HomeMy WebLinkAboutItem VII-CWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Application No. REZ04-0002 March 30, 2004
Department: Planning Attachments: Hearing Examiner's Budget Impact:
decision with referenced exhibits,
letter from Costco
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 15, 2004, conducted a public hearing on the request of Mark Hancock,
La Terra Limited Partnership, for a rezone of approximately 39-acres from M-l, Light Industrial to C-3,
Heavy Commercial. The site is generally located between the Union Pacific and Burlington Northern
Santa Fe railroad tracks, just north of 15th Street NW with frontage on Emerald Downs Drive.
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\REZ04-2
L0405-3
03.8 REZ04-0002
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []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.C
AUBURN * THAN YOU IMAGINED
VIA AIRBORNE EXPRESS
March 26, 2004
Writer's Direct Line: (425)313-6972
Writer's Facsimile No.: (425) 313-8105
Writer's email: dsnead~eostco~com
Auburn Planning Department
25 West Main
Auburn, WA 98001
Re: Rezoning of 1620 H Street NW; proposed traffic signal
Dear Planning Department Staff.'
As you likely know, Costco Wholesale Corporation ("Costco") owns the property
located at 1802 M Street NW in Auburn. Costco recently received a Notice of Public
Hearing in connection with the property located adjacent to Costco's property, on the
other side of Emerald Downs Drive (the "Property").
Costco is generally in favor ofrezoning the Property from M-1 Light Industrial to
C-3 Heavy Commercial, with the following requested condition be imposed by the
Planning Department: that the City or the Property developer shall install a traffic signal
at the intersection of 15th Street NW and M St. NW (the "Intersection").
The Intersection is already congested, which has lead to several accidents and
near accidents. With the rezoning of the Property to C-3 Heavy Commercial, traffic
passing through the Intersection will only increase. According to Costco's local
manager, wait times to turn north on M Street from eastbound 15th Street range from 5 to
20 minutes. Turning from southbound M Street onto eastbound 15th Street presents the
same delay. Installation of a traffic signal that includes a loop detector to trigger the
signal from M Street would appear to solve the problem. Therefore, we respectfully
request your serious consideration of requiring the City or the Property developer to
install a traffic signal at the aforementioned Intersection.
Thank you for your consideration, and please feel free to contact me if you have
any questiOns. We look forward to hearing from you.
Sincerely,
Corporate Attorney
Costco Wholesale Corporation
CC:
Steve Stachowiak - Costco Wholesale
Dan-in Schoeneman - Costco Wholesale
9'99 Lake Drive · Issaquah, WA 98027 · ~25/313-8100 · www. costco, com
AGENDA BILL APPROVAL FORM
WASHINGTON
'date:
Public Hearing Application No..REZD4-0002 3/11/2004
Depafl.,ent: Attachments: vicinity'map, applicationi"notice ' Budget Impact:'
Planning of application, final DNS, notice of public
hearing, certification of posting of public
hearing.notices
Administrative Re(:i0mmen~ation:
Hearing Examiner to recommend to the City Council approval of the rezone request based upon the
Find..in~ts of Fact and Conclusions outlined.
Backqround Summary:
REPORT 0F FACTS:
OWNER/APPLICANT: Mark Hancock, La Terra Limited Partnership
REQUEST: The request for a rezone of approximately 39-acres from M-l, Light
Industrial to C-3, Heavy Commercial.
LOCATION: The site is generally located between the Union Pacific and Burlington
Northern Santa Fe railroad tracks, just north of 15th Street NW with
frontage on Emerald Downs Drive.
EXISTING ZONING: M-l, Light Industrial.
EXISTING LAND USE The site is vacant.
COMPREHENSIVE The properties have a "Heavy Commercial" Comprehensive Plan
PLAN DESIGNATION: 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 C~uncil & Cdr,-,i-J~itt.-=c- ' R~eviewed by' Departme.n,ts & Divisions: '
_!Arts Commission COUNCIL C~M~ITTE ES: ~ Building EI M&O
_ Airport -IFinance ·_ Cemetery -/Mayor
_ Hearing Examiner -/Municipal Serv. _ Finance -; Parks
_ Human Services -Planning & CD × Fire -
Park Board - Public Works - Legal ~ Planning
Police
-~ Planning Comm. -- Other ~ Public Works _ Human Resources
Action: .
