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Home My WebLink About05-11-2006 ITEM VIII-A-4A"'i YOF - YY 1 tU1 WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6027 to approve the Cary Lang Rezone: Date: REZ06-0001 May 8, 2006 Department: Planning, Attachments: Please refer to Exhibit List Budget Impact: NA Building and Community Administrative Recommendation: City Council introduce and adopt Ordinance No. 6027. Background Summary: OWNER/APPLICANT: Cary Lang Construction on behalf of Patricia Campbell, Maryllyn Spencer, and Stephen M. Jones REQUEST: Change in zoning of two parcels from LHR1, Single Family Residential to LHR2, Single Family Residential LOCATION: The properties are located at 31720 116th Ave SE and 31808 116th Ave SE. EXISTING LAND USE: Single family home at 31808 116th Ave SE. Church and associated buildings at 31720 116th Ave SE. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential SEPA STATUS: A Final DNS was issued on March 27, 2006. L0511-3 03.8 REZ06-0001 eviewed by qoyncil & Committees: eviewed by epartments ivisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Z Planning & CD Z Fire Z Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: YesNo Council Approval: HYesLJNoCall for Public Hearing Referred to Until Tabled Un$F-- T T Councilmember: Norman Staff: Krauss Meeting Date: May 11, 2006 Item Number: VIII.A.4 AUBURN * MORE THAN YOU IMAGINED Agenda Subject Date: Application No. REZ06-0001 May 11, 2006 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: 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 Exhibit9 Aerial Photograph Exhibit 10 Pages 1, 6, 7, and 37 of the Lea Hill Task Force Principles for Annexation Report to the City of Auburn City Council, adopted December 15, 1997 FINDINGS OF FACT: 1. Cary Lang Construction has applied for a rezone of two pieces of property which are accessed off of 116th Avenue SE. The properties were recently annexed into the City of Auburn. The applicant is seeking to change the zoning of these properties to facilitate future single-family residential development. 2. The rezone site at 31808 116th Ave SE is approximately 107,157 sq. ft. (2.46 acres) in size and contains a single family residence, an older 970 sq. ft. home. 3. The rezone site at 31720 116th Ave SE is approximately 128,502 sq. ft. (2.95 acres) in size and contains a 4,632 sq. ft. church and associated buildings constructed in the 1970's. Therefore, the total area proposed for rezoning is 5.41 acres. 4. The applicant has filed an environmental checklist that addresses only the rezone, not future development of the properties. 5. The majority of the surrounding area is within unincorporated King County. All surrounding development is residential consisting mostly of single family homes. Page 2 of 4 Comprehensive Zoning Land Use Pian North Single Family Unincorporated King Single family Residential County, R-4- residential Residential 4 du/ac develo iment South Single Family Unincorporated King Single family home Residential County, R -6 - Residential 6 du/ac East Single Family Unincorporated King Single family Residential County, R-6- residential Residential 6 du/ac develo iment West Single Family LHR2, Single Family Single family Residential Residential residential development 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 Exhibit9 Aerial Photograph Exhibit 10 Pages 1, 6, 7, and 37 of the Lea Hill Task Force Principles for Annexation Report to the City of Auburn City Council, adopted December 15, 1997 FINDINGS OF FACT: 1. Cary Lang Construction has applied for a rezone of two pieces of property which are accessed off of 116th Avenue SE. The properties were recently annexed into the City of Auburn. The applicant is seeking to change the zoning of these properties to facilitate future single-family residential development. 2. The rezone site at 31808 116th Ave SE is approximately 107,157 sq. ft. (2.46 acres) in size and contains a single family residence, an older 970 sq. ft. home. 3. The rezone site at 31720 116th Ave SE is approximately 128,502 sq. ft. (2.95 acres) in size and contains a 4,632 sq. ft. church and associated buildings constructed in the 1970's. Therefore, the total area proposed for rezoning is 5.41 acres. 4. The applicant has filed an environmental checklist that addresses only the rezone, not future development of the properties. 5. The majority of the surrounding area is within unincorporated King County. All surrounding development is residential consisting mostly of single family homes. Page 2 of 4 Agenda Subject Date: Application No. REZ06-0001 May 11 2006 6. Chapter 18.45 (Lea Hill District) of ACC contains a provision that addresses subsequent development of parcels within the Lea Hill area. Section 18.45.040(8) is as follows: "B. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in ACC 18.45.020 and 18.45.030, with the exception of farm animals, then ACC 18.45.070 shall apply." For the LHR2 designation, sections 18.45.020 and 18.45.030 refer to the R2 requirements as contained in Chapter 18.14 (R-2 Single Family Residential District). 