HomeMy WebLinkAboutItem VII-ACITY OF
WASH INGTON
AGENDA BILL APPROVAL FORM
A,qenda Subject Date:
Application No. REZ03-0003 November 10, 2003
Department: Planning Attachments: H.E. Decision, Staff Budget Impact:
Report, Vicinity Map, D.N.S.,
Application
Administrative Recommendation:
City Council to deny the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions and
Conditions.
Background Summary:
The Hearing Examiner on September 16, 2003, conducted a public hearing on the request of Greg Swain
to rezone property from the existing R-3, Two Family (Duplex) Residential to C-3, Heavy Commercial.
The property is located at 203 - 23rd Street SE.
Subsequent to the hearing, the Examiner recommended to the City Council denial 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\REZ03-3
Ll117-3
03.8 REZ03-0003
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing
Referred to Until / /
Tabled Until / /
Councilmember: Borden Staff: Kraus
Meeting Date: November 17, 2003 Item Number: VII.A
AUBURN * MORE THAN YOU IMAGINED
CITY OF
WASHINGTON
Peter B. Lewis, Mayor
25 ~",'~; Ma;~ Street, Auburn WA 98001-4998 · www. ci.aubum.wa.us, 253-931-3000
November 5, 2003
GREG SWAIN
17205 33RD STREET COURT EAST
SUIVlNER, WA 98390
BILL MOFFET
1911 SW CAMPUS DRIVE #722
FEDERAL WAY, WA 98023
RE: APPLICATION NO. REZ03-0003
Dear Applicants:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on September 16, 2003. The City Council will consider your request on November 17, 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 Counciimembers
might have regarding your proposal.
If you have any ~uestions regarding the attached, please give us a call.
Paul Krauss, AICP
Director
PK:pz
Attachment
cc: Building Department
Public Works Department
City Clerk
WASHINGTON
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:
REZ03-0003
Greg Swain/Bill Moffett
Request to rezone an 18,750 lot fi.om the existing desig~aation of R-
3, Two-Family (Duplex) Residential to C-3, Heavy Commercial
203 - 23'd Street SE
June 3, 2003
The proposed action requires the issuance ora Threshold
Determination. The City has suspended the processing and issuance
of the Threshold Determination pending the outcome of the rezone
process
September 16, 2003
November 5, 2003
Denial
Sean Martin, Planner
Bill Moffett
Greg Swain
Ray Werner
Exhibit#l: Case file
Exhibit #2: Packet and photos
Exhibit #3: Photographs, additional
Exhibit g4: Description of business
HER)EC~REZ03-0003
Page 2
Findings and Decision
Application No. REZ03-0003
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.
o
FINDINGSOFFACT
The applicant has requested the City rezone the subject lot (203 23~ Street SE, parcel number 869520-
0057) fi.om the existing R-3, Two-Family (Duplex) Residential District to C-3, Heavy Commercial.
The subject site is approximately 18,750 square foot in size, generally rectangular in shape with a width of
62.84-feet on the southern limits (with direct frontage on 23'a Street SE) and an approximate depth of 299-
feet. The current R-3 zoning was established in 1987. Prior to that date, the site, as was much of the
surrounding area, was designated as M-2, Heavy Industrial.
The subject site is developed with a single-family dwelling unit and the rear yard has historically been used
as a storage area.
The Comprehensive Plan Map designation indicates the site has a split land use designation of"Heavy
Commercial" to the northwestern parcel limits and "Moderate Density Residential" to the
south/southeastern parcel limits, including the property's frontage on 23~a Street SE.
The site has direct frontage on 23~a Street SE, a public right-of-way. 23'a Street SE is not developed to
current standards for width and level of improvement (i.e. sidewalks, curb & gutter). 23~ Street SE is
unclassified by the Comprehensive Transportation Plan and would be developed to the "Local .Residential"
standards, if improved.
The 23~a Street SE right-of-way intersects with "A" Street SE, approximately 377-feet to the west of the
subject site. The Comprehensive Transportation Plan classifies "A" Street SE as a "Principal ~t~terial".
The land uses in the vicinity of the project site to the east and south (those lots bordering 23ra Street SE) are
exclusively residential in nature. There is no commercial property east of the subject site with access to this
stretch of23~a Street SE, nor does the Comprehensive Plan envision future commercial usage irt the area
other than those properties with direct frontage on arterial roads (i.e. "A" Street SE to the west., 21st Street
SE to the north and 29~ Street SE to the south).
The City suspended the processing of the environmental review and has not issued a Threshold
Determination for the current proposal. In the event that the City Council indicates that the subject rezone
will be approved, that action must be tabled and the City will resume the completion of the enviromental
review process. A threshold determination is required prior to the City changing the zoning of a parcel.
The applicant has submitted a Comprehensive Plan map amendment request fi.om "Moderate Density
Residential" to "Heavy Commercial" for the abutting property to the request (to the east), also umder the
applicant's ownership. That proposed Comprehensive Plan Map amendment, if approved, wou]ld have the
HE~DECSREZ03-0003 Page 3
Findings and Decision
Application No. REZ03-0003
10.
11.
12.
13.
effect of clarifying the comprehensive plan map designation for this subject property by encumbering it
entirely with a "Heavy Commercial" plan designation. If the Comprehensive Plan amendment is granted
then a rezone of the subject property would be appropriate. However, the Comprehensive Plan map
amendment process will not be complete until December 2003.
The applicant argues that the rezone should be approved for a variety of reasons including the fact that a
portion of the site is designated for Heavy Commercial purposes on the Comprehensive Plan Map.
Apparently, the applicant has also applied for a Comprehensive Plan Map amendment.
At this time, the applicant's rezone request is inconsistent with the Comprehensive Plan Map and cannot be
approved.
