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HomeMy WebLinkAboutItem VII.AWASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: REZ03-0002 4/30/2003 Department: Planning Attachments: H.E. Decision, Staff Budget Impact: Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council to approve the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and, to instruct the City Attorney to prepare the necessary Ordinance. Background Summary: The Hearing Examiner on April 22, 2003, conducted a public hearing on the request of Andrew Benedetti, the owner of the parcels located at 509 M Street SE (A) and1123 6th Street SE (B), has requested that said properties be rezoned from the existing zone of R2, Single Family Residential, to R3, Two Family (Duplex) Residential. Subsequent to the hearing, the Examiner recommended to the City Council approval of the rezone. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. HE\REZ03-2 L0505-1 03.8 REZ03-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Serv. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board []PublicWorks [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: []Yes []No Council Approval: []Yes [-INo Call for Public Hearing / /__ Referred to Until / / Tabled Until / / Councilmember: Borden Staff: Krauss Meeting Date: May 5, 2003 Item Number: VII.A AUBUP. N * tO, ORE THAN-YOU IMAGINED CITY OF WASHINGTON Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998, www.ci.auburn.wa.us ~ 253-931-3000 April 29, 2003 ANDREW BENEDETTI 24315 SE GREEN VALLEY ROAD AUBURN WA 98092 RE: APPLICATION NO. REZ03-0002 Dear Mr. Benedetti: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on April 22, 2003. The City Council will consider your request on May 5, 2003 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Councilmembers might have regarding your proposal. If you have any questions regarding the attached, please give us a call. Director PK:pz Attachment cc: Building Department Public Works Department City Clerk HE\DEC\REZ03-2 FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF AUBURN APPLICATION: APPLICANT: REQUEST: LOCATION: APPLICATION FILED: SEPA STATUS: DATE OF PUBLIC HEARING: DECISION ISSUED: DECISION: STAFF REPRESENTATIVES: PUBLIC TESTIMONY: WRITTEN TESTIMONY: REZ03-0002 Andrew Benedetti Rezone from R2 to R3 509 M Street SE (A), 1123 6t~ Street SE (B) January 24, 2003 DNS issued March 14, 2003 April 22, 2003 April 29, 2003 Recommend approval Shirley Aird None Exhibit #1: Case file and environmental file INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this application. FINDINGS OF FACT Andrew Benedetti, the owner of the parcels located at 509 M Street SE (A) and1123 6~h Street SE (B), has requested that said properties be rezoned from the existing zone orR2, Single Family Residential, to R3, Two Family (Duplex) Residential. The subject properties are currently vacant. There are no current proposals or pending permit applications for development on either parcel, though the applicant has stated a desire to develop the parcels for duplexes. HE\DEC\REZ03-2 Page 2 Findings and Decision Application No. REZ03-0002 The zoning surrounding the site is mixed. The subject properties are located at/near the intersection of a major arterial (M Street SE) and 6th Street SE, and the area is designated as a "transition" area between single family uses and the more intensive Residential-Office zoned uses to the east. The subject properties are designated Moderate Density Residential on the City of Auburn Comprehensive Plan Land Use map. The Auburn Comprehensive Plan (Chapter 14, "Comprehensive Plan Map") indicates that Moderate Density Residential Comprehensive Plan designation is implemented by the R-3 Two Family (Duplex) Residential District and the MHP Residential Manufactured Home Park District. The applicant's rezone proposal is consistent with the existing Comprehensive Plan map designation, The contents of case file REZ03-0002 and the environmental file SEP03-0005 of this project are hereby incorporated by reference and made part of the record. 6. At the time of the public hearing there was no public testimony regarding this re-zone request. CONCLUSIONS OF LAW The Hearing Examiner has concluded on the basis of the evidence that the rezone may be approved based upon the following: 1. The proposal is consistent with the Comprehensive Plan Map designation, zoning and existing uses in the area. 2. SEPA review has been conducted on the proposal with a DNS issued March 14, 2003. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval. Dated this 29th day of April, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of Auburn. Diane L. 