HomeMy WebLinkAboutItem VII-BWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Application No. REZ04-0001 March 30, 2004
Department: Planning Attachments: Hearing Examiner's Budget Impact:
decision with referenced exhibits
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 March 16, 2004, conducted a public hearing on the request of Mike Grella and
Mark Hehnen, Thomas Academy, for a rezone of approximately 312,761 square feet (7.18 acres) from 'T',
Institutional to M-l, Light Industrial. The property is located at 20 - 49th Street NE, the south side of 49th
Street NE/NW, approximately 750-feet west of the 49th Street NE/Auburn Way North.
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\REZ04-1
L0405-2
03.8 REZ04-0001
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: Singer Staff: Krauss
Meeting Date: April 19, 2004 Item Number: VII.B
AUBURN * THAN YOU IMAGINED
AGENDA BILL APPROVAL FORM
Aqenda Subiect ' Date:
Public Hearing Application No. REZ04-0001 3/11/2004
Department: Attachments: vicinity ma~3, appiicai'ion, notice"of Budget Impact:
Planning application,~flnal staff evaluation, final DNS,
comment letter from State Office of Archaeology and ',,
Historic Preservation, notice of public hearing,
certification of posting of public hearing notices
Administrative Recommendation:
Hearing Examiner to recommend to the City Council approval of the rezone request based upon the
Findings of Fact and Conclusions outlined.
Back,q?opnd Summary:
REPORT OF FACTS:
OWNER/APPLICANT: Mike Grella and Mark Hehnen, Thomas Academy
REQUEST: The request is for a rezone of approximately 312,761 square feet (7.18
acres) from "l", Institutional to M-l, Light Industrial.
LOCATION: 20 49th Street NE. The south side of 49"' Street NE/NW, approximately
750-feet west of the 49"' Street NE/Auburn Way North
EXISTING ZONING: "[", Institutional
EXISTING LAND USE Private school and school grounds
COMPREHENSIVE The properties have a "Light Industrial"
PLAN DESIGNATION: Comprehensive Plan Map designation.
SEPA STATUS: The proposed action requires the issuance of a Threshold Determination.
The city issued a Final Determination of Non-Significance on February 18,
2004.
Reviewed by'Council & C01~mittees: ' ~_~vieWed by Departme..nts& Division~
_ Arts Commission COUNCIL COMMITTE ES: _K Building ~' M&O '
_ Airport - Finance _ Cemetery _ Mayor
_!Hearing Examiner - Municipal Serv. Finance ._ Parks
_ Human Services - Planning & CD ~ Fire 'X Planning
Park Board - Public Works Legal ~' Police
_-- Planning Comm. I- Other~ Public Works - Human Resources
Actiop: '. ...
Committee Approval: [[]Yes [-INo
Council Approval: LJYes tlNo Call for Public Hearing .__/. /
Referred to -
Tabled Until / /
u nt'il-"' -/-- 7---
"Councilmember'i' Singe~ " I Staff: Krauss "
Meeting Date: March 16, 2004I Iter~ Number:
AUBURN · MOor THAN YOU IMAGINED
Agenda Subject
Public Hearing Application No. REZ04-0001
Date:
3/11/2004
The Comprehensive Plan designation, zoning designation and land uses of the surrounding
properties are:
'' nstrtut~onar Academy
(3 lots) Ight Industrial ~ .... . ..
,, complex.
North Ligh~'"lndustrial M-11 Light InduStrial Palette r~Pair
" business & single
family homes
"East Heavy C°mmercial~ C-;~, Heavy Single family homes
Light Industrial Commercial & Vacant
R-.4(King. County)
South Light I~dus. triat "' M-l, Light Industrial Industrial uses '
West Public & Quasi "1" Institutional Single family home &
Public; M-l, Light Industrial Industrial business
Light Industrial . .. park
FINDINGS OF FACT
The applicant has requested that the City rezone three (3) lots ("Subject lots") from the existing "1",
(Institutional) zoning district to "M-l", (Light Industrial),
The subject lots are (cumulatively) approximately 312,761 square feet in total area (7.18 acres).
The current "1" zoning was established in 2000. Prior to that date, the site and surrounding area was
designated as "R-l", Single Family Residential. The R-1 zone was established in 1995, when the
subject property was annexed to the City of Auburn in 1995 under City Ordinance No. 4780.
Of the three lots, one (Tax ID 936000-0135) is developed with the Thomas Academy School
buildings which have a cumulative floor area of approximately 17,191 square feet (according to King
County records). The remaining two parcels (Tax ~D 396000-0140 and 936000-0146) do not contain
improvements.
The Comprehensive Plan designation of the subject lots was amended during the City's year 2003
annual amendment cycle. The applicant requested a plan map amendment from "Public & Quasi
Public" to "Light Industrial". The City Council approved the request.
