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HomeMy WebLinkAbout08-15-2005 ITEM VIII-A-4F -� AUCITYOBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Ordinance No. 5938 for Date: Application No. REZ04-0005 8/11/2005 Department: Planning Attachments: Ordinance No. 5938, Budget Impact: H.E. Decision, Staff Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council to introduce and adopt Ordinance No. 5938. Background Summary: The Hearing Examiner on July 19, 2005, conducted a public hearing on the request of Cornerstone Homes and Development for a rezone request from RS ("Single Family Residential") to R2 (also "Single Family Residential") for parcels generally located on the east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south. Subsequent to the hearing, the Examiner recommended to the City Council approval of the rezone. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. HEIREZ04-5 AND ORD 5938 L0815-1 03.8 REZ04-0005 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: E Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _ Tabled Until Councilmember: Norman I Staff: Krauss Meeting Date: August 15, 2005 Item Number: VIII.A.4 AUBURN *MORE THAN YOU IMAGINED 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 Examiners 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 �ff2). The site is made up of several contiguous parcels located east of 56 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. PLT04-0007). 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. Aubum 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 al least 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 Findings 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. Severability. 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. Recording. 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 by law. Ordinance No. 5938 August 10, 2005 Page 7 of 8 INTRODUCED: PASSED: /_1aaa@ /�71i ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. H(N City Attorney Ordinance No. 5938 August 10, 2005 Page 8 of 8 Peter B. Lewis MAYOR Exhibit "A" Ordinance No. 5938 LEGAL DESCRIPTION OF PROPERTY Lots 1 through 9 in Block 4 and Lots 1, 2, and 3 of Block 13 of Jovita Heights, according to plat recorded in Volume 20 of Plats at page 12, in King County, Washington; Together with that portion of the former Seattle -Tacoma pole line easement lying within the Northwest quarter of Section 23, Township 21 North, Range 4- East, W.M., in King County,. Washington, lying Southeasterly of Block 4 and Northwesterly of Block 13 of said addition. 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 12, 13, 14, 16, 17,18, and 19 in Block 13 of Jovita Heights, according to plat recorded in Volume 20 of Plats at Page 12, in King County, Washington. BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) NO. REZ04-0005 Cornerstone Homes and Development ) FINDINGS, CONCLUSIONS AND RECOMMENDATION For Approval for a Rezone. ) SUMMARY OF RECOMMENDATION The Hearing Examiner recommends that the Auburn City Council APPROVE the request to rezone approximately thirty-five acres from Single Family -Residential (RS) to Single -Family Residential (R2). SUMMARY OF RECORD Re ouest Cornerstone Homes (Applicant) requests a rezone of approximately thirty-five acres from Single -Family Residential (RS) to Single -Family Residential (R2). The site is located east of 56`x' Avenue South, between Iowa Drive and South 3361' Street in Auburn, Washington. Hearing Date The Hearing Examiner for the City of Auburn held an open record hearing on the request on July 19, 2005. Testimony The following individuals presented testimony under oath at the open record hearing: 1. David Osaki, City of Auburn Planner 2. Lisa Klein, Applicant Representative Exhibits The following exhibits were admitted into the record: Exhibit I Staff Report dated July 12, 2005 Exhibit 2 Vicinity Map Exhibit 3 Rezone Application, filed July 22, 2004 Exhibit 4 Notice of Application Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of publication of legal notice Exhibit 9 Aerial photograph Exhibit 10 Memorandum from Planning and Community Development Department, dated July 20, 2005 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 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 336`h 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. PLT04-0007). The rezone would lower the minimum required lot size. Exhibit 1, page 2; Testimony of Mr. Osaki. 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.2 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 (ACQ 18.10.010, .020, and. 040. The site is comprised of thirty-five contiguous tax parcels under four separate ownerships. Legal descriptions and ownership information are included in the Rezone Application at pages 5 and 6. Exhibit 3, Application. Z The proposed preliminary plat would not include development of the steep slopes on site. Approximately 14.3 acres would be retained in open space. Exhibit 3, Application. Findings, Conclusions, and Recommendation Hearing Examinerfor the City ofAuburn Cornerstone Homes Rezone, REZ04-0005 Page 2 of 6 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 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-I L 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, RI). 