Committee Approval: E]Yes ~-JNo
Council Approval: IIYes L_JNo Carl for Public Hearing / /
Referred to __
Tabled Until / /
Unt'F--- 7'---/----
Councilmember: Singer "' I Staff: Krauss
Meeting .Date: March 16, 2004 ' Item '~lumber: ......
AUBURN · t ORE THAN YOU IMAGINED
Public Hearing .Application No. REZ04-0002
Date:
3/11/2004
The Comprehensive Plan designation, zoning designation and land uses of the surrounding
properties are:
Site ' ' '" , ~gh! tndustrrat unde~l~Ped
(2 parcels) .. mj lndustnal ' ~ : : ·
North Heavy Industrial M-2, Heavy Ind~-strial Emerald Downs
Light Industrial ,
East Light Industriar then' M-1 ,. Light Industrial BN"railroad and then
Heavy Commercial then C-3, Heavy mixed use
and Light Industrial Commercial and M-l, commercial and
.. Light Industrial Fisher Industrial Park
South Light Industrial' M-l, Light Industrial 15'n Street N~/
Right-of-way
West Open Space M-l, Light Industrial UP right-of-way and
Interurban Trail
FINDINGS OF FACT
1. The applicant has requested that the City rezone two (2) lots ("Subject lots") from the existing zoning
M-l, Light Industrial district to the C-3, Heavy Commercial district.
The current M-1 zoning was established in 1990 at the request of the property owner at that time.
Prior to that date, the site was designated as M-2, Heavy Industrial.
3. The subject lots are vacant and unimproved.
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 "Light IndustriaF to
~Heavy Commercial". The City Council approved the request.
The proposal is a non-project action. No 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 environmentaf checklist application (City File
No. SEP04-0004) relates to the rezone of the subject lots.
The City did not receive comments during the pubtic comment period associated with the Notice of
Application or Proposed Determination of Non-Significance.
The site does contain wetlands, but the exact area is unknown, as a specific delineation has not yet
been provided. The applicant will be required to submit a formal wetland delineation report at the
time of future application. The applicant will also be required to submit and receive approval for any
applicable wetland mitigation associated with potential impacts of future development.
The contents of the case files, REZ04-O001 and the environmental file SEP04-O003, for this project
are hereby incorporated by reference and made part of the record of this hearing.
Page 2 of 3
A~enda Subject
Public Hearing Application No. REZ04-0002
Date:
3/11/2004
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"Heavy Commercial" was a result of a Plan
map amendment in 2003 and supports the proposed rezone request.
2, Future development of the site will be subject to City review including an environmental checklist
(SEPA) application and review. Future development will be required to observe or implement all
applicable development regulations of the C-3, Heavy Commercial zone.
RECOMMENDATION
That the Hearing Examiner to recommend to the City Council approval of the rezone request based upon
the Findings of Fact and Conclusions outlined.
HE~a~PP'~STRZ04-1
Page 3 of 3
$
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M~
M1
M2
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M2 Ct
APPLICATION NO.:
APPLICANT:
REQUEST:
LOCATION:
REZ04-~)002
LaTerra Limited Partnership
rezone property fi-om M- 1, Light Industrial to C-3 Heavy Commercial
1620 H Street NW
Rezone for Heating Examiner - Page.r
REZONE APPLICATION
PROPERTY OWNER'S NAMlg APPLICATION NUMBER
Sec. Twp. Rng.: ~one Existing:.
Area Code:
~ Zone Request:
Scheduled Public Hearing:" ~ -]~P'/~qA Date Received: ]~'~i ~P-Oc~
StaffProjectCoordinator:_ ~'~ ~J/]C-~. ~/C-'A_.~
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIE~S BEING TYPED
(except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED,
ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
i (we), the undersigned, OWNER(S) of property numbered opposite my
(our) names(s) hereby petition for a change of zoning classification of
property described herein from:
M-1 Light' Industrial
TO C-3 Heavy Commercial
H°wisthepropertyinvolvedinthisapplication moresuitable ~rtheuses
permittedinthepr°p°sed ~nethanthosepermittedinthepresentclassification?
