HomeMy WebLinkAbout43641
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ORDINANCE NO. 4 3 6 4
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, DENYING THE
REQUEST OF SIMON DEVELOPMENT COMPANY, INC. TO REZONE PROPERTY
ZONED R-MHP TO R-4 AND COMPREHENSIVE PLAN MAP AMENDMENT FROM
MODERATE TO HIGH DENSITY RESIDENTIAL ON PROPERTY LOCATED ON
THE NORTHEASTERLY SIDE OF AUBURN WAY SOUTH IN THE 3900 BLOCK,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. REZ0004-89 has been submitted to
the Council of the City of Auburn, Washington, by SIMON
DEVELOPMENT COMPANY, INC., requesting the rezoning of the real
property hereinafter located on the northeasterly side of
Auburn Way South in the 3900 block, which application was
dated May 15, 1989; and
WHEREAS, said request above was referred to the Planning
Commission by the Auburn City Council for study and public
hearing thereon; and
WHEREAS, the Planning Commission, based upon staff
review, held a public hearing to consider said petition in the
Council Chambers of the Auburn City Hall, on July 10, 1989, at
7:00 p.m., at the conclusion of which the Planning Commission
recommended denial of the rezoning of said property based upon
the specific Findings of Fact and Conclusions of Law of the
Planning Commission contained in the record; and
WHEREAS, the City Council of the City of Auburn conducted
a public hearing on this matter in the Council Chambers of the
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Ordinance No. 4364
August 16, 1989
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Auburn City Hall at 7:30 p.m. on August 7, 1989 and considered
the testimony, evidence and exhibits presented by both the
applicant and City staff; and
WHEREAS, based on due consideration of the information
and testimony received and the files and records herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:.
Section 1. Based on the files and records herein, and
the testimony and evidence received at the public hearing, the
City Council hereby makes the following:
FINDINGS OF FACT
1. The proponent is requesting a rezone from R-MHP (Mobile
Home Park) to R-4 (Multi -Family) together with a
Comprehensive Plan Map Amendment from moderate to high
density residential.
2. The proposed rezone is approximately 6 acres in size and
is part of a larger parcel that is currently zoned R-4.
The total project is 11.99± acres in size and if zoned R-
4 could result in a total of 217± units. The proponents
have also submitted a site plan illustrating a 200 unit
project.
3. The Comprehensive Plan map designates the rezone area as
moderate density residential and high density
residential. The triangular parcel is all moderate
density while the east one-third of the rectangular piece
is moderate density and the west two-thirds is high
density residential.
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Ordinance No. 4364
August 16, 1989
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4. The Comprehensive Plan intends for moderate density
residential designated parcels to be zoned either for
duplexes or mobile home parks.
Therefore the existing zoning of R-MHP fully and
correctly implements the Comprehensive Plan.
5. Since the proponent is requesting the R-4 zone, a
Comprehensive Plan Map amendment to the high density
residential designation is also required.
When a Comprehensive Plan amendment is required, then the
Planning Commission conducts a hearing on the rezone and
amendment and makes a recommendation to the City Council.
6. The R-MHP zoning on the parcels was established in 1987
through the City's area wide zoning process.
The triangular piece of the proposed rezone area was
previously zoned Unclassified while the rectangular
parcel was zoned R-5, which was a prior mobile home park
zone.
7. The total acreage of the project, including that portion
Already zoned R-4, is 11.99± acres. Approximately 4
acres are on steep slopes and are virtually
undevelopable.
The proponent is however using the area of the steep
slopes as part of the calculations to determine the total
number of units on the site.
If the proponent were to use just the developable area to
calculate the number of units, the result would be a
total of 145± units.
8. The area that is being proposed to be rezoned is 6±
acres. Three of the acres are on steep slopes and
virtually undevelopable.
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Ordinance No. 4364
August 16, 1989
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Using the entire 6 acres to
results in 108 units, while
results in 54 units.
calculate the number of units
using the 3 developable acres
9. The area surrounding the rezone has not seen a change in
either land use, street or utility improvements since the
Comprehensive Plan was adopted in 1986 and the area zoned
in 1987.
10. As stated above, the moderate density residential
designation would also be appropriate for an R-3 zone.
The R-3 zone may also allow for multi -family structures
subject to the R-3 density standards, a maximum of 4
units per structure and a conditional use permit is
secured.
11. A proposed and final environmental determination has been
withheld, pending the Planning Commission or City
Council's action on the staff recommendation for denial
of the proposed rezone and Plan Map amendment. Pursuant
to Section 16.06.120(4) of the Environmental Review
Procedures Ordinance (ERP), if it is determined that a
proposed action cannot comply with adopted plans,
policies, rules or regulations, and where the City has
authority other than SEPA to deny the proposal, the
project can be denied outright without completing the
SEPA process.