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, seepage 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 3 Using the entire site area, the proposed density would be 3.25 units per acre. Excluding the steep slope areas, density of the buildable area would be five units per acre. Exhibit 3, Application, page l0. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Cornerstone Homes Rezone, REZ04-0005 Page 3 of 6 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 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 ofAuburn'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 Count; 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 he 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 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. Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Cornerstone Homes Rezone, REZ04-0005 Page 4 of 6 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 al least 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 Findings The proposed rezone would be consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject 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 H. 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 Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Cornerstone Homes Rezone, REZ04-0005 Page 5 of 6 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. RECOMMENDATION Based upon the preceding Findings and Conclusions, 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) should be APPROVED. DECIDED this 2 4 day of August 2005. DRISCOLL & HUNTER Hearing Examiner for City of Auburn By: Theodore Paul Hunter Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Cornerstone Homes Rezone, REZ04-0005 Page 6 of 6 COe %AM� II - .0 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Public Hearing Application No. REZ04-0005 Date: 7/12/2005 Department: Planning Attachments: See Exhibit List Budget Impact: Administrative Recommendation: Hearing Examiner to approve the rezone based upon the Findings of Fact and Conclusions. Background Summary: OWNER/APPLICANT: Jovita Heights LLC; Halsey Living Trust, Terhune Barrier LLC; Patricia J. Mathews APPLICANT: P.J. Datillo, Cornerstone Homes and Development; AHBL Engineers REQUEST: Change in zoning from RS (Single Family Residential) to R2 (also Single Family Residential) LOCATION: The rezone involves parcels located east of 561h Avenue South, generally between Iowa Drive/South 347"1348 1h streets and South 336`h Street. EXISTING ZONING: RS, Single Family Residential. EXISTING LAND USE Vacant. COMPREHENISVE PLAN DESIGNATION: "Single Family Residential" SEPA STATUS: A Final Mitigated Determination of Non -Significance on the rezone (and preliminary plat request) was issued June 7, 2005. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until / / Tabled Until % % ounce mem er: ormana : sa 'u Meeting Date: u em er: EXHIBIT 1 AUBURN * MORE THAN YOU IMAGINED Agenda Subject Public Hearing Application No. REZ04-0005 Date: 7/12/2005 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: EXHIBIT LIST Exhibit 1 Comprehensive Plan Zoning Land Use Site "Single Family RS, Single Family Vacant Exhibit 5 Residential" Residential Affidavit of Posting North Urban Residential Low R1 (King County zoning) Vacant Exhibit 9 (King Count South Urban Residential Low R1 (King County zoning) Vacant (King Count East "Open Space", "Heavy C-3 Heavy Commercial Commercial Commercial" West Urban Residential R4 (King County zoning) Scattered single family Medium (King County) dwellings, EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Notice of Application Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of Publication of Legal Notice Exhibit 9 Aerial Photograph FINDINGS OF FACT: 1. The request is for a rezone of several contiguous parcels from R -S (Single Family Residential) to R-2 (also Single Family Residential). The site is currently vacant. 2. The change in zoning is requested in order to develop a proposed preliminary plat in accordance with the R2 zone lot development standards. The proposed preliminary plat is being processed concurrently with the rezone request (City Case File No. PLT04-0007). 3. The property is designated "Single Family Residential' on the Auburn Comprehensive Plan land use map. The "Single Family Residential" comprehensive plan designation supports the City's R -S, R-1 and R-2 zoning districts. 