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HomeMy WebLinkAboutItem II-A-1WASHINGTON AGENDA BILL APPROVAL FORM A.qenda Subiect Date: ZOA03-0005 - David Heer November 10, 2003 Department: Planning Attachments: application, DNS, Budget Impact: vicinity map Administrative Recommendation: City Council to conduct a public hearing on the proposed rezone of approximately 1.3 acres west of Auburn Wa), North, in White River Valle), Home Tracts 2nd Addition, to C-3, Heavy Commercial. Back.qround Summary: On June 16, 2003, City Council passed Resolution initiating annexation and rezoning of three parcels of land along Auburn Way North that are owned by David Heer. The three parcels total 57,836 square feet, or about 1.33 acres. Total assessed value of the property is $196,000. The property is currently uninhabited. The annexation was submitted to the Boundary Review Board for a 45-day period and has been returned to the City for an annexation Ordinance. Following passage of an Ordinance, the annexation is open to protest for 45 days and then can be final. At annexation, Mr. Heer requests that his property be zoned C-3. This is in compliance with the underlying City of Auburn Comprehensive Plan designation. In addition, the City will annex the intersection of Auburn Way North and 85th Avenue S. A SEPA Determination of Non-Significance (SEP-03-0028) was issued for this matter on September 17, 2003.. The Planning Commission held a public hearing on October 7, 2003 and recommended approval. The Planning and Community Development Committee reviewed the rezone and recommended approval on October 27, 2003. COUNClL~OA03-5 HEER L1117-2 O3.1 ANX03-0002, 03.8, O3.4.2.1.2 ZOA03-0005 Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Sen/. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board []Public Works [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: []Yes []No CouncilApproval: []Yes []No Call for Public Hearing __/ /__ Referred to Until / / Tabled Until / / Councilmember: Borden Staff: Krauss Meeting Date: November 17, 2003 Item Number: II.A.1 AUBURN · MORE THAN YOU IMAGINED i'"~ ..... ~ WASHINGTOi Peter B. Lewis, Mayc: 25 W~--~t~ M~n S .t~t ~ Auburn WA 98001-4996 ~ www.ci.aubum.wa.u~ ~ 253-931-300~ FINAL DETERMINATION OF NON-SIGNIFICANCE SEP03-0028 DESCRIPTION OF PROPOSAL Establish a Zonin.q designation of C-3, Heavy Commercial for the subiect parcels to take effec[ ,upon annexation into the City of Auburn. PROPONENT Shidey Aird, AICP ..City of Auburn Department of Plannin.q and Community Development LOCATION ,The property is located on the south comer of the 85a Avenue South/A,,hum Way NoH;, intersection. 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. RESPONSIBLE OFFICIAL: POSITION/TITLE: ADDRESS: DATE ISSUED: August 27, 2003 Paul Krauss, AICP Director, of the Department of Planning & Community Development 25 West Main Street Aubum, Washington 98001 (253) 931-30(J0-~...~ SIGNATURE: %,~_ t)~,.~)~ 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 will be required to meet all applicable regulations. Any person aggrieved of this final determination may file an appeal with the Aubum City Clerk within 21 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. on September 17, 2005. A T "rrq~ · T'r~ · 11' ......... REZONE APPLICATION David Heer PROPERTY OWNER'S NAME Sec. Twp. Rng.:. APPLICATION NUMBER Zone Existing: R2 (upon annex.) Area Code: Zone Request: C3 Scheduled'Public Hearing: ~ ] 0'~-~ ~Date ReceDed: Staff Project Coordinator: ~/~0 ' /~' ........................ .................................................................... APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures} OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH 'THE 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: R-2 Single Family Residential TO _C-3 Heavy Commercial At 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? This property is prOposed for annexation, which is currently under review by the Boundary Review Board for King County. Default zoning upon annexation is R~. However, the property is located along Auburn Way North, in the midst of other heavy-commercial uses, and the underlying comprehensive plan is for Heavy Commercial. The property owner has requested that upon annexation his property be zoned C3 (see attached letter initiating annexation). Annexation was initiated by the City; therefore the zoning amendment request and SEPA for the rezone are also being initiated by the City. B. 