During the course of the public hearing, the undersigned requested additional information rela'ted to the
applicant's testimony about a prior meeting between City Staff and the applicant regarding the site's
potential transportation impact and Staff requested and was granted additional time to respond to the
documents marked "Exhibit 3" (photographs) and "Exhibit 4" (description of business).
The applicant was suggesting that it was not reasonable to require certain site improvements to be made by
him as he alleged that other adjoining properties with similar uses were not required to make the site
improvements. The evidence establishes that at the time of the meeting between the applicant and the City
of Auburn, direction provided to the applicant at that time was as follows:
· The applicant would be required to dedicate approximately 12.5 feet for public right-
of-way along the property frontage.
Prior to any commercial occupancy of the site, the applicant would be required to
construct a commercial driveway with adequate throat width and radius to allow truck
movements to enter and exit the site while staying in the correct lane of traffic and not
straying over centerline.
Prior to site improvements, the applicant would be required to submit road plans to
the City development engineer for approval demonstrating the ability to construct a
road section (on the existing 30 foot road right of way), with a minimum of 24-feet of
travel way (to allow adequate two way travel), 5 feet of pedestrian travel way along
the south side of the right of way (which does not necessarily need to be sidewalk, but
at a minimum provide some form of raised curb separation from the travel way). The
road improvements above would need to be made by the applicant from the site
entrance to the intersection of 23rd Street SE and "A" Street SE. The applicant would
also need to make intersection radii and road improvements to both the north and
south sides of the intersection of A street SE and 23rd Street SE.
The applicant would be required to incorporate the existing storm drainage system to
serve the new road section to the satisfaction of the City development engineering
section and storm engineer.
· The subject right-of-way, 23ra Street SE, would be required to develop to the City
standard for a local residential street, when improved. The extension ofconunercial
HE~DEC~P~EZ03 -0003 Page 4
Findings and Decision
Application No. REZ03-0003
14.
15.
16.
activity down the corridor would likely require the application of a modified, non-
residential collector arterial standard.
The applicant would be required to construct the approved road segmen~t and
intersection improvements concurrent with site improvements and prior to commercial
occupancy.
The need for these improvements is in direct relationship to change of the site to a commercial zone use. The
existing street is substandard and unable to adequately accommodate commercial traffic. The improvements
would be conditions of development and defined as mitigation measures in the City's threshold determination.
The City suspended the processing of the SEPA application pending the outcome of the rezone.
At the September 16. 2003 public hearing, the applicant submitted Exhibit 3 (additional historical photos)
and Exhibit 4 (written text). The photos, and the testimony of Mr. Wemer, were submitted to demonstrate
that the property located at 215 23'a Street SE has been used as a commercial business since 1976
(automobile repair).
After reviewing the photos, staffhas concluded that the photos are inconclusive. The undersigned agrees
with the staff conclusions. It is important to determine with any degree of certainty based on t~he photos the
prior uses of the site.
Based on the inconclusive nature of the photograph, staff researched and found no evidence that the any
permit has been issued by the City to that address or parcel (869520-0053) to support the body shop
activity. Staffhas further found that the applicant did not establish a business registration for the body
shop. Because the historical records available to staffdo not demonstrate that the City approw~d the
establishment of the body shop (in 1976 the applicant would have had to have some type of building permit
approval and certificate of occupancy for a commercial structure) staff is unable to support the use as being
legally established, as purported by the exhibits and based on the information reviewed to date. Staff is not
attempting to dispute the use of the property by Mr. Werner, but can find no evidence that the City
authorized the use or approved the occupancy of non-residential buildings to substantiate the use was
established within the parameters of the regulations that existed at the time.
Staffdoes note the area was annexed into the City in 1959 (City Ordinance No. 1279) so there is the
possibility these uses were authorized by King County prior to annexation, but neither the applicant or Mr.
Werner have offered those facts into evidence. No evidence of prior approvals by King County was offered
at any time.
As defined in the staff report, the use of the property by the applicant is not likely to cause adverse or
significant impacts to the site or the surrounding area. Those findings, also asserted by the applicant, would
be relevant if the applicant were seeking a discretionary permit (such as a conditional use permit) which
requires the City to balance the character of the neighborhood and how it may be impacted by the
establishment of a defined use. However, those conclusions are not applicable to the rezone application,
where any future applicant can establish a zoned use on the site. Once the zoning is established, the City
cannot limit the uses allowed to develop at the subject site to those consistent with the applican~t's current
proposal.
The undersigned also disagrees with the applicant's implication that because the residential uses are more
consistent with higher density development that they are less likely to be impacted by non-residential uses.
HE~DECSREZ03 -0003 Page 5
Findings and Decision
Application No. REZ03-0003
17.
The residential mobile home park to the south and the multiple family residential units to the east are
entitled to the same consideration as a single-family neighborhood or other, less intensely developed
residential uses.
The establishment of the C-3, Heavy Commercial zoning district as further easterly encroachment along this
corridor is inconsistent with the direction of the Comprehensive Plan. The requested zoning also has the
potential to adversely impact the corridor and surrounding properties, which are not intended or consistent
with the development of commercial uses. The request for a rezone should be denied.
The contents of the case file, REZ03-0003, and the environmental file, SEP03-0024, for this project are
hereby incorporated by reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
The Hearing Examiner has concluded that the rezone should be denied based upon the following Conclusions of
Law, the evidence at the public hearing, and the evidence submitted since the public hearing, and careful
consideration of the evidence for a lengthily period.
1. While the Comprehensive Land Use Plan Map designation of"Heavy Commercial" does transect the subject
parcel, the principal designation of the parcel is "Moderate Density Residential".