4. The R2 (Single Family Residential) district allows single family residential uses and certain other limited uses. Auburn City Code (ACC) section 18.14.010 states, in part, that the intent of the R2 zone is, "18.14.010 Intent. The R-2 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density. This district will provide for the development of single-family detached dwellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environment. Page 2 of 4 Agenda Subject Public Hearing Application No. REZ04-0005 Date: The applicant's rezone request that will provide for the implementation of a single-family residential preliminary plat proposal is consistent with the intent statement of the R-2 zone. 5. On June 7, 2005, the SEPA Responsible Official issued a Final Mitigated Determination of Non - Significance (MDNS) for the proposed change in zoning. The Final MDNS also addressed the applicant's proposed preliminary plat proposal. 6. On November 24, 2004, the Washington State Department of Community, Trade and Economic Development (DCTED) and other State agencies received notice of the proposed zone change, pursuant to RCW 36.70A.106 which requires a 60 day notification period. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. The City of Auburn Comprehensive Plan states that the purpose of the "Single Family Residential" comprehensive plan designation is: "To designate and protect areas for predominantly single family dwellings". The rezone to allow for a single-family residential preliminary plat that implements this purpose statement. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. This rezone request was not initiated by the City and may therefore be considered by the Hearing Examiner. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Staff is not recommending any changes or modifications to the request. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 1. Conditions in the area must have changed since the original zoning was established. Development of the site has historically been difficult due to an inability to bring utilities to the site. In February 2005, the City of Auburn approved a service area agreement (Resolution No. 3824) with the Lakehaven Utility District. This agreement facilitates the City's ability to serve the site with sewer and provide for the densities that make for the efficient development of the area subject to the rezone request. In addition to a change in the area, a decision issued by the Central Puget Sound Growth Management Hearings Board (see Bremerton, et. al. v Kitsap County, CPSGMHB No. 95-3-0039c, Final Decision and Order, October 6, 1995)) established, as a general rule, a "bright line" that 4 units/acre should be the minimum residential density in urban areas (unless certain exceptions can be demonstrated). The proposed rezone would be consistent with this decision by rezoning land, that Page 3 of 4 Agenda Subject Public Hearing Application No. REZ04-0005 Date: 7/12/2005 can now be served by public facilities, from its present minimum lot size of 35,000 square feet to a higher zoning density that exceeds the "bright line'. 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. The rezone will allow for future development of the property consistent with the established land use pattern in the general area and with the site's "Single Family Residential" comprehensive plan designation. The provision of more affluent housing is also consistent with the city's strategy and approach to encouraging more upper income housing to provide a balance with the City's already high proportion of low and -moderate -income housing. Specifically, Auburn Comprehensive Plan Chapter 4 (Housing Element), states "Housing Strategy Auburn's Overall Housing Development Strategy Over the past twenty years, Auburn responded positively to the housing needs of low and moderate income groups. Over the next twenty years, Auburn will attempt to economically integrate its community by diversifying its housing stock to include all income groups. Auburn currently has a relatively small portion of households consisting of middle and higher income groups. By striving to bring its number of low and moderate income households in line with the rest of King County, while increasing the growth rate of households with more affluent incomes, Auburn should achieve a more even distribution and diversity of social -economic groups." Auburn Comprehensive Plan. Chapter 4, Housing Element, Page 4-7. In addition, as cited above, a decision issued by the Central Puget Sound Growth Management Hearings Board established, as a general rule, a "bright line" that 4 units/acre should be the minimum residential density in urban areas (unless certain exceptions can be demonstrated). The proposed rezone would be consistent with this decision by rezoning land that can now be served by public facilities to a density above the present minimum lot size of 35,000 square feet and that also exceeds the "bright line" established by the CPSGMHB. