comments:
VAR17-0008
Don Bieber
3407 Academy Dr SE
Auburn, WA 98092
Debra Trautwein
3407 Academy Dr SE
Auburn, WA 98092
3407 Academy Dr SE, Auburn, WA, King County
parcel number 2721059013
November 27, 2017
I certify that on November 10, 2017 1 did send a Notice of Application for the above referenced
application, as required by Auburn City Code (ACC) 14.07 and 18.70.010(A) to all property
owners located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped
through the United States Postal Service at least 15 days prior to the closing date for public
comments noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
Tina Kriss — Administrati+ Assistant
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