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HomeMy WebLinkAboutItem VIII-A-1 AGENDA BILL APPROVAL FORM Aqenda Subject Ordinance No. 5893 for Application No. REZ04-0007 Department: Planning Attachments: Ordinance No. 5893, H.E. Decision, Staff Report, Vicinity Map, D.N.S., Application Date: January 27,2005 Budget Impact: Administrative Recommendation: City Council introduce and adopt Ordinance No. 5893 Backqround Summary: The Hearing Examiner on January 19, 2005, conducted a public hearing on the request of Nan Wheeler on behalf of Les Schwab Tire Centers for a rezone from R-2, Single Family Residential to C-3, Heavy Commercial. The property is located at 902 E Street SE. 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\REZ04-7 L0207 -4 03.8 REZ04-0007 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance [8J Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board OPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: [8J Building [8J M&O o Cemetery 0 Mayor o Finance 0 Parks [8J Fire [8J Planning o Legal 0 Police [8J Public Works D Human Resources Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _/_/- Referred to Until _/_/- Tabled Until _/_/- Councilmember: Singer I Staff: Krauss Meeting Date: February 7, 2005 I Item Number: VII LA. 1 * CITY OF * * . AUBURN , 'WASHINGTON Peter B. Lewis, Mayor 25 Welt MaIn SIJøet * Aubum WA 98001-4998 * www.cl.aubum.wa.us * 253-931-3000 January 27, 2005 .141>1 2 8 ~:'''' G'/7)' . 't'''J "/'''' Or )'11."., 1.../ 1 ( t"f 1""/'1 '().~j .. . DAVID GIBSON LES SCHWAB TIRE CENTERS OF WASHINGTON INC PO BOX 667 PRINEVILLE OR 97754 VIA FACSIMILE541-416-5454 NAN WHEELER 407 23RD AVENUE MILTON WA 98354 RE: APPLICATION NO.: REZ04-0007 Dear Applicants: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on January 19, 2005. The City Council will consider your request on February 7, 2005 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 regalrding your proposal. Following the conclusion of the City Council meeting, you must retum the public notice sign to the City of Auburn Planning and Community Development Department. If the board is not returned or is not legible or is damaged. then City Code requires that the applicant shall pay a replacement fee. The replacement fee must be paid prior to the issuance of any permit. license or any othelr approval required by the City of Auburn that is related to subject property. If you have any questions regarding the attached, please give us a call. ~ , Lœ-u\2 Paul Krauss, AICP Director o-¿~r:pl~ PK:pz Attachment cc: Building Department Public Works Department City Clerk AuBURN * MORE THAN YOU IMAGINED BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS AND RECOMMENDATION NO. REl04-0007 Nan Wheeler (Les Schwab Tire Center) For Approval for a Rezone. SUMMARY OF RECOMMENDATION The Hearing Examiner recommends that the Auburn City Council APPROVE the œquest to rezone tax parcel 746890-0150 ITom Single Family Residential (R-2) to Heavy Commercial (C- 3). SUMMARY OF RECORD Reauest Nan Wheeler (Owner/Applicant) on behalf ofLes Schwab Tire Centers requests a rezone of tax parcel 746890-0150 ITom Single Family Residential (R-2) to Heavy Commercial (C-3). The 8,227 -square foot parcel is located at the southeast comer of "E" Street SE and Auburn Way South in Auburn, Washington. The street address is 902 "E" Street SE. Hearing Date The Hearing Examiner for the City of Auburn held an open record hearing on the request on January 19,2005. Testimonv The following individuals presented testimony under oath at the open record hearing: 1. Mr. Steve Pilcher, City of Auburn Planner 2. Mr. David Gibson, Applicant's Agent Exhibits The following exhibits were admitted into the record: Exhibit I Exhibit 2 Exhibit 3 Staff Report dated January 7, 2005 Vicinity Map Rezone Application filed October 28, 2004 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Notice of Application Notice of Public Hearing, with press release Certification of Posting of Notice of Public Hearing Certification of Publication and Mailing of Notice of Public Hearing Email correspondence between Tom Meagher, King County Journal, and Patti look, City of Auburn re: publication of hearing notice Aerial photograph of subject property and surrounding area Exhibit 9 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requests a rezone of tax parcel 746890-0150 ITom Single Family Residential (R-2) to Heavy Commercial (C-3). The 8,227-square foot parcel is located at the southeast corner of"E" Street SE and Auburn Way South in Auburn, Washington. The street address is 902 "E" Street SE. Exhibit 1, pages 1-2; Exhibits 2 & 3. 2. The subject property is developed with a single-family residence that is vacant and deteriorating. Surrounding land uses include a Dairy Queen restaurant to the north, aLes Schwab Tire Center to the east, the Royal College and Medical Center to the west and a single-family residence to the south. Exhibit 1, page 2: Exhibit 9: Testimony of Mr. Gibson. 3. The City of Auburn Comprehensive Plan designation of the subject property and surrounding properties to the north, east and west (all of which are on the Auburn Way South corridor) is Heavy Commercial. Although the surrounding properties to the north, east and west are zoned C-3, the subject property is zoned R-2. The subject property is the only non-commercially zoned property ITonting Auburn Way South betw'~en SR-18 and "R" Street SE. Exhibit 1, page 2. 