Pursuant to Section 16.06.120(4)(ERP), if the proposal is
subsequently modified, amended, or deemed to be
consistent with adopted plans, policies, rules or
regulations, final action on the proposal cannot occur
until the action is in full compliance with SEPA.
Because the Planning Commission or City Council's action
on the rezone may change the proposal, no further action
will be taken on the SEPA process at this time. If the
Planning Commission or Council decides to approve or
modify the rezone and Plan Map amendment, final action on
the proposal will be tabled until the SEPA process can be
completed.
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Ordinance No. 4364
August 16, 1989
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12. Applicable Comprehensive Plan findings:
Objective 19.4. To provide for the need for multiple
family dwellings by people within the local area, while
avoiding conflict with single family residential areas.
Policies:
19.4.1. •Multiple family dwellings shall not be permitted
as a matter of right in Designated Single Family
Neighborhoods, but should be permitted only where
necessary to remove potential blight, to buffer single
family uses from incompatible uses or activities, or to
allow effective use of vacant areas. Standards for such
siting should provide for design review to ensure
compatibility and provide that the density of development
is consistent with the density of the adjoining single
family uses.
19.4.2. Siting of moderate density units shall be
encouraged as a buffer between single family areas and
more intense uses. Such buffering is appropriate along
arterials where existing platting prevents effective lot
layout for single family units. Also, such buffering is
appropriate between single family areas and commercial
and industrial uses. Where there are established single
family areas the design and siting of these units shall
be controlled to reduce potential conflicts and to ensure
buffering of uses. Higher density units are not to be
considered such a buffer.
19.4.3. Higher density developments or larger scale
multiple family developments should be limited to
residential areas which are either not well suited for
single family uses or areas in which such development can
be developed as a unit with the necessary supporting
facilities. Such development shall provide adequate
access by developed arterials with minimal potential to
generate traffic through designated single family areas.
Extensive buffering measures may be required where such
areas adjoining single family residential areas. Where
feasible, new multiple family development should be
planned in conjunction with single family and moderate
density development.
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Ordinance No. 4364
August 16, 1989
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19.4.4. In considering where future higher density
development should locate, priority shall be given to
designated Special Planning Areas where such use can be
balanced and planned with single family areas.
19.4.5. Unless required for other purposes, the need for
new higher density developments shall be based on local
need for such units and should not substantially exceed a
fair regional share of such housing.
19.4.6 Multiple -family developments should be located
functionally convenient to the necessary supporting
facilities including utilities, arterials, parks, transit
service, etc.
Objective 19.5. To continue to allow mobile homes as an
affordable form of home ownership, provided that such
developments are carried out in a manner which supports
rather than detracts from the quality of the community
and adjacent uses.
Policies:
19.5.1. .Mobile home parks shall be considered a form of
high density residential development and shall be subject
to the same policies as those relating to high density
multiple family development. In addition, any mobile
home park shall be bordered or contained by physical
features, or shall be planned and designed as part of a
larger development incorporating other housing types in a
manner which limits further mobile home park expansion
into adjacent areas.
19.5.2. Modular homes may be permitted on single family
lots provided that they are sited and constructed in a
manner which would blend with adjacent homes.
Moderate Density (Page 61):
Purpose: To provide a transition between single family
residential areas and other more intensive designations,
as well as other activities which reduce the suitability
of potential residential areas for single family uses
(such as high traffic volumes). In so doing this
designation will offer opportunities for housing types
which balance residential amenities with the need to
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Ordinance No. 4364
August 16, 1989
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provide economical housing choice, in a manner consistent
with conserving the family character of adjacent single
family areas.
Description: Moderate density residential areas are
planned to accommodate moderate densities of varying
residential dwelling types. Appropriate densities in
these areas shall range from 6 to 10 units per acre.
Dwelling types would generally range from single family
units to four-plex units, with larger structures allowed
(at the same overall density) where offsetting community
benefits can be identified. Structures designed to be
occupied by owner -managers shall be encouraged within
this designation.
Compatible Uses: Public and quasi -public uses that have
land use impacts similar to moderate to high density
residential uses are appropriate within this category.
Also, uses which require access to traffic (such as
schools and churches) are appropriate for these areas.
Carefully developed low intensity office, or
residentially related commercial uses (such as day care
centers) can be compatible if developed properly. This
designation can include mobile home parks.
Criteria for Designation: Areas particularly appropriate
for such designation are:
1. Areas between single family residential uses and all
other uses.
2. Areas adjacent to, or close to major arterials
designated in the circulation element.
3. Existing mobile home parks.
4. Areas sandwiched between higher intensity uses, but
not directly served by an arterial.
5. Urban in -fill areas not appropriate for single
family uses but also not capable of supporting higher
density uses.
