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HomeMy WebLinkAbout5938 ....- .~ 11111111111111111 II II 20051212002501 PACIFIC NW TIT ORD 44.00 PAGE001 OF 013 1Z/lZ/Z005 15:48 KING COUNTY, WA Return Address: Auburn City Clerk City of Auburn 25 West Main 8t. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance 5938) t>>>J;j\ - Wd-."'~O - \6. Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document (@ I V\- Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Cornerstone Homes and Development Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 through 9 in Block 4 and Lots 1, 2, and 3 Block 13 of Jovita Heights [8J Additional legal is on page 10 of document. Assessor's Property Tax Parcel/Account Number 375160-0095,375160-0097,375160-0099, 375160-0101, 375160-0103, 375160-0105, 375160- 0107,375160-0109,375160-0111,375160-0283, 375160-0285, 375160-0287, 375160-0293, 375160-0295,375160-0297,375160-0299, 375160-0301, 375160-0303, 375160-0305, 375160- 0307,375160-0309,375160-0313,375160-0317, 375160-0315, 375160-0319, 375160-0713, 375160-0715,375160-0717,375160-0719, 375160-0721, 375160-0723, 375160-0725, 375160- 0289, 375160-0291, 375160-0311, o Assessor Tax # not yet assigned S8id document(s) were ffIed tor r8QOrd by Pacific Northwest TItle 88 lIOOommodatlon only. It has not bMn examined as to proper 8Xeootion or as to '" l!Iffeot apen fjtl~. ORDINANCE NO.5 9 3 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST TO REZONE APPROXIMATELY THIRTY-FIVE ACRES FROM SINGLE FAMILY RESIDENTIAL (RS) TO SINGLE FAMILY RESIDENTIAL (R2) WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. REZ04-0005, dated July 22, 2005, has been submitted to the City of Auburn, Washington by Cornerstone Homes 'and Development, requesting approval of rezone request for approximately thirty-five acres from Single Family-Residential (RS) to Single-Family Residential (R2) in Auburn, Washington. WHEREAS, said request above referred 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 July 19, 2005, of which the Hearing Examiner recommended approval of the rezone on August 2, 2005; and WHEREAS, the City Council, on August 15, 2005, considered said request and affirmed the Hearing Examiner's recommendation for preliminary rezone based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 5938 August 10,2005 Page 1 of 8 ... FINDINGS OF FACT 1. The Applicant requests a rezone of approximately thirty-five acres from Single-Family Residential (RS) to Single-Family Residential \R2). The site is made up of several contiguous parcels located east of 56 h Avenue South, between Iowa Drive and South 336th Street in Auburn, Washington. * Exhibit 1, pages 1-2; Exhibits 2 & 3. 2. The rezone is requested in conjunction with an application for preliminary plat approval to subdivide the subject property into 107 single-family residential lots consistent with R2 development standards (City file no. PL T04-0007). The rezone would lower the minimum required lot size. Exhibit 1, page 2; Testimony of Mr. Osaki. 3. The eastern portion of the subject property contains forested steep slopes. The site has not been developed previously due to the difficulties associated with provision of utilities. In February 2005, the City approved a service area agreement with the Lakehaven Utility District by adopting Resolution No. 3824. The service area agreement makes it possible for sewer service to be extended to the subject property. Exhibit 1, page 3; Exhibit 3, Application, page 4. 4. The exact zoning history of the site is not known. The City apparently annexed the subject property in 1971 without a zoning designation. It would have been treated as an "Unclassified Use District," which was a default zoning designation assigned to new areas annexed to the City without zoning to prevent the uncontrolled intrusion of uses inconsistent with the City's Comprehensive Plan. City records indicate that the subject property has been zoned RS since at least 1987. Exhibit 10, Memorandum from Planning and Community Development Department, dated July 20, 2005. 5. The purpose of the existing RS zoning designation of the site is to provide areas for estate-type residential development on large lots. The minimum lot size allowed in the RS district is 35,000 square feet. Auburn City Code (ACC) 18.10.010, .020, and .040. Under the existing zoning designation, the subject property could be developed with approximately twenty-three residential lots. Exhibit 3, Application, page 10. 6. The purpose of the desired R2 zoning district is to create a living environment of optimum standards for single-family dwellings, in part, through limiting development to relatively low densities. The R2 district requires a minimum lot size of 6,000 square feet. ACC 18.14.010. Under the proposed R2 'Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and ConClusions, which exhibits are incorporated herein. Ordinance No. 5938 August 10, 2005 Page 2 of 8 zoning designation, the site could be developed with 107 residential lots at a density of 3.25 to five units per acre. Exhibit 3, Application, pages 10-11. 