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report HEIAPPISTRZ04-5 Page 4 of 4 APPLICATION NO.: REZ04-0005 APPLICANT: Cornerstone Homes LOCATION: east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south EXHIBIT 2 REZONE APPLICATION Sec. Twp. Rng.: Zone Existing: Area Code: Zone Request: �� Scheduled Public Hearing: ��lq� Date Received: Staff Project Coordinator: ................................................................................................................................................................... 5Lp&1`4 -M + Do Not Write Above This Line APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S) of property numbered opposite my (our) names(s) hereby petition for a change of zoning classification of property described herein from: RS TO A. How is the property involved in this application more suitable for the uses permitted in the proposed zone than those permitted in the present classification? The use of the property will not change under this Rezone. Both the existing RS and proposed R-2 zone call for single family residential uses. The Rezone will lower the minimum allowed lot size. The property is more suitable for the smaller lot sizes and resulting higher density based on the urban level of services that will be extended as part of the development. The level of utility and infrastructure improvements will support the higher density and result in greater efficiencies in the extension, provision, and maintenance of the services. King County Countywide Planning Policy LU30 states that jurisdictions should develop policies and regulations to "establish a process for converting land to urban densities and uses once services are available. " This Rezone proposes to provide urban services in conjunction with the development of a project with urban densities. While the Rezone will enable greater densities in the upland portions of the property, the project does not propose development on the forested steeper slopes located in the eastern portions of the property. Approximately 14.3 acres (41% of the site) will be retained as open space. EXHIBIT 3 Rezone for Hearing Examiner Page 4 of 11 Revise 7/142003 B. Explain why there is a need in the area for more zoning of the type requested, and wherever possible, substantiate this statement with factual data. A Rezone to R-2 will provide more housing that what is currently possible under the existing RS Zone. The need for more housing is supported by the following factual data and information: (1) As discussed in question A, above, there is a need for urban services. Access and sanitary sewer service is not currently available to the area, with the exception of substandard and unmaintained King County roads located to the west. The approval of this Rezone will substantially increase the level of services in the area at the cost of the developer. The higher the number of units, the greater the efficiencies in the provision of urban services, Provision of efficient urban services is a primary goal of the Washington State Growth Management Act, King County Countywide Planning Policies, and the City of Auburn Comprehensive Plan. By having the developer pay for the infrastructure costs and by providing services at urban densities rather than rural densities, the City can provide a higher level of service at a lower cost to the taxpayers. (2) The City of Auburn's 1995 Comprehensive Plan states that the City is in need of providing more middle to upper middle income housing to offset the development over the last decade of predominantly multi -family and first-time buyer housing. The Jovita Heights Preliminary Plat and Rezone project will provide approximately 107 dwelling units on lots oriented to capture views of the Auburn Valley and Mount Rainier. The homes will be 2,600 — 3,500 square feet in size and prices will range in the upper -middle level, from $380,000 - $450,000. The Rezone will provide more middle to upper middle income housing than possible under the existing zone. Growth rates in Auburn and South King County are strong. The relatively affordable housing costs and convenient location between Seattle and Tacoma make Auburn desirable to many home buyers. By providing additional housing, the City can meet the market demand. Auburn's population is forecasted in the year 2020 to be 85,556 — almost double the 2000 population of 43,047!11 The proposed Rezone will assist in providing housing to accommodate this population increase. 