The proposal is a non-project action. No demolition work or earthwork is proposed under the current
action. The applicant has identified that additional work is likely to occur in the future and
understands that an additional threshold determination will be required for any proposal that exceeds
SEPA exempt levels. The only activity addressed by the associated environmental checklist
application (City File No. SEP04-0003) relates to the rezone of the subject lots.
The City received one (1) comment letter (from the Washington State Office of Archaeology and
Historic Preservation (OAPH) dated February 17, 2004) during the public comment period
associated with the Notice of Application and proposed Determination of Non-Significance. The
letter contained recommendations to conduct an archaeological survey and file a "Historic Property
Inventory" form to document the building's architectural and historic value as a component of future
applications that wouEi result in ground disturbances or building demolition. The City has previously
communicated similar concerns to the applicant and will require that these recommendations be
observed for future application submittals.
Page 2 of 3
A~enda Subject
Public Hearing Application No. REZ04-0001
Date:
3/11/2004
.3.
The subject lots are located within a corridor of the City that is designated by the Comprehensive
Plan Land Use Map as "Light Industrial, to the north, south and west and "Heavy Commercial" to the
east. The adjacent area is slowly transforming into a more industrial based sector of the City with
new industrial development OCcurring to the west and the transformation of the property to the north
from residential to industrial.
9. The contents of the case files, REZ04-0001 and the environmental file SEP04-0003, for this project
are hereby incorporated by reference and made part of the record of thiS~hearing.
CONCLUSIONS
Staff has concluded that the rezone should be approved without condition based upon the following:
1. The Comprehensive Land Use Plan Map designation of "Light Industrial" was a result ora plan map
amendment in 2003 and supports the proposed rezone request.
2. Future development of the site will be subject to city review that could include an environmental
checklist (SEPA) application and review. Future development will be required to observe or
implement all applicable regulations of the M-1 zone, including on-site landscaping and limits on
outdoor activities.
No earthwork or building demolition is proposed or authorized under the current rezone application.
The State Office of Archeology and Historic Preservation has recommended that future development
activities be subject to additional requirements, which the city will observe. As such, the potential
historical components of the subject site will not directly impacted by the change in zoning.
RECOMMENDATION
That the Hearing Examiner recommend to the City Council approval of the rezone request based upon
the Findings of Fact and Conclusions outlined.
HEV~P~TRZ04-1
Page 3 of 3
APPLICATION NO.:
APPLICANT:
REQUEST:
LOCATION:
REZO~I-O001
Thonms Ac.~ademy
Rezone property from I, Institutional to M-l, Light Industrial
20 - 49th Street NE
REZONE APPLICATION
PROPERTY OWNER'S NAME
Sec. Twp, Rng.:
Area Code:
Schedu,ed Public Headng:
APPLICATION NUMBER
Zone Existing:
Zone Request:.
Date Received:
................................................................
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 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 heroin from:
Publi~. and Quasi-Public (I - Institutional Zonincl) TO Light Industrial
A. How is the property involved in this application mom suitable for the uses permitted in the proposed zone
than those permitted in the present classification?
The property is occupied by Thomas Academy, a pdvate school. We intend to offer for sale two of the three
parcels constituting the property. These two are surplus to the needs of the school and are not being used
for school purposes.
Changing the zoning to Light Industrial is more consistent with the existing zoning of the properties
surrounding ours on all sides. For economic reasons, any prospective buyer would be motivated to
pumhase in order to develop uses consistent with the developed nature of the surrounding properties, which
are Light Industrial.
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.
The property is surrounded by properties designated Light Industrial or Heavy Commercial, and would be
mom consistent with the developed and developing nature of the vicinity.
Rezone for Headag Examiner Revi~ed
7/1412003 · . Page 4 of 7
C. Why is this zoning compatible with the other existing uses in the neighborhood?
Contiguous and surrounding pmper[ies to the south, west and north are occupied by businesses engaged in
electrical contracting, pallet repair, shipping and distribution, etc.
The property to the east of ours, out to Auburn Way North, is designated as Heavy Commemial in the
Comprehensive plan and will inevitably be developed in ways consistent with the Plan
D. Why is this rezone compatible with the existing zoning in the area?
The zoning of contiguous and surrounding properties allow the businesses cited above to operate. They am
zoned as follows:
North: M-1 Light Industrial
East:' C-3 HeaW Commercial
R-4 King County
South: M-1 Light Industria!
West M-1 Light Industrial
E. Why is this rezone consistent with the Comprehensive Plan for the area?
The Comprehensive Plan, as amended by the City Council on November 17, 2003, changed the designation
of this property to Light Industrial, which is the designation of the entire surrounding ama to the south, west
and north.