7. Properties east of the site are within the City of Auburn and have Comprehensive Plan land use designations of "Open Space" and "Heavy Commercial." Along the West Valley Highway east of the site, properties have a Heavy Commercial (C3) zoning designation and are developed with commercial uses. Properties north and south of the site have an "Urban Residential Low" King County Comprehensive Plan Land Use designation and are zoned low density residential (King County, R1). West of the site, properties have an "Urban Residential Medium" King County Comprehensive Plan Land Use designation and a King County medium density urban residential zoning designation (R4). Some parcels to the west are developed with scattered single- family residential development. Residential lot sizes in the King County area to the south range from 9,000 to 15,000 square feet. North and west of the site, residential lots range from 16,000 to 22,000 square feet. Exhibit 9, Aerial photo; Exhibit 1, pages 2-3; Exhibit 3, Application, see page 7. 8. The forested steep slopes to be retained along the eastern site boundary would buffer the proposed 6,000 to 12,000 square foot residential lots from commercial development along the West Valley Highway to the east. Exhibit 3, Application. 9. The City of Auburn Comprehensive Plan land use designation of the subject property is "Single Family Residential." The purpose of the Single Family Residential designation is to designate and protect areas for predominantly single-family dwellings. Exhibit 1, page 3. Several goals and policies of the Auburn Comprehensive Plan are particularly applicable to the requested rezone. Housing Goal 7, Residential Development, encourages the development of new singe-family detached housing as a priority in maintaining the community character of the City. Goal 18, Environmental and Natural Resources, promotes the preservation of the City's unique, sensitive, and productive natural resources. Policy LU-14 encourages densities between four and six units per acre in the majority of the single-family residentially zoned areas within the City. Exhibit 3, Application; City of Auburn Comprehensive Plan, pages 4-10, 10. The smaller lot sizes allowed by the requested R2 zoning designation would be consistent with the City's overall housing development strategy, as established in Chapter 4, the Housing Element of the City's Comprehensive Plan. Auburn currently has a small proportion of middle to higher income households. Development during the past twenty years has primarily addressed the needs of low to moderate income groups through proliferation of multi-family and first-time- buyer housing. The City's Comprehensive Plan seeks to integrate the community through diversifying available housing stock to achieve a more even Ordinance No. 5938 August 10,2005 Page 3 of 8 distribution and diversity of social-economic groups. Auburn Comprehensive Plan, Land Use Goal 38, page 3-20; Exhibit 1, page 4. 11. The City's population is forecasted to nearly double by the year 2020 to reach approximately 85,000. Exhibit 3, Application, citing the Auburn Planning & Community Development's July 14, 2004 study, City of Auburn's 2020 Population Estimate. 12. In recommending approval of the rezone, City Planning & Community Development staff submitted that the proposed rezone would be consistent with a decision issued by the Central Puget Sound Growth Management Hearings Board in 1995 establishing four units per acre as the minimum appropriate residential density for urban areas. Exhibit 1, page 3, citing Bremerton et al. v. Kitsap County, CPSGMHB No. 95-3-0039c, Final Decision and Order, October 6, 1995. 13. The City of Auburn acted as lead agency for review of environmental impacts caused by the proposed rezone and preliminary plat. The City issued a combined Mitigated Determination of Non-Significance (DNS) for both proposals on June 7, 2005. It was not appealed. Exhibit 1, page 3; Testimony of Mr. Osaki. 14. Notice of the rezone application was provided to the Washington State Department of Community, Trade and Economic Development and other state agencies on November 24, 2004. No comments have been received from any state agency. Exhibit 1, page 3. 15. Notice of the open record hearing was mailed to properties within 300 feet of the site, posted on the subject property, and published in King County Journal on July 7, 2005. Exhibits 6, 7, and 8. There was no public comment on the rezone application. Testimony of Mr. Osaki. 