Chapter 14 of the Auburn Comprehensive Plan (ACP) defines the purpose of the "Heavy Conurtercial" plan
map designation as follows,
"...to provide automobile oriented commercial areas to meet both the local and regional need for such
services".
The existing characteristics and long term vision of the parcels in this vicinity of the City does not support
the intent to offer local and regional services, as the "Heavy Commercial" designation purpose statement
intends. The character of the area, particularly given the mobile home park immediately to the south (across
23ra St. SE) is residential in nature.
Chapter 14 of the Auburn Comprehensive Plan (ACP) further defines that the criteria for applying the
designation should be limited to,
"...areas which are highly accessible to automobiles along major arterials. Generally this category
would characterize commercial strips. This zone is appropriate for the intersections of heavily traveled
arterials, even if adjacent sites are best suited for another commercial designation."
Auburn Comprehensive Plan policy "LU-65" states that:
"The City shall identify those existing commercial arterials that are appropriate for continued general
(heavy) commercial development, and those arterials that are appropriate for continued or future limited
(i.e. professional office type) commercial development."
The subject site does not have direct frontage to a designated arterial and is located several hundred feet
from the closest arterial (A Street SE) because of the east-west orientation of the abutting parcel 'to the west.
HESDEC~REZ03-0003 Page 6
Findings and Decision
Application No. REZ03-0003
The adjacent lots to the west, with frontage on "A" Street SE are zoned C-3, Heavy Commercial. This
property does not therefore lend itself to being part ora commercial strip and would instead promote "creep"
of the commercial zoning further into the residential area.
Further, while the applicant's particular intended use of the site as a storage yard might have less impacts
and generate less traffic than other uses allowed in the C-3 zone, the zone change would also al]low C-3 zone
uses with more intensive characteristics than that proposed by the applicant.
Once the zoning is established, any of the uses permitted in the C-3 could occur on-site. These other heavy
commercial uses could have adverse impacts on the residential uses in the area.
In any event, the proposed zoning is and remains inconsistent with the City of Auburn Comprehensive Plan
Map. Even though part of the site is designated Heavy Commercial, all of it is not.
As defined by Auburn City Code 18.30.010, the intent and objective of the C-3 zoning district is to provide
for the location of and grouping of enterprises which may involve some on-premises retail service but with
outside activities and display or fabrication, assembling, and service features. This zone is intencled to
accommodate uses that are oriented to automobiles either as the mode or target or producing the commercial
service.
Those commercial uses allowed by the C-3 zone are not consistent with the existing character of the 23rd
Street SE corridor. The 23rd Street SE right-of-way would not adequately support the transportation
characteristics of the majority of uses permitted within the C-3 zone. Even if the road were improved,
granting of the zone change would permit the property to be used for any use allowed under the C-3 zone
and surrounding residential properties could be negatively impacted by additional traffic, noise and/or visual
impacts.
DECISION
The Hearing Examiner recommends to the City Council denial of the rezone request based upon the Findings of
Fact, Conclusions of Law, and evidence presented. There is no factual or legal basis to grant the rezone request.
Dated this 5th day of November, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance,
City of Auburn.
Diane L. VanDerbeek, Hearing Examiner
HE~DEC~REZ03-0003
Page 7
Findings and Decision
Application No. REZ03-0003
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 fi.om 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 November 17, 2003, meeting. At the November 17, 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~DECLREZ03-0003
Page 8
AGENDA BILL APPROVAL FORM
A.qenda Subject Date:
Public Hearing Application No. REZ03-0003 9/11/2003
DepaP~i-~ent: Planning .Attachments: Vicinity map, Budget Impact:
application, notice of application,
Comprehensive Map designation
exhibit
Administrative Recommendation:
Hearing Examiner to recommend to the City Council denial of the rezone request based upon the
Findin~ls of Fact and Conclusions outlined.
Back.qround Summary:
REPORT OF FACTS:
OWNER/APPLICANT: Greg Swain/Bill Moffett
REQUEST: Request to rezone an 18,750 lot from the existing designation of R-3, Two-
Family (Duplex) Residential to C-3, Heavy Commercial
LOCATION: 203 - 23r~ Street SE
EXISTING ZONING: R-3, Two-Family (Duplex) Residential
EXISTING LAND USE Single-family residence
COMPREHENSIVE The lot has a split designation transitioning from "Heavy Commerciar'
PLAN DESIGNATION: along the northern western limits to "Moderate Density Residentiar' along
the south/southeastern limits.
SEPA STATUS: The proposed action requires the issuance of a Threshold Determination.
The City has suspended the processing and issuance of the Threshold
Determination pending the outcome of the rezone process
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 I-'lPublic Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: I-lYes []No
Council Approval: · []Yes []No Call for Public Hearing / /
Referred to Until / /
Tabled Until /
Councilmember: Borden I Staff: Martin
Meeting Date: September 16, 2003 Item Number:
AUBURN, THAN YOU IMAGINED
A.qenda Subject
Public Hearing Application No. REZ03-0003
Date:
9/11/2003
ZONING AND LAND USE DATA IN THE VICINITY:
North
Existin~ Zoninq
C-3, Heavy Commercial
Existin,q Land Use
Commercial Contractor
South Right-of-way then R-MHP
East R-3
West C3
23r~ Street SE, Mobile Home Park
Single family residence
'Single Family Residence
.Comprehensive Land Use
..Plan Designation
Heavy Commercial/Moderate
Density Residential
Moderate Density Residential
Moderate Densiity Residential
Heavy Commercial
FINDINGS OF FACT
The applicant has requested the City rezOne the subject lot (203 23rd Street SE, parcel number
869520-0057) from the existing R-3, Two-Family (Duplex) Residential Distdct to C-3, Heavy
Commercial.