1. Source: City ofAuburn's 2020 Population Estimate, Auburn Planing & Community Development, July 12, 2004. Rezone for Hearing Examiner Page 5 of 5 Revised 7/1 V2003 C. Why is this zoning compatible with the other existing uses in the neighborhood? The proposed Rezone is compatible with existing uses because it proposes to develop single family residential uses consistent with the existing single family uses located sporadically to the north, west, and south of the property. The forested steep slopes along the eastern portions of the property will buffer the new neighborhood from the few commercial uses located along West Valley Highway. Many lots surrounding the property are currently vacant residential -zoned land. The Rezone would allow for the development of a neighborhood with 6,000 — 12,000 square foot lot sizes, consistent with the range of lot sizes on the surrounding properties. To the south, across the city boundary in King County jurisdiction is a neighborhood with lot sizes that range from 9,000 to 15,000 square feet. To the north and west lot sizes range from 16,000 to 22,000 square feet. To the west, Blocks 14, 24 and 27 of Jovita Heights Addition Plat were subdivided in 1911 at a lot size of 4,800 sf. By proposing a zone allowing development similar to the surrounding properties, the uses will be compatible. Rezone for Hearing Examiner Page 6 of 6 Rmwd7/14,2 3 D. Why is this rezone compatible with the existing zoning in the area? The Rezone is compatible with the existing zoning in the area because the proposed use remains as single family residential, consistent with the surrounding zoning. The surrounding zoning designations are designated by three jurisdictions. The proposed Jovita Heights Preliminary Plat and land to the east of the project is located in the City of Auburn. The adjacent property to the north, west, and south is located in unincorporated King County and the Potential Annexation Area of the City of Federal Way. The zoning designated by of these jurisdictions is illustrated below. Jovita Heights Area Zoning Designations Rezone for Hearing Examiner Page 7 of 7 Revised 7114=3 x � ST. CST o � ao NORTH W n � L O s MST sr. S m Kyle. R I i '.4N£R)11HL 4FY S a3nT4 sT RS R 1W WIN aL KI G A BURN CO NN 9 TH 5 R Z ' R$ R-2 CARE GENEVA n/"•" Y 8t. PARK 5 1NS IARE MICA m R 1JX 1491H ST > 4 V~ 3 C 5 352ND T n y J Y J W 5 :IS{IH ST Q > ¢ F- > m 3 m Rezone for Hearing Examiner Page 7 of 7 Revised 7114=3 Auburn Land Use & ZoningDesi nations Area and Use Designation Zoning Equivalent Density Northeast Single Family Residential RS Single Family 35,000 sf lot minimum Central and Southeast Commercial I C-3 Commercial I(ing Co nty Land Use & ZoningDesi nations Area Land Use Designation Zoning Equivalent West and South of Jovita Heights Urban Residential, 4-12 units per acre R-4, Residential, four DU per acre North of Jovita Heights Urban Residential, 1 unit per acre R-1, Residential, one DU per acre Federal Wa PAA Land Use & Zoninj Designations Area Future Land Use Zoning Equivalent Designation Northwest of Jovita Single Family, Medium RS 35.0 Heights Density (1 unit/35,000 SF) West of Jovita Heights Single Family, RS 9.6 High Density (1 unit/9,600 SF South of Jovita Heights Single Family, Medium RS 35.0 Density (1 unit/35,000 SF) Rezone for Hearing Examiner Page 8 of 8 Re.7114!2003 E. Why is this rezone consistent with the Comprehensive Plan for the area? This Rezone is consistent with the Comprehensive Plan for the following reasons: (1) The type of Rezone that is proposed is one that meets the City's definition of a rezone that "clearly implements or is in full conformance with the Comprehensive Plan ". (2) The property's designated Land Use is Single Family Residential. The R-2 zone is considered an "Appropriate Implementation" of this Land Use. (3) City of Auburn's Comprehensive Plan Goal 7, Residential Development (Chapter 1) states: ... "the development of new single family detached housing is a priority of the City in order to maintain its traditional community character. " Jovita Heights Rezone offers substantially more single family housing than the underlying zone. (4) Goal 13, City Utilities (Chapter 1) states: "Auburn will only permit development if adequate public utilities are, or can be guaranteed to be, available to support new development. " This goal is based on the Washington State Growth Management Act goal, which states that local jurisdictions should encourage development in urban areas where adequate public facilities exist or can be provided in an efficient manner. Jovita Heights project proposes to extend urban public services, including water, sanitary sewer, and public roads, which will support the new development. The proposed Rezone will result in higher densities resulting in greater efficiencies for extension maintenance and provision of these services. (5) Goal 18, Environment and Natural Resources (Chapter 1) states: "To maintain and promote a safe and healthy environment, preserve the quality of life, and to protect the area's most unique, sensitive and productive natural resources." While the Rezone will enable greater densities in the upland portions of the property, the project does not propose development on the forested steeper slopes located in the eastern portions of the property. Approximately 14.3 acres (41% of the site) will be retained as open space. (6) Goal 7, Objective 7.1, Policy LU -14 (Land Use Chapter 3) states: Rezone for Hearing