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Home My WebLink About6453 ORDINANCE NO. 6 4 5 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF HCA MANAGEMENT LLC FOR REZONING OF THE NORTHERN 5 95 ACRES OF A PARCEL FROM P1, PUBLIC USE TO RMHC, RESIDENTIAL MOBILE HOME COMMUNITY TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City, and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No 4788, and WHEREAS, Dean Moser of HCA Management, dba The River, dba River Mobile Estates, a California General Partnership, the Applicant, submitted a rezone application (File #REZ12-0001) for the River Estates Mobile Home Park, LLC rezone on June, 8 2012 for the northern 5 95 acres of the parcel identified by parcel number 0004000098, and WHEREAS, the Applicant intends to seek, contemporaneous with the requested rezone, to have the subject parcel segregated by the Boundary Line Adjustment provisions of the Auburn City Code (ACC) along the lines of the division of the zoning districts of the subject parcel, consistent with the legal descriptions thereof as set forth -------------------------- Ordinance No 6453 February 13, 2013 Page 1 in the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 23, 2013 conducted a public hearing on the proposed River Estates Mobile Home Park, LLC Rezone, and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration, and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed River Estates Mobile Home Park, LLC Rezone, and WHEREAS, on, February 19, 2013, the Auburn City Council considered the proposed River Estates Mobile Home Park, LLC Rezone, as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. The City Council ("Council") adopts and approves the River Estates Mobile Home Park, LLC Rezone, from P1, Public Use to RMHC, Residential Mobile Home Community and directs that the rezone application and all related documents be -------------------------- Ordinance No 6453 February 13, 2013 Page 2 filed along with this Ordinance with the Auburn City Clerk and be available for public inspection Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43 21 C 060 Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below- FINDINGS OF FACT Procedural: 1 Applicant The Applicant is HCA Management. 2 Hearinq The Hearing Examiner conducted a hearing on the application on January 23, 2013 at 5 30 p m at the City Council chambers at Auburn City Hall Substantive: 3 Site/Proposal Description The Applicant has requested a rezone of 5 95 acres of a 31 5-acre parcel from P-1, Public Use District, to R-MHC, Manufactured/Mobile Home Community Zone The rezone will serve to allow for the displacement of mobile homes within a mobile home park in order to accommodate a levee project for King County along the Green River The rezone is also necessary to make the zoning map designation consistent with the underlying "Moderate Density Residential" comprehensive plan land use map designation More specifically, the zoning map amendment (rezone) application seeks to change the zoning classification applicable to the northern 5 95-acres of a parcel (Parcel # 0004000098) located west of the Green River from "P1, Public Use" to "R-MHC, Manufactured/Mobile Home Community Zone" The subject property is located east of the 3400 block of I Street NE and directly south of the River Mobile Home Park which is addressed as 3611 1 Street NE (Parcel# 0621059002) -------------------------- Ordinance No 6453 February 13, 2013 Page 3 The portion of the parcel requested for change is undeveloped The balance of the parcel is undeveloped, except for the overhead electrical transmission lines on lattice towers (Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No 5) and storm drainage ponds and naturally occurring wetlands The City acquired the rezone area in 1995 for potential use for future municipal regional storm water management purposes The property was acquired by the stormwater utility division of the City Subsequent, changes in drainage standards and more specific storm drainage modeling by the City indicated that the entirety of the parcel was no longer needed An update to the City's Comprehensive Drainage Plan was processed as a Comprehensive Plan Amendment last year based on this storm drainage modeling of this drainage basin (CPA11-0003 — P/T#7) The City is in the process of recognizing a portion of the city-owned property as "surplus" and conducting the public hearing as required under RCW 35 94 040 The rezone is needed to accommodate a displacement of mobile homes and recreational vehicle parking spaces necessitated by the King County Reddington Levee setback and Extension Project. The King County Flood Control District is acquiring the east end of the mobile home park (and a row of mobile home spaces closest to the Green River) in order to relocate the levee further west and away from the River and allow additional flood capacity and river migration area The levee project will result in the displacement of 16 mobile home park spaces and the park's recreational vehicle parking area The Applicant hopes to move these displaced areas into the area subject to proposed rezone As noted previously, the proposed rezone area is currently owned by the City, but will be merged onto the Applicant's property by a lot line adjustment should the rezone be approved The Applicant is currently negotiating with the City for the acquisition of the City property 4 Characteristics of the Area The rezone area is located adjacent to and just south of the River Mobile Home Park Property to the south is owned by the City and is vacant, to the east is the Green River and to the west is multi-family residential development. Single-family residential use is located further south 5 Adverse Impacts There are no significant adverse impacts associated with the proposal As shown in the aerial photograph, the rezone area is completely surrounded by vacant property except for the mobile home park it