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HomeMy WebLinkAbout6241 ORDINANCE NO. 6241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A REZONE AS REQUESTED BY PIANO LLC, A LIMITED LIABILITY CORPORATION, OF A 4.75-ACRE PARCEL FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (DUPLEX RESIDENTIAL) • WHEREAS, Application No. REZ07-0034, submitted December 17, 2007, was submitted to the City of Auburn, Washington, by Piano LLC, for approval to rezone a 4.75 acre parcel from R1, Single Family Residential District to R3, Duplex Residential District; and WHEREAS, the property is located NE of the Intersection of Oravetz Road and Lakeland Hills Way SE within the southwest quarter of Section 31, Township 21 North, Range 5 East, W.M. King County, Washington, and is identified as King County Assessor's Parcel No. 3121059064; and WHEREAS, on March 25, 2009, the Hearing Examiner conducted a duly noticed public hearing on the matter and on April 6, 2009, issued a decision recommending the City Council approve the rezone; and WHEREAS, on April 13, 2009, the City of Auburn received a timely Request for Reconsideration from the applicant, asserting that the Examiner did not identify a document entered at the hearing by the applicant into the exhibit list of the Examiner's recommendation; and WHEREAS, on April 24, 2009, the Hearing Examiner issued an Order on Reconsideration, confirming the applicant's request to include a document that was Ordinance No. 6241 May 12, 2009 Page 1 of 7 submitted at the public hearing and inadvertently left out of the exhibit list in the decision of April 6, 2009; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Approval. The request to rezone approximately 4.75 acres from R-1 (Single-Family Residential) to R-3 (Duplex Residential) is hereby APPROVED, subject to the conditions herein. Section 2. Adoption of Hearing Examiner's Decision. The City Council adopts the Hearing Examiner's Findings of Fact, Conclusions and Recommendation dated April 6, 2009, attached hereto and incorporated by reference, for the property located NE of the Intersection of Oravetz Road and Lakeland Hills Way SE within the southwest quarter of Section 31, Township 21 North, Range 5 East, W.M. King County, Washington, and is identified as King County Assessor's Parcel No. 3121059064 as identified in Exhibit "A" attached hereto and incorporated by reference, to wit: FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Piano, LLC. 2. Hearin . The Hearing Examiner conducted a hearing on the application at 3:00 p.m. at Auburn City Hall in the Council Chambers on March 25, 2009. Substantive: 3. Site/Proposal Description. The applicant has applied for the rezoning of a 4.75-acre parcel from R-1 (Single-Family Residential) to R-3 (Duplex Residential). The rezone will enable more than twice the currently allowed density. Nothing but single-family residences are allowed in the R-1 zoning district. Single-family residences and duplexes are allowed outright within the R-3 zoning district. Multiple duplexes on a single lot and multi-family residential structures are allowed upon approval of a conditional use permit in the R-3 zoning district. There is no development proposal associated with this rezone request at this time. Ordinance No. 6241 May 12, 2009 Page 2 of 7 The site is currently vacant with forested areas throughout. It is bordered by Oravetz Road on the west and Lakeland Hills Way on the east. Both roads are classified as minor arterials. The site comprises of a roughly recta ng u lar-shaped parcel, which slopes moderately to steeply upward to the south and east from Oravetz Road Southeast. The central section of the site contains a benched area. From the benched area, the site slopes steeply upwards to Lakeland Hills Way Southeast within northern and central sections and gently upward within the southern sections of the site. The steep slopes along Oravetz Road Southeast are generally inclined at approximately 70-percent grades, while the steep slopes within the central section of the site below Lakeland Hills Way Southeast are inclined at approximately 40- to 60-percent grades. Some Iocalized areas of the slopes above the benched area are inclined at grades of approximately 80 to 90 percent. The slopes atong Oravetz Road Southeast and within the central portion of the site appear to have been modified by past grading activity. 4. Characteristics of the Area. The general vicinity of the subject site is characterized as land transitioning from less urban to a more urban development pattern. The Lakeland Hills Planned Unit Development is a few hundred feet to the east. Properties adjacent to the subject site, particularly along the north and east edges, are characterized as developed to higher urban densities that are consistent with the City of Auburn's zoning and comprehensive plan designations. A high school and an elementary school are located north and west of the site on the west side of Oravetz Road. 5. Adverse Impacts. The primary issue of concern for the subject property is its steep slopes. As noted by staff, steep-slope issues have undergone extensive review by both the applicant's geotechnical consultant (Associated Earth Sciences, Inc.) and a peer- review consultant (ZZA-Terracon). The last written documentation from the peer-review consultant (Exhibit 12) concludes that the proposed rezone may be at odds with the AMC--Specified Prohibition of Class IV Land Slide Hazard Area alteration since development of the site for multi-family housing would [sic] the likely require alteration of the Class IV Landslide Hazard Areas. However, staff and the applicant's attorney testified that the peer-review consultant has subsequently concluded that the property is not Class IV hazard area, but rather a Class II hazard area and that as such, the proposed rezone is consistent with the geological constraints of the property. This testimony is consistent with the MDNS (Exhibit A) for the project, where it is stated at Page 3 that the peer-review engineer has agreed that the project should be classified as a Class II/Moderate Hazard Landslide Hazard Area. This evolution in the assessment of geological