HomeMy WebLinkAbout12-05-2005 ITEM VIII-A-6CITY OF ---T
RV AGENDA BILL APPROVAL FORM
-- WASHINGTON
Agenda Subject: VAR04-0006
Date:
November 29, 2005
Department: Planning
Attachments: Ordinance No. 5972
Budget Impact: NA
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5972. reversing the Hearing Examiner's decision and
granting the variance to reduce certain yard setbacks applicable to the detached single family lots
associated with the River Sand subdivision.
Background Summary:
Ordinance No. 5972 approves VAR04-0006 and reverses the Hearing Examiner's denial and grants the
variance to reduce certain yard setbacks applicable to the detached single family lots associated with the
River Sand subdivision. The variance requested a reduction from the front, street side and rear yard
setback requirements applicable to detached dwelling units on single-family lots as required by the PUD
zoning district, ACC 18.69.070(B)&(C).
L1205-5
03.10.5 VAR04-0006
viewe y ounce
ommi ees:
weave y epa me
s ivisions:
Arts Commission
UNCIL COMMITTE
S:
Building
Ma
Airport
Finance
Cemetery
Mayor
Hearing Examiner
Municipal Serv.
Finance
Parks
Human Services
Planning & CD
Fire
Planning
Park Board
Public Works
Legal
Police
Human Resources
Planning Comm.
Other
Public Works
Action:
Committee Approval: eYesBNo
Call for Public Hearing
Council Approval: Yes No
Referred to Until /_/_
Tabled Until_ _I—I—
Councilmember: Norman Staff: Krauss
Meeting Date: December -5, 2005 Item Number: VIII.A.6
AUBURN* MORE THAN YOU IMAGINED
ORDINANCE NO. 5 9 7 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REVERSING THE DECISION OF THE
HEARING EXAMINER TO ALLOW A VARIANCE TO REDUCE
FRONT, STREET SIDE, AND REAR YARD SETBACKS
APPLICABLE TO DETACHED SINGLE FAMILY LOTS
ASSOCIATED WITH THE RIVER SAND SUBDIVISION
WHEREAS, Centex Homes applied to the City for a variance to allow for
the reduction of front, street side and rear yard setbacks applicable to detached
dwelling units within the PUD zoning district on the River Sand Subdivison
single family lots; and
WHEREAS, the matter was heard by the Hearing Examiner August 16,
2005, and the Hearing Examiner's decision was to deny the variance; and
WHEREAS, the applicant appealed the Hearing Examiner's decision to
the City Council; and
WHEREAS, the City Council scheduled a closed record hearing to
review the entire record on November 18, 2005 under application number
VAR04-0006; and
WHEREAS, upon the conclusion of the Closed Record Hearing the City
Council reversed the decision of the Hearing Examiner and allowed the
variance for the reasons set forth below.
Ordinance 5972
November 29, 2005
Page 1
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. Purpose. Variance Application Number VAR04-0006
decision of Hearing Examiner is reversed to allow a variance of the front, street
side and year yard setbacks as follows:
Generally, to reduce the front, street side, and rear yard setbacks
of the PUD zoning district required by ACC 18.69.060(B) & (C).
More specifically to reduce the standard front setback from 20 feet
for the garage and 15 feet for other structures to 10 feet for
proposed alley -loaded lots (Lots 1 through 67) and to 15 feet for
the garage and 10 feet for the other structures for the non -alley
loaded lots (Lots 68 through 172), to reduce the street side yard
from 10 feet to 5 feet and to reduce the rear yard setback from 15
feet to 8 feet for proposed alley -loaded lots (Lots 1 through 67) and
to 10 feet for the non -alley loaded lots (Lots 68 through 172).
This conclusion is based upon the following Findings of Facts set forth in
Section 2 below.
Section 2. Findings Of Fact.
1. Centex Homes has applied for a variance to reduce certain yard setbacks
as required by the Planned Unit Development (PUD) zoning district (ACC
18.69.070(B)&(C)) for a portion of the development. Specifically, a
reduction is requested for certain setbacks for the detached dwelling units
on single-family lots. The request seeks to reduce the front setback from 20
feet for garages and 15 feet for other portions of the structure to 10 feet for
proposed alley -loaded lots (Lots 1 through 67) and to 15 feet for the garage
and 10 feet for the other structures for the non -alley loaded lots (Lots 68
through 172), the street side yard from 10 feet to 5 feet and the rear yard
from 15 feet to 8 feet for proposed alley -loaded lots (Lots 1 through 67) and
to 10 feet for the non -alley loaded lots (Lots 68 through 172). The request
Ordinance 5972
November 29, 2005
Page 2
is associated with a rezone, preliminary plat and Planned Unit Development
(PUD).