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Ordinance No. 4364
August 16, 1989
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Considerations Against Applying this Designation: Areas
to generally be avoided by moderate density residential
designations include:
1. Areas surrounded by lower density uses.
2. Areas more appropriate for commercial or higher
density uses due to traffic or extensively developed
public facilities.
3. Areas within the Region Serving Area designated by
this Plan (except as otherwise provided by the Plan).
4. Any areas not planned to be served by water and
sewer systems.
Appropriate Implementation: An implementing zone would
allow single family dwellings and duplexes as permitted
uses. Multiple family structures of up to four units
would be permitted ad conditional uses. Other compatible
uses, including low intensity office uses, could be
allowed only on a conditional basis.
High Density (Page 62):
Purpose: To provide an opportunity for the location of
the most economical forms of housing in areas
appropriately situated for such uses under the policies
of this Plan.
Description: This category shall be applied to those
areas which are either now developed or are reserved for
multiple family dwellings. Densities may range from 10
to 20 units per acre. Dwelling types may range from
single family units to apartment complexes, and would
include mobile home parks. Adequate recreation areas
shall be provided by the developer for any development
involving more than 10 units. Higher density
developments and special development standards may be
authorized for senior housing projects.
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Ordinance No. 4364
August 16, 1989
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Compatible Uses: Compatible uses are similar to those
identified under the other residential categories, except
higher intensities of use may be appropriate. Public
uses and open spaces which tend to visually relieve the
high density character of these areas and should be
encouraged. This category can include mobile home parks.
Criteria for Designation: In addition to areas already
developed to this density, this designation should be
applied only to areas which have or may be most
efficiently served with high capacity and quality of
public services and facilities. Of particular concern is
the provision of adequate traffic circulation, and this
category shall only be applied to areas with developed
arterial access. Other siting concerns may include
access to commercial services and open space amenities.
This category may also be applied to areas which are
threatened with deterioration and multiple family
dwellings offer the potential for rehabilitation.
Finally, areas uniquely suited for public housing or for
mobile home parks may also be designated by this category
of use.
Considerations Against Applying This Designation: Areas
not appropriate for this zone include areas surrounded,
without physical separation, by lower intensity uses.
Appropriate Implementation: This category should be
implemented by a zone similar to the existing R-4 zone
(and through mobile home park zoning). In no case should
these uses be authorized for construction until all
appropriate public facilities are available to full
standard. The present R-M zone should be abolished and
treated as a conditional use for housing designed and
restricted to senior citizens.
Based on the foregoing Findings of Fact, the Auburn
City Council hereby makes the following:
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Ordinance No. 4364
August 16, 1989
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CONCLUSIONS OF LAW
Based on the above Findings, it is the City Council's
conclusion that a Comprehensive Plan Map Amendment and rezone
are not appropriate due to the following:
1. The Comprehensive Plan designation of the rezone
area is moderate density residential and the existing zoning
of R-MHP correctly and fully implements the Comprehensive Plan
Map.
2. There has not been a change in circumstances in the
area, since the establishment of the moderate density
designation and R-MHP zone, that would indicate that the
designation and zone are not appropriate for the area.
3. Using the steep slope areas for calculating the
number of allowable units results in a clustering of units on
a smaller parcel than what is typically found in other R-4
zoned areas.
Section 2. Based upon the foregoing Findings of Fact and
Conclusions,the request of SIMON DEVELOPMENT COMPANY, INC.,
requesting the rezoning of property zoned R-MHP (Mobile Home
Park) to R-4 (Multi -Family) and Comprehensive Plan Map
Amendment from Moderate to High Density Residential land use
classification in the vicinity of the northeasterly side of
Auburn Way South in the 3900 block consisting of approximately
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Ordinance No. 4364
August 16, 1989
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six (6) acres, within the City of Auburn, Washington, is
herewith denied.
Section 3. The City Clerk for the City of Auburn, is
hereby authorized and directed to file a certified copy of
this Ordinance with the King County Assessor.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4364
August 16, 1989
Page 11
INTRODUCED: '0?
PASSED:
APPROVED:—?- ,2/ 5 /
M A Y O R
1
2 ATTEST:
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5 Robin Wohlhueter, City Clerk
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7 APPROVED AS TO FORM:
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Marguerite Schellentrager, City Attorney
PUBLISHED: ? 6 -I- /
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Ordinance No. 4364
August 16, 1989
Page 12
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4364 of the
ordinances,of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4364 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, .on the the 21ST day of AUGUST A.D., 1989.
I further certify that said Ordinance No. 4364 was
published as provided by..law.in the Valley Daily News, a
daily newspaper published in`°the City of Auburn, and of
general c rculation.therein, on the 27TH day of AUGUST,
A.D., 1989:
Witness my hand'and the -official seal of the City of
Auburn this September 12, 1989, A.D.
1-1
")ow4ut&U
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000