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HomeMy WebLinkAbout6949 Instrument Number: 20240919000224 Document:ORD Rec: $311.50 Page-1 of 9 Record Date:9/19/2024 10:07 AM Electronically Recorded King County,WA Return Address: Auburn City Clerk- City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6949— REZ23-0005) Reference Number(s) of Documents assigned or released: ['Additional reference#'s on page_of document Grantor(s) (Last name first, then first name and initials) City of Auburn Grantee: (Last name first) Singh, Balvir Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) HILLMANS C D AUBURNDALE DIV#2 PCL "B" OF AUBURN BLA#BLA 21- 0006 REC #20211105900025 SD BLA BEING POR OF LOTS 46-49 OF BLK 14 OF SD ADD ❑Additional legal is on pages XX of the document. Assessor's Property Tax Parcel/Account Number: 333990-0507 ❑Assessor Tax#not yet assigned ORDINANCE NO. 6949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FOR A SITE SPECIFIC REZONE OF A PORTION OF ONE PARCEL FROM R-10, RESIDENTIAL ZONE - TEN DWELLING UNITS PER ACRE TO R-20, TWENTY DWELLING UNITS PER ACRE WHEREAS, a Boundary Line Adjustment (City File No. BLA21-0006)was applied for to combine the northern 90 feet of parcel no. 3339900495 with parcel no. 333990507, recorded on November 5, 2021 and resulting in a split-zoned single lot; and WHEREAS, the split-zoned single lot had a portion zoned R-20, Twenty Dwelling Units per Acre and a portion R-10, Ten Dwelling Units per Acre; and WHEREAS, Balvir Singh, Applicant and Property Owner, submitted a site-specific rezone application on July 11, 2023 for King County Parcel No. 3339900507; and WHEREAS, the rezone will ensure that the zoning of the entire lot fully matches the intent of the Comprehensive Plan by eliminating the split zoning and expanding the R-20 zone to include the whole parcel; and WHEREAS,the project is exempt from SEPA review in accordance with WAC 197- 11-800(6)(c); and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner conducted a public hearing, heard public testimony, and took evidence and exhibits into consideration; and WHEREAS, on August 1, 2024 the City of Auburn Hearing Examiner recommended approval of the site-specific rezone application, and made and entered Findings of Fact and Conclusions of Law based thereon in support of that Ordinance No. 6949 August 26, 2024 Page 1 of 3 recommendation, as set forth in the Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner attached hereto, marked as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of Law of the Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Adoption of the Hearing Examiner's Findings of Fact and Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of Law based thereon, made and entered by the Hearing Examiner in support of the recommendation to the City Council, as set forth in the "Findings of Fact, Conclusions of Law and Recommendation for the Stonecreek Apartments, City File Number REZ23- 0005, dated August 1, 2024", attached hereto, marked as Exhibit "A". Section 2. Approval. The City Council adopts and approves the request to change the zoning of a portion of King County Parcel No. 3339900507 from R-10, Residential—Ten Dwelling Units per Acre to R-20, Twenty Dwelling Units per Acre. Section 3. Constitutionality or Invalidity. If any section, subsection clause or phase 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, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or Ordinance No. 6949 August 26, 2024 Page 2 of 3 unconstitutional. Section 5. Recordation. 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's Division. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: SEP 1 6 2024. PASSED: SEP 1 6 2024 APPROVED: SEP 1 6 2024 ' NC i , MAYOR - ATTEST: APP- • ED AS TO • Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: v VAtrabef VA ) Mg/ M , Se At Vag Ordinance No. 6949 August 26, 2024 Page 3 of 3 Exhibit A 1 2 3 4 5 6 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN 7 Phil Olbrechts,Hearing Examiner 8 RE: Stonecreek Apartments 9 FINDINGS OF FACT, CONCLUSIONS Rezone OF LAW AND RECOMMENDATION. 10 REZ23-0005 11 INTRODUCTION 12 13 Balvir Singh requests an upzone of a portion of his property located at 703 8th St. NE. from R-10 to R-20. It is recommended that the City Council approve the rezone. 