4. The subject property is at the north end of a residential neighborhood. The parcel to the south of the subject property has a Comprehensive Plan designation of Low Density Residential and a zoning designation ofR-2. Exhibit 1, page 2; Exhibit 9. 5. The purpose of the C-3 zone 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." The zone "is intended to accommodate uses which are oriented to automobiles either as the mode or target or producing the commercial service." ACC 18.30.010; Exhibit 1, page 3. 6. The requested rezone would facilitate use of the subject property by Les Schwab Tire Center for additional parking. Pending street improvement projects on Auburn Way South, including installation of a traffic signal at "F" Street SE and construction of a new driveway access, would restrict the amount of parking available on the current Les Findings. Conclusions & Recommendation Hearing Examiner for the City of Auburn Wheeler Rezone, REZ04-0007 Page 2 of5 Schwab site. Although additionaJ parking is contemplated by the rezone application, no specific project is proposed at this time. Exhibit 1, page 2; Exhibit 3; Testimony of Mr. Gibson. 7. The Auburn City Code (ACC) contains landscaping standards that would mitigate the effect oflocating a C-3 land use adjacent to a single-tìuniIy residence. ACC 18.50.040(E) requires a minimum ten-foot wide strip of Type II landscaping (i.e., visual st'paration) in arcas where a C-3 zone abuts an R-2 zone. Type II landscaping consists of evergreen and no more than 50% deciduous trees planted 20 feet on center, shrubs planted three feet on center, and groundcover. Exhibit 1, page 3. 8. The City of Auburn acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Determination of Non significance (DNS) on December 22, 2004.] Exhibit 1, page 3. 9. Notice of the rezone application was provided to the Washington State Depætment of Community, Trade and Economic Development and other state agencies on November 19, 2004. No comments have been received ITom any state agency. Exhibit 1, page 3. 10. Notice of the open record hearing was mailed to properties within 300 feet of the site on January 4, 2005; posted on the subject property on January 5, 2005; and published in King County Journal on January 5, 2005. Exhibits 5, 6, 7 & 8. There was no public comment on the application. 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 ACC 18.68.130. Criteria for Review 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. ACC 18.68.030 and 18.68.050. I The City issued the DNS through the optional DNS process identified in WAC 197-11-355. Notice of the pending DNS was inctu.ded in the Notice of Application materials issued on December 6, 2004. Exhibit 4. Findings. Conclusions & Recommendation Hearing Examiner for the City of Auburn Wheeler Rezone, REZ04-0007 Pagel of5 In addition to the criteria set forth in the Auburn City Code, the rezone application must be consistent with state law. In the decision Parkridge v. Seattle, 89 Wn.2d 454 (1978), the Washington Supreme Court identified the following general criteria for rezone approval: I. 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; 3. The rezone must bear a substantial relationship to the public health, safety, morals, or welfare. In more recent decisions the Supreme Court and the Court of Appeals have identified an exception to the second Parkridge criterion that is relevant to this case. In Bjarnson v. Kitsap County, 78 Wash. App. 840, 846 (1995), the court held that "where the proposed rezone... implements policies of the comprehensive plan, changed circumstances are not required." The court adopted the rationale from the earlier decision Save Our Rural Environment v. Snohomish County that: If such implementation were not allowed to occur until physical or developmental circumstances in the area had changed, the new comprehensive plan might œver be fulfilled: if an area is presently undeveloped and newly amended comprehensive plan calls for industrial development, no industrial development may occur until aI least one rezone has been granted. Bjarnson, 78 Wash. App. at 846 (quoting Save Our Rural Environment v. Snohomish County, 99 Wash.2d 363, 370 (1983». Because the City of Auburn criteria for rezone approval require that the rezone be consistent with the Comprehensive Plan, no analysis of changed circumstances is required. Conclusions Based on Findings I. The proposed rezone is consistent with the City of Auburn Comprehensive P'lan. The Comprehensive Plan designation of the subject property is Heavy Commercial. The requested C-3 zoning would implement this designation. Finding of Fact No.3. 2. The City of Auburn did not initiate the proposed rezone. Finding of Fact No.1. 3. No modification ofthe proposed rezone is required. The requested C-3 zoning is compatible with the zoning of surrounding properties to the north, east and west and the Comprehensive Plan. The contemplated use of the site is compatible with the C-3 zoning designation and existing uses along the Auburn Way corridor. Findings of Fact Nos. 1, 2, 3, 5&6. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare oftbe community. Although the subject property is at the northern end Findings, Conclusions & Recommendation Hearing Examiner for the City of Auburn Wheeler Rezone, REZ04-0007 Page 4 of5 of a residential neighborhood, the residence on the subject property is deteriorating and the area as a whole is characterized by commercial development. The ACe contains landscaping and other standards that would apply to the property once specific commercial activity is proposed. Compliance with these standards would provide screening between the proposed use and the adjoining residential use. It must be emphasized that ample notice of the open record hearing was provided and no comments were received. Environmental review was conducted pursuant to SEP A and a DNS was iSsued. Findings of Fact Nos. 2, 4, 6, 7, 8, 9 & 10. RECOMMENDATION Based upon the preceding Findings and Conclusions, the request to rezone tax parcel 746890- 0150 from Single Family Residential (R-2) to Heavy Commercial (C-3) should be APPROVED, with no conditions. "- Decided this zS day of January 2005. ~ ~ -t? ~\) ~~ Theodore Paul Hunter City of Auburn Hearing Examiner Findings, Conclusions & Recommendation Hearing Examiner for the City of Auburn Wheeler Rezone, REZ04-0007 Page 5 of5 REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, role! or judgment, or the discovery of new evidence may file a written request for reconsideration Wi~l the Hearing Examiner no later than February 3, 2005. Reconsideration requests should be addressed to: Hearing Examiner. 25 West Main Street, Aubum, 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 February 7. 2005, meeting. At the February 7, 2005, meeting the COUllCil may either affirm the Examiner's recommendation. remand the decision back to the Examiner, or schedule a closed record public hearing. AGENDA BILL APPROVAL FOIRM Aoenda Subiect Public Hearing Application No. REZ04-D007 Date: 1/7/2005 Department Planning I Attachments: Please refer to Exhibit Budget Impact NA List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the requested change in zoning based upon the FindinQs of Fact, Conclusions and Conditions as outlined. Backoround Summarv: OWNER/APPLICANT: Nan Wheeler on behalf of Les Schwab Tire Centers REQUEST: Change in zoning from R-2, Single Family Residential to C-3, Heavy Commercial LOCATION: 902 "E" SI. SE, Auburn, Washington; SE corner of "E" St. SE and Auburn Way South EXISTING ZONING: R-2, Single Family Residential EXISTING LAND USE: Single Family Residence COMPREHENSIVE PLAN DESIGNATION: Heavy Commercial SEPA STATUS: A Final DNS was issued on December 22, 2004. ~vlew~a DY vouncil &_ ~omrrll.!tees: "S: !;ievleW¡¡d by DepartmeQls.~)~lvlslons: ~"'" Co~'_ COUN"" COMMm< r'''~ ro Airport Finance Cemetery Mayor "'"'~ """';œ, ~M"",'"'''''' Finance Parks Human Services Planniœ & CD Fire Planning Park Board Public orks Le al Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: BYesBNO Council Approval: Yes No Call for Public Hearing _1-1_- Referred to Until 1 1 Tabled Until T-r- Councilmember: SinQer I Staff: Pilcher Meetina Date: Januarv 19, 2005 I Item Number: EXHIBIT 1 AUBURN * MORE THAN YOU IMAGINED Aoenda Subiect "' Date: 1/7/2005 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: R-2 Single Family Single ';eniily Residential Resldelntial North Heavy Commercial C-3 Heavy Dairy Queen Commercial restaurant South Low Density R-2 Single Family Single Family Residential Residential Residential East Heavy Commercial C-3 Heavy Les Schwab Tire Commercial Center West Heavy Commercial C-3 Heavy Royal College and Commercial Medical Center EXHIBIT LIST Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Staff Report Vicinity Map Application Notice of Application Notice of Public Hearing Affidavit of Posting Affidavit of Mailing Confirmation of Publication of Legal Notice Aerial Photograph FINDINGS OF FACT: 1. Nan Wheeler (property owner), on behalf of Les Schwab Tire Centers. has applied for a rezone of this property from R-2 Single Family Residential to C-3 Heavy Commercial. The 8.22i' sq. ft. site is located at the southeast comer of "E" St. SE and Auburn Way South and is commonly known at 902 "E" St. SE. 2. The site is currently developed with a single-family residence that appears to be vacant. King County has established an assessed land value of $52.000 and an improvement valu,a of $105.000 (June 1, 2004). Current access to the site is from "E" St. SE. 3. The applicant states that the change in zoning is needed by Les Schwab Tire Center to alleviate restricted parking opportunities that will be further exacerbated by pending street improvement projects to Auburn Way South (installation of a traffic signal at "F" St. SE with planned new driveway access). 4. The site is the only non-commercially zoned property fronting Auburn Way South from SR-18 south to "R" St. SE. However, the site is designated "Heavy Commercial" by the City of Auburn Comprehensive Plan. Adjacent properties to the north, east and west (all which front ~,uburn Way South) are zoned C-3. 