Examiner Page 9 of 9 Revised 7/14M03 "Residential densities in areas designated for single family residential use should be no greater than 6 units per acre... The bulk of the single family residential community should be developed at a density of between 4 and 6 dwelling units per acre. " This goal is consistent with the urban density minimums mandated by the Growth Management Act of 4 du/acre. There are two ways to calculate the existing and proposed density of the Jovita Heights project to determine its consistency with this goal, using the entire acreage of the property, 35.25 acres, or just the developable upland areas, approximately 20.95 acres. Density of Jovita Heights Density Calculation Existing RS Zone Proposed R-2 Zone Using Entire Project Area (35.25 acres) 1.2 du/acre 3.25 du/acre Using Developable Area (20.95 acres) 2 du/acre 5 du/acre Under either calculation method, the R-2 zone density is more consistent with the goal stated in the Comprehensive Plan. While the intent of the original RS Zone designation for this property may have been to limit densities on the West Hill because of the steep slopes in the area, the density calculation for just the developable area is still under the stated goal. (7) Goal 7, Moderate and High Income Housing, LU -38, (Land Use Chapter 3) states: ... "Codes should be revised to ensure that Auburn obtain its `fair share" of high end single family housing. " This section of the Comprehensive Plan focuses on the desire that the City increase the amount of housing oriented toward those with moderate and high incomes. The Jovita Heights project proposes 107 dwelling units that will feature spectacular views of Mt. Rainier. In addition, the close proximity to Highway 18, Highway 167, Seattle, and Tacoma, make it very competitive in today's market place. The applicant proposes to develop homes in the 2,600 — 3,500 square foot range that will take advantage of the views. Home prices are expected to be in the upper -middle income price range, from $380,000 - $450,000. The Rezone to R-2 will result in 84 more (107 total) moderate and high income homes than those possible with the underlying RS zone (23 total). This higher density more closely meets this goal of the Comprehensive Plan and correspondingly expands the tax base. (8) The Auburn Zoning Code implements the City's Comprehensive Plan and states that the intent of the R -S Single -Family Residential District is to: Rezone for Hearing Examiner Page 10 of 10 Revised 7114YW3 "provide areas for estate -type residential development on large lots. This zone would normally be located in the areas particularly suited for such development. " The presence and availability of urban -level services combined with the develop - ability of the upland portions of the site make it less suitable for estate -type residential development and more suitable for urban level densities. (9) The Auburn Zoning Code states that the intent of the R-2 Zone is: "intended to create a living environment of optimum standards for single-family dwelling. It is further intended to limit development to relatively low degrees of density" The Rezone to R-2 will result in a density of 3.25 to 5 dwelling units per developable acre. These are relatively low densities for an urban area consistent with the Goals and Objectives of the Land Use Chapter of the City of Auburn Comprehensive Plan. Rezone for Hearing Examiner Page 11 of 11 Revised 7/I V2003 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. Rezone In ial PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 375160-0095 Patricia J. Mathews -0097 -0099 37202 56th Avenue. Smith -0101 -0103 Auburn, WA 98001 -0105 375760-0107 -0109 -0111 -0283 -0285 -0287 375160-0293 -0295 -0297 -0299 -0301 5 -0303 DESIGNATED CONTACT PERSON: Name: Patricia J. Matthews Address: 37202 56th Avenue, South City: Auburn, WA 98001 Phone: (253) 939-0068 PARCEL NUMBERS 375160-0307 375160-0309 375160-0313 375160-0315 375160-0317 375160-0319 SIGNATURE (253) 939-0068 Preliminary Plat Page 5 Of 6 R .d Vn 1rz 3 9 LEGAL DESCRIPTION OF PROPERTY Lots 1 through 9 in Block 4 and Lots 1, 2, and of Block 13 of Jovita Heights, according to plat recorded in Volume 20 of Plats at page 12, in King County, Washington; Together with that portion of the former Seattle -Tacoma pole line easement lying within the Northwest quarter of Section 23, Township 21 North, Range 4 East, W.M.,-inKing County,. Washington, lying Southeasterly of Block 4 and Northwesterly of Block 13 of said addition 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 12, 13, 14, 16, 17, 18, and 19 in Block 13 of Jovita Heights, according to plat recorded in Volume 20 of Plats at Page 12, in King County, Washington. FEE PAYMENT: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Page 6 Of 6 Rev 7111!2003 9 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. Rezone Initial PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 