The subject site is approximately 18,750 square foot in size, gener~a~l~, rectangular in shape with a
width of 62.84-feet on the southem limits (with direct frontage on 23 Street SE) and an approximate
depth of 299-feet. The current R-3 zoning was established in 1987. Prior to that date, the site, as
was much of the surrounding area, was designated as M-2, Heavy Industrial.
The subject site is developed with a single-family dwelling unit and the rear yard has historically
been used as a storage area.
The Comprehensive Plan Map designation (exhibit attached) indicates the site has a split land use
designation of "Heavy Commercial" to the northwestern parcel limits and "Moderate Density
Residential" to the south/southeastern parcel limits, including the preperty's frontage on 23rd Street
SE.
The site has direct frontage on 23rd Street SE, a public right-of-way. 23rd Street SE is not developed
to current standards for width and level of improvement (i.e. sidewalks, curb & gutter). 2.3'd Street
SE is unclassified by the Comprehensive Transportation Plan and would be developed to the "Local
Residential" standards, if improved.
The 23~d Street SE right-of-way intersects with "A'~ Street SE, approximately 377-feet to the west of
the subject site. The Comprehensive Transportation Plan classifies "A" Street SE as a "Principal
Arterial".
7. The land uses in the vicinity of the project site to the east and south (those lots borderin.q 23~ Street
SE) are exclusively residential in nature. There is no commercial property east of the subject site
with access to this stretch of 23r~ Street SE, nor does the Comprehensive Plan envision 'l=uture
commercial usage in the area other than those properties with direct frontage on arterial roads (i.e.
"A" Street SE to the west, 21st Street SE to the north and 29th Street SE to the south).
8. The City suspended the processing of the environmental review and has not issued a Threshold
Determination for the current proposal. In the event that the City Council indicates that the subject
rezone will be approved, that action must be tabled and the City will resume the completion of the
environmental review process. A threshold determination is required prior to the City changing the
zoning of a parcel.
Page 2 of 4
Agenda Subject
Public Hearing Application No. REZ03-0003
Date:
9/11/2003
9. The contents of the case file, REZ03-0003, and the environmental file, SEP03-0024, for this project
are hereby incorporated by reference and made part of the record of this hearing.
10.
The applicant has submitted a comprehensive plan map amendment request from "Moderate
Density Residential" to "Heavy Commercial' for the abutting property to the request (to the east),
also under the applicant's ownership. That proposed Comprehensive Plan Map amendment, if
approved, would have the effect of clarifying the comprehensive plan map designation for this
subject pr0perty'by encumbering it entirely with a "Heavy Commercial" plan designation. If the
comprehensive plan amendment is granted then a rezone of the subject property would be
appropriate. However, the comprehensive plan map amendment process will not be complete until
December 2003.
CONCLUSIONS
Staff has concluded that the rezone should be denied based upon the following:
1. While the Comprehensive Land Use Plan Map designation of "Heavy Commercial" does transect the
subject parcel, the principal designation of the parcel is "Moderate Density Residential".
2. Chapter 14 of the Auburn Comprehensive Plan (ACP) defines the purpose of the "Heavy
Commercial" plan map designation as follows,
"...to provide abtomobile oriented commercial areas to meet both the local and regional need for
such services".
The existing characteristics and long term vision of the parcels in this vicinity of the City does not
support the intent to offer local and regional services, as the "Heavy Commercial" designation
purpose statement intends. The character of the area, particularly given the mobile home park
immediately to the south (across 23r~ St. SE) is residential in nature.
3. Chapter 14 of the Auburn Comprehensive Plan (ACP) further defines that the criteria for applying the
designation should be limited to,
"... areas which are highly accessible to automobiles along major arterials. Generally this
category would characterize commercial strips. This zone is appropriate for the intersections of
heavily traveled arterials, even if adjacent sites are best suited for another commercial
designation."
Auburn Comprehensive Plan policy "LU-65" states that:
"The City shall identify those existing commercial arterials that are appropriate for continued
general (heavy) commercial development, and those arterials that are appropriate for continued
or future limited (i.e. professional office type) commercial development."
The subject site does not have direct frontage to a designated arterial and is located several hundred
feet from the closest arterial (A Street SE) because of the east-west orientation of the abutting parcel
to the west. The adjacent lots to the west, with frontage on "A" Street SE are zoned C-3, Heavy
Commercial. This property does not therefore lend itself to being part of a commercial std,p and
would instead promote "creep" of the commercial zoning further into the residential area.
Page 3 of 4
Agenda Subiect
Public Hearing Application No. REZ03-0003
Date:
9/11/2003
Further, while the applicant's intended.use of the site as a storage yard might have less impacts and
generate less traffic than other uses allowed in the C-3 zone, the zone change would also allow C-3
zone uses with more intensive characteristics than that proposed by the applicant. Once the zoning
is established, any of the uses permitted in the C-3 could occur on-site. These other heavy
commercial uses could have adverse impacts on the residential uses in the area.
As defined by Auburn City Code 18.30.010, the intent and objective of the C-3 zoning district is to
provide for the location of and grouping of enterprises which may involve some on-premises retail
service but with outside activities and display or fabrication, assembling, and service features. This
zone is intended to accommodate uses that are oriented to automobiles either as the mode or target
or producing the commercial service.
Those commercial uses allowed by the C-3 zone are not consistent with the existino character of the
23r~ Street SE corridor. The 23'" Street SE right-of-way would not adequately support the
transportation characteristics of the majority of uses permitted within the C-3 zone. Even if the road
were improved, granting of the zone change would permit the property to be used for any use allowed
under the C-3 zone and surrounding residential properties could be negatively impacted by additional
traffic, noise and/or visual impacts.
