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HomeMy WebLinkAbout5074Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ORDINANCE NO. 5074 2. Reference Number(s) of Documents assigned or released: [--IAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) 1 .City of Auburn 1~2' 3. 4. Grantee/Assignee/Beneficiary: (Last name first) 4. Puget Western, Inc. REZ0002-97 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW quarter of the SE quarter of Section 30, Township 21 North, Range 5 East, in King County. ~[~Additional legal is on page ~ of document. Assessor's Property Tax Parcel/Account Number 302105-9024 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 0 7 4 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF ORAVETZ ROAD, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM UNCLASSIFIED TO R-4 (MULTI-FAMILY) AND REPEALING ORDINANCE NO. 5054 PASSED DECEMBER 1, 1997. WHEREAS, Application No. REZ0002-97 has been submitted to the Council of the City of Auburn, Washington, by PUGET WESTERN, INC., requesting the rezoning of the real property hereinafter described in Section 2 of the Ordinance; and WIqEREAS, said request above referred to, was 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 said petition in the Council Chambers of the Auburn City Hall, on October 21, 1997, at the conclusion of which the Hearing Examiner Ordinance No. 5074 February 25, 1998 Page 1 recommended the approval and WHEREAS, the City Council, on November 17, 1997, conducted a closed record hearing and reversed the Hearing Examiner's recommendation for rezone; and WHEREAS, the applicant filed suit in King County Superior Court, Case No. 97-2-31167-5KNT; and WHEREAS, for the purposes of settlement of the City Council conducted another public hearing; of the rezoning of said property; W/qEREAS, the City Council conducted a closed record public prior decision and affirmed recommendation for rezone based upon the of Fact and Conclusions of Law, to-wit: litigation and on February 17, 1998, hearing, reconsidered the the Hearing Examiner's following Findings FINDINGS OF FACT The applicant, Puget Western, Inc., requests a rezone. Currently, the subject property, which is approximately 8.8 acres in size, or slightly larger, but definitely under 10 acres, is located on the south side of Oravetz Road approximately 1,600 feet west of "R" Street. 2 o The subject property currently has a zoning designation of "Unclassified". The applicant is requesting that it be rezoned to R-4, Multi-Family zoning, in accordance with the Special Area Plan for the Lakeland Hills community. Ordinance No. 5074 February 25, 1998 Page 2 4 o 5 o 6 o 7 o The subject parcel is part of the Lakeland Hills community and the community plan clearly and specifically identifies this subject parcel to be appropriate for multi-family zoning. The only purpose of the current action is to rezone the property. No subsequent development plan has been proposed as part of the rezone process. A specific development plan is not required to simply rezone the property. However, future development may be constrained due to a number of issues including, but not limited to, steep slopes, the heavily forested nature of the property, and the location such that providing access may prove problematic. At the time of the public hearing, a number of witnesses spoke regarding their concern about multi- family development. Specifically, neighbors expressed concern regarding traffic issues, wildlife issues, and the steep slopes. In accordance with the Washington State Environmental Policy Act, an environmental review was done on the rezone only. This applicant is considered to be a non- project action and accordingly environmental review was done on the rezone only. As previously indicated, when a specific development is proposed, additional environmental review will need to be performed which completely analyzes all issues. The environmental review will include, at a minimum, substantial traffic analysis, a geotechnical analysis, a tree inventory and mitigation plan, and careful review of any other issues which may be involved. The contents of the case file, REZ0002-97, and the environmental file, SEP0032-97, are incorporated herein by reference. Ordinance No. 5074 February 25, 1998 Page 3 CONCLUSIONS OF LAW o The rezone may be approved. The proposed rezone is consistent with the Comprehensive Plan map designation, which is contained within the Lakeland Hills Special Plan Area. The rezone, in and of itself, will not allow a subsequent use of the property without additional environmental review. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone from Unclassified to R-4 (Multi- Family) is approved. NOW, THEREFORE, THE CITY COUNCIL 0F THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 5054 passed December 1, 1997 that previously denied the above rezone is hereby repealed in its entirety. Section 2. of Fact and Ordinance. Section 3. the The above cited Hearing Examiner's Findings Conclusions, are herewith incorporated in this The following described property located on south side of Oravetz Road approximately 1,600 feet west Ordinance No. 5074 February 25, 1998 Page 4 of "R" Street, situate in the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from Unclassified to R-4 (Multi-Family) and legally described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH OF ORAVETZ ROAD AS CONVEYED TO KING COUNTY BY DEED UNDER RECORDING NO. 4926236; EXCEPT THAT PORTION LYING WESTERLY OF A LINE 720 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30. Section 4. The above rezone is hereby approved subject to the following condition: Upon submission of a development plan for any project, a detailed environmental review shall be conducted and appropriate environmental analysis completed. Section 5. 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. Ordinance No. 5074 February 25, 1998 Page 5 Section 6. such administrative procedures as may be necessary to Sectio~ 7. force five days out the directions of this This from publication as provided by law. The Mayor is hereby authorized to implement carry legislation. Ordinance shall take effect and be in and after its passage, approval and ATTEST: Danielle E. Daskam, City Clerk A ~ V~D A TO F RM: · hael J.-Reynoid~, City Attorney INTRODUCED: PASSED: APPROVED: March 2, 1998 March 2, 1999 March 2, 1998 CHARLES A. BOOTH MAYOR Ordinance No. 5074 February 25, 1998 Page 6