adjoins to the north The rearrangement of the mobile home park boundaries should not be in the least bit noticeable to surrounding uses There are no critical areas on site and the City has determined in its environmental review that approval of the proposal will not result in any probable significant adverse environmental impacts Further, the proposal creates a public benefit by mitigating the impacts to home and property owners caused by the King County levee project and also promotes the retention of housing stock as well as helping to retain diversity in housing stock Since the rezone area will only -------------------------- Ordinance No 6453 February 13, 2013 Page 4 accommodate about the same number of mobile home spaces as those displaced, there should be no appreciable increase in noise or traffic impacts CONCLUSIONS OF LAW Procedural: 1 Authority of Hearing 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 Substantive: 2 Comprehensive Plan Land Use Map Designation The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Moderate Density Residential " 3 Case Law Review Criteria and Application The Auburn City Code does not include any criteria for rezone applications Washington appellate courts have imposed some rezone criteria, 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) If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required Id at 112 The proposed rezone from P1 to R-MHC clearly meets the judicial criteria for a rezone There is no question that the proposal is necessary to implement the comprehensive plan, as the comprehensive plan land use map designation for the property is currently Moderate Density Residential and the current P1 zoning is inconsistent with that designation In point of fact, the rezone is mandated by RCW 36 70A.120 and ACC 14 22 050, which requires the City's zoning regulations to be consistent with its comprehensive plan Although there are three zoning map designations consistent with the Moderate Density comprehensive plan map designation, the R-MHC is the most appropriate rezone for the area in question The R-MHC zoning designation allows for the southern extension of the River Mobile Home Park, which is clearly the most compatible Moderate Density Residential use for that area The other two zoning classifications that implement the Moderate Density Residential designation are the R-10 and R-16 Residential zoning districts -------------------------- Ordinance No 6453 February 13, 2013 Page 5 The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No 5 while at the same time mitigating the impacts of public works projects and preserving diversity in housing stock as determined in Finding of Fact No 5 HEARING EXAMINER'S RECOMMENDATION The Hearing Examiner recommends approval of REZ12-0001, subject to the condition that the rezone not go into effect until closing of the sale of the subject property from the City to the Applicant. Section 4. 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 Recorder Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof Section 6, The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 7. This Ordinance shall take effect and be in force five days from and after (1) its passage, approval, and publication as provided by law, and (2) on the effective date of the Boundary Line Adjustment separating the northern 5 95 acres of the subject Parcel from the remainder thereof, in accordance with the provisions of the Auburn City Code (ACC) and consistent with the division of the zoning districts of the subject parcel, as requested in rezone application (File #REZ12-0001) and as described -------------------------- Ordinance No 6453 February 13, 2013 Page 6 in the legal descriptions set forth on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, and (3) upon the closing of the sale of the said northern 5 95 acres from the City to the Applicant. INTRODUCED G -ao\3 PASSED - q -ao\3 APPROVED - C� ' Peter B Le is MAYOR ATTEST Danielle E Daskam, City Clerk APPROVED AS TO FORM I w Daniel B Hei , City Attorney Published -------------------------- Ordinance No 6453 February 13, 2013 Page 7 Exhibit "A" - Property Legal Descriptions Legal Description for entire 31 5-acre Parcel Number 0004000098 Lot D of City of Auburn Short Plat No 20-80, as recorded under Survey Number 8101079005, and corrected by affidavit under Recording Number 8104280802, being a portion of the Harvey H Jones Donation Land Claim located in Section 6, Township 21 North, Range 5 East, W M , in King County, Washington, TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under Recording Number 8402020439 and clarified by instrument recorded under Recording Number 9007311728 Legal Description for northern 5 95 acres of Parcel Number 0004000098 A portion of the northeast quarter of Section 6, Township 21 North, Range 5 East, W M , in King County, Washington, being more particularly described as follows Commencing at the northwest corner of said Section 6, Thence S 88 053'01" E along the north line of said Section 6, a distance of 2245 36 feet to the west line of George E King Donation Land Claim #40, Thence S 00 031'08" W along said west line 937 42 feet to the northwest corner of River View Estates — Mobile Home Park as recorded in Record of Survey in Volume 11 of Surveys, Page 253 under recording number 197801319003, Thence continuing S 00 031'08" W 727 13 feet; Thence S 89023'12" E 250 00 feet; Thence S 00 031'08" W 200 00 feet to the south line of Government Lots 15, 14, and 8, Thence east along south line of said Government Lot, S 89 023'12" E 655 75 feet to the True Point of Beginning, Thence S 00 019'20" W 118 04 feet; Thence S 66043'16" E 18 11 feet; Thence S 89 023'12" E 171 68 feet, Thence S 30 006'10" E 144 39 feet; Thence S 57 003'19" E 18 21 feet; Thence S 89023'12" E 407 23 feet; Thence N 25 026'59" E 75 89 feet; Thence S 89023'12" E 535 52 feet, -------------------------- Ordinance No 6453 February 13, 2013 Page 8