RECOMMENDATION
That the Headng Examiner recommend to the City Council denial of the rezone request based upon the
Findings of Fact and Conclusions outlined.
HE~APP\STRZ03-3
Page 4 of 4
RMHP
RMHP
R4
0
~ ST SE
APPLICATION NO.: REZ03-0003
APPLICANT: Greg Swain
REQUEST: rezone property fi.om the existing R-3, Two Family (Duplex) Residential to C-3, Heavy
Commercial .
LOCATION: 203 - 23rd Street SE
CITY OF
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street · Auburn WA 98001-4998 · www.ci.auburn.wa.u$, 253-931-3000
NOTICE OF APPLICATION
This notice is to inform you that the City of Aubum has received the following application that
may be of interest to you. The application may be reviewed at the City of Auburn Department
of Planning and Community Development, 25 West Main Street, Auburn, WA.
Nature of Project or Request: The request to rezone a 18,700 square foot lot frorn the
existing designation of R-3 Duplex Residential to C-3, Heavy Commercial.
Location:
The subject lot is located on the north side of the 23rd Street SE right-of-way,
approximately 400-feet east of its intersection with "A" Street SE.
Date of Notice of Application: date, 2003
Permit Application Date:
June 5, 2003, July 8, 2003 and July 28, 2003
Date of Notice of Completeness: August 11, 2003
File No: REZ03-0003
Applicant:
GREG SWAIN
In addition to the rezone application, the applicant has also filed an environmental checklist
application (SEPA File No. SEP03-0024). The city has suspended the processing of the
environmental review because it intends to recommend denial of the proposal under authority
other than SEPA. If the City Council decides to approve or modify the Rezone application, their
action will be tabled until the SEPA process can be completed and a subsequent opportunity to
comment on the environmental impacts of the proposal can be provided.
Other Permits Required: The city must issue a Threshold Determination before approving the
rezone application. No other permits are necessary if the application is denied.
Additional Studies Provided with the Application: There are no additional studies
associated with this application.
Public Comment Period: You are invited to comment, request a copy of the addendum and be
made aware of any appeal rights. Comments must be received in writing by the Auburn
Department of Planning and Community Development at 25 West Main, Auburn, WA 98001-
4998 before 5:00 p.m. on date, 2003.
Public Hearings: A public hearing .is required for the project and has been tentatively
scheduled for Tuesday, September 16, 2003 at 7 p.m. in the Council Chambers of Auburn City
Hall, 25 West Main Street. A separate notice of hearing will be provided in the future.
AIJBI JR NI ,~ MORE TH6_N__YOUJ._M. A~!NE ~D~
Statement of Consistency and List of Applicable Development Regulations: ']'his proposal
is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan,
Uniform Building Code, Uniform Fire Code and Auburn Design and Construction Standards.
Proposed Mitigation Measures: Not applicable.
If you have further comments or questions related to this application, you may contact Sean
Martin of"the Planning Department at (253) 931-3090. If you call or wdte, please reference File
No., SEP03-0024.
Rezone for Hearing Examiner - P~, 4
REZONE APPLICATION
PROPERTY OWNER'S NAME~
Sec. Twp. Rng.:
Area Code:
APPLICATION NUMBER
Zone Existing:.~
Zone Request: __
Date Received: ~ _ ~
~.. ~, 05' ~ C~ / Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED
(except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEED~~-'
ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.~r,
I (we), the undersiloxx[ OWNER(S) of property numhered opposite my/~
(our) names(s) hereby petition for a change of zoning classification of lc.
property described herein from: [
A. How is the property involved in this application more suitable for the uses
permitted in the proposed zone than those permitted in thc present classification?
The property is bordered by C-3 to the North and West. 23~ St to the South and a
vacant lot to the East. It is currently being used as a single family residence with a
comraetor type storage yard. It has bee used in this manor since approximately 1!;}87
with no complaints t~om any surro~ residents or businesses
B. Explain why there is a need in the area for more zoning of the type requested, and
wherever poss~le, substantiate this statement with factual data.
The parcel requested for rezone is owned by Greg Swain, the owner ofNorstar Imlustries.
Located on the comer of 23rd and A Street, since 1990. The rezone would alloar him the
expansion he needs for his current business without relocating. He also is the property
Owner of the vacant lot bordering to the east of said parcel
APPLVREZONE-HE
Rev. Dec-02
Rezone for Hearing Examiner - °age 5
C. Why is this zoning compat~le with the other existing uses in the neighborhood?
The existing uses bordering the parcel are consistent with the rezone request.
Uses being; contractor yards, fence manufacturing and storage yard.
Why is this rezone compatible with the existing zoning in the area?
The parcel is bordered by C-3 zoning to the North and West.
Why is this rezone consistem with the Comprehensive Plan for the area?
The parcel is located within the Comprehensive Plan Heavy Commercial Area.
Rezone for Hearing Examiner - r'age 6
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELO
OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AI~
INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALS
INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION Al~
ITS ATTACHMENTS.
NAME, ADDRESS & PHONE NUMBER
(Please Print)
__Greg Swain
17205 33~ St Ct E
PARCEL
NUMBER
869520-0057-01
Sumner, WA 98390
SIGNATURE~
253-862-2818
AGENT and/or OWNER'S REPRESENTATIVE:
Name: Bill Moffet
Address:
Cit~/Phone:
1911 SW Campus Drive #733
Federal Way, WA 98023 253-232-056~,
Please be advised that even though the city of Auburn may approve your requested rezone, th
approval does not guarantee a subsequent, specific us. You will be required to conform to all oth
development criteria of the City of Auburn in order to develop your property.
