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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
Ii nil I 1111 Ii IIi I' I
20040708002026
PACIFIC NU TIT ORC 31.00
PAGE001 OF 013
07/08/2004 14:30
KING COUNTY, UA
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Rezone (Ordinance 5847)
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Reference Number(s) of Documents assigned or released:
DAdditional reference #'s on page _ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1 . Moffet, Bill
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Tax Lot 869520-0056 the East % of the west % of Lot 7 Turesen's First Addition to Auburn
[g Additional legal is on page 6 of document.
Assessor's Property Tax Parcel/Account Number
8695200056, 8695200057
o Assessor Tax # not yet assigned
ORDINANCE NO. 5 8 4 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF
TAX PARCELS 869520-0056 AND 869520-0057, CHANGING THE
ZONING CLASSIFICATION FROM R-3 (TWO-FAMILY
RESIDENTIAL) TO C-3 (HEAVY COMMERCIAL)
WHEREAS, Application No. REZ04-0003 has been submitted to the City
of Auburn, Washington, by Bill Moffet, requesting the rezoning of tax parcels
869520-0056 and 869520-0057 from R-3 (TWO-FAMILY RESIDENTIAL) to C-3
(HEAVY COMMERCIAL) 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 April 20, 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
WHEREAS, the City Council, on May 17, 2004, considered said request
and affirmed the Hearing Examiner's recommendation for rezone based upon
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Ordinance No. 5847
June 1, 2004
Page 1
the Amended Findings of Fact and Conclusions of Law and Decision, a copy of
which is attached hereto, marked as Exhibit "B" and incorporated herein; 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 tax parcels 869520-0056 and 869520-0057,
consisting of 18,750-square foot lots, identified on said Exhibit "A," the same is
hereby rezoned from R-3 (TWO-FAMILY RESIDENTIAL) to C-3, (HEAVY
COMMERICAL).
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
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Ordinance No. 5847
June 1, 2004
Page 2
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
bylaw.
INTRODUCED: JUN - 72004
PASSED: JUN - 7 2004
APPROVED:
JUN - 7 2004
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PETER 8. LEWIS
MAYOR
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ATTEST:
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Danielle E. Daskam
City Clerk
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Ordinance No. 5847
June 1, 2004
Page 3
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Ordinance No. 5847
June 1, 2004
Page 4
EXHIBIT" A"
Legal Description:
Tax Lot 869520-0056 the East 1/2 of the west 1/2 of Lot 7 Truesen's First Addition to
Auburn, according to the plat thereof in volume 29 of plats, page 46, records of King
County Washington
Tax Lot 869520-0057 the West 1/2 ofthe west 1/2 of Lot 7 Truesen's First Addition to
Auburn, according to the plat thereof recorded in volume 29 of plats, page 46, records
of King County Washington
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Ordinance No. 5847
June 1, 2004
Page 5
EXHIBIT B
BEFORE THE HEARING EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
NO. REZ04-0003
Bill Moffet
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FINDINGS, CONCLUSIONS
AND RECOMMENDA nON
For Approval for a Rezone.
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the Auburn City Council APPROVE the request
to rezone tax parcels 869520-0056 and 869520-0057 from Two-Family Residential (R-3)
to Heavy Commercial (C-3), subject to conditions.
SUMMARY OF RECORD
Request
Bill Moffet (Applicant) on behalf of Greg Swain (Property Owner) requested a rezone of
tax parcels 869520-0056 and 869520-0057 from Two-Family Residential (R-3) to Heavy
Commercial (C-3). The subject parcels are two contiguous 18,750-square foot lots located
on the north side of 23rd Street SE, approximately 400 feet east ofthe intersection of "A"
Street SE in Auburn, Washington.
Hearing Date
The Hearing Examiner for the City of Auburn held an open record hearing on the request
on April 20, 2004.
Testimony
The following individuals presented testimony under oath at the open record hearing:
I. Mr. Sean Martin, City of Auburn Planner
2. Mr. Bill Moffet, Applicant/Property Owner's Representative
3. Mr. Michael Bocatch
Exhibits
The following exhibits were admitted into the record:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit II
Staff Report dated April 9, 2004
Vicinity Map
Rezone Application
Site Plan
SEP A Checklist Application
Notice of Application
SEP A Final Determination of Non significance
Notice of Public Hearing
Application for Lot Line Adjustment (conceptual)
Zoning Map
Comprehensive Plan Map
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 requested a rezone of tax parcels 869520-0056 and 869520-0057
from Two-Family Residential (R-3) to Heavy Commercial (C-3). The subject
parcels are two contiguous 18,750-square foot lots located on the north side of 23rd
Street SE, approximately 400 feet east of the intersection of "A" Street SE in
Auburn, Washington.l Exhibit 1, page 1; Exhibit 2; Exhibit 3.
2. The subject parcels are located on the boundary between the R-3 and C-3 zones.
Properties to the north and west of the subject parcels are zoned C-3, and properties
to the east of the subject parcels are zoned R-3. The properties to the south of the
subject parcels (across 23rd Street SE) are zoned Residential Manufactured Home
Park (R-MHP). Exhibit 1, page 2; Exhibit 2; Exhibit 10.