This property is directly adjacent to the Emerald Downs
racetrack, and located along the 15th St. NW commercial
corridor with good visibility at a major entry point into
the City. It is much more suited for a con~ercial use
under the .proposed zoning, than a warehouse use that would
be likely under the existing zoning.
Explain whythereisaneedinthearea ~r morezoningofthe ~perequested, and
whereverpossible, substantiatethisstatementwith ~ctu~ data.
The City has a substantial number of warehouse facilities
already, and is looking for more diversification in its
land uses and tax base.
APPLt^P, EZONE.HE
Rev.
Rezone for Hearing Examiner - Page.
Whyisthiszoningcompatible withtheotherexistingusesintheneighborhood?
A heavy commercial zone for this property would allow
compatible uses with the Emerald Downs racetrack which
is directly north of the property, and the 15th Street
NW commercial corridor which extends east from the
property (just east of the property are'hotels
restaurants, etc.). '
Why is this rezone compatible with the existing zoning in the area?
The racetrack zoning on the north boundary, and the
commercial corridor zoning to the east are similar to
the zoning proposed with.this application.
Why is this rezone consistent with the Comprehensive Plan for the area?
The Comprehensive Plan was amended in fall 2003
for this property from Light Industrial to Heavy
Commercial. This change would bring the zoning
into conformance with that Comprehensive Plan revision.
APPLX^REZONE.HE
R~v. Dec-03
Rezone for Hearing Examiner - Page
ALL PROPERTY OWNERS INCLUDED IN TI-lIS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUIVIBER" WHICH IS ALSO SHOWN ON TH~ 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
PA C L NAme, Armemss ONfi NtrM ER '
NUMBER ~lease Print) SIGNAT~JRE
122104- ~
9003 L__a Terra Limited Partnership
P.O. Box 88028 MarkkA: S~le
V of its~neral
Tukwil~, WA 98158
Partner
1'22104-
9~06
La Terra Limited Partnership
P.O. Box 88028
Tukwila, WA 98138
Mark A. Se~
VP of its Partner
AGENT and/or OWNER'S REPRESENTATIVE:
Name: Mark Hancock
La Terra Limited Partnership
Address: PO Box 88028
City/Phone:_ Tukwila, WA 98138
Please be advised that even though the Ci~ of Aubu~ may approve your requited
r~one, that approv~ do~ not ~amntee a subsequent, specific use. You will be required
to eonfom to a~ o~er developmeut criteria of the Ci~ of Auburn in order to develop
your prope~.
APPL\^REZONE-HE
R~v.
Rezone for Hearing Examiner - Page'
LEG.AL D.E. §CR!P. ~ON OF PROPERTY
SEE ATTACHED
FEE PAYMENT: $1,500,00 plus $700.00 for SEPA checklist
T.R. g:
Cashier's Initials:
Date Received:
APPL~^RF. ZONE.HE
Rev. Dec43
LEGAL DESCRIPTION
KING COUNTY TAX PARCEL '122104-9003
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER IN SECTION 12,
TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.., LYING EASTERLY OF "II"
STREET NORTHWEST AS CONVEYED TO KiNG COUNTY UNDER KING
COUNTY RECORDING NO. 470671;
EXCEPT THAT PORTION THEREOF CONDEMNED BY THE CITY OF AUBURN
FOR 15TM STREET NORTHWEST EXTENSION IN KING COUNTY SUPERIOR
COURT CAUSE NO. 733305 AS PROVIDED FOR IN ORDINANCE NO. 2467 OF
SAID CITY;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
LEGAL DESCRIPTION
'KING COUNTY TAX PARCEL 122104-9004
PARCEL "G", CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0019-93
AS RECORDED UNDER KING COUNTY RECORDER NO. 9312271339;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF
WASHINGTON.
~/ICli~lt¥ FIJI)
Peter B. Lewis, Mayor
2~ Wed' Main Sheet ~ Auburn WA 98001-4998 ~ www. cLaul:xgrn.wa.ut ~ 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 Aubum Department
of Planning and Community Development, 25 West Main Street, Auburn, WAy.-
Nature of Project or Request: The request for a rezone of approximately 39-acres from M-l,
Light Industrial to C-3, Heavy Commercial.