APPL\^REZONE-HE
Rev. Dec-02
Rezone for Hearing Examiner - Page 7
LEGAL DESCRIPTION OF PROPERTY
The West halfofthe West half of Lot 7, Truesen's First Addition to Auburn, according to
the Plat thereof recorded in volume 29 of Plats, page 46, records of King County,
Washin~on.
FEE PAYMENT: $1,500.00 plus $700.00 for SEPA checklist
T.R. #:
Cashier's Initials:
Date Received:
APPL\^REZONE-HE
Rev. Dec-02
EXCERPT FROM THE SEPTEMBER '16, 2003 HEARING EXAMINER MEETING
MINUTES
4. APPLICATION NO. REZ03-0002,
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Greg Swain has requested to rezone property from the
existing R-3, Two Family (Duplex) Residential to C-3, Heavy Commercial. The property is
located at 203 - 23rd Street SE. The subject site has a transitional designation on the
Comprehensive Plan map and has split land use designation here. Staff recommends denial of
the rezone request. Staff has suspended processing of the SEPA checklist pending the outcome
of the rezone. He spoke about the 23rd Street right of way and the street is listed as unclassified
in the Transportation Plan. He mentioned the adjacent land uses. Applicant has also requested
a CP map amendment change from moderate density residential to heavy commercial. The
character of the area is residential and does not support change to heavy commercial. He
pointed out the chapter of CP that does not support rezone request. The applicant's intended use
may have less impact; however, once the rezone change is made, any use permitted in 03 zone
is permitted outright. Other heavy commercial uses in the area would have a more adverse
impact on the area. The applicant's proposed use may not provide potential impacts of other
uses which would be relevant if going through the conditional use permit or administrative use
permit process. If rezoned to 03, then City loses any discretionary ability. Heavy commercial
uses are not consistent with the character of 23rd Street SE corridor.
Bill Moffett, applicant's representative, distributed information to the Hearing Examiner and staff in
response to the findings of fact and conclusions contained in the staff report. Regarding Fact 3, it
was developed with single family unit and historically used as a storage area. The subject lot and
adjacent lot to the east were used as contractor storage yard for communication company for
years. He showed photo from 1989 of the site used as a storage site. Regarding Fact 7 parcel
8695200053, south of said parcels was used as commercial body shop in 1990s and should have
been retained as commercial property. He has 1985 photo of the body shop which was
inadvertently rezoned.
Mr. Moffett continued by saying that under Conclusions 1, parcel is included in heavy commercial
area. On the color map there is a white buffer of"no man's land" and is included in
Comprehensive Plan as heavy commercial and covers half of the parcel. Parcel to the east of
that is zoned C3 now and is partially encumbered by Comprehensive Plan. The parcel was used
commercially for 15 years. Under Conclusion 2, the immediate area surrounding the mobile
home park is commercial with M2 to the south, 03 and R3 to the north, and R3 to the east. There
are high density apartments. He had a photo showing the general area of the vicinity showing
industrial use on both sides of the mobile home park. Under Conclusion 3, said how the parcel
was historically used and would not constitute a creep into residential area. Any possible future
C3 development could be dealt with by improvements of 23r~ Street or access through the
adjacent C3 parcels. Mr. Moffett identified that 23r~ has two commercial accesses; one is Swain's
and the second is on 23~d Street.
Under Conclusion 4, any adverse affect on residential property would be minimal because of the
mobile home park and high density apartments. The surrounding adjacent lots are primarily
commercial. Related to traffic, on September 8, they met with David Osaki, Sean Martin and Joe
Welsh to resolve traffic impacts. No letter has been received from Joe Welsh regarding 23r~
Street improvements. Resolved by road department that if establish a 24 foot road surface with
five feet of sidewalk surface with curbs, road could be adequate to accommodate commercial
traffic off 23rd Street. There are no sidewalks on 23rd Street, it is a one lane road. Off 23rd Street
are two commercial access to commercial buildings; one is to Norstar and capable of being
improved. He referred to a dimension map that shows 30 foot strip right of way is available. An
overpay photo showing existing right of way boundaries and parcels.
Greg Swain, Norstar Industries, said they have been in Auburn for last 12 years and have
experienced some growth. They needed storage area in order to be able to stay in the area.
Planner Martin commented that in terms of the historical uses of adjacent properties, he can look
at those uses and does have aerial photos to review and will make them available to Mr. Moffett.
However, he cannot speak to historical uses of adjacent properties tonight. Staff had identified in
its recommendation that the use of the site by applicant is not likely to create adverse impacts to
adjacent uses. However, the imposition of C3 zoning and the use of any C3 permitted use could
be used and these uses would have significant impacts and the 23rd Street corridor cannot
accommodate those impacts. He does not believe that Joe Welsh has had an opportunity to
memorialize their meeting notes. He will remind contact Joe in the morning and that letter will be
forwarded to the applicant and Hearing Examiner.
In response to Hearing Examiner questions, Planner Martin said that the Comprehensive Plan
map is not parcel specific. The white area separating the color areas is a transition area between
the two contiguous designations.
In response to Hearing Examiner inquiries, Mr. Moffett showed additional photographs. Hearing
Examiner marked the packet and photos from Mr. Moffett as Exhibit 2. She marked the additional
photos from Mr. Moffett as Exhibit 3. Hearing Examiner marked the description of the business
as Exhibit 4.
Ray Werner, own and lives east of the property at 215 23~ Street SE, owns a body shop since
1970 and just does own personal work now. He sold the property to Greg Swain in 1987. After
he bought it had storage yard, construction company, and rented to Mr. Swain. There is no
reason why the property cannot be rezoned. His property was C3 in the past. There is all kinds
of traffic from the apartments.
Planner Martin would like the record left open so that Joe Welsh, Transportation Planner, can
memorialize the discussion held earlier with Mr. Swain and Mr. Moffett. Hearing Examiner will
leave the record open until September 26.