Rezone for Hearing Examiner Revised
711412003
Page 5 of 7
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
936000-0135
NAME, ADDRESS & PHONE NUMBER
(Please Print) SIGNATU~'~-- ~
PEesident, Board of Trustees
Thomas Academy
20 4g~ Street NE
Auburn, WA 98002
253-852-4437
936000-0146
936000-0140
Thomas Academy
20 49a Street NE
Auburn, WA 98002
253-852-4437
Thomas Academy
20 49a Street NE
Auburn, WA 98002
253-852-4437
AGENT and/or OWNER'S REPRESENTATIVE:
Name: Michaer Grella, Headmaster
Address: Thomas Academy
2O 49th Street NE
Aubum, WA 98002
253 852-4437
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.
Rezone for Hearing Examiner Revised
7/1412003 Page 60£7
LEGAL DESCRIPTION OF PROPERTY
Parcel ~t93600, 0-0135_.- Lot - Por 24 & 25 White River Valley Home Tracts. School lot & W 274.55 It of E 385,6
ft of tract 24 and W 257.55 It of tract 25 less a tract of land LY in NE comer of property. Address 20 49"~ St NE,
Auburn WA.
Parcel #936000-0146: Lot 24 White River Valley Home Tracts E 200 fl of W 562.5 ft,
Parcel ~J36000-0140: Lot 24 & 25 White River Valley Home Tracts E 122 ff M/L of 24 and all of 25 less W
257.55 ff of SD Lot 25. Property Address- 18 49"~ Sffeet NE.
FEE PAYMENT: $1,500.00 plus $700.00 for SEPA checklist
T. R.#:
Cashier's Initials:
Date Received:
Rezone for ~ Ex~mine~ Revised
7/1412003 Page 7ot'7
Map Output
King County
Page 1 of I
ArclMS HTML Viewer Ma
information included on this map has been comp~l~d by K}ng Counly stat~ from a variely of sourcea and is subjecl to change without notice.
Courtly makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such
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rohibiled exce
Kin~[ County I G S Center t News
By visiling this and other King Co~n'ty';;'~ PaS~,:"~,o~"~r~.~gre;~ to be bound~by
and condilions of the site.
http://www5~m~tr~kc~g~v/serv~et/com.esri~esrimap.Esrimap?ServiceName--~vervi~w&Clie...
12/9/2O03
, HINGTON ~, ~ ~ ~ · Auburn WA 98O014998, www.ci.~sm.wa.u~
NOTICE OF APPLICATION
This notice is to inform you that the City of Auburn 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 for a rezone of approximately 312,761 square feet
(7.18 acres) from '1', Institutional to M-l, Light Industrial.
Location: 20 49"~ Street NE. The south side of 49* Street NFJNW, approximately 750-feet
west of the 49"~ Street NE/Aubum Way North.
Date of Notice of Application:
Permit Application Date:
Date of Notice of Completeness:
File No:
Applicant:
January 30, '2004
January 13, 2004
January 27, 2004
REZ04-0001
MIKE GRELLA & MARK HEHNEN
THOMAS ACDEMY
In addition to the Rezone application, the applicant has also filed an environmental checklist
application (SEPA File No. SEP04-0003). Based on the City's review of this environmental
checklist application, the City expects to issue a Determination of Non-Significance (DNS) for
the proposal in accordance with the optional DNS process identified in WAC 197-11-355. The
review process for approval of the proposal may include requiring mitigation measures under
applicable codes and imposition of mitigation measures regardless of whether an
Environmental Impact Statement (ELS) is prepared. This may be your only opportunity to
comment on the environmental impacts of the proposal.
Other Permits Required: No other permits are required for the approval of the Rezone.
Additional Studies Provided w/th the Application: Thero are no additional studies
associated with this application.
Public Comment Period: You are invited to comment, request a copy of the decision, when
available, and be made aware of any appeal rights. Comments must be received in writing-by
the Auburn Department of Planning and Commun/ty Development at 25 West Main, Auburn,
WA 98001-4998 before 5:00 p.m. on February 17, 2003.
AUBURN, YOU IMAGINED
Public Hearings: A public hearing is required for the project. The hearing is tentatively set
for Tuesday, March 16, 2004 at 7 p.m. in the Council Chambers of City Hall, A separate notice
will be issued regarding that in the future.
Statement of Consistency and List of Applicable Development Regulations: This proposal
is subject to and shall be consistent with the Auburn City Code and the Auburn Comprehensive
Plan,
Proposed Mitigation Measures: The city of Auburn proposes to issue a Determination of
Non~ignificance and has not identified any mitigation measures.
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 write, please reference File
No., SEP04-O003 or REZ04-0001.