Location:
The site is generally located between the Union Pacific and Burlington Northern
Santa Fe railroad tracks, just north of 15~ Street NW with frontage on Emerald
Downs Ddve.
Date of Notice of Application:
February 5, 2004
Permit Application Date:
January 16, 2004
Date of Notice of Completeness:
January 27, 2004
File No:
REZ04-O002
Applicant:
Mark Hancock, La Terra Limited Partnership
In addition to the Rezone application, the applicant has also filed an environmental checklist
application (SEPA File No. SEP04-0004). 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 identif'~,d 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 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 decision, when
available, 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 February 20, 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 Hail. 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 Aubum proposes.to issue a Determination of
Non-Significance 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., SEP04-0004 or REZ04-0002.
M1 M1
M2
N M2 C1
P~r B. L~wis, Mayor
25 West Main Street ~ Auburn WA 9800~-4998 ~ www.ct.aubum.wa.~ ~ 253-93]-3000
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP04-0003
DESCRIPTION OF PROPOSAL
The request for a rezone of approximat .ely 312,76.1 square feet (7.18 acres).from ~
Institutional to M-I. Light Industrial. '
PROPONENT
MIKE GRELLA & MARK HEHNEN of the THOMAS ACADEMY
LOCATION
20 49~ Street NE. The south side of 49~ Street NE/NW, approximately 750-feet west of 49~'
Street NE/Auburn Way. North.
LEAD AGENCY
City of Auburn
The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment. An environmental impact statement (ELS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
ADDRESS:
DATE ISSUED: February !8, 2004
Paul Krauss, AICP
Director, of the Department of
Planning & Community Devefopment
25 West Main Street
Auburn, Washington 98001
SIGNATURE: '~ pn,4.~
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal will be required to meet all applicable regulations.
Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be filed by 5:00 P.M. or~ ,March 10~..2004.
AUBURN, MOW TH N YOU IMAGINED
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..RETD4-0002
The request of LaTerra Limited Partnership to rezone property located at 1620 H Street NW fi-om M-I, Light
Industrial to C-3 Heavy Commercial.
Pursuant to WAC 197-11-535, this heating will be open to the consideration of the environmental impact of the
proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for
consideration at this public hearing.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The
public is inviled to attend to express comments or opinions. Written comments may be submitted prior to the
hearing to the Auburn Planning Deparanent, 25 West Main, Auburn, WA. 98001. If you have further comments or
questions, please call the Planning Department at (253) 931~3090. For citizens with speech, sight or hearing
disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10
calendar days prior to the meeting, as to the typo of service or equipment needed. Each request will be considered
individually according to the type of request, the availability of resources, and the financial abili~ 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.
tF
M1
M2
M2 C1
CERTIFICATION OF POSTiNG
CERTIFICATION FOR THE FOLLOWING ACTIONS TAKEN PERTAINING TO:
APPLICATION NO. REZ04-0002
· LOCATED AT: 1620 H S~eet NW~.
PUBLIC HEARING NOTICES POSTED:
This date I certify that I did post a minimum oral,public hearing notices in conspicuous places ~in~oftbe
subject prope~y. These notices are required to be posted at least 10 days prior to the public hearing as required by
Chapter 18.68.040(BX1Xa) of the Auburn Zoning Ordinance. The public hearing date is scheduled for March 16~
Tu Nguyen. Planning Department
WASHINGTON
Ill l
Peter B. Lewis, Mayor
I I I II II I
25 West Main Slmet · Auburn WA 98001-4998 · www.cl.aubum.wa.us, 253-931-3000
April 9, 2004
MARK HANCOCK
LA TERRA LIMITED PARTNERSHIP
PO BOX 88028
TUKWILA WA 98138
RE: APPLICATION NO. REZ04-0002
Dear Mark:
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 April 19, 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
Melinda Titlotson, GNA Kidder Mathews
I-IEkDEC~EZ04-2
AUBURN · THAN YOU IMAGINED
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:
REZ04-0002
Mark Hancock, La Terra Limited Partnership
Rezone of approximately 39-acres from M-1, Light Industrial to C-
3, Heavy Commercial
1620 H Street NW
January 16, 2004
Final Determination of Non-Significance on February 18, 2004.