hazard apparently arises from the fact that the original Class IV designation was based solely upon topographical conditions (the steep slopes at the site). Whereas a more in-depth investigation revealed that the soils and groundwater characteristics of the site merited a less hazardous designation. Given these factors, the Examiner finds that the proposed rezone is consistent with the geological constraints of the site. A letter in opposition was also received (Exhibit 14) by Mel Johnson. Mr. Johnson expressed concerns over traffic, visual impact, stormwater and "zoning continuity." Mr. Johnson notes that the Lakeland Hills Way and A Street intersections are already highly Ordinance No. 6241 May 12, 2009 Page 3 of 7 congested, and there are already many more areas in Lakeland Hills that are still to be developed. Staff comment on existing traffic conditions and capacity of the road network would have been helpful in evaluating this concern. However, the roads serving this project are arterials and, consequently, no development on the subject site will be allowed under the Growth Management Act that lowers the level of service of these arterials below City-adopted standards. Further, as noted in the staff report, all traffic impacts will be mitigated at the time of development. Given these safeguards, the Examiner finds that transportation will be adequately addressed. As to stormwater, the City has extensive regulations that address stormwater impacts. These regulations prohibit any net increase in discharge of stormwater offsite. The City's existing regulations adequately address stormwater. As to visual impact, there is little that can legally be done to address visual impacts in permit review, given the lack of specific standards to address the situation. However, Condition No. 1 of the MDNS (Exhibit 8) does require the applicant to "minimize" visual impacts as viewed from surrounding parcels in Oravetz Road and Lakeland Hills Way Southeast. As to "zoning continuity," Mr. Johnson argues that there is already sufficient high-density development in the surrounding area. The proximity of other high-density development is actually an argument in favor of the proposed rezone, since this ensures the further compatibility of adjoining use. Also, the Growth Management Act encourages high- density development within urban growth areas such as the City of Auburn. There are no other adverse impacts discernible from the record. The Examiner finds that the proposed rezone will not create any material or significant adverse impacts. CONCLUSIONS OF LAW Procedural: 1. Authoritv of Hearina Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map designation for the property is Moderate Density Residential. Page 14-6 of the City of Auburn Comprehensive Ptan provides that the R-3 zone implements this zoning designation. Substantive: 2. Zoning Designation. The property is zoned R-1, Single-Family Residential. 3. Review Criteria and Application. Chapter 18.68 ACC does not provide any specific review criteria for site specific rezones. However, Washington appellate courts have imposed some criteria themselves, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). Ordinance No. 6241 May 12, 2009 Page 4 of 7 However, no change in circumstances is necessary for rezones that implement a comprehensive plan. Id. at 112. In this case a change in circumstances is not necessary since the rezone does implement the comprehensive plan. As previously discussed, the current zoning designation for the property is inconsistent with the underlying comprehensive plan designation. The proposed rezone is consistent with the underlying comprehensive plan designation. Even if the changed circumstances criterion did apply, this project would satisfy it by the intense development that has occurred in the surrounding area. As noted in detail in the staff report, the proposed rezone also is consistent with and implements other Comprehensive Plan policies. The site is served by minor arterials, is in an area characterized by high-density development, and is located within an urban growth area. All of these factors support the rezone to a higher density. Further, the City must altow a rezone to either the proposed R-3 district or the R-MHP (Residential Manufactured Home Park District) in order to provide for consistency between the Comprehensive Plan land use map and the zoning map as required by the Growth Management Act (°GMA"), Chapter 36.70A RCW. The project bears a substantial relationship to the public health, safety and welfare. It promotes high density infill development within urban growth areas as encouraged by the GMA. It serves as a transition area to institutional and high-density uses. The density is also compatible with those of the adjoining single family and other uses. 4. Decision. The Hearing Examiner recommends approval of REZ07-0034, subject to the following condition: Based on the comments received during the public comment period and other information submitted with this rezone request, a Final SEPA Mitigated Determination of Non-Significance (MDNS) was issued by the responsible SEPA Official on January 14, 2009. The MDNS included three conditions of approval to mitigate potential impacts of the proposed rezone request. Compliance with these conditions is required for this rezone to be approved. Section 3. 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 the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6241 May 12, 2009 Page 5 of 7 Section 4. 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 Audit,or. Section 5. Implementation. The Mayor is hereby authorized to implement . such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. 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. MaY 18 2009 INTRODUCED: PASSED: MAY 18 2009 vED: MAY ~ ~ PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VE S TO FOR banfel B. eid ~ City Attorney PUBLISHED: ,;2 .1-GO ! Ordinance No. 6241 May 12, 2009 Page 6 of 7 EXHIBIT A King County Tax Parcel No. 3121059064 Legal Description POR OF GL 3 IN SEC 31-21-5 LY BETWEEN LAKELAND HILLS WY N& ORAVETZ RD AS PER REC # 9302161342 & 9805281842 Ordinance No. 6241 May 12, 2009 Page 7 of 7