FINAL STAFF EVALUATiON FOR ENVIRONMENTAL CHECKLIST SEP04-0003
Date: January 27, 2004
Project Name: Thomas Academy Rezone
Applicant:
MIKE GRELLA/MARK HEHNEN
THOMAS ACADEMY
20 49'm STREET NE
AUBURN, WA 98002
Location: 20 29a Street NE. The south side of 49th Street NE/NW, approximately 750-feet west
of 49a Street NE/Auburn Way North.
S-T-R: 18-21-05
Principal Parcel Number: 182105-9137
Parcel Size: Approximately 23.4 acres
Proposal: The request for a rezone of approximately 312,761 square feet (7.18 acres) from "1',
Institutional to M-l, Light Industrial.
Existing Zoning: "1", Institutional
Proposed Zoning: Light Industrial
Comprehensive Plan Designation: Light Industrial
A. Background: Pursuant to WAC 197-11-340(2), the City of Aubum Js required to send any
DNS which may result from this environmental review, along with the checklist, to the DOE, the
US Army Corps of Engineers, other agencies with jurisdiction, affected tribes, and interested
parties. Therefore, the City will not act on this proposal for fifteen days after the DNS issuance.
B. Environmental Elements:
Staff concurs with applicant's response to the environmental checklist application
questions from sections B.I through B.16, except as notsd below.
8. Land and Shoreline Use: The site's sensitive area designations include; aquifer recharge
area, volcanic hazard area and seismic hazard.
Light ]nduslrial M- 1, Light Industrial Palol~ repair business and
East H~avy commercial C-3, H~avy Commercial ' Single family homes
S~uth ~ Industrial M-I, L_~ht Industrial .- Indu~rial uses
West Public & Quasi Public 'T' Institutional Single family home
Light Induslrial M-l, Light Industrial I~d~_~_c;:i.; busings park
Final Staff Evaluation for Environmental Checklists SEP04-O003 Page 2
t3. Historical and Cultural Preservation
The subject proposal is a non-project action and the specific land use of the site or the
redevelopment of the site is not under consideration. The site has the potential for historical
social elements. The historical components will be reviewed in more detail should the city
receive an application that proposes a change in land use or redevelopment.
C. Conclusion:
Based on this analysis, the proposal can be found to not have a probable significant adverse
impact on the environment if appropriate conditions are properly implemented pursuant to a
Mitigated DNS. Conditions of the MDNS are based upon impacts dearly identified within the
· environmental checklist, attachments, and the above 'FINAL STAFF EVALUATION FOR
ENVIRONMENTAL CHECKLIST,' and supported by Plans and Regulations formally adopted for
the exercise of substantive authority under SEPA.
The City reserves the right to review any future revisions or alterations to the site or to the
proposal in order to determine the environmental significance or non-significance of the proJect
at that point in time.
Prepared by:
Sean Martin, AICP
Planning & Community Development
Peter B. lewis, Mayor
25 W~ Main $1Teet, Auburn WA 98001-4998, www. ci.aubum.wa.us, 253-931-3000
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP04-0003
DESCRIPTION OF PROPOSAL
~he request for a rezone of approximatelyr'3121761 ~quare feet (7.18 acres.) from. "1",
In~[iiution.al to_M-l, Liflht Industrial. ' '
PROPONENT
MIKE GRELLA & MARK HEHNEN of the THOMAS ACADEMY
LOCATION
20 49t~ Street NE, The south side of 49~ Street NE/NW, approximately 750-fc~t west of 49"~
Street NE/Auburn Way North ' '
LEAD AGENCY
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 pubfic on request.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
ADDRESS:
DATE ISSUED: February 18, 2004
Paul Krauss, AICP
Director, of the Department of
Planning & Community Development
25 West Main Street
Auburn, Washington 98001
SIGNATURE: ~_ ~'~t.k.. t(_.lZ&u~J
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 fina~ determination may file an appeal with the Auburn City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be flied by 5:00 P.M. on March !0, 2004.
AUBURN., TH N You
STATE OF WASHINGTON
Office of Archaeology and Historic Preservation
1063 S. Capitol Way, Suite 106 - Olympia, Washington 98501
(Mailing Address) PO Box 48343 - Olympia, Washington 98504.8343
(360) 586.3065 Fax Number (360) 586-3067
February 17, 2004
Mr. paul Krauss
Director
City of Auburn
25 West Main.Street
Auburn, WA 98001
In future correspondence please refer to:
Log: 021704-08-KI
Re: Thomas Academy Rezone 20 49th St. NE
Dear Mr. Krauss:
We have reviewed the materials forwarded to our office for the rezone proposed project
referenced above. Though there do not appear to be any ground disturbing actions proposed at
this time, we have recommendations for any future ground disturbing, projects that may occur,
and would like to have the opportunity to comment on any future land use applications. Should
additional information become available, our assessment may be revised.