'qanDerbeek, Hearing Examiner HE\DEC\REZ03-2 Page 3 Findings and Decision Application No. REZ03-0002 REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with'the Hearing Examiner no later than seven days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their May 5, 2003, meeting. At the May 5, 2003, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing. HE\DEC\REZ03-2 Page 4 CITY OF AUBURN AGENDA BILL APPROVAL FORM' Agenda Subiect: Public Hearing- Application No. REZ03-0002 I Date: April 4, 2003 I Department: Planning IAttachments: Vicinity Map' D'N'S''Application IBudget Impact: Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the rezone based upon the Findings of Fact and Conclusions as outlined. Background Summary: REPORT OF FACTS: OWNER/APPLICANT: REQUEST: SIZE: LOCATION: EXISTING ZONING: EXISTING LAND USE Andrew Benedetti Rezone from R2 to R3 Parcel A: 9,475 square feet Parcel B: 7,263 square feet 509 M Street SE (A), 1123 6"' Street SE (B) R2, Two Family (Duplex) Residential Vacant (formerly a residential garage on parcel A) COMPREHENSIVE PLAN DESIGNATION: Moderate Density Residential SEPA STATUS: Determination of Non-Significance (DNS) issued March 14, 2003 ZONING AND LAND USE DATA IN THE VICINITY: Existing Zoning North R2 South R3 East RO West R2 Existing Land Use SF Residence Duplex/MF Housing Multifamily SF Residence Comprehensive Land Use Plan Designation Moderate Density Res. Moderate Density Res. Office/Residential Moderate Density Res. Reviewed by Council Committees & Commissions: Arts Commission Council Committees: Headng Examiner Finance Human Resources __ Municipal Services Library Board Planning & CD Park Board Public Works Planning Commission. Other Reviewed by Departments & Divisions: . Airport x M&O x~ Building Mayor ___ Cemetery Parks Finance Personnel x Fire x Planning x Legal x Police Library x Public Works Staff: Shirley Aird Meeting Date: April 22, 2003 Page: I CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subiect: Public Hearing - Application No. REZ03-0002 Date: April 10, 2003 Background Summary (cont'd): FINDINGS OF FACT: Andrew Benedetti, the owner of the parcels located at 509 M Street SE (A) and1123 6th Street SE (B), has requested that said properties be rezoned from the existing zone of R2, Single Family. Residential, to R3, Two Family (Duplex) Residential. The subject properties are currently vacant. There are no current proposals or pending permit applications for development on either parcel, though the applicant has stated a desire to develop the parcels for duplexes. The zoning surrounding the site is mixed. The subject properties are located at/near the intersection of a major arterial (M Street SE) and 6th Street SE, and the area is designated as a "transition" area between single family uses and the more intensive Residential-Office zoned uses to the east. The subject properties are designated Moderate Density Residential on the City of Auburn Comprehensive Plan Land Use map. The Auburn Comprehensive Plan (Chapter 14, "Comprehensive Plan Map") indicates that Moderate Density Residential Comprehensive Plan designation is implemented by the R-3 Two Family (Duplex) Residential District and the MHP Residential Manufactured Home Park District. The applicant's rezone proposal is consistent with the existing Comprehensive Plan map designation, 5. The contents of case file REZ03-0002 and the environmental file SEP03-0005 of this project are hereby incorporated by reference and made part of the record. CONCLUSIONS: Staff has concluded that the rezone may be approved based upon the following: 1. The proposal is consistent with the Comprehensive Plan Map designation, zoning and existing uses in the area. 2. SEPA review has been conducted on the proposal with a DNS issued March 14, 2003. CONDITIONS: None proposed. HE~APP\STRZ03-2 Staff: Shirley Aird I Meeting Date: April 22, 2003 Page: 2 SE SE 'SE BURINGTON NORTHERN n.R. B N ~ ~ SR 18 HWY le 5TH ST SE R2 7TI ATION ,~0 SR18 Ro Ro Ro I I- I 0 I APPLICATION NO.: APPLICANT: REQUEST: LOCATION: REZ03-0002 Andy Benedetti Request to rezone property from R-2, Single Family to R-3, Two Family (Duplex) 509 M Street SE and 1123 - 6th Street SE Telephone: 253.931.3000 25 W MAIN ST * AUBURN WA * 98001-4998 FAX: 253.288.3132 Peter B. Lewis Mayor Jeanne Barber Mayor Pro-Tem Trish Borden Council Member Stacey Brothers Council Member Gene Cerino Council Member Fred Poe Council Member Sue Singer Council Member Rich Wagner Council Member Mayor's Office 253.931.3041 Finance 253.931.3033 Parks & Recreation 253.931.3043 Public Works 253.931.3010 City Attorney 253.931.3030 City Clerk 253.931.3039 Human Resources 253.931.3040 Planning & Community Development 253.931.3090 