5. The property on the southwest corner of the intersection of 'E" St. SE and Auburn Wa:f South, was rezoned to C-3 in 1996 as the result of a privately initiated rezone request. This site houses the Royal College & Medical Center in a converted single-family residence. Page 2 of 4 AQenda Subiect Date: 1n12005 6. The C-3 (Heavy Commercial) zone district allows a broad range of commercial uses (see ACC 18.30.020,030). The intent of the C-3 zone is "... to provide for the location of and grouping of enterprises which may involve some on- premise retail service but with outside activities and display or fabrication. a!!sembling, and service features. This zone is intended to accommodate uses which are, oriented to automobiles either as the mode or target of producing the commercial servic:e." 7. The C-3 zone does not require a minimum side or rear yard setback from an adjacent residential zone (ACC 18.30.040.F). However, the landscaping requirements of the Zoning Ordinance require a minimum 1 O-foot wide Type Ulandscaping strip when a C-3 zone abuts a H-2 (Single Family Residential) zone (ACC 18,50.040.E). R-2 zoning exists to the south of the site (ACC 18.50.040 E). Type Ulandscaping is intended to create a visual separation and requires evergreen and no more than 50% deciduous trees planted 20 feet on-center, plus shrubs planted 3 feet on-center, and groundcover (ACC 18.50.040.6). 8. On December 22, 2004, the SEPA Responsible Official issued a Final Determination of Non- Significance (DNS) for the proposed change in zoning. 9. On November 19, 2004, notice of the proposed change in zoning was provided to thE~ Washington State Department of Community. Trade and Economic Development and other State agencies, pursuant to RCW 36. 70A.1 06. No comments have been received from any agency as of this date. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Comprehensive Plan policy LU-65 states that the City will "identity existing commercial al1erials that are appropriate for continued general (heavy) commercial development... . The property subject to this rezone request is designated as "Heavy Commercial" on the Comprehensive Plan Map. 2. The rezone must be initiated by someone other than the City In order for the Hearing Examiner to consider the request. This rezone request was initiated by the property owner on behalf of Les Schwab Tire Centers. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result In a more Intense zone than the one requested. Given the small size of this site and its location in a long commercial strip. staff is not recommending any changes or modifications to the request. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978»: 1. Conditions In the area must have changed since the original zoning was established. Since the current zoning of the property was established. the Comprehensive Plan was adopted (1986), which established a Heavy Commercial plan designation for this site. The property to the west was rezoned to C-3 in 1997 (Ordinance No. 4950). It can also be reasonably assumed that the Page 3 of 4 AQenda Subiect Date: 1/7/2005 amount of traffic on Auburn Way South has increased substantially during the past 16 years, The pending signalization project at "F" St. SE and Auburn Way South will most likely eliminate some of the available parking for the adjacent Les Schwab Tire Center, who apparently intends to use the rezone site for additional parking for the existing business. 2. The proposed rezone must bear a substantial relationship to the general welfare oj' the community. The rezone will allow for future development of the property in a manner consistent with the established land use pattern along Auburn Way South. Existing land use development st:3ndards are sufficient to ensure adequate buffering of the adjacent residential use to the south. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone with no conditions of approval. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report HEIAPPISTRZ04-7 Page 4 of 4 ~\JU ,~~/) 8TH w CI) ,..: CI) . p SE c . EXHIBIT 2 APPLICATION NO.: APPLICANT: REQUEST: LOCATION: REZ04-0007 Nan Wheeler on behalf of Les Schwab Tire Centers rezone ftom R-2, Single Family Residential to C-3, Heavy Commercial 902 E Street SE RI~ENED nn 2 8 2004 PLANNING DEPARTMENT REZONE APPLICATION ...·~t;{):;~W..W..·......··..........·.......·....·..·........·.............·................·..·......"......................... '--{J,f. art, ~ VI U) /j G{wCL h /((:Z -() y _ (9 ð' ¿) 7 PROPE~ INNER'S NAME APPLICATION NUMBER Sec. Twp. Rng.: ~ Zone Existing: Area Code: Scheduled Public Hearing:~ Staff Project Coordinator: ~ Ú1t OX-- Zone Request: Date Recelved:-'\D -~ 3 -0<-1 .................................................................................................................................................................................. SEPt) 'f-l)03~ 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 (emr) names(s) hereby petition for a change of zoning classification of property described herein from: R2 TO C3 A. How is the property involved in this application more suitable for the uses permitted in th,e proposed zone than those permitted in the present classificalion? Due to the increase in traffic and commercial activities on Auburn Way. this property, being on the corner of Auburn Way and E Street, is more suitable for use in commercial activities than for residential. The proposed re-zone is consistent with the comprehensive plan. 