375160-0713 Terhune-Barrier, LLC -0715 -0717 36330 208th Avenue, SE -0719 -0721 Auburn, WA. 98092 -0723 -0725 DESIGNATED CONTACT PERSON: Name: Rob Terhune Address: 18306 Driftwood Drive. East City: Sumner. WA 98390-9462 Phone: (253) .891-2200 Preliminary Plat Reuse 71112883 SIGNATURE (253) 569-5512 Page 5 of 6 LEGAL DESCRIPTION OF PROPERTY Parcel A: Lot 4, City of Auburn Lot Line Adjustment Number LLA -01-0007 (Revised), recorded under recording no. 20011106001193, in King County,. Washington. Parcel B: Lot 4A, City of Auburn Lot Line Adjustment Number LLA -01-0007 (Revised), recorded 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. FEE PAYMENT: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Page 6 of 6 Re.se 71112 3 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS. Rezone Initial PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 375160-0289 Jovita Heights, LLC -0291 Sumner, WA 98390-9462 DESIGNATED CONTACT PERSON: Name: Rob Terhune Address: 18306 Driftwood Drive, East City: _Sumner, WA 98390-9462 Phone: (253) 891-2200 Preliminary Plat Revises 711 12003 SIGNATURE (253) 891-2200 Page 5 of 6 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. FEE PAYMENT: T.R. #: DATE RECEIVED: CASHIER'S INITIALS: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist Preliminary Plat Page 6 of 6 Rwnd711112W3 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE 0 OF THIS APPLICATION AND ITS ATTACHMENTS. Rezone Ini PARCEL NAME. ADDRESS & PHONE NUMBER NUMBER (Please Print) 375160-0311 Halsey Living Trust South 4822 Low Way Court Spokane, WA 99206 DESIGNATED CONTACT PERSON: Name: Sharon KavHalse Address: South 4822 Low Way Court City: Spokane. WA 99206 Phone: (509) 922-0439 SIGNATURE Preliminary Plat Page 5 Of 6 a "dmiaoda 9 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. FEE PAYMENT: $1,000.00 and $50.00 per lot plus $700.00 for Environmental Checklist T.R. #: DATE RECEIVED: CASHIER'S INITIALS: Preliminary Plat Page 6 of 6 Re se 7/11/2003 CITY OF; Peter B. Lewis, Mayor WASHINGTON 25 West Main strew* Auburn WA 98001-4998 * www.ci.aubum.wa.us * 253.931-3000 NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following application that may be of interest to you: Nature of Project or Request: Request is for a proposed 106 lot preliminary plat and rezone from RS (Single Family Residential) to R2 (Single Family Residential). Plat modifications to the city s cul-de-sac length standard and also to park dedication requirements have also been requested. Location: The proposal is generally located on the east side of the 56th Avenue South right of way between, approximately, South 348'" Street and South 336"' Street. A portion of the proposal extends as far east as 59'" Avenue South. Elements of the proposal include right -of way immProvements and wetland mitigation in unincorporated King County h. west side of 567" 6 Avenue South, and a southerly extension of 56"' Avenue South. Date of Notice of Application: January 8, 2005 Permit Application Date: July 22, 2004 Date of Notice of Completeness: December 29, 2004 File No(s): REZ04-0005; PLT04-0007 Applicant: AHBL Engineers (2215 North 3& St, Suite 300, Tacoma, WA) on behalf of Cornerstone Homes & Development 10909 Portland Avenue East, Suite F,Tacoma, Washington 98445 Other Permits Required: No other permits are required for the rezone, preliminary plat and modification requests; however, if approved, permits identified as necessary to date include grading, utility and facility extension permits. Eventually, building and related permits (plumbing, mechanical) in support of structures will be required. In addition to the preliminary plat and rezone applications, the applicant has also filed an environmental checklist application (SEPA File No. SEP04-0026). It is also expected that permits will be required from King County for related development activities in King County's jurisdiction. Additional Studies Provided with the Application EXHIBIT 4 AUBURN* MORE THAN YOU IMAGINED - The following additional -studies have been submitted to date in support of the referenced applications: "Preliminary Technical Information Report prepared for Cornerstone Homes and Development for the Jovita Heights Preliminary Plat". Prepared By AHBL. July 2004 "Cornerstone Homes, Jovita Heights Wetland and Stream Analysis Report." Prepared by B-12 Associates. July 13, 2004 - `Conmerstone Homes-Jovita Heights Wetland and Stream Analysis Report, Revised". Prepared by B-12 Associates. December 7, 2004. "Jovita Heights Plat Traffic Impact Analysis". Prepared by Transportation Planning and Engineering Inc. June 11, 2004. Supplemented by September 28, 2004 letter. "Jovita Heights Plat Traffic Impact Analysis Update", Prepared by Transportation Planning and Engineering Inc. December 21, 2004. "Preliminary Geotechnical Evaluation.' Zipper Zeman Associates, Inc. July 13, 2004. Supplemented by letter dated August 