Police 253.931.3080 Fire 253.931.3060 FINAL DETERMINATION OF NON-SIGNIFICANCE SEP03-0005 DESCRIPTION OF PROPOSAL: Rezonin.q of two adjacent parcels totaling. approximately 0.38 acres from R2, Sin.qle Family Residential, to R3, Duplex Residential. Applicant anticipates construction of one {1) duplex on Parcel B, lot size of 7,263 square feet and eventual construction of a second duplex on Parcel A. PROPONENT: Andrew, Benedetti LOCATION: 509 M Street SE (parcel "A") and 1123 6a Street SE (Parcel "B") LEAD AGENCY: City of Aubum The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (ELS) 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. There is no comment period for this DNS. RESPONSIBLE OFFICIAL: POSITION/TITLE: ADDRESS: DATE ISSUED: March 14, 2003 Paul Krauss AICP Director of the Department of Planning & Community Development 25 West Main Street Aubum, Washington ~~ (253) 931-3090 SIGNATURE: Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk within 14 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. on March 28, 2003. Rezone for Heating Examiner.. age 4 REZONE APPLICATION APP/XIEANTS NAME Sec. Twp. Rng.:,, Area Code: Scheduled Public Hearing: I APPLICATION NUMBER Zone Existing: ~-~ Zone Request: L" ~ Date Rec.e. ived; ['-,~t-/-O;'~ s~o,~Ooo~d~ato~.- ,&V~ ~~ ....................................... ........................................................................ APPLICANT:' cOMPLETE THIS FORM WITH ALL,ENTRIES. BEING .TYPED i, (except signatures) OR NEATLY PRINTED IN INK. IF.'ADDED SPACE IS ' NEEDED, ATTACH TFIE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S) of property numbered opposite my (Our) names(s) hereby petition for a change of zoning classification of property described herein from: Ae Bm How is the property involved in this application more suitable for the uses permitted in the proposed zone than those permitted in the present classification? I'1' ~OOOUP ~P..ooit:M7 dzu,~r-ry, L.0~-V~t~tT,..~ Explain why there is a need in.the area for more zoning of the type requested, and wherever possible, substantiate this statement with factual data. APPL\^REZONE-HE Rev. Oct-98 Rezone for Hearing Examiner. age 5 Why is this zoning compatible with the other existing uses in the neighborhood? Why is .this rezone compatible with the existing zoning in the area? Why is this rezone consistent with the Comprehensive Plan for the area? APPL\^REZONE.HE Rev. Oct-98 Rezone for Hearing Examiner. age 6 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS . PARCEL NUMBER NAME, ADDRESS & PHONE NUMBER (Please PrinO SIGNATURE AGENT and/or OWNER'S REPRESENTATIVE: Name: Address: City/Phone: Please be advised that even thOugh the City of Auburn may approve your requested rezone, that approval does not guarantee a subsequent, specific use. You will be required to conform to all other development criteria of the City of Auburn in order to develop your property. APPL\^REZONE-HE Rev. 0ct-98 Rezone for Heating Examiner - Page 7 ~.LEGAL DESCRIPTION OF PROPERTY , Icg / zl / os ¢ LOTS 9, 10, I 1 BLOCK 11 RAILROAD EDITION TO AUBURN .According to the plat recorded in Volume 20, page 35 oFplats oFKing County Washington -- \ Beginning at the southeast corner of Lot 9, Block 11, Railroad Edition to Auburn according to the plat recorded in Volume 20, page 35 of plats of King County Washington; thence west along the'south line of'said Lot 9 a distance of 80.0 feet; thence north along the line parallel to the east line oFsaid Lot 9, a distance of 82.0 Feet to the north line of Lot 10 Block I I Railroad Addition to Auburn; thence northeast a distance of 37.4 Feet to the north line of Lot I I Block 11 Railroad Edition to Auburn: thence east along the north line of said ~.ot 11 a distance of 75.0 Feet: thence south along the east line of said Lot I 1, said Lot 10, and said Lot 9 a distance of 120.54 Feet to the point of beginning. PARCEL B 11"2,$ G, Beginning at the southwest corner of' Lot 9 Block 11 Railroad Edition to Auburn according to ,the plat recorded in Volume 20, page 35 of'plats of'King County Washington; ~hen4e north along the west line of'said Lot 9, Lot 10 Block 11 Railroad Edition to .Auburn and Lot 11 Block I1 Railroad .Edition to Auburn a distance of 117.61 feet; thence east along the north line oFsaid Lot 11 a distance of 67.2 feet; thence southwest a distance of 37.4 Feet to the north line of'said Lot 10; thence south along the line parallel to the east line of'said Lot 9 a distance of 82.0 Feet to the south line of said Lot 9; thence west a distance of 589 Feet to the point of beginning. FEE PAYME'NT: $750.00 plus $350.00 for SEPA checklist Cashier's Initials:' Date Received: T.R. #: R¢¥ 0ct-98 '"'