March 16, 2004
April 9, 2004
Recommend approval
Scan Martin, Senior Planner
Mark Hancock
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner to.the Auburn City Council on this
rezone application is approval.
REOUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or
the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later
than seven days from the date of mailing of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the
Council at their April 19, 2004, meeting. At the April 19, 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
Mark Hancock
For Approval for a Rezone
NO. REZ04-0002
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 the 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 10.
Based on the material submitted in the Request the items listed below are the
amended Findings of Fact, Conclusions and Recommendation of the Hearing
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 F1NDINGS OF FACT
Property located north of the subject property is zoned Heavy Industrial and
designated as Heavy Industrial and Light Industrial in the Comprehensive Plan.
Property east of the site is zoned Light Industrial, Heavy Commercial/Light
Industrial and designated as Light Industrial, Heavy Commercial/Light Industrial
in the Comprehensive Plan. Property south of the subject property is zoned Light
Industrial and designated Light Industrial in the Comprehensive Plan. Property to
the west is zoned Light Industrial and designated as Open Space in the
Comprehensive Plan. Exhibit 1, Staff Report, page 2.
The subject property has wetlands on it; however, the Applicant has not
conducted a wetland delineation to determine the exact Iocation and status of the
wetlands. Exhibit 1, Staff Report, page 7; Testimony of Mr. Hancoclc
AMENDED CONCLUSIONS
The proposed rezone is consistent with surrounding uses. The Zoning
designations of surrounding properties include ~Light Industrial'_', and "Heavy
Industrial'_'. All surrounding zoning designations are consistent with thc
Comprehensive Plan. The proposed rezone wilt be consistent with surrounding
land uses. Findings of Facts Nos. 2, 3,
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request for a rezone of 7.18
acres at 1620 H Street NW in Auburn, Washington from M -1, Light Industrial to C3,
Heavy Commercial 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: 'jm_d~driscoll-hunter.com'
Ce: 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. Please correct 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).
REZ04a0001
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 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
Sean 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 information, 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; Sean can be reached at (253) 804-31 ! 1 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
Mark Hancock
For Approval for a Rezone
NO. REZ04-0002
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends to the Auburn City Council that the rezone request for 39
acies at 1620 H Street NW in Auburn, Washington from MI, Light Industrial to C3, Heavy
Commercial be APPROVED.
SUMMARY OF RECORD
Mark Hancock of La Terra Limited Partnership (Applicant) requests approval from the City of
Auburn (City) for a rezone of 39 acres from a Light Industrial designation to a Heavy
Commercial designation. The subject property consists of two separate parcels and is located at
1620 H Street NW in Auburn, Washington. i
t Iearing 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 pubIic hearing:
1. Mr. Sean Martin, City of Aubum Planner
2. Mr. Mark Hancock, Applicant
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
StaffReport dated March 11, 2004
Area Map
Rezone Application
Legal Description of Subject Property
Vicinity Map
Notice of Application
SEPA Determination of Nonsignificance dated February 18, 2004
Notice of Public Hearing
1 The King County Assessor's Office recorded the subject property as Tax Parcel Nos. 122104-9003 and 122104-
9004. Exhibit 4, Legal Description of Subject Proper~y.
Exhibit 9 Certificate of Posting
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearings Examiner enters the following Findings and Conclusions:
FINDINGS
The Applicant requests approval from the City for a rezone of 39 acres from a MI, Light
Industrial zoning designation to a C3, Heavy Commercial zoning designation. The subject
property, two separate parcels, is located at 1620 H Street NW in Auburn, Washington.
Exhibit 1, Staff Report, page 1; Exhibit 2, Area Map.
Prior to 2003, in the City of Auburn Comprehensive Plan the subject property was
designated Light industrial. During its 2003 Comprehensive Plan amendment cycle, the
.. City changed the designation of the subject property to Heavy Commercial. No futher
changes of the Comprehensive Plan designation have been made. Testimony qfMr. Martin;
Exhibit 1, Staff Report, page 2.
