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HomeMy WebLinkAbout4411El tll co O O O Q` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY CLERK'S OFFICE 0 CITY OF AUBURN�IPO� ' 25 West Main l Auburn, WA 98001 ORDINANCE NO. 4 4 1 1 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING INTERIM ZONING OF R-1 (SINGLE FAMILY RESIDENTIAL) ON ALL PROPERTIES LOCATED WITHIN THE LAKEVIEW SPECIAL PLANNING AREA, AS DEFINED WITHIN THIS ORDINANCE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn adopted a Comprehensive Plan on August 18, 1986; and, WHEREAS, the Comprehensive Plan designates Lakeview as one of six Special Planning Areas within the City. The purpose of Special Planning Areas is to allow large areas, under a single or a coordinated management, to be developed as a planned unit; and, WHEREAS, a master plan is to be developed for each of the City's six Special Planning Areas and adopted as an element of the Comprehensive Plan; and, WHEREAS, in accordance with the Comprehensive Plan, the Lakeview Plan element should be adopted prior to any extension of permits for existing surface mining operations or development of new uses within the Lakeview Special Planning Area; and, WHEREAS, permits and non -conforming use rights for existing surface mining operations are due to expire in October, 1990 and April, 1991; and, nvy� c �E 90r'06/22 40842 RECCE R 14.00 ji 1 RECFEE 2.00 CASHSL a 16.00 ------------------- �6e L� 0� �n r5 Ordinance No. 4411 ' r May 11, 1990 Page 1 t, C\1 N N �D CD QIN 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the environmental impacts of changes in zoning in this area were considered in accordance with the procedures of the State Environmental Policy Act WAC 197-11-630, through adoption of the City of Auburn Comprehensive Plan: Staff Draft and Recommendations' environmental impact statement and no substantial changes will occur as the result of this interim zoning that would have significant adverse environmental impacts; and WHEREAS, this action has been referred to the Planning and Community Development Committee for study, at the conclusion of which the Committee recommended approval of this interim action; and, WHEREAS, for the purpose of effective comprehensive land use planning and regulation, the Auburn City Council makes the following findings of fact: FINDINGS OF FACT 1. The Auburn Comprehensive Plan designates the Lakeview Special Planning Area as being appropriate for residential development limited to four dwelling units per acre, with limited office commercial (or similar) uses. 2. Approximately 25 acres of the 235 acre Lakeview Special Planning Area is zoned M-2 (Heavy Industrial District). The balance of the Planning Area is zoned R-1 (Single Family Residential District). ------------------- Ordinance No. 4411 May 11, 1990 Page 2 1 2 3 4 5 6 7 8 (�V 9 CD 10 nl 11 �0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. The Lakeview Special Planning Area exists within a context of changing land use plans, as described by the Comprehensive Plan. 4. The City is authorized to use interim zoning when the planning agency intends to conduct a study and hold public hearings on proposed changes to the zoning map. The interim zoning must be for a reasonable period of time and it must be for the protection of the public safety, health, and general welfare, to avoid adverse impacts from uses inconsistent with the Comprehensive Plan. 5. The Special Planning Area includes a ten acre lake known as White Lake, a significant natural resource and environmentally sensitive area. 6. The existing M-2 District is located in the Community Serving portion of the City, and is inconsistent with the policy intent of the Comprehensive Plan regarding the location of industrial uses. 7. The existing M-2 District was established as an interim zone to allow existing surface mining activities. The Comprehensive Plan states that existing heavy industrial uses which support the surface mining activities will no longer be appropriate when the surface mining activities end. 8. The Special Planning Area includes two separate mining operations. The easterly operation is currently authorized under an approved surface mining permit. A portion of the westerly operation is continuing mining activities under special nonconforming use rights. The permitted operations were approved in April 1981, and are due to expire in April 1991. The nonconforming use rights for the western portion of the site will expire in October, 1990, at which time the operation may be re- authorized under the provisions of the Auburn Zoning Ordinance, or the operation must be abandoned and the site reclaimed. 