14 The requested upzone is arguably legally mandated since the current R-10 zoning is 15 inconsistent with the comprehensive plan use map designation of "multi-family." That map designation requires densities of 20-24 units per acre. The R-20 zoning 16 classification meets this requirement,the current zoning R-10 does not. 17 Mr. Sing's property is currently split zoned with R-10 on one portion and R-20 on the 18 other. The square footage of the entire parcel is 21,090 square feet. The proposal would rezone 7,098 square feet that is currently R-10 to R-20 so that the entirety of 19 the parcel is R-20. If the rezone is approved, the applicant intends to construct a 10- unit apartment building on the site. Absent approval of the rezone, the current zoning 20 would allow for an 8-unit building. 21 TESTIMONY 22 Ms. Diana Reed, Auburn City Planner, summarized the staff report. There was no 23 other testimony. 24 25 EXHIBITS Stonecreek Apartments Rezone p. 1 Findings, Conclusions and Recommendation Exhibits 1-7 listed at page 6 of the July 11, 2024 staff report were admitted into the 1 record during the July 17,2024 public hearing. 2 FINDINGS OF FACT 3 Procedural: 4 5 1. Applicant. The applicant is Mr. Balvir Singh, 24827 16th Ave. S, Des Moines, WA 98198. The property owners are Mr. Singh and Jaspreet Kaur. 6 2. Hearing. The Hearing Examiner conducted a virtual and telephonic 7 hearing on the application at 5:30 p.m. on July 17,2024. 8 Substantive: 9 3. Site/Proposal Description. The applicant proposes a site-specific rezone 10 located at 703 8th St. NE for a portion of King County Parcel No. 3339900507 which is split-zoned between R-20 Residential Zone - 20 Dwelling Units per acre (R-20) 11 and R-10 Residential Zone - 10 Dwelling Units per acre (R-10). The square footage 12 of the entire parcel is 21,090 square feet. The proposal will rezone 7,098 square feet that is currently R-10 to R-20 so that the entirety of the parcel is R-20. 13 The subject property is irregular in shape, with the western rectangular portion of the 14 lot measuring at about 14,245 square feet and eastern rectangular portion of the lot at approximately 7,065 square feet. It is flat and has no critical areas. Both ingress, 15 egress and utilities easements are available across the lot to the south (parcel no. 16 3339900495) to 8th St. NE, recorded under AFNS: 781205072, 881212073, 20010220000902 & 20030929002021 as shown on the Boundary Line Adjustment 17 (BLA21-0006) (Exhibit 5). A Boundary Line Adjustment (File No. BLA21-0006) was applied for to combine the northern 90 feet of parcel no. 3339900495 with parcel 18 no. 3339900507, recorded on 11/5/2021 and resulting in a split-zoned single lot. Although split-zoned after the BLA, the entirety of the property was previously 19 designated Multi-Family in the Comprehensive Plan. 20 4. Characteristics of the Area. The subject property is situated in an area 21 surrounded by both Multi-Family Residential and Single-Family Residential in the immediate vicinity. 22 5. Adverse Impacts. No adverse impacts are anticipated from the proposal. 23 The proposal was reviewed by the City's Building, Traffic, Utilities Division, and the 24 Valley Regional Fire Authority who did not express any concerns regarding the rezoning of the subject property. The proposal is exempt from SEPA environmental 25 review in accordance with WAC 197-11-800(6)(c). Pertinent impacts are addressed as follows: Stonecreek Apartments Rezone p. 2 Findings, Conclusions and Recommendation A. Traffic. The proposal will not generate adverse traffic impacts. Two comment 1 letters were received from community members regarding traffic issues (Exhibit 6). Both letters expressed concern about the proposed effect that 10 2 new units would have on increased traffic on a portion of 8' St. NE that they 3 assert already has numerous functional road and sidewalk related issues. Specifically, these concerns include observed high vehicle speeds and 4 blockage of sidewalks by parked vehicles. These comments were reviewed and responded to on-point by City staff (Exhibit 6). Concerns regarding 5 vehicle speeds are an enforcement issue and links for members of the public 6 to initiate a complaint were provided by City staff. Common walkways blocked by vehicles were identified as a civil matter. In regard to increased 7 traffic, staff has indicated in their report (Exhibit 1) that the City's traffic engineer reviewed the proposal and that the potential addition of 10 dwelling 8 units at this location did not require the preparation of a Transportation Impact Assessment (TIA). Projects that do not require a TIA are considered to not 9 generate adverse traffic impacts. 10 11 CONCLUSIONS OF LAW 12 13 Procedural: 14 1. Authority of Hearing Examiner. ACC 18.68.030(A)(1) grants the Hearing Examiner with the authority to review and make a recommendation on rezone 15 requests to the City Council. 