7. The R2 (Single Family Residential) zone district allows residential uses with other limited uses via a conditional use permit (see ACC 18.14.020, 030). The intent of the R2 zone is "...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. Multiple family dwellings may be permitted as conditional uses only to the extent such uses conform to guidelines of the comprehensive plan." 8. The R2 zone development standards including setbacks and lot requirements are contained in ACC 18.14.040. 9. On March 27, 2006, the SEPA Responsible Official issued a Final Determination of INon- Significance (DNS) for the proposed change in zoning of the properties. 10. On March 2, 2006, notice of the proposed change in zoning was provided to the Washington State Department of Community, Trade and Economic Development and other State; agencies, pursuant to RCW 36.70A.106. No comments have been received from any agency as of this date. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. The Lea Hill Task Force Principles for Annexation Report to the City of Auburn City Council (Exhibit 10) was adopted on December 15, 1997, as part of the City's Comprehensive Plan. This document addresses appropriate future zoning designations for properties in the Lea Hill area. The two parcels requesting rezones are designated for R-2 (Single Family Residential) in the Report. The properties subject to this rezone request are designated as "Single Family Residential" on the Comprehensive Plan Map. The appropriate zoning assignments for implementation of this designation are R-1 Single Family Residential and R-2 Single Family Residential. 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 initiated by the property owners. Page 3 of 4 Agenda Subject Date: Application No. REZ06-0001 May 11, 2006 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. Given the small amount of land involved in this request, 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. The properties were recently annexed into the City of Auburn and, pursuant to ACC 18.02.050, were given an LHR1 Single Family Residential zoning designation. Not enough time has passed for there to be a change in conditions since that time. Prior to annexation, the properties were zoned R-6 in King County. The requested zone change will establish a district similar to the pre -annexation zoning. 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. The rezone will allow for future residential development in a manner consistent with current development in the area. 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 with no conditions of approval. 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 Page 4 of 4 ORDINANCE NO. 6027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CHANGE OF ZONING FOR CARY LANG CONSTRUCTION ON BEHALF OF PATRICIA CAMPBELL, MARYLLYN SPENCER, AND STEPHEN JONES FROM LHR1 SINGLE FAMILY RESIDENTIAL TO LHR2 SINGLE FAMILY RESIDENTIAL WHEREAS, the City of Auburn- received an application for a change in zoning from the existing LHR1 Single Family Residential Zone (tax parcels 0921059095 and 0921059065) to LHR2 Single Family Residential for properties commonly known as 31720 116th Ave SE and 31808 116th Ave SE (City File No. REZ06-001); and WHEREAS, on April 18, 2006, the Hearing Examiner conducted a duly noticed public hearing on the matter and on May 3, 2006, issued a decision recommending the City Council approve the rezone, with no conditions; and WHEREAS, final approval is appropriate for City Council action; and WHEREAS, based on the review given this rezone application by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. The Applicant requests a rezone of two parcels of land, totaling approximately 5.41 acres, from Single -Family Residential (LHR -1) to Single - Family Residential (LHR -2). The subject property is comprised of two contiguous parcels located at 31808 — 116th Avenue SE and 31720 — 116th Ordinance No. 6027 May 11, 2006 Page 1 Avenue SE in Auburn, Washington.' Exhibit 1, Staff Report, Pages 1-2; Exhibit 2, Vicinity Map; Exhibit 3, Rezone Application. 2. The parcel located at 31808 — 116" Avenue SE is 2.46 acres in size. A single family residence is located on the site. The parcel located at 31720 — 116th Avenue SE is 2.95 acres in size. A church and associated buildings are located on the site. Exhibit 1, Staff Report, Page 2, Exhibit 3, Rezone Application. 3. The rezone is not requested in conjunction with an application for development of the site although the Applicant is seeking to change the zoning to facilitate future residential development that would be consistent with the surrounding neighborhoods. Exhibit 1, Staff Report, Page 2; Exhibit 3, Rezone Application; Testimony of Borland. 