The area has the potential for archaeological resources; there are many Native .American
ethnographic place names associated with the vicinity and an archaeological site is located
within three quarter miles of the project area. We recommend a professional archaeological
survey be required of those areas proposed for any excavation prior to ground disturbing actions.
We also recommend consultation with the concerned tribes cultural committees and staff
regarding cultural resource issues.
The SEPA checklist references a historic Japanese American community associated with the
1928 building. The context of this information is incomplete and somewhat unclear. We
recommend the 1928 school structure be documented and photographed prior to destruction. A
Historic Property Inventory form should be filled out and returned to this office. A blank copy
of the form can be found at our website www.oahp.wa, go~v. Documenting the property this way
would be an appropriate mitigation measure to record the architectural and historical value of the
Mr. Paul Kxaus$
D/xeetor
City of Auburn
25 West Main Street
Auburn, WA 98001
Page 2
building. The cherry tree commemorates nostalgic value but does not mitigate the adverse effect
of the'loss of the historic school building, nor does it record the significant historical activities
associated with the structure.
These comments are based on the information available at the time of this review and on behalf
of thc State Historic Preservation Officer. Thank you for the oppommity to comment on this
project and we look forward to receiving the future survey report.
Sincerely,
Assistant State Archaeologist
(360) 586-3083
StephenieK~cted.wa.gov
cc: Donna Hogerhuis
NOTICE OF
PUBLIC HEARING
Please be advised that the AUBURN HEARING EXAMINER on March 16, 2004, at 7:00 p.m. will conduct a
PUBLIC HEARING on the following request'
APPLICATION NO. R 1~704-0001
The request of Thomas Academy to rezone property located at 20 - 49~ Street NE from I, Institutional to M-l, Light
Pursuant to WAC 197-11-535, this hearing will be open to the comideration of the environmental impact of the
proposal. All enviroranental docmnents prepared pursuant to SEPA for the subject proposal will be amiable for
considerationat this public heating.
The public bearing will be held in the Council Chambers, Auburn City Hall, located at'25 W~t Main Street. The
public is invited to attend to express comments or opinions. Written comments may be submitted prior to the
hearing to'the Auburn Planning Department, 25 West Main, Auburrk WA. 98001. If you have fucaher comments or
questions, please call the Planning Department at (253) 931~3090. For citizens with speech, sight or heating
· disabilities wishing to review documents pextaining to this heating, should contact the City of Auburn within i0
calendar da3r~ prior to thc meeting, as to th~ type of service or equipmem needed. Each request will be considered
individually according to the type of request, the availability of resources, and the financial ability of the City to
provide the requested services or equipment, For the location of the property, refer to the cross-hatched area on the
map below.
CERTIFICATION OF POSTING
CERTIFICATION FOR THE FOLLOWiNG ACTIONS TAKEN PERTAINiNG TO:
APPLICATION NO, REZ04-000I .,
LOCATED AT: 20 - 49th Street NE
PUBLIC HEARING NOTICES POSTED:
1
This date I certify that I did post a minimum of ~public hearing notices in conspicuous places ~i~ra~90-fto~ofthe
subject property. These notices are required to be posted at least 10 days prior to the pubtic hearing as required by
Chapter 18.68.040(BX1Xa) of the Auburn Zoning OrdMance. The public hearing date is scheduled for March 16
2004.
Date:
Name:
Tu Ngtryen, Planning Department
'WASHINGTON
Peter B.' Lewis, Mayor
II III · II II II
25 ~Y~t Main Street, Auburn WA 9800!.4998, www. ci.auburn.wa, us, 253.93!-3000~
April 9, 2004
MICHAEL GKELLA
HEADMASTER
THOMAs ACADEMY
20 - 49TM STREET NE
AUBURN WA 98002
RE: APPLICATION NO. REZ04-1
Dear Mr. Grella:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on March 16, 2004. The City Council will consider your request on March 16, 2004 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
HI~)EC~EZ04- I
AUBURN, MORE THAN YOU IMAGINED
APPLICATION:
APPLICANT:
REQUEST:
LOCATION:
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
REZ04-1
Mike Gretla and Mark Hehren, Thomas Academy
rezone of approximately 312,761 square feet (7.18 acres) from 'T',
Institutional to M-l, Light Industrial
20 49~ Street NE. The south side of49a Street NE/NW,
approximately 750-feet west of the 49th Street NE/Auburn Way
North
January 13, 2004
Final Determination of Non-Significance on February 18, 2004
March 16, 2004
April 9, 2004
Recommend approval
Scan Martin, Senior Planner
Mike Grella, Headmaster
DECISION ,
For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this
rezone application is approval.
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 wilt be considered by the
Council at their March 16, 2004, meeting. At the March 16, 2004, meeting the Council may either affirm the
Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public
hearing.