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. This property is already included within the comprehensive plan as being suitable for commercial activities. Changing the zoning of this property to commercial will provide a buffer between busy Auburn Way and the residential properties to the south. This property will be used by the adjacent Les Schwab Tire Center to aleviate parking restrictions that are being increased due to tho¡ pending highway improvement project involving Auburn Way. Rezone for Hearing Examiner Revised 1/3012004 Page 4 of 7 EXHIBIT 3 C. Why is this zoning compatible with the other existing uses in the neighborhood? The proposed re-zone classification is compatible with properties to the east. west. and north of the property. According to information received from City staff, this is one of very few properties along the length of Auburn Way that is not already zoned for commercial us,e. D. Why is this rezone compatible with the existing zoning in the area? The proposed re-zone classification is identical to properties to the east. west, and north of the property. Adequate safeguards exist in the City code to provide for buffers between the. proposed use for the this property and the residence directly to the south. E, Why is this rezone consistent with the Comprehensive Plan for the area? City staff have informed the applicant that this property is included in the comprehensive plan with an anticpated heavy commercial use. The re-zone is consistent with the comprehensive plan. Rezone for Hearing Examiner Revised t /3012004 Page 5 of? 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 7468900150 NAME. ADDRESS & PHONE NUMBER (Please Print) "G~ ~ ¥D7 ðl:J€#Af. (';<S3-9'Z2..<¡~;z..b) IYJi L TM Wit. 9R3S¥ Nan Wheeler ;;; ::I;'~' ~~ T8GÕfhð, \W.98122 AGENT and/or OWNER'S REPRESENTATIVE: Name: David Gibson, Les Schwab Tire Centers Address: P.O. Box 667 City/Phone: Prineville, OR 97754 541-416-5342 Please be advised that even though the City of Auburn may approve your requested mzone, 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 113012004 Page 6 of7 LEGAL DESCRIPTION OF PROPERTY Lot 1 in Block 3 of Ryan Addition to Auburn, according to plat recorded June 3. 1953. in Volume 51 of plats at Page{s) 36. in King County, Washington: Except that portion conveyed to the City of Auburn for street purposes by deed recorded un,der Recording No. 6218559. FEE PAYMENT: $1.545.00 plus $721.00 for SEPA checklist T.R. #: Cashier's Initials: Date Received: Rezone for Hearing Examiner Revised 1/3012004 Page 7 of 7 ~·_w..~~.._ ,Peter B. Lewis. Mayor 25 West MaIn Street * Auburn WA 98001-4998 * WWW.cI.OI.lbum.wa.us * 253-931-3000 .-----_.. ---------- NOTICE OF APPLICATION -----.._----- --- This notice is to ¡nfonn you that the City of Auburn has received an environmental checklist for the following project that may be of interest to you. The checklist may be reviewed at the City of Auburn Department of Planning and Community Develol)ment, 25 West Main Street, Auburn, WA. Nature of Project or Request Rezone of the property located at 902 E Street SE, at the intersection of E Street SE and Auburn Way South. The property is currently zoned ¡;:2, Single- Family Residentiãl. The applicant is seeking a rezone to the C3, Heavy Commercial district. The Comprehensive Plan designation for the property is Heavy Commercial. Location: The project is located at 902 E Street SE. Date of Notice of Application: December 6, 2004 Pennit Application Date: October 28, 2004 Date of Notice of Completeness: November 24, 2004 FileNo: SEP04-o038 Applicant: Les Schwab Tire Centers of Washington, Inc. Based on the City's review of this environmental checklist, 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 proposlIl may include requiring mitigation measures under applicable codes and imposition of mitigatiion measures regardless of whether an Environmental Impact Statement (EIS) is prepared. This may be your only opportunity to comment on the environmental Impacts of the proposal. Other Pennits Required: There are no permits required for this project. However, a Hezone application has been submitted in conjunction with the SEPA environmental checklist application. Also, if the single-family home located on the subject property is removed ¡it some point in the future, demolition and side sewer capping permits will be required. Additional Studies Provided with the Application: There were no additional studies provided with this application. Public Comment Period: You are invited to comment, request a copy ofthe 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 December 21,2004. Public Hearings: A public hearing is not required for this project. EXHIBIT 4 AT JUT TD "-T ... "Ar\nt: 'Tl..JA....1 Vr\111.... It.r'lh..n:n Statement of Consistency and List of Applicable Development Regulations: Thiis 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 has not proposed any mitigation measures. If you have further comments or questions related to this application, you may contact Tiffin Goodman of the Planning and Community Development Department at (253) 931-3090. If you call or write, pleas.e reference File No., SEP04-Q038. .' UJ CI) ,..: = L E S = ! EXHIBIT 5 NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on January 19, 2005, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. REZ04-0007 The request of Nan Wheeler on behalf of Les Schwab Tire Centers for a rezone &om R-2, Single Family Residential to C-3, Heavy Commercial. The property is located at 903 E Street SE. Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the envirorunentallimpact of the proposal. All envirorunental documents prepared pursuant to SEP A 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 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, Auburn, WA. 98001. ¡fyou have further comments or questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development 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 type of service or equipment needed. Each request will be considered individually according to the type ofrequest, the availability ofresources, 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. w CIJ ,..: CIJ & : SE City of Auburn Hearing Examiner 25 West Main Street. Auburn, WA. 98001 (253) 931-3090 FOR IMMEDIATE RELEASE: January 3, 2005 Media Contact: Steve Pilcher, Development Services Coordinator spifchet@ci.auburn.wa.us (253) 804-3111 AUBURN HEARING EXAMINER WILL HOLD PUBLIC HEARINGS JANUARY 19, 2005 Please be advised that the AUBURN HEARING EXAMINER on January 19, 2005 at 7:00 p.m. will conduct a public hearing on the following request: Application No. REZ04-0007 The request of Nan Wheeler on behalf of Les Schwab Tire Centers for a re,zone from R-2, Single Family Residential to C-3, Heavy Commercial. The prope,rty is located at 902 E Street SE. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-30~IO. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA, 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. 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 conceming the type of service or equipment 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. ### CERTIFICATION OF POSTING APPLICATION NO. REZ04-0007 LOCATED AT: 902 E Street SE DATE OF PUBLIC HEARING: January 19, 2005 ***.*** ...+."'*"'* ."'."'..* PUBLIC HEARING NOTICES POSTED: This date 1 certifY that 1 did post land use posting notices. These notices are required to be posted at least 1 0 days prior to the public hearing as required by Chapter 18.68.04O(B)(I)(a) of the Auburn Zoning Ordinance. The public hearing date is scheduled for January 19, 2005. Date: ~J1 s: :ùJOç Name: V;Z¡¡&'~eJ Tu Nguyen, Planning epartment EXHIBIT 6 CERTIFICATION OF PUBLICATION AND MAILING CERTIFICATION OF PROVIDING FOR THE PUBLICATION OF REZ04-0oo7 IN THE KING COUNTY JOURNAL ON THE FOLLOWING: APPLICATION NO.: REZ04-oo07 APPLICANT: Nan Wheeler on behalf of Les Schwab Tire Centers DATE OF PUBLIC HEARING: January 19, 2005 I did on December 31, 2004, send via e-mail to the King County Journal a newspaper of general cireula,tion a notice ofpublic hearing, as required by City of Auburn Zoning Ordinance Chapter 18.66.130 and 18.70.040, for said notice to be published on January 5. 2005, at least 10 calendar days prior to the public hearing. I also on January 4, 2005, sent to all the legally known property owners within 300 feet of the proposed site a copy of the notice of public hearing for the above stated application at least 10 calendar days prior to the public hearing. G£tùur;2alPL EXHIBIT 7 Page 1 of I PattiZook From: Tom Meagher [tom.meagher@kingcountyjoumal.com] Sent: Thursday. December 30, 2004 11 :30 AM To: Patti Zook Subject: RE: Public Hearing Notice for January 5, 2005 Hi, Patti! I have received your email, with the attachment, and will publish the notice (Re/Nc)tice of 1/19/05 Public Hearing, File No. REZ04-0007) in the 1/05/05 edition of the King County J()urnal. Thanks very much, Patti...have a really nice day, and Happy New Year! Tom Meagher Legal Advertising Representative King County Journal Newspapers Phone: 425-453-4296 Fax: 425-635-Q602 -----OriginaI Message---- From: Patti Zook [mailto:pzook@aubumwa.gov) Sent: Thursday, December 30, 2004 II :02 AM To: 'legal ads-Tom Meagher' Subject: Public Hearing NDtice fDr January 5, 2005 Hi Tom- Attached is a notice of public hearing to be published on January 5, 2005. Please e-mail a confirmation. Thanks. (Have a nice holidayO PattiZook City of Auburn Planning Dept. 253-931-3090 This a-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution Is prohibited. If you are not the intended recipient. please contact the sender by repty e-mail and destroy all copies of the original message. Thank You. EXHIBIT 8 1/3/2005 qOJ C, ~_[),rA 5\Orawing2.dwg, 0110612OO5 04:10:22 PM, kwil90n s r. :'Jt 1. '¡ Seale, 1"~100' P\oÞd: JAN 2005 EXHIBIT 9 HEARING EXAMINER MINUTES JANUARY 19. 