24, 2004. Zipper Zeman Associates. Notice of Application Public Comment Period You are invited to comment on the application, request a copy of the decision, when available, receive notice of and participate in any hearing and be made aware of any appeal rights. Comments on this notice of application must be received in writing by the Auburn Department of Planning and Community Development at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m. on Monday, January 24, 2005. Public Hearing An open record pre -decision public hearing is required for the project. The City has not determined the date of the hearing at this time. The City may accept public comments at any time prior to the dosing of the record of an open record pre -decision hearing. A separate notice regarding the time and date of the hearing will be provided in the future. Statement of Consistency and List of Applicable Development Regulations For that portion of the proposal inside the Auburn City limits, the proposal is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan, International Building Code, International Fire Code and Auburn Design and Construction Standards. Proposed Mitigation Measures A SEPA determination and SEPA mitigation measures for the proposal have notyet been finalized. At this time, the City anticipates assuming lead agency status for the proposal. Additional Information If you have further comments or questions related to this application, you may contact StevePitcheror Dave Osaki with the City of Auburn Planning and Community Development Department at (253) 931-3090. A� WASHINGTON NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on July 19, 2005, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: REZ04-0005 Application of Cornerstone Homes and Development for a rezone request from RS ("Single Family Residential") to R2 (also "Single Family Residential") for parcels generally located on the east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south. Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for consideration at this public hearing. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross -hatched area on the map below. EXHIBIT 5 CERTIFICATION OF POSTING APPLICATION NO. PLT04-0007 and REZ04-0005 LOCATED AT: east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south DATE OF PUBLIC HEARING: July 19, 2005 PUBLIC HEARING NOTICES POSTED: This date I certify that I did post land use posting notices. These notices are required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(B)(1)(a) and for plats Chapter 17.06.030(C)(3) of the Auburn Land Division Ordinance of the Auburn Zoning Ordinance. The public hearing date is scheduled for July 19, 2005. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Date: T—t�arl� Name: /; Al6d� 1� Tu Nguyen, Plann} g Department EXHIBIT 6 CERTIFICATION OF PUBLICATION AND MAILING CERTIFICATION OF PROVIDING FOR THE PUBLICATION IN THE KING COUNTY JOURNAL ON THE FOLLOWING: APPLICATION NO.: PLT04-0007 and REZ04-0005 APPLICANT: Cornerstone Homes and Development DATE OF PUBLIC HEARING: July 19, 2005 I did on July 1, 2005, send via e-mail to the King County Journal a newspaper of general circulation a notice of public hearing, as required by City of Auburn Zoning Ordinance Chapter 18.66.130 and 18.70.040, for said notice to be published on July 7, 2005, at least 10 calendar days prior to the public hearing. I also on July 7, 2005, sent to all the legally known property owners within 1,000 feet of the proposed site a copy of the notice of public hearing for the above stated application at least 10 calendar days prior to the public hearing. Oq c Sighature EXHIBIT 7 Page 1 of 1 Patti Zook From: Tom Meagher itom.meagher@kingcountyjournal.com] Sent: Friday, July 01, 2005 3:07 PM To: Patti Zook Subject: RE: Notice of Public Hearing for publication July 7 Follow Up Flag: Follow up Flag Status: Flagged Hello Patti!! I have received your email with the attachment and will publish the notices (re: Notices of Public Hearnings for PLT04-0006, PUD04-0001, VAR04-0005, and VAR04-006 for Centex-Riversand and REZ04-0005 and PLT04-0007 for Cornerstone-Jovita) in the Thursday, July 7, 2005 edition of the King County Journal. Thank You!! Jody Barton for: Tom Meagher Legal Advertising Representative King County Journal Newspapers Phone: 253-234-3512 or 425-453-4296 Fax: 253-859-9268 or 425-635-0602 -----Original Message ----- From: Patti Zook fmailto:pzook@aubumwa.gov] Sent: Friday, July 01, 2005 3:07 PM To: 'legal ads -Tom Meagher' Subject: Notice of Public Hearing for publication July 7 Importance: High Hi Tom - Attached are notice of public hearings for publication on July 7, 2005. Please e-mail a confirmation. Have a great holiday weekend! Patti Zook City of Auburn Department of Planning and Community Development 253-931-3090 pzook auburnwa.gov This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Thank You, EXHIBIT 8 7/11/2005