Property located north of the subject property is zoned Heavy Imdistrial and designated
Heavy Industrial and Light Industrial in the Comprehensive Plan. Property east of the site is
zoned Light Industrial, Heavy Commercial/Light Industrial and designated as Light
Industrial, Heavy Commercial/Light Industrial in the Comprehensive Plan. Property south of
the subject property is zoned Light Industrial and designated Light Industrial in the
Comprehensive Plan. Property to the west is zoned Light industrial and designated as Open
Space in the Comprehensive Plan. Exhibit 1, Staff Report. page 2.
The Applicant has not proposed construction or demolition activities as part of the rezone
request. Testimony of Mr. Hancock. Future construction or demolition work would require a
separate application and environmental review. Testimony of Mr. Martin: Exhibit 1, Staff
Report, page 2. With the rezone, the permitted uses of the property would be more
consistent with surrounding properties and the property would be developed with similar
uses. Testimony of Mr. Martin
The subject property has wetlandson it; however, thc Applicant has not conducted a wetland
deliniation to determine the exact location and status o£the wetlands. Exhibit 1, Staff Report,
page 7; Testimony of Mr. Hancock.
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, 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,
2004. Exhibit 7, SEPA DNS. A DNS is a determination by the City that the proposed project
or non-project will not have probable significant adverse environmental impacts. WAC 197-
11-340. No appeals of the threshold determination were filed.
Findings, Conclusions & Decision
Hearings Examiner for the City ora uburn
Mark Hancock Rezone, REZ04-O002
Page 2 of 4
The City provided reasonable notice of the March 16, 2004 public hearing. Testimony of Mr.
Martin. The City posted notice on the subject property on March 4, 2004. Exhibit 9.
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 for Review
Auburn Municipal Code Chapter 18.68 provides certain criteria for a rezone approval.
For a rezone application to be approved, the Applicant must show the following:
l. ' 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 mzoning;
2. The proponents of the rezone have the burden of proof in demonstrating that conditions have
changed since the original zoning;
3. The rezone must bear a substantial relationship to the public health, safety, morals, or
welfare.
Conclusions Based on Findings
The proposed rezone is consistent with the City of Auburn Comprehensive Plan. The
request to rezone the property from a MI, Light Industrial zoning designation to a C3, Heavy
Commercial zoning designation is consistent with the Comprehensive Plan's designation of
the property as a Heavy Commercial. The proposed zoning designation would permit uses
that are contemplated and consistent with the Comprehensive Plan. Findings of Fact Nos. 1,
2.
The City of Auburn did not initiate the proposed rezone. The Applicant requested
approval of proposed rezone. Finding of Fact No. 1.
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. 1-6.
Findings, Conclusions & Decision
Hearings Examiner for the City of A uburn
Mark Hancock Rezone, REZ04-O002
Page 3 of 4
The proposed rezone bears a substantial relationship to the public health, safety,
morals, or welfare of the community. The rezone will allow development that is consistent
with the development scheme in the area. Findings of Facts Nos. 3, 4, 6.
Thc proposed rezone is consistent with surrounding uses. Zoning designations of
surrounding properties include Light Industrial, Heavy Industrial and Heavy. All
surrounding zoning designations are consistent with the Comprehensive Plan. The proposed
rezone will be consistent with surrounding land uses. Findings of Facts Nos. 2, 3, 4.
Circumstances have changed substantially since the establishment of the current zoning
district, which warrants the proposed rezone. Zoning designations for surrounding
property are non-residential. With the rezone, the uses of the property would be more
consistent with development of surrounding properties and could be developed with similar
development. Findings of Facts Nos. 2, 3, 4.
Following environmental review, the City determined that the proposed rezone would
not have probable significant adverse environmental impacts. Finding of Fact No, 6.
The Applicant has met the burden of proof demonstrating conditions have changed
wince the original zoning. Findings of Facts Nos. 1-6.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request for a rezone of 7.18 acres at 20
- 49th Street SE in Auburn, WA from M -1, Light Industrial to C3, Heavy Commercial should be
granted.
Decided thi day of March 2004.
/0~.mes M. Driscoll
ity of Auburn Hearings Examiner
Findings, Conclusions & Decision
Hearings Examiner for the City ora uburn
Mark Hancock Rezone, REZ04-O002
Page 4 of 4