9. The Comprehensive Plan states that the Lakeview Plan element should be adopted prior to any renewal or ------------------- Ordinance No. 4411 May 11, 1990 Page 3 2 3 4 5 6 7 8 C'\1 9 co 10 CD CC\J 11 CD 12 CD ON 13 14 15 16 17 18 19 20 21 22 23 24 25 26 extension of permits for the existing surface mining operations. 10. The existing M-2 District is abutted by land which is designated as residential by the Comprehensive Plan, and residentially zoned. Continuation or further expansion of heavy industrial uses are inconsistent with the long term land use patterns established by the Comprehensive Plan, and incompatible with the existing residential uses subject to the Lakeview Planning Area. 11. The City of Auburn Planning Department has an adopted 1990 work program to prepare a plan and accompanying zoning for the Lakeview Special Planning Area. 12. Following adoption of this interim zoning ordinance, the City will begin preparing appropriate planning and environmental review studies to evaluate land use alternatives for the Lakeview Special Planning Area, as directed by the Comprehensive Plan. A public process has been developed for preparation and adoption of the plan and environmental review. 13. This interim ordinance is warranted as a temporary measure to safeguard the public welfare pending adoption of the Lakeview Special Planning Area plan element. It is also a safeguard against the development of uses which are inconsistent with the Auburn Comprehensive Plan. 14. The process for completing the Special Planning Area plan element will include: conducting a public process to receive community and property owner .input; preparation of proper environmental review documents evaluating alternative land uses consistent with the Comprehensive Plan; development of policies directing the long term growth and development of the area consistent with the Comprehensive Plan; and, implementation of Area Zoning designating properties with zoning categories consistent with the Comprehensive Plan and Lakeview plan element. 15. The length of time necessary to prepare the proper environmental review statement and plan element for the Lakeview Special Planning Area would allow opportunity for further expansion of heavy industrial uses within the existing M-2 District. This expansion would create Ordinance No. 4411 May 11, 1990 Page 4 CV IRZI- co O CV CD CV CD GN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 adverse impacts which are inconsistent with the Comprehensive Plan. For each of the above reasons, the interim zoning ordinance establishing R-1 (Single Family Residential District) upon all lands located within the Lakeview Special Planning Area, as defined by the Auburn Comprehensive Plan and by this Ordinance, is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Findings of Fact above are incorporated in this Ordinance and are the basis upon which this interim zoning is approved. Section 2. All properties lying within the Lakeview Special Planning Area, as identified on the attached map Exhibit A and described in the attached Exhibit B (legal description), shall conform to the provisions of the R-1 --(Single Family Residential District) pursuant to all codes, policies and ordinances of the City. Section 3. This Ordinance shall not affect the construction of single family residences on pre-existing lots in accordance with all codes, policies and ordinances of the City. ------------------- Ordinance No. 4411 May 11, 1990 Page 5 1 2 3 4 5 6 7 8 9 N 10 O 11 N N 12 C7 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 4. This Ordinance shall remain in effect for twenty-four (24) months or until adoption of the Lakeview Special Planning Area plan element and implementing ordinances, whichever is earlier. The process for completing the Special Planning Area plan element will include: conducting a public process to receive community and property owner input; preparation of proper environmental review documents evaluating alternative land uses consistent with the Comprehensive Plan; development of policies directing the long term growth and development of the area consistent with the Comprehensive Plan; and, implementation of Area Zoning designating properties with zoning categories consistent with the Comprehensive Plan and Lakeview plan element. The Auburn City Council may extend the interim zoning if necessary to accomplish the purposes of this Ordinance. Section 5. The Auburn City Council finds that this ordinance is necessary to protect the public safety, health, and general welfare. Section 6. 