4. The subject property is located within the Lea Hill (LH) Area, which was recently annexed to the City. As provided in ACC 18.02.050, properties lying within the LH area and not zoned by the City prior to annexation were given the LHR -1 zoning designation upon annexation. Prior to annexation, the King County zoning designation for the subject property was R-6 (Residential 6 dwelling units per acre). Exhibit 1, Staff Report, Pages 1 and 4; ACC 18.02.050; Exhibit 10, Lea Hill Principles of Annexation; Testimony of Borland. 5. Land use regulations for the LH Area are found in Auburn City Code (ACC) Chapter 18.45. The uses permitted in LH zones are stated by reference to specific provisions of the ACC. Permitted uses and development standards within the LHR -1 zone are provided for in ACC 18.12. Permitted uses and development standards within the. LHR -2 zone are provided for in ACC 18.14. 6, Both the LHR -1 and LHR -2 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings with development limited to a relatively low degree of density and both permit ' The site is comprised of two contiguous tax parcels under separate ownerships. The property located at 31808 — 116`s Avenue SE is owned by W.J. Spencer and is referred to as King County Tax Parcel #0921059065. The property located at 31720 — 116th Avenue SE is owned by the Community of Christ and is referred to as King County Tax Parcel# 0921059095. -------------------------------------- Ordinance No. 6027 May 11, 2006 Page 2 single family detached dwellings outright. ACC 18.12.010, .020; ACC 18.14.010, .020. &. The LHR -1 zone requires a minimum lot size of 8,000 square feet. the LHR -2 zone requires a minimum lot size of 6,000 square feet. Under the existing LHR -1 zoning designation, the subject property could be developed with approximately 29 residential lots, or five dwelling units per acre (du/acre). Under the proposed LHR -2 zoning designation, the subjectproperty could be developed with approximately 39 residential lots, or seven du/acre. ACC 18.12.040(A); ACC 18.14.040(A). 8. Surrounding land is primarily located within unincorporated King County. Properties to the south and east are zoned R-6 Residential (6 du/acre). Property to the north is zoned R-4 Residential (4 du/acre). Properties to the west, located within the City, are zoned LHR -2. Single family residential development is located on all surrounding properties. Exhibit 1, Staff Report, Page 2. 9. The Lea Hill Task Force Principles for Annexation (Exhibit 10), adopted in December 15, 1997, identified land uses issues of concern to area residents. The report addressed appropriate future zoning designations for properties within the Lea Hill area, including a zoning designation of LHR -2 for the subject property. The report has been adopted as part of the City's Comprehensive Plan. Exhibit 1, Staff Report, Page 3. 10. The City of Auburn Comprehensive Plan is based on 22 goals; and several objectives and policies to support hoses goals that were developed as a result of and in response to a wide range of issues identified during the Plan's public involvement process. 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. 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. Housing Goal 8, Neighborhood Quality, seeks to conserve the livability of viable residential areas. Policy LU -14 encourages urban densities in the majority of the single-family residentially Ordinance No. 6027 May 11, 2006 Page 3 zoned areas within the City. Exhibit 1, Staff Report, Pages 1, 3, City of Auburn Comprehensive Plan, Housing and Land Use Element. 11. The smaller lot sizes allowed by the requested LHR2 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. The City's overall housing development strategy envisions a socially and economically integrated community with diversity in its housing stock that accommodates all income groups. Residential and community development in the City will promote and sustain an amenable quality of life for a family- oriented community. Auburn Comprehensive Plan, Chapter 4 — Housing. 12. Pursuant to Washington's State Environmental Policy Act (SEPA), RCW 43.21C, the City of Auburn acted as lead agency for the identification and review of environmental impacts caused by the proposed rezone. The City issued a Determination of Non -Significance (DNS) on March 27, 2006. A copy of the DNS was not submitted into the record. There have been no appeals of this determination. Exhibit 1, page 3, Testimony of Borland. 13. Notice of the rezone application was provided to the Washington State Department of Community, Trade, and Economic Development and other state agencies on March 2, 2006. No comments have been received from any state agency. Exhibit 1, Staff Report, Page 3, Testimony of Borland.. 