HomeMy WebLinkAboutItem VIII-A-2WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Ordinance No. 5839 April 14, 2004
Department: Planning Attachments: Budget Impact:
Ordinance No. 5839
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5839.
Background Summary:
Ordinance No. 5839 would authorize 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.
HE\ORD-RES\ORD 5839
L419-13
03.8 REZ04-0001
R_eviewed by Council & Committees: R_eviewed by Departments & Divisions:
_ Arts Commission C__OUNCIL COMMITTE--S: _ Building _ M&O
_ Airport _ Finance _ Cemetery _ Mayor
~ Hearing Examiner _ Municipal Sen/. _ Finance Parks
_ Human Sen/ices _ Planning & CD Fire _~ Planning
_ Park Board _ Public Works E Legal _ Police
_ Planning Comm. _ Other _ Public Works _ Human Resources
Action:
Committee Approval: [~Yes [~No
Council Approval: I lYes I INo Call for Public Hearing
Referred to Until / /
Tabled Until / /
Councilmember: Singer Staff: Krauss
Meeting Date: April 19, 2004 Item Number: VIII.A.2
AUBURN * THAN YOU IMAGINED
ORDINANCE NO. 5 8 3 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF
7,18 ACRES OF PROPERTY LOCATED AT 20 - 49TM STREET NE
WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING
THE ZONING CLASSIFICATION FROM I (INSTITUTIONAL) TO M-
1 (LIGHT INDUSTRIAL)
WHEREAS, Application No. REZ04-0001 dated the 13th day of January,
2004, has been submitted to the City of Auburn, Washington, by Thomas
Academy, requesting the rezoning of the 7.18 acres of land at 20 - 49th Street
NE from I (INSTITUTIONAL) to M-1 (LIGHT INDUSTRIAL) and hereinafter
described below and as identified on Exhibit "A" attached hereto and
incorporated in this Ordinance by this reference; and
WHEREAS, said request above referred to the Hearing Examiner for
study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review, held a
public hearing to consider the request in the Council Chambers of Auburn City
Hall on March 29, 2004, at the conclusion of which hearing and after
consideration of a request for reconsideration, the Hearing Examiner
recommended the approval of the rezoning of said property; and
Ordinance No. 5839
April 15, 2004
Page 1
WHEREAS, the City Councit, on April 19, 2004, considered said request
and affirmed the Hearing Examiner's recommendation for rezone based upon
the Amended Findings of Fact and Conclusions of Law and Decision, a copy of
which is attached hereto, marked as Exhibit "B' and incorporated here]n; and
WHEREAS, after due consideration, and for each of the reasons set
forth in said Exhibit "B," the recommendation of the Hearing Examiner to the
Auburn City Council on this rezone application is approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Rezone. The property located at 20 - 49th Street NE, in
Auburn, King County, Washington, consisting of 7.18 acres, identifie<'l on said
Exhibit "A," the same is hereby rezoned from I (INSTITUTIONALI~ to M-l,
(LIGHT INDUSTRIAL).
Section 2. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect th, e validity
of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Ordinance No. 5839
April 15, 2004
Page 2
Section 3. Recording~ Upon the passage, approval and publiCation
of this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Auditor,
Division of Records and Elections.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam
City Clerk
Ordinance No. 5839
April 15, 2004
Page 3
Ordinance No. 5839
April 15, 2004
Page 4
Exhibit "A" to Ordinance Number 5839
Legal Dgscription of Property
Parcel #936000-0135: Lot- Pot 24 & 25 White River Valley Home Tracts. School lot
& W 274.55 ft of E 385.6 f~ of tract 24 and W 257.55 ft of tract 25 less a tract of land
LY in NE comer of property. Address 20 49th St NE, Aubum, WA.
Parcel #936000-0146: Lot 24 White River Valley Home Tracts E 200 ft of W 562.5 ft.
Parcel #936000-0140: Lot 24 & 25 White River Valley Home Tracts E 122 ft M/L of
24 and all of 25 less W 257.55 fl of SD Lot 25. Property Address- 18 49th Street NE.
Ordinance No. 5839
April 15, 2004
Page 5
EXHIBIT "B" ORDINANCE NO. 5839
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
Page 1
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 the City Councit 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-mall 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 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
(nUC)..
AMENDED FINDINGS OF FACT
Properties to the north and south of the subject property are z_~ned Light Industrial
and designated Light Industrial in the City's Comprehensive Plan. Prope~r 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 ..
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 Mth the
uses of a Light Industrial zone than those of an Institutional zone. Testimon. X of Mr.
Martin.
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, 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 8, SEPA DNS. A DNS is a.
determination by the City that the proposed rezone will not have probable significant
adverse environmental impacts. WAC 197-11-340. No appeals of the threshold
determination were filed.
EXHIBIT "B" ORDINANCE NO. 5839 Page 2
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, W'A, should
be granted.
No other amendments are made.
Dated this 7th day of April; 2004.
IS~
James M. Driscoll, Hearing Examiner