16 Substantive: 17 2. Zoning Designation. The property is currently split zoned with 13,992 18 square feet located within a R-20 zoning district and the balance of the site (7,098 19 square feet)located with a R-10 zoning district. 20 3. Review Criteria. ACC 18.68.040 governs the criteria for review. Applicable criteria are quoted below in italics and applied through corresponding 21 conclusions of law. 22 ACC 18.68.040: There is no presumption of validity for a rezone (zoning map amendment) and the applicant has the burden of proof in establishing compliance 23 with all of the following criteria: 24 A. The rezone implements the policies of the comprehensive plan; or 25 B. The rezone is necessary due to substantial change in circumstances since the current zoning; and Stonecreek Apartments Rezone p. 3 Findings, Conclusions and Recommendation 4. Criterion Met. The criterion is met. The rezone implements the policies 1 of the comprehensive plan by making the zoning of the property consistent with the 2 comprehensive land use map designation. Changing the designation to R-20 would fully implement the Comprehensive Plan intent for the entire site and this criterion is 3 met. No change of circumstance is required for approval of the rezone because the rezone implements the Comprehensive Plan. 4 The entirety of the parcel has a Comprehensive Plan designation of"Multi-Family". 5 The Comprehensive Plan establishes density ranges for lands designated as Multi- 6 Family as follows (emphasis added in bold text): 7 "This category shall be applied to those areas that are either now developed or are reserved for multiple family dwellings. Densities may 8 range from 20 to 24 units per acre. These communities are served by transit, have nonmotorized connections to surrounding amenities and 9 services, or have access to on-site amenities." 10 The rezone will ensure that the zoning of the entire site fully matches the intent of the 11 Comprehensive Plan by eliminating the split zoning and expanding the R-20 zone to include the whole parcel. R-10 zoning (10 units per acre) is not an appropriate 12 implementing zone for this site as it is below the Comprehensive Plan's specified density of 20-24 units per acre. 13 14 In addition to providing for required consistency with the City's comprehensive plan land use map, the proposal is also consistent with the following comprehensive plan 15 policies: 16 The City of Auburn Comprehensive Plan Land Use Element"Multiple-family 17 Designation"general policies include: 18 • LU-27:Provide a variety of housing typologies to suit the needs of various potential residents. 19 The City of Auburn Comprehensive Plan Housing Element general policies 20 include: 21 • H-10: Provide a land use plan and zoning that offers opportunities to 22 achieve a variety of housing styles and densities for private and nonprofit housing providers. 23 • H-15: Use innovative zoning provisions to encourage infill development of 24 underutilized parcels in zones that have been identified in the Comprehensive 25 Plan as areas where infill residential development should be encouraged. Certain development requirements for infill development may be relaxed, while requiring adherence to specific design requirements to ensure compatibility with the character of nearby existing residential Stonecreek Apartments Rezone p. 4 Findings, Conclusions and Recommendation structures. 1 2 The proposal is consistent with the policies quoted above because it provides for multi- family apartment housing. 3 C. The rezone bears a substantial relationship to the public health, safety, or 4 welfare. 5 5. Criterion Met. The criterion is met. As determined in Finding of Fact No. 6 5, the proposal will not create any significant adverse impacts. As determined in Conclusion of Law No. 4, the proposal is necessary to implement the Comprehensive 7 Plan. For these reasons, the proposal is found to furthers public health, safety and welfare. 8 RECOMMENDATION 9 10 The Hearing Examiner recommends approval of REZ23-0005 11 12 Dated this 1st day of August, 2024. 13 14 Ole•a-Cdle&-- 15 Phil Olbrechts, City of Auburn Hearing Examiner 16 17 18 19 20 21 22 23 24 25 Stonecreek Apartments Rezone p. 5 Findings, Conclusions and Recommendation Vicinity Map I��i!i !Ii .* _�,_�S�1 ;tii a�►�,��.-; o"Nona 'e iE ,../• Ie•merr7 � fwl'p1�YI■Y■��r --=Illllllf -- __� c.�u 311ifiYY�arrl;�p■R�` _ _ -j 1♦wing p, i.11!Allll�l0:1 wr- gi 911111_.orniiiIIiPr5U!..�fl�.. ���101�{il!!rA!Ali ri`n�Lrlelll!�ele �� L� , ...: 5 ,: 0 I�IIi�lr� °`III Iti{i����►; ,r a,,,II IEpVia11rallion mum� �rn'�'I.ri'1e ■ 111N il�iPieV,lr` F.a �l ®d��5.�Im, ® 1IM M:Vigke 11111 O A"miti �tl A czj a.116 . �1 ria 1"'�,t;Q,w • IILI{! 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