3. The subject parcels are located in a transitional area on the boundary between two
Comprehensive Plan designations. Generally, the Comprehensive Plan designation
transitions from "Heavy Commercial" in the northwest corner of the parcels to
"Moderate Density Residential" in the southeast corner ofthe parcels. The majority
of the parcels are within the "Moderate Density Residential" designation. However,
City planning staff submitted that the Comprehensive Plan boundaries are designed
to be general and not parcel-specific. Staff submitted that a Comprehensive Plan
amendment would not be required for the requested rezone. Exhibit 1, page 1;
Exhibit 11; Testimony of Mr. Martin.
4. The northern portion of the subject parcels consists of a fenced and graveled
storage area. The southern portion of Parcel No. 869520-0057 contains a vacant
1 See Exhibit 3, page 7 for full legal description of the parcels.
single-family residence. The property to the north of the subject parcels is
developed with a fence company and storage area. The property to the west of the
subject parcels is developed with a single-family residence and storage area. The
property to the east of the subject parcels is developed with a single-family
residence. The property to the south ofthe subject parcels is developed with a
mobile home park. Exhibit 1, page 2; Exhibit 5, page 10.
5. The subject parcels have historically been used as a contractor storage and staging
area. In 1987 the City rezoned the parcels from Heavy Industrial (M-2) to R-3 as
part of a major zoning overhaul. The pre-existing commercial use of the property
continued after the rezone, although the use is not allowed under R-3 zoning.
Commercial operations ceased approximately one year ago in response to code
enforcement proceedings. The Applicant seeks to rezone the parcels to C-3 in order
to reestablish commercial use. Exhibit 1, page 2; Exhibit 3; Testimony of Mr.
Martin; Testimony of Mr. Moffet.
6. 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. Section
18.30.020(M) of the Auburn City Code (ACC) identifies "building contractor
services, including storage yards" as a permitted use in the C-3 zone. ACC
18.30.020.
7. During the 2003 Comprehensive Plan update, the Applicant sought a
Comprehensive Plan amendment to re-designate the eastern portions of the subject
parcels to "Heavy Commercial". The City denied the request because the addition
of commercial traffic to 23rd Street SE would be inconsistent with the
Comprehensive Plan. Exhibit 1, page 3.
8. The purpose of the "Heavy Commercial" Comprehensive Plan designation is "to
provide automobile oriented commercial areas to meet both the local and regional
need for such services." Comprehensive Plan, page 14-11. The criteria for
designation read as follows:
This designation should only be applied to areas which are highly accessible
to automobiles along major arterials. Generally this category would
characterize commercial strips. This zone is appropriate for the intersections
of highly traveled arterials, even if adjacent sites are best suited for another
commercial designation.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-0003
Page 3 of7
Comprehensive Plan, page 14-12. The Transportation element of the City of
Auburn Comprehensive Plan classifies "A" Street SE, to the west of the subject
parcels, as a "Principal Arterial". Comprehensive Plan, page 7-5; Exhibit 1, page 3.
However, 23rd Street SE is an unclassified street that would be developed to "Local
Residential" standards if fully improved. Exhibit 1, page 2. The subject parcels
currently have access only from 23rd Street SE. Exhibit 2; Exhibit 4.
9. The Applicant proposes to address the access issue through a Boundary Line
Adjustment (BLA). With the BLA the northern portion of the parcels would be
incorporated into a C-3-zoned parcel to the north that has frontage on 21 st Street
SE, and the southern portion of the parcels would be incorporated into a C-3-zoned
parcel to the west that has frontage on "A" Street SE. Exhibit 9.
10. The C-3-zoned parcel to the west of the site has approximately 375 feet of frontage
on 23rd Street SE (between "A" Street SE and the subject parcels). Exhibit 4. Staff
recommended as a condition of rezone approval that access points from 23rd Street
SE be limited to a distance of 375 feet east of "A" Street SE. Such a condition
would ensure that commercial access onto 23rd Street SE would not extend further
east than the current "Heavy Commercial" zoning and Comprehensive Plan
boundaries.2 Exhibit 1, page 5; Exhibits 10 and 11; Testimony of Mr. Martin.
11. Pursuant to the State Environmental Policy Act (SEP A), 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 March 16,2004. Exhibit
7.
12. The City issued a Notice of Application on March 2,2004 (Exhibit 6) and a
subsequent Notice of Public Hearing (Exhibit 8). Exhibits 6 and 8. Public comment
on the proposal related to potential impacts to the mobile home park on the south
side of 23rd Street SE, and to concern that the C-3 zone would be stretched too far
beyond current boundaries. One of the specific concerns was that commercial
development of the parcels would necessitate widening 23rd Street SE. The witness
was concerned that mobile home units would be eliminated if additional right-of-
way was taken from the south side of 23rd Street SE, and that the road
improvements would increase the tax burden on residents. Testimony of Mr.
Bocatch.