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the APplication of
Thomas Academy
For Approval for a Rezone
NO. REZ04-0001
AMENDED
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
Based on the record developed at a public hearing on March 29, 2004, a
Recommendation on the above rezone was submitted to thc City Council of Auburn.
The Recommendation was supported by Findings of Facts and Conclusions. Pursuant
to the Rules of Procedure of the Hearings Examiner, on April 7, 2004 the City
submitted by e-mail a document that will be identified as a Request for
Reconsideration of the the City. It will be made part of the record as Exhibit 13.
Based on the material submitted in the Request the items listed below are the
amended Findings of Fact, Conclusions and Recommendation of the I learing
Examiner. In addition, the March 29, 2004 document is amended to reflect the
correct title of the Auburn City Code (ACC) and not the Auburn Municipal Code
(AMC).
AMENDED FINDINGS OF FACT
Properties to the north and south of the subject property are zoned Light Industrial
and designated Light Industrial in the City's Comprehensive Plan. Property to thc
east is zoned Heavy Commercial and designated Heavy Commercial and Light
Industrial in the Comprehensive Plan. Propery to the west is zoned Institutional and
designated Light Industrial by the Comprehensive Plan. Exhibit 1, Staff Report, pages
2-3. The City representative testified that the general area in which the subject
property is located is changing to industrial uses and fewer residential uses. The
development trends of the nearby properties have become more consistent xvith the
uses of a Light Industrial zone than those of an Institutional zone. Testimony of Mr.
Martin.
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the City of
Aubum was designated as the lead agency for review of any environmental impacts
resulting from the development. After consideration of all available environmental
documents, the City issued a Determination ofNonsignificance (DNS) for the
proposed rezone on February 18, 2004. Exhibit 8. SEPA DNS. A DNS is a
determination by the City that the proposed rezone will not have probable significant
adverse environmental impacts. W, qC 197-11-340. No appeals of the threshold
determination were filed.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request for a rezone of 7.18
acres from Institutional to Light Industrial at 20 - 49th Street ..NE in Auburn, WA, should
be granted.
No other amendments are made.
Dated this 7th day of April, 2004.
Page 1 of 2
From: David Osaki
Date: Wednesday, April 07, 2004 12:55:17
To: ~jmd@driscoll-hunter.com'
Cc: Patti Zook
Subject: Hearing Examiner Decisions - Itemization of typos
Mr. Driscoll:
As follow up to our discussion yesterday, here are typographical errors for
the rezone decisions. Pleasecorrect these as soon as possible.
General Comment
In all cases through the decisions, the reference should be to Auburn City
Code (ACC) and not Auburn Municipal Code (AMC).
REZ04-0001
Page 2 of 4. Finding 3. "Testimony" is spelled incorrectly in the last
sentence.
Page 3 of 4. Continuation of Finding 6. Makes reference to the DNS as it
relates to the proposed subdivision prOposal. However, this case is a
rezone.
Page 3 of 4. Last sentence. It seems that there should be a "3." in front
of "The rezone must bear a substm~tial relationship to the public health,
safety morals and welfare."
Page 4 of 4. Under Recommendation the correct address is 20-49th Street NE,
not'SE
REZ04-0002
Page '2 of 4 Finding 3. First sentence, "Industrial" is spelled
incorrectly.
Page 2 of 4 Finding 5. First sentence, revise "wetlandson" to "wetIands
on". "Delineation" is also spelled incorrectly.
Page 4 of 4 Conclusion 5. First sentence, ending with "Heavy" is an
incomplete sentence.
Page 4 of 4. The address identified in the recommendation (20-49th Street
SE) is the address for the above referenced rezone case (REZ04-0001 ), and
not for this case
Senn has communicated to you separately on the preliminary plat
recommendation on our need to determinewhether it was your intent to delete
findings in support of certain conditions. In addition, though, please note
there are several typographical errors in that decision as well.
Finally, as a matter of information, the decision for the lburth case.heard
March t6, 2004 (the fence variance) has been appealed and will be considered
by our City Council April .! 9, 2004.
Please contact us should you have any questions. I can be reached at (253)
804-5034; Sean can be reached at (253) 804-3111 and Patti Zook can be
reached at (253) 931-3090.
4/7/2004
Page l of 2
From: David Osaki
Date: Wednesday, April 07, 2004 12:55:I7
To: ~jmd~driscoiI-hunler.com'
Cc: Patti Zook
Subject: Hearing Examiner Decisions - itemization of typos
Mr. Driscoli:
As follow up to our discussion yesterday~ here are typographical errors for
the rezone decisions. Please correct these as soOn as possible.
General Comment
In all cases through the decisions, the retkrence should be to Auburn City
Code (ACC) and not Auburn Municipal Code (AMC).
REZ04-0001
Page 2 of 4. Finding 3. "Testimony" is spelled incorrectly in the last
sentence.