Hearing Examiner will leave the record open to September 23 for the City to respond to Exhibits 3
and 4 to and issue the written decision 10 days from then. Community Development
Administrator Osaki suggested that the applicant might want to respond to the City's comments.
Mr. Moffett indicated that he will want to respond to the City's comments. Hearing Examiner
indicated that additional material from the City is due September 23, and the applicant response
is due September 28, and the written decision by October 1.
From:
Date:
Re:
City of Auburn Headng Examiner
Department of Planning & Community Development
September 22, 2003
September 16, 2003 Public Headng (REZ03-0003) - Follow Up
Information
.Back_(Iround
Dudng the course of the above referenced public headng, the Headng Examiner
requested additional information from staff regarding the applicant's testimony at
the September 16, 2003 public headng, as well as information regarding a
meeting held on September 8, 2003 to discuss the traffic issues associated with
the rezone application of the site from R3 ("Duplex (Two-Family) Residential") to
C3 ("Heavy Commercial").
Specifically, the additional follow-up information relate to:
Issue 1. Memorializing the discussion between the applicant and City staff
regarding the potential transportation needs to the site should it be rezone to
Heavy Commercial; and,
Issue 2 Staff requested and was granted additional time to respond to the
documents marked "Exhibit 3" (photographs) and "Exhibit 4" (description of
business).
Issue I
The City's Public Works Department Transportation Planner (Joe Welsh) was in
attendance at the September 8, 2003 meeting. Direction provided to the
applicant at that time was as follows:
· The applicant would be required to dedicate approximately 12.5 feet
for public right-of-way along the property frontage.
Pdor to any commemial occupancy of the site, the applicant would
be required to construct a commercial driveway with adequate
throat width and radius to allow truck movements to enter and exit
the site while staying in the correct lane of traffic and not straying
over centedine.
Pdor to site improvements, the applicant would be required to
submit road plans to the City development engineer for approval
demonstrating the ability to construct a road section (on the existing
30 foot road dght of way), with a minimum of 24-feet of travel way
(to allow adequate two way travel), 5 feet of pedestrian travel way
along the south side of the dght of way (which does not necessarily
need to be sidewalk, but at a minimum provide sOme form of raised
curb separation from the travel way). The road improvements
above would need to be made by the applicant from the site
entrance to the intersection of 23rd Street SE and "A" Street SE.
The applicant would also need to make intersection radii and road
improvements to both the north and south sides of the intersection
of A street SE and 23rd Street SE.
The applicant would be required to incorporate the existing storm
drainage system to serve the new road section to the satisfaction of
the City development engineering section and storm engineer.
The subject right-of-way, 23rd Street SE, would be required to
develop to the City standard for a local residential street, when
improved. The extension of commercial activity down the corddor
would likely require the application of a modified, non-residential
collector artedal standard.
The applicant would be required to construct the approved road
segment and intersection improvements concurrent with site
improvements and pdor to commercial occupancy.
The need for these improvements is in direct relationship to change of the site to a
commercial zone use. The existing street is substandard and unable to
adequately accommodate commercial traffic. The improvements would be
conditions of development and defined as mitigation measures in the City's
threshold determination. The City suspended the processing of the SEP^
application pending the outcome of the rezone.
Follow- Up Issue 2
At the September 16. 2003 public hearing, the applicant submitted Exhibit 3
(additional historical photos) and Exhibit 4 (written text). The photos, and the
Page 2 of 4
AUBURN · THAN YOU I/VLAGINED
testimony of Mr. Wemer, were submitted to demonstrate that the property located
rd .
at 215 23 Street SE has been used as a commeroal business since 1976
(automobile repair). After reviewing the photos, staff finds that they are
inconclusive as they lack definitive evidence the site was used for auto body
repair.
Based on the inconclusive nature of the photograph, staff researched and found
no evidence that the any permit has been issued by the City to that address or
parcel (869520-0053) to support the body shop activity. Staff has further found
that the applicant did not establish a business registration for the body shop.
Because the historical records available to staff do not demonstrate that the City
approved the establishment of the body shop (in 1976 the applicant would have
had to have some type of building permit approval and certificate of occupancy for
a commercial structure) staff is unable to support the use as being legally
established, as purported by the exhibits and based on the information reviewed
to date. Staff is not attempting to dispute the use of the property by Mr. Wemer,
but can find no evidence that the City authorized the use or approved the
occupancy of non-residential buildings to substantiate the use was established
within the parameters of the regulations that existed at the time.
Staff does note the area was annexed into the City in 1959 (City Ordinance No.
1279) so there is the possibility these uses were authorized by King County pdor
to annexation, but neither the applicant or Mr. Wemer have offered those facts into
evidence.
As defined in the staff report, the use of the property by the applicant is not likely to
cause adverse or significant impacts to the site or the surrounding area. Those
findings, also asserted by the applicant, would be relevant if the applicant were
seeking a discretionary permit (such as a conditional use permit) that requires the
City to balance the character of the neighborhood and how it may be impacted by
the establishment of a defined use. However, those conclusions are not
applicable to the rezone application, where any future applicant can establish a
zoned use on the site. Once the zoning is established, the City cannot limit the
uses allowed to develop at the subject site to those consistent with the applicant's
current proposal.
Staff also disagrees with the applicant's implication that because the residential
uses are more consistent with higher density development that they are less likely
to be impacted by non-residential uses. The residential mobile home park to the
south and the multiple family residential units to the east are entitled to the same
Page 3 of 4
AUBURN · MORE THAN YOU IMAGINED
consideration as a single-family neighborhood or other, less intensely developed
residential uses.