2. The PUD project is proposed to consist of 172 single-family residential lots,
one multiple family residential lot containing approximately 115 dwelling
units and 19 tracts. Since the project is proposed as a PUD, smaller lot
sizes than typical zoning standards are allowed. The standards for the lots
are contained in Section 18.69.070 of the PUD chapter of the Zoning Code.
The setback requirements vary based upon the "Lot Type".
3. PUDs are allowed pursuant to Chapter 18.69 of the Zoning Code. Section
18.69.040 allows PUDs in any residential -designated area of the
Comprehensive Plan and the site must have at least 10 acres in order to
qualify for a PUD. The subject project is 40.9 acres in size.
4. The PUD process is a multi -step process. The first step is to rezone the
property to a PUD classification. The rezone is a contract rezone that
defines among other things the land use, density, number and types of
dwelling units, amount and type of open space, and the responsibilities of
the applicant. In the subject case a preliminary plat for a single-family
development and a binding site plan for the multiple family portion is also
being processed simultaneously, therefore subsequent steps will include the
administrative approval of plans for infrastructure, construction of the
infrastructure and subsequent City council authorization of final plats.
5. The PUD zoning provisions at Section 18.69.030 allows four "Lot Types"
within PUDs. These consist of:
• Detached Lots
• Zero Setback Lots
• Semi Detached Lots
• Attached Lots
"Detached Lots" are defined as: "...lots (in) which the structure on the lot is
set back from all the lots lines." The other lot types allow the structure to
observe no side yard setback in various configurations.
Ordinance 5972
November 29, 2005
Page 3
6. The setback standards for detached lot types in both the "High Density
Residential" and "Moderate Density Residential" comprehensive plan
designations of the Planned Unit Development (PUD) zoning district are the
same. The required setback and the requested variance to the setbacks for
the single-family lots are:
Requested Allowed per PUD (ACC 18.69.070)
Front Yard setback 10' for Lots 1-67 20' to garage 115' to house
15' to garage/10' to house
for Lots 68-172
Side (interior) yd stbk 5' S'
Side (street) yd stbk 5' 10'
Rear yard setback 8' for Lots 1-67 15'
10' for Lots 68-172
7. The internal street network of the plat will consist of two stacked loop roads
with three north -south internal connections and will be dedicated as public
right-of-way. North of these stacked loops, approximately 8.26 acres of the
40.9 -acre site is to be developed with twenty-three, five—plexes.
8. Approximately 24.3 acres of the site is proposed for single-family residential
development. The northern tier of single-family lots is proposed to consist
of lots whose vehicle access is via a public alley (alley -loaded lots). These
are Lots1 through 67.
9. The PUD zoning district encourages the use of alley -loaded lots to meet the
pedestrian orientation goals of the PUD. In ACC 18.69.010(6) pedestrian -
oriented communities are encouraged through the use of traffic
management and design techniques to reduce traffic congestion and
increase the potential use of alternative modes of travel such as mass
transit, pedestrian and bicycle traffic.
The design guidelines of the PUD at ACC 18.69.080 state:
"D. Design Guidelines. The following design guidelines are intended
to assist PUDs in meeting the purpose of this chapter as discussed in
ACC 18.69.010 and not to restrict innovation, imagination or variety.
PUDs will however be reviewed and either approved, approved with
Ordinance 5972
November 29, 2005
Page 4
conditions or denied based upon consistency with the following
guidelines.
1. Building Orientation/Placement.
d. In order to promote a pedestrian oriented development, building
designs should minimize the visual impact of residential garages
upon the streetscape. For instance, placing garages in the rear yards
such that the garage is accessed from an alley or similar access
provision enhances the pedestrian orientation of the streetscape."
10.Other City departments and divisions have reviewed the variance
application. With implementation of the proposed condition related to sight
distance, no concerns were disclosed by other departments/divisions based
on their review of the proposal.
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. If any provisions of this ordinance are determined to be
invalid or unenforceable for any reason the remaining provisions shall remain
enforce and effect.
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Ordinance 5972
November 29, 2005
Page 5
Section 6. 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.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
D- _ _d v v
City Attorney
PUBLISHED:
Ordinance 5972
November 29, 2005
Page 6