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 Ordinance No. 5938 August 10, 2005 Page 4 of 8 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 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 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 never be fulfilled: if an area is presently undeveloped and newly amended comprehensive plan calls for industrial development, no industrial development may occur until alleast 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 FindinQs 1. The proposed rezone would be consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject Ordinance No. 5938 August 10, 2005 Page 5 of 8 property is Single Family Residential. The requested R2 zoning would implement this designation. The higher densities permitted in the R2 district would be consistent with the City's overall housing strategy of meeting the needs of the forecasted population growth. Findings Nos. 6, 7, 9, 10, and 11. 2. The City of Auburn did not initiate the proposed rezone. Finding No. 1. 3. No modification of the proposed rezone is required. The requested R2 zoning would be compatible with the residential zoning of surrounding properties to the north, south, and west and the Comprehensive Plan. Significant steep slopes along the eastern boundary of the rezone area would buffer any future residential development from existing commercial development east of the site along the West Valley Highway. Findings Nos. 6, 7, and 8. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. The subject property can be provided with public utilities pursuant to the service area agreement with the Lakehaven Utility District. The proposed rezone would allow future residential development consistent with existing land uses in the vicinity and with the land use designation for the site. The contemplated middle and higher income housing would be consistent with the Comprehensive Plan goals and policies. Findings Nos. 3, 7, 10, and 11. DECISION Based upon the preceding Findings and Conclusions, the Hearing's Examiner recommends that the request to rezone approximately thirty-five acres located east of 56th Avenue South, between Iowa Drive and South 336th Street in Auburn, Washington from Single-Family Residential (RS) to Single-Family Residential (R2) be APPROVED. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the rezone request is hereby approved to rezone approximately thirty-five acres located east of 56th Avenue South, between Iowa Drive and South 336th Street in Ordinance No. 5938 August 10, 2005 Page 6 of 8 Auburn, Washington from Single-Family Residential (RS) to Single-Family Residential (R2), and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. 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. 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. Ordinance No. 5938 August 10,2005 Page 7 of 8 INTRODUCED: SEP 6 lOGS PASSED: SEP 6 - 2005 APPROVED: SEP 6 - 2005 ~;? ~, Peter B. Lewis MAYOR ATTEST: &S:U~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~.;Lb 9--/1)/&75 Ordinance No. 5938 August 10, 2005 Page 8 of 8 \ ) Exhibit "A" Ordinance No. 5938 LEGAL DESCRIPTION OF PROPERTY Lots 1 through 9 in Block 4 and Lots l~ 2, and 3 of Block 13 of Jovita Heights, according to plat recorded in Volume 20 of Plats at page 12, in King County, Washingtori; Together with that portion of the f6rmer Seattle-Tacoma pole line easement lying within the Northwest quarter of Section 23, Township 21 North, ,Range 4 E,ast, W.M., in :King County, Washington, lying Southeaste~ly 6f Block'4 and Northw~sterly of Block 13 of said additio~ and between the Easterly and Westerly boundaries of aid Blocks. and Lots 6 through 12 in Block 13; EXcept the East 250 feet thereof, and all of Lots 13, 14, 16, 17,18, and 19in Block 13 of Jovita Heights, a.ccording to plat recorded in Volume 20 of Plats at Page 12, in King County, Washington. ( \ Exhibit "A" Ordinance No. 5938 LEGAL DESCRIPTION OF PROPERTY Parcel A: Lot 4, City of Auburn Lot Line Adjustment Number LLA-OI-0007 (Revised), reoorded under recording no. 20011106001193. in King County" . Washington. Parcel B: Lot 4A, City of Auburn Lot Line Adjustment Number LLA-OI-0007 (Revised)~ rec~rded under recording no. 20011106001193, in King County, Washington. Parcel C: Lots 5, 6, 7, 8, and 9, Block 25, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. (\ Exhibit "A" Ordinance No. 5938 LEGAL DESCRIPTION OF PROPERTY Lot 4, Block 13 of Jovita Heights Addition, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. PARCEL B; Lot 5, Block 13 of Jovita Heights Addition, according to the plat thereof recorded in Volume 20 of Plats, page 12, in King County, Washington. Exhibit "A" Ordinance No, 5938 LEGAl DESCRIPTION OF PROPERTY Lot 15, Block 13, Jovita Heights, according to the plat thereof in Volume 20 of Plats, page 12, in King County, Washington.