2005 The regular meeting of the Auburn Hearing Examiner was held on January 19, 2005 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: HEARING EXAMINER: Ted Hunter. Driscoll-Hunter STAFF: Steve Pilcher. Development Services Coordinator, and Patricia look, Planning Secretary Mr. Hunter called the meeting to order at 7:00 p.m. explaining the order of procedures and SWDre in staff and those in the audience intending on testifying. PUBLIC HEARING: APPLICATION NO. REl04-0007 The request of Nan Wheeler on behalf of Les Schwab Tire Centers for a rezone from R-2, Single Family Residential to C-3, Heavy Commercial. The property is located at 902 E Street SE. The public hearing was opened. Development Services Coordinator Pilcher presented the staff report and commented that thelre is not a specific development proposal at this time. It may be the applicant's desire to acquire the site in order to provide additional parking. The C3 zoning will occur in conformance to City codes and regulations. There will be landscaping requirements at the time of redevelopment to a commercial use. Staff rec()mmends approval. David Gibson, Les Schwab Tire Center, thanked staff and the Hearing Examiner for considering their request. He mentioned a restrictive covenant on the property that restricts the site for residential use and he is working to resolve the matter. He has written to the adjacent property owners in the area. as well as had a discussion with the neighbors regarding their proposal. The site currently contains a dilalpidated house that cannot be renovated. Hearing Examiner said that based on the information contained in the staff report he will recommend approval of the rezone. The decision will be issued within 10 working days. The public hearin! was closed. ADJOURNMENT: With no further items to come before the Hearing Examiner. the meeting was adjourned at 7:10 p.m. HEIAGNDIMIN 01-2005 PAGE 1 ORDINANCE NO. 5 8 9 3 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE REQUEST TO REZONE TAX PARCEL 746890-0150 FROM SINGLE FAMILY RESIDENTIAL (R-2) TO HEAW COMMERCIAL (C-3). WHEREAS, Application No. REZ04-0007, dated October 28, :W04, has been submitted to the City of Auburn, Washington, by Nan Wheeler (Owner/Applicant) on behalf of Les Schwab Tire Centers, requesting an approval to rezone tax parcel 746890-0150 from Single Family Residential (R- 2) to Heavy Commercial (C-3); and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on January 19, 2005, of which the Hearing Examiner recommended approval of the Rezone and Conditional Use Permit on January 25, 2005; and WHEREAS, the City Council, on February 7, 2005, considE~red said request and affirmed the Hearing Examiner's recommendation to approve the rezone based upon the following Findings of Fact and Conclusions, to-wit: ---------------------------- Ordinance 5893 January 27,2005 Page 1 FINDINGS OF FACT 1. The Applicant requests a rezone of tax parcel 746890-0150 from Single Family Residential (R-2) to Heavy Commercial (C-3). The 8,227-square foot parcel is located at the southeast corner of "E" Street SE and Auburn Way South in Auburn, Washington. The street address is 902 "E" Street SE. Exhibit 1, pages 1-2; Exhibits 2 & 3. 2. The subject property is developed with a single-family residem;e that is vacant and deteriorating. Surrounding land uses include a Dairy Queen restaurant to the north, a Les Schwab Tire Center to the east, the Royal College and Medical Center to the west and a single-family residence to the south. Exhibit 1, page 2; Exhibit 9; Testimony of Mr. Gibson. 3. The City of Auburn Comprehensive Plan designation of thE~ subject property and surrounding properties to the north, east and WEIst (all of which are on the Auburn Way South corridor) is Heavy Commercial. Although the surrounding properties to the north, east and west are zoned C-3, the subject property is zoned R-2. The subject propElrty is the only non-commercially zoned property fronting Auburn Way South between SR-18 and "R" Street SE. Exhibit 1, page 2. 4. The subject property is at the north end of a residential neighborhood. The parcel to the south of the subject property has a Comprehensive Plan designation of Low Density Residential and a zoning desiglnation of R-2. Exhibit 1, page 2; Exhibit 9. 5. The purpose of the C-3 zone 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." The zone "is intended to accommodate uses which are oriented to automobiles either as the mode or Itarget or producing the commercial service." ACC 18.30.010; Exhibit 1, pélge 3. 6. The requested rezone would facilitate use of the subject property by Les Schwab Tire Center for additional parking. Pending street improvement projects on Auburn Way South, including installation of a traffic signal at "F" Street SE and construction of a new driveway access, would restrict ---------------------------- Ordinance 5893 January 27, 2005 Page 2 the amount of parking available on the current Les Schwab site. Although additional parking is contemplated by the rezone application, no specific project is proposed at this time. Exhibit 1, page 2; Exhibit 3; Testimony of Mr. Gibson. 7. The Auburn City Code (ACC) contains landscaping standards tl1at would mitigate the effect of locating a C-3 land use adjacent to a sin!~le-family residence. ACC 18.50.040(E) requires a minimum ten-foot wide strip of Type II landscaping (i.e., visual separation) in areas where a (;-3 zone abuts an R-2 zone. Type II landscaping consists of evergreen and no more than 50% deciduous trees planted 20 feet on center, shrubs planted three feet on center, and groundcover. Exhibit 1, page 3. 8. The City of Auburn acted as lead agency for review of environmental impacts caused by the proposal. The City issued a Determination of Nonsignificance (DNS) on December 22, 2004. Exhibit 1, page 3. 9. Notice of the rezone application was provided to the Washinglton State Department of Community, Trade and Economic Development and other state agencies on November 19, 2004. No comments have been received from any state agency. Exhibit 1, page 3. 