Staff's odginal recommendation to deny the rezone was and is founded on the
criteda for establishment of the "Heavy Commercial" designation contained in the
Auburn Comprehensive Plan. The criteda for the establishment of this
designation indicates that it "should only be applied to areas which are highly
accessible to automobiles along major arterials. Generally, this category would
characterize commercial strips. This zone is appropriate for the intersections of
heavily traveled arterials, even if adjacent sites are best suited for another
commercial designation." (Aubum Comprehensive Plan, page 14-12.). The
subject site does not meet either criteria, consistent with Conclusion "1" of the staff
report.
The establishment of the C-3, Heavy Commercial zoning district as further
eastedy encroachment along this corddor is inconsistent with the direction of the
Comprehensive Plan. The requested zoning also has the potential to adversely
impact the corridor and surrounding properties, which are not intended or
consistent with the development of commercial uses. The request for a rezone
should be denied.
HE~._.Z03-3 CITY RESPONSE
Page 4 of 4
'AUBURN · MORE THAN YOU I/vL GINED
From: Bill Moffet
To:,
Hearing Examiner
Auburn, Wa.
Swain Rezone
RE: Follow up information from City of Auburn response 9/22/2003
Response to issue #1
I received the cities response via E-Mail on 9/23/2003 that contained the follow up letter
regarding the stroet iml~o~t meessary to utilize the site as in our request. The facts
are as discussed in the meeting on 9/8/2003.
Response to issue #2
As to the use ofMr. Werner's property at 215 23a St SE it is not known the exact dates
that Mr. Wemer used the site for conmm'cial activites. As he stated in his testimony on
9/16/2003 he has been inactive and retired for nearly 10 years. Also included in Mr.
woula race to see the project completed. Mr. Wemer was the only resident that attended
the meeting and to my knowledge was the only public response positive or negative to
ma~ ~weste o£the mobile home park directly adjacent to the south of the
proposal is included in the heavy commercial designation on the map and would also
border or access 23~ St SE if converted to a corrmercial designation in the future.
( Comp plan map showing the heavy commercial designation attached)
In conclusion we hope we can realize on our project. The site has been used
co~ over 15 years with no complaints ~om any residence residential or
commertiaL It is our feeling that we would improve the surrounding area via mad
improvements as well as public safety.
Hearing Examiner
Auburn, Wa.
RE: Swain Rezone
In response to item #3 under findings of fact the subject lot as well as the
adjoining lot to the east have been utilized as a contractor type storage area
and as a principle place of business for Bench Communication from 1987
thru mid 96. And since by Norstar Industries as storage and demonstration
yard. Photo attached from 1989 showing storage yard (I could not find a
1987 photo).
iResponse to item ~ current comp plan only includes the most Westerly portion of
current C-3 parcel to the North of rezone parcel and should include entire parcel as well
(comp plan site map included along with current zoning map.)
Response to item 8 7 under findings of fact. Parcel 8 869520-0053 directly to the south of
said parcels was used as a commercial body shop from 1976 thru 1996 prior to any
rezone from M-2 to R-3 and should have been retained as a commercial zone property as
well as the rezone partial.(1985 photo showing automotive body shop)
Response to item 81 under conclusions. It is our hope that the parcel is included in the
used commercially over 15 years.
Response to item 82 under conclusions. The immediate area surrounding the mobile
home park is primarily commercial being M-2 to the south C-3 to the west C-3 and R-3
to the north and R-3 high-density apartments to the east. (Current photo included showing
heavy industrial surrounding mobile home park.
Response to item 8 3 under conclusions. Parcel has historically been used commercially
as well as both parcels to the east. This would not constitute creep merely define the
correct zoning for the parcel. Also any poss~le future heavier C-3 development requiring
heavier traffic flow could easily be dealt with by the inevitable improvement of23~ St. or
optional access thru adjoining C-3 parcels to 21~t St. or "A" St.
Response to item 8 4 under conclutions. Any adverse affect on surrounding residential
properties would be minimal given the type of residential housing in the immediate area
In conclusion on 9/8/03 Greg Swain and Bill Moffet met with David Osaki, Sean Martin
& Joe Welsh to discuss poss~31e solutions for the road &rtm~c issues to access the rezone
parcel for its proposed use. It was agreed that if the existing road could be improved to
accommodate a 24' road surface and a5' sidewalk area from the parcel to "A" St. it
would be adequate to acco~e the commercial traffic need.
A ST
r'o
co
~ , ST, SE
3s'
3S
..' T.'.'
E~5T
Norstar Industries
Greg Swain
Auburn, WA
General Description
Sales of snowplow trucks, sanders, spray trucks and spray units.
To include, any equipment used by state and local Departments of
Transportation including equipment trailers, road sweepers, etc.
2. Light assembly of snowplows, spray trucks and roadside spray units.
3. Individual sales of plows, tanks, and spray components.
4. Rental of spray tracks and spray units.
5. Retail parts warehouse of specialized truck components.
Site Specific N¢-.,ds
Storage of inventory such as sander chains for sand trucks, sand spreading
units, snow plows and associated components, tanks for roadside spray
trucks and units; misc. assembly required parts: mud flaps, tanks baffles,
plow hitches and replacement parts.
Need substantial outside storage and activities area to be used exclusively
for storage of the above mentioned items directly related to the day to day
sales, of trucks, sales and assemblies along with storage area for rental items.
Proposed use of PossiMe Rezone Area
Proposed use for current R3 Parcel to be rezoned would include 8,000 to
10,000 sq. ft. building with some of the space for repair and installation
stalls, parts department and associated storage area, outside storage and
display area both in front and rear of building site with display in front for
parts and related items in rear. Approximately 9°/6 of area to be building and
paved area which would include required facility parking with
approximately 10% of area for land scope buffers and water retention.