Pagc 3 of 4. Continuation of Finding 6. Makes reference to the DNS as it
relates to the proposed subdivision proposal. However, this case is a
rezone.
Page 3 of 4. Last sentence. It seems that there should be a "3." in front'
of "The rezone must bear a substantial relationship to the public health,
safety morals and welfare.''
Page 4 of 4. Under Recommendation the correct address is 20-49th Street NE,
not SE
REZ04-0002
Page 2 of 4 Finding 3. First sentence. "Industrial" is spelled
incorrectly.
Page 2 of 4 Finding 5. First sentence, revise "wetlandson" to "wetlands
on". "Delineation" is also spelled incorrectly.
Page 4 of 4 Conclusion 5. First sentence; ending with "Heavy" is an
incomplete sentence.
Page 4 of 4. The address identified in the recommendation (20-49th Street
SE) is the address for the above referenced rezone case (REZ04-0001), and
not for this case
Scan has communicated to you separately on the preliminary plat
recommendation on our need to determine whether it was your intent to delete
findings in support of certain conditions. In addition, though, please note
there are several typographical errors in that decision as well.
Finally, as a matter of intbrmation, the decision for the fourth case heard
March 16, 2004 (the fence variance) has been appealed and will be considered
by Our City Council April 19, 2004.
Please contact us should you have any questions. I can be reached at (253)
804-5034; Scan can be reached at (253) 804-3 t 11 and Patti Zook can be
reached at (253) 931-3090.
4/7/2004
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
Thomas Academy
For Approval for a Rezone
NO. REZ04-0001
FINDINGS, CONCLuSIONs
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends to the Auburn City Council that the rezone of 7.18 acres at
20'' 49th Street NE in Aubum, Washington from Institutional to Light Industrial be
APPROVED.
SUMMARY OF RECORD
Request
Mike Grella of the Thomas Academy (Applicant) requests approval from the City of Auburn
(City) for a rezone of 7.18 acres from Institutional to Light Industrial. The subject property, ~
consisting of three separate parcels, is located at 20 - 49m Street NE in Auburn, Washington.
Hearing Date
The Hearings Examiner for the City of Auburn held an open record public hearing on March 16,
2004.
Testimony
The following individuals presented testimony under oath at the open record public heating:
1. Mr. Sean Martin, City of Auburn Planner
2.' Mr. Mike Grella, Thomas Academy
3. Mr. Mark Hehnen, Thomas Academy
Exhibits
The following exhibits were admitted at the open record public hearing:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Staff Report dated March 11, 2004
Area Map
Rezone Application
Legal Description of Subject Property
Aerial Tax Parcel Map
Notice of Application
Staff Evaluation for Environmental Checklist dated January 27, 2004
SEPA Determination of Nonsignificance dated February 18, 2004
~ The King County Assessor's Office recorded the subject property as Tax Parcel Nos. 9360000135, 9360000146
and 9360000140. Exhibit 4, Legal Description of Subject Property.
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Comment Letter from Washington Office of Archaeology and Historic
Preservation
Notice of Public Hearing
Certificate of Posting dated March 4, 2004
Site Map
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearings Examiner enters the following Findings and Conclusions:
FINDINGS
I. The Applicant requests approval for a rezone of 7.18 acres from Institutional zoning
designation to Light industrial zoning designation. The subject property, three separate
~ parcels, is located at 20 - 49th Street NE in Auburn, Washington. Exhibit 1, Staff Report,
page 1; Exhibit 2, Area Map.
Prior to 2003, the Auburn Comprehensive Plan designated the subject property as Public &
Quasi Public. The City changed the designation to Light Industrial during its 2003 annual
amendment cycle. No futher changes of the Comprehensive Plan designation have been
made. Testimony of Mr. Martin; Exhibit 1, Staff Report, page 2.
Properties to the north and south of the subject property are zoned Light Industrial and
designated Light Industrial in the City's Comprehensive Plan. Property to the east is zoned
Heavy Commercial and designated Heavy Commercial and Light Industrial in the
Comprehensive Plan. Propery to the west is zoned Institutional and dcsiglmted Light
Industrial by the Comprehensive Plan. Exhibit 1, Staff Report, pages 2-3. The City
representative testified that the general area in which the subject property is located is
changing to industrial uses and fewer residential uses. The development trends of the nearby
properties have become more consistent with the uses of a Light Industrial zone than those of
an Institutional zone. Testiomony of Mr. Martin.
One of the three parcels has a 17,191 square-foot building, the Thomas Academy,while the
other two parcels are undeveloped. The Thomas Academy would remain on site with its
current use as a school facility. Exhibit 1, Staff Report. page 2.