10. Notice of the open record hearing was mailed to properties within 300 feet of the site on January 4, 2005; posted on the subject property on January 5, 2005; and published in King County Journal on January 5. 2005. Exhibits 5, 6, 7 & 8. There was no public comment on the application. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendatic)I1 to the Auburn City Council on rezone applications pursuant to RCW 35.63,,170 and ACC 18.68.130. Criteria for Review For a rezone application to be approved, the Applicant must show the following; ---------------------------- Ordinance 5893 January 27,2005 Page 3 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 Examint~r or City Council will not result in a more intense zone than the one requeste,d. ACC 18.68.030 and 18.68.050. In addition to the criteria set forth in the Auburn City Code, the rezone application must be consistent with state law. In the decision Parkridge v. Seattle, 89 Wn.2d 454 (1978), the Washington Supreme Court identified the following general criteria for rezone approval: 1. There is no presumption of validity favoring the action or rezoning; 2. The proponents of the rezone have the burden of proof in demc)nstrating that conditions have changed since the original zoning; 3. The rezone must bear a substantial relationship to the public health, safety, morals, or welfare. In more recent decisions the Supreme Court and the Court of AppE~als have identified an exception to the second Parkridge criterion that is relevant to this case. In Bjamson v. Kitsap County, 78 Wash. App. 840, 846 (1995), the court held that "where the proposed rezone ... implements policie!l of the comprehensive plan, changed circumstances are not required." The court adopted the rationale from the earlier decision Save Our Rural Environment v. Snohomish County that: If such implementation were not allowed to occur until physical or developmental circumstances in the area had changed, the new comprehensive plan might never be fulfilled: if an area is presently undeveloped and newly amended comprehensive plan calls for industrial development, no industrial development may occur until al least one rezone has been granted. Bjamson, 78 Wash. App. at 846 (quoting Save Our Rural Environment v. Snohomish County, 99 Wash.2d 363, 370 (1983)). Because the City ()f Auburn criteria for rezone approval require that the rezone be consistent with the Comprehensive Plan, no analysis of changed circumstances is required. ---------------------------- Ordinance 5893 January 27,2005 Page 4 Conclusions Based on findinas I. The proposed rezone is consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject property is Heavy Commercial. The requested C-3 zoning would implement this designation. Finding of Fact NO.3. 2. The City of Auburn did not initiate the proposed rezone. Finding of Fact No.1. 3. No modification of the proposed rezone is required. The requE!sted C-3 zoning is compatible with the zoning of surrounding properties to the north, east and west and the Comprehensive Plan. The contemplated use of the site is compatible with the C-3 zoning designation and existing uses along the Auburn Way corridor. Findings of Fact Nos. 1, 2, 3, 5 & 6. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. Alth()ugh the subject property is at the northern end of a residential neighborhood, the residence on the subject property is deteriorating and the area as a whole is characterized by commercial development. The ACC contains landscaping and other standards that would apply to the property once specific commercial activity is proposed. Compliance with these standards would provide screening between the proposed use and the adjoining rE~sidential use. It must be emphasized that ample notice of the open record hearing was provided and no comments were received. Environmental review was conducted pursuant to SEPA and a DNS was issued. Findings of Fact Nos. 2, 4, 6, 7, 8, 9 & 10. DECISION for each of the above reasons, the Hearing Examiner recommended approval of the Rezone with no conditions. NOW, THEREFORE, THE CITY COUNCIL Of THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: ---------------------------- Ordinance 5893 January 27, 2005 Page 5 Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference and the r'equest for approval to rezone tax parcel 746890-0150 legally described in Exhibit "A" from Single Family Residential (R-2) to Heavy Commercial (C-3) is hereby approved. Section 2. Severabilitv. 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 the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recordina. 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. ---------------------------- Ordinance 5893 January 27.2005 Page 6 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. ATTEST: Danielle E. Daskam, City Clerk Published: ----------..-..--------------- Ordinance 5893 January 27,2005 Page 7 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR EXHIBIT "A" Lot 1 in Block 3 of Ryan Addition to Auburn, according to plat recordE~d June 3, 1953, in volume 51 of plats at page(s) 36, in King County, WashingtC)n; Except that portion conveyed to the City of Auburn for street purposes by deelj recorded under Recording No. 6218559.