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. ------------------- Ordinance No. 4411 May 11, 1990 Page 6 1 2 3 4 5 6 7 8 9 N 10 Q N 11 CD 12 C) CPS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 7. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 8. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Section 9. Severability. If any section, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being expressly declared that this Ordinance and each section, clause or phrase hereof would have been prepared, adopted and approved irrespective of the fact that any one or more section, clause or phrase be declared invalid or unconstitutional. ------------------- Ordinance No. 4411 May 11, 1990 Page 7 INTRODUCED • 5-0? 9d PASSED: 5/" %C/ APPROVED • J A/ / d M Y O R 1 2 ATTEST: 3 4 5 a)mz&j Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM: CV 9 e1' co CD 1 NMarguerite Schel entrager, City Attorney CD11 12 Q 13 14 PUBLISHED: a,3 - �? 15 16 17 18 19 20 21 22 23 24 25 ------------------- 26 Ordinance No. 4411 May 11, 1990 Page 8 Jim P. ONE VII- co 0 CV CV IH111111���1� 0 ININNNIUMMININ 101111111s, Ilium I gill t m_,Mm_ 20 2� Y2 Y! \ \ ST4lE �wr 'dot qy a tir.. \ het `*/O II Z z MIM LEGAL DESCRIPTION THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. LESS THE NORTH 866.25 FEET, MORE OR LESS, OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOGETHER WITH: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M.; THENCE SOUTH 89-38-35 WEST ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 19, A DISTANCE OF 97.20 FEET; THENCE NORTH 32- 38-14 WEST TO THE NORTH BOUNDARY OF THE SOUTH 400.59 FEET OF SAID NORTHEAST QUARTER OF SECTION 19; THENCE WESTERLY ALONG SAID NORTH BOUNDARY TO THE EAST BOUNDARY OF THE WEST 429.00 FEET OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 19; THENCE NORTHERLY ALONG SAID EAST BOUNDARY TO THE SOUTH BOUNDARY OF THE NORTH 330.80 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST n1 QUARTER OF SECTION 19; THENCE WESTERLY ALONG.SAID SOUTH BOUNDARY TO THE EAST MARGIN OF "M" STREET SOUTHEAST; THENCE NORTHERLY co p ALONG SAID EAST MARGIN TO THE SOUTH BOUNDARY OF THE NORTHEAST N QUARTER OF THE NORTHEAST QUARTER OF SECTION 19; THENCE EASTERLY �o ALONG SAID SOUTH BOUNDARY TO A POINT LOCATED 1105.00 FEET CD WESTERLY FROM THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF Q THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTHERLY PARALLEL WITH THE EASTERLY MARGIN OF "M" STREET SOUTHEAST TO THE SOUTH BOUNDARY OF THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19; THENCE EASTERLY ALONG SAID SOUTH BOUNDARY 6.00 FEET; THENCE NORTHERLY TO A POINT ON THE NORTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 19 WHICH IS LOCATED 1000.00 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 19; THENCE NORTHEASTERLY TO THE SOUTHERLY MARGIN OF THE NORTHERN PACIFIC RAILWAY RIGHT OF WAY; THENCE EASTERLY, 400.00 FEET ALONG SAID RIGHT OF WAY TO THE EAST BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M.; THENCE SOUTHERLY ALONG SAID EAST BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION 18 AND SOUTHERLY ALONG THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF SECTION 19 TO THE POINT OF BEGINNING. LESS THAT PORTION OF THE EAST 1000.00 FEET OF THE WEST 1030.00 FEET OF THE NORTH 330.80 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19 DESIGNATED AS "RO" ON THE CITY OF AUBURN ZONING MAPS. REF. E90-460 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, truerand correct copy of Ordinance No. 4411 of the ordinances 'of the City of Auburn, entitled "AN ORDINANCE." I certify that.said Ordinance No. 4411 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the the 21st`day of May A.D., 1990. I further certify that said Ordinance No.,4411 was published as.,provided by law in the Valley Daily"News, a daily newspaper published in the City of Auburn, and of general circulation'therein, on the 23rd day of May, A.D., 1990. Witness my hand and the official seal of the City of Auburn this August 23, 1990, A.D. ' Robin Wohlhueter City Clerk City of Auburn 25 West Main, Auburn, WA 98001-4998 (206) 931-3000