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
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SR 18 HWY le
5TH ST SE
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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 '"'