2 The C-3 parcel to the west of the site has existing access points on 23rd Street SE. Exhibit 4.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-0003
Page 4 of7
13. The City of Auburn Public Works Department has already identified the road
improvements that would be required for commercial development of the site. The
improvements would be constructed within the existing right-of-way, and would be
limited to the length of 23rd Street SE between the access driveway and "A" Street
SE. The required road section would include a 24- foot wide paved roadway to
ensure adequate two-way travel for commercial traffic, and a five-foot wide
pedestrian path. Exhibit 1, pages 3-4. City planning staff emphasized that the City
does not intend to require road widening as a condition of development approval.
Because commercial traffic would not have reason to travel east on 23rd Street SE,
required road improvements would be limited to the west end of the street. Staff
also emphasized that the existing C-3 lot with 375 feet of frontage on 23rd Street
SE would be entitled to develop commercially regardless of the requested rezone.
Testimony of Mr. Martin.
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.
In addition to the criteria set forth in the Auburn City Code, the rezone application must be
consistent with state law. In the landmark decision Parkridge v. Seattle, 89 Wn.2d 454,
573 P.2d 359 (1978), the Washington Supreme Court identified the following criteria:
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.
Conclusions Based on Findings
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-0003
Page 5 of7
I. With conditions of approval requiring completion of the BLA and restricting
access on 23rd Street SE, the proposed rezone would be consistent with the City of
Auburn Comprehensive Plan. The subject parcels are located in a transitional area
between two
Comprehensive Plan designations. After BLA approval, the majority of the new parcels
would be zoned C-3 and designated "Heavy Commercial". The BLA would ensure that
the parcels have access to "A" Street SE, 23rd Street SE and 21st Street SE through
existing commercial areas. With a condition of approval limiting access points on 23rd
Street SE to within 375 feet of "A" Street SE, the rezone would not extend the potential
commercial traffic load on 23rd Street SE farther east than under the current zoning
designation. This change in circumstance remedies the prior conflict between the
requested C-3 zoning designation and the Comprehensive Plan. Findings of Fact Nos.
1,2,3,4,7,8,9& 10.
2. The City of Auburn did not initiate the proposed rezone. Finding of Fact No.1.
3. Changes of modification to the proposed rezone by the Hearing Examiner will not
result in a more intense zone than the one adopted. The conditions of approval
recommended by the Hearing Examiner would not result in a more intense zone than
the zone requested. The recommended conditions would minimize the impact of the
requested rezone on nearby residential parcels. Findings of Fact No. 10.
4. The proposed rezone bears a substantial relationship to the public health, safety,
morals, or welfare of the community. The rezone would allow development that is
consistent with the historic use of the parcels and the land use to the north of the
parcels. The primary concern raised in public comment was that the rezone and future
development of the site would precipitate the widening of 23rd Street SE. However,
staff provided credible testimony that (1) it is unlikely that widening of the entire
length of 23rd Street SE would ever be required; (2) the required road improvements
would likely be limited to the portion of the property frontage between the access
driveway and "A" Street SE; and (3) with the condition of approval limiting access
points to within 375 feet of "A" Street SE, the "risk" of road widening due to
commercial development of the rezoned parcels would not be significantly greater than
the risk of road widening under current zoning. Even without the requested rezone, the
parcel to the west of the subject parcels would be entitled to develop in accordance
with C-3 standards. Road and driveway requirements imposed by the City in
conjunction with development of the site would minimize the potential for conflicts
between the commercial traffic and existing residential vehicular and pedestrian traffic.
Findings of Fact Nos. 4, 5, 9, 10, 12 & 13.
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-0003
Page 60f7
5. With the proposed Boundary Line Adjustment, circumstances have changed since
the establishment of the current zoning district. The BLA would ensure that the
parcels have access to "A" Street SE, 23rd Street SE and 21 5t Street SE through existing
C-3 parcels. With a condition of approval limiting access points on 23rd Street SE to
within 375 feet of "A" Street SE, the rezone would not extend the potential commercial
traffic load on 23rd Street SE farther east than under the current zoning designation.
This change in circumstance remedies the prior conflict between the requested C-3
zoning designation and the Comprehensive Plan. Findings of Fact Nos. 7, 8, 9 & 10.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the request to rezone tax parcels
869520-0056 and 869520-0057 from Two-Family Residential (R-3) to Heavy Commercial
(C-3) should be APPROVED, subject to the following conditions:
1. The Applicant shall obtain City approval of a Boundary Line Adjustment, generally
consistent with the application identified as Exhibit 9, and record said Boundary
Line Adjustment before the C-3 zoning designation becomes effective.
2. Commercial ingress and egress points along 23rd Street SE shall be limited to
within 375 feet of "A" Street SE. This condition shall not relieve the Applicant
from compliance with any other applicable driveway location requirements.
Decided this 4th day of May 2004.
LeAnna C. Toweill
City of Auburn Hearing Examiner
Findings, Conclusions & Recommendation
Hearing Examiner for the City of Auburn
Moffet Rezone, REZ04-0003
Page 70f7