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. A rezone of this property would provide consistency of development and uses along Auburn Way North. C. Why is this zoning compatible with the other existing uses in the neighborhood? Rezone for Hearing Examiner - Page 2 Parcels adjacent to this property along Auburn Way North are zoned C-3 Heavy Commercial, developed for a variety of purposes. The property is across Auburn Way North from the soon-to-be redeveloped "drive-in site" which is expected to have a substantial number of commercial uses. The neighborhood to the south and west of this property is still primarily residential, and is part of an unincorporated island of King County territory. While it is not known when or if these properties will annex to the City of Auburn, the underlying Comprehensive Plan designation for the are~. is M-l, Light Industrial. Why is this rezOne compatible with the existing zoning in the area? Lots adjacent to this property to the north and south, as well as the property across Auburn Way North, are all designated C-3 Heavy Commercial. In fact, were this property to remain R-2, an incompatibility would be created. Why is this rezone consistent with the Comprehensive Plan for the area? The underlying Comprehensive Plan designation is "Heavy Commercial." This designation supports the C-3 zoning classification.. 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 tLPPL V"REZONE.HE Rev. Jul-03 Rezone for Hearing Examiner - Page 3 AGENT and/or OWNER'S REPRESENTATIVE: N/A 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 aH other development criteria of the City of Auburn in order to develop your property. APPL~^REZONE-HE Rev. Jul-03 Rezone for Hearing Examiner - Page 4 LEGAL DESCRIPTION OF PROPERTY "HEER" ANNEXATION LEGAL DESCRIPTION WEST OF AUBURN WAY N. IN WHITE RIVER VALLEY HOME TRACTS 2'D ADDITION THAT PORTION OF WHITE RIVER VALLEY HOME TRACTS SECOND ADDITION, UNRECORDED, LOCATED IN THE WEST HALF OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 4 OF THE WHITE RIVER VALLEY HOME TRACTS SECOND ADDITION, AN UNRECORDED SUBDMSION (THE LEGAL DESCRIPTION OF SAID TRACT 4 IS RECORDED IN VOLUME 2006 OF DEEDS, PAGE 485 AND RECORDED UNDER KING COUNTY RECORDING NUMBER 319996), SAID SOUTHEAST CORNER BEING AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE LANDS DESCRIBED IN CITY OF AUBURN ANNEXATION ORDINANCE 4843 AND ON THE WEST MARGINAL LINE OF 85TM AVENUE SOUTH; THENCE NORTHERLy ALONG THE EASTERLy BOUNDARy OF THE LANDS DESCRIBED IN CITY OF' AUBURN ANNEXATION ORDINANCE 4843 AND ALONG SAID WEST MARGINAL LINE OF g5TM AVENUE SOUTH TO ITS INTERSECTION WITH THE WEST MARGINAL LINE OF STATE HIGHWAY NO. 5 (AUBURN WAY NORTH) AND THE WESTERLy BOUNDARy OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 251 l; THENCE SOUTHEASTERLy ALONG SAID WESTERLy MARGINAL LINE OF STATE HIGHWAY NO. 5 (AUBURN WAY NORTH) A DISTANCE OF 500 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THAT PORTION OF LAND ANNEXED TO THE CITY OF AUBURN BYCITY OF AUBURN ORDINANCE NUMBER 3621; THENCE SOUTHwESTERLy 50 FEET MORE OR LESS ALONG THE NORTHERLY LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3621 TO AN ANGLE POINT THEREIN; THENCE WESTERLy 215 FEET MORE OR LESS ALONG THE NORTHERLy LINE OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3621 TO THE EAST MARGINAL LINE OF g5TM AVENUE SOUTH AND THE NORTHWEST CORNER OF THE, LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3621; THENCE NORTHERLY ALONG SAID EAST MARGINAL LINE OF S5TM AVENUE SOUTH 130 FEET, MORE OR LESS, TO THE EASTERLy PROLONGATION OF THE SOUTH LINE OF SAID TRACT 4; THENCE WESTERLY ALONG SAID EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID TRACT 4 TO THE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON. APPLV'REZONE-HE Rev. Jul-03 $70~131~gEI