The Applicant does not propose construction or demolition activities as part of the rezone
request. A respresentative of the Applicant testified that if the rezone request is approved,
the property would likely be offered for sale. Future construction or demolition work would
require a scparate application and environmental review. Testimony of Mr. Grella; Testimony
of Mr. Hehnen. With the rezone, the permitted uses of the property would be more
consistent with surrounding properties and be developed with similar development.
o
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC, the City of Auburn
was designated as the lead agency for review of any environmental impacts resulting from
the development. After consideration of all available environmental documents, the City
issued a Determination ofNonsignificance (DNS) for the proposed rezone on February 18,
Findings, Conclusions & Decision
Hearings Examiner for the City of A uburn
Thomas Academy Rezone, REZ04-O001
Page 2 of 4
2004. Exhibit 8, SEPA DNS. A DNS is a determination by the City that the proposed
subdivision will not have probable significant adverse environmental impacts. WA C 197-11-
340. No appeals 'of the threshold determination were filed.
o
The City received a comment letter on the rezone request from the Washington State Office
of Archaeology and Historic Preservation (WOAHP). WOAHP acknowledged that the
Applicant did not propose land disturbing activities as part of the rezone application, but
suggested that a professional archaeological survey be conducted prior to thture land
disturbing activities. WOAHP recommended consultation with applicable Native American
tribes to determine thc historical and archaeological significance of the subject property and
the likelihood of the presence of historic artifacts. WOAHP also recommended that a
Historic Property Inventory occur to document and determine the architecurat and historical
· value of the building that is presently the Thomas Academy. Exhibit 9, Comment Lett.~r.
The City provided reasonable notice of the March 16, 2004 public heating. Testimony of Mr.
Martin. The City posted notice on the subject property on March 4, 2004. Exhibit 1I,
Affidavit of Posting.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted authority to make a recommendation to the Auburn City
Council on rezone applications pursuant to RCW 35.63.170 and AMC 18.66.170.
Criteria ibr Review
Auburn Municipal Code Chapter 18.68 provides certain criteria for rezone approval.
For a rezone application to be approved, the Applicant must show the following:
1. The rezone is consistent with the Comprehensive Plan;
2. The rezone was initiated by someone other than the City; and
3. Changes or modifications to the rezone by the Hearing Examiner or City Council will not
result in a more intense zone than the one requested.
In applying criteria, the Washington Supreme Court has identified general rules for a rezone
application. In a landmark decision, Parkridge v. Seattle, 89 Wn.2d 454; 573 P.2d 359 (1978),
the following requirements apply to all rezones:
1. There is no presumption of validity favoring the action or rezoning;
2. The proponents of the rezone have the burden of proof in demonstrating that conditions have
changed since the original zoning;
The rezone must bear a substantial relationship to the public health, safety, morals, or welfare.
Findings, Conclusions & Decision
Hearings Examiner for the City of Auburn
Thomas Academy Rezone, REZ04-O001
Page 3 of 4
Conclusions Based on Findings
The proposed rezone is consistent with the City of Auburn Comprehensive Plan. The
request to rezone thc property from Institutional to Light Industrial is consistent with the
Comprehensive Plan's Light Industrial designati6n. It allows uses that are contemplated and
consistent with thc Comprehensive Plan. Finding of Fact No. 2.
2. The City of Auburn did not initiate the proposed rezone. The Applicant requested
approval of proposed rezone. Finding of Fact No. 1.
3. Changes of modification to the proposed rezone by the Hearing Examiner will not
result in a more intense zone than the one adopted. Findings of Facts Nos. 1-7.
The proposed rezone bears a substantial relationship to the general welfare of the
community. Thc rezone will allow development that is consistent with the development
scheme in the area. Findings of Facts Nos. 5, 6, 7.
The proposed rezone is consistent with surrounding uses. Zoning designations of
surrounding properties include Light Industrial, Heavy Commercial and Institutional. All
surrounding zoning designations are consistent with the Comprehensive Plan. The proposed
rezone will bc consistent with surrounding land uses. Findings o. fFacts Nos. 2, 3.
Circumstances have changed substantially since the establishment of the current zoning
district, which warrants thc proposed rezone. Zoning designations for surrounding
property are non-residential. Although residential uses once were present in the immediate
area, they are presently changing to mainly industrial uses. Findings of Facts Nos. 2, 3.
7. Following environmental review, the City determined that the proposed rezone would
not have probable significant adverse environmental impacts. Finding of Fact No. 7.
8. The Applicant has met the burden of proof demonstrating conditions have changed
wince the original zoning. Findings of Facts Nos. 1-7.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request for a rezone of 7.18 acres from
Institutional to Light Industrial at 20 - 49th Street SE in Auburn, WA, should be granted.
Decided thi day of March 2004.
Findings, Conclusions & Decision
Hearings Examiner for the City ora uburn
Thomas/~cademy Rezone, REZ04-O001
(.~ity of Auburn Hearings Examiner
Page 4 of 4