14. Notice of the open record hearing was mailed to properties within 300 feet of the site and posted on the subject property on April 10, 2006. Notice of the open record public hearing was published in King County Journal on April 7, 2006. Exhibits 5, 6, 7, 8, and 8a. There was no public comment on the rezone application. Testimony of Borland. CONCLUSIONS OF LAW 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 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. Ordinance No. 6027 May 11, 2006 Page 4 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 Paduidge 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 Bjamson 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. -------------------------------------- Ordinance No. 6027 May 11, 2006 Page 5 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 property is' Single Family Residential. The requested LHR -2 zoning would implement this designation and provides justification for an assertion of "changed circumstances." The higher densities permitted in the LHR -2 district would be consistent with the City's overall housing strategy, assisting in meeting the needs of the forecasted population growth. Finding:, of Fact Nos, 7, 9, 10, and 11; Bjamson v. Kitsap County, 78 Wash. App. 840 (1995) 2. The City of Auburn did not initiate the proposed rezone. The property owners initiated the proposed rezone of the subject property. Finding of Fact No. 1 and 2: 3. No modification of the proposed rezone is required. The requested LHR - 2 zoning would be compatible with the residential zoning of surrounding properties and the Comprehensive Plan. Neither the City Staff nor the Hearing Examiner is recommending any modifications to the proposed rezone that would intensive the proposal. Findings of Fact No. 7, 8, 9, 10, and 11. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. The subject property is in an area characterized by residential development. 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 density housing would be consistent with the Comprehensive Plan goals and policies. Environmental review was conducted pursuant to SEPA and a DNS was issued. Site specific development conditions would be addressed during site plan review of the residential development to ensure that the public health, safety, and welfare is not adverse impacted. Findings of Fact Nos. 7, 8, 9, 10, 11, .and 12; Parkridge v. Seattle, 89 Wn.2d 454 (1978). Ordinance No. 6027 May 11, 2006 Page 6 NOW THEREFORE, based on the foregoing Findings of Fact and Conclusions, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. The request to rezone tax parcels (0921059095 and 0921059065) from Single Family Residential (LHR1) to Single Family Residential (LHR2) is APPROVED, with no conditions. The properties are identified in Exhibit "A" attached hereto and incorporated herein. Section 2. 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 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 nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. 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. -------------------------------------- Ordinance No. 6027 May 11, 2006 Page 7 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. 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: PASSED: APPROVED: PETER B. LEWIS MAYOR Ordinance No. 6027 May 11, 2006 Page 8 ATTEST: Danielle E. Daskam, City Clerk -------------------------------------- Ordinance No. 6027 May 11, 2006 Page 9 ex rpt bl r A THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 201.5 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 6 OF THE PLAT OF WINDSOR PLACE AS RECORDED IN VOLUME 159 OF PLATS AT PAGES 15 THROUGH 17, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE NORTH LINE OF THE SOUTH 97 FEET OF THE NORTH 4 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE WESTERLY ALONG THE SAID NORTH LINE OF THE SOUTH 97 FEET OF THE NORTH 4 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST AND THE EAST LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE 5346; THENCE NORTHERLY ALONG SAID EAST LINE AND SAID EAST MARGIN TO THE NORTH LINE OF THE SOUTH 201.5 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE EASTERLY ALONG SAID NORTH LINE OF THE SOUTH 201.5 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE POINT OF BEGINNING. Print Map Page (9 King County News I Services I Comments ISearch Page 1 of 1 Spencer Rezone T694G1#494T69Ca0174 T690012U 49214 __— —,..., 3339404023 � ��.,.- 9776900040 547314'13947058Gi 423 4094?fJ46G ' I 33394022 p t 9tT890T17TL�Y__ - I 1321970310i { 94T6b001 G _ , w 4239410470 9478940130 9#76900074 ( j4239414600 Q,4139410d80 i 1 94 900490 <239410590-00 _ t 423907777- 9476900100 33394=213339421 9176904484 9476944060 X239<1G62o - 941060 423941�4d 4231x414 074 3339444075 4921459095 `�� i 1299170660 � 1 9114654 SE,318TH_pL 33344"la 423 4?39t40<1G� W A 42394D" 0921459065 Q.42364OW20 4944190 ��c! 8G 85,20234: 1?3940df`g0�\RO`a7344011T4� 807}3520260 SOMW 70 8478520280 I t42 9440,464 4239407 780 ' �r 4239441190 E 3i$TN_ST, 4921459077--* i `t. 42394GOStKJ' 4239441200 !. 42394405201 4139407117 80785200701 —' — -Y8645600Y0 1 i �42394tl4510 j4239-01270 _ 1e61364450 � T _ + �� '• � 1 0927059119 i � ; j 18645644?0 }8iJ7852{i024� 1236456018 1 18&1560030 Tr — 42 9400530 ! i I f 12364560060 r aG78524034 ___ t» 42 0 42394449241 4s?3944910 —SE -319TH -CT- 80785204Ar7 — f A921459Y4T } I f I �� r 84T852W318 � l86f564tx74 15423�4Lb5i1 PRWAT_E. RD - _nom 1861560124 1861560144 m#239440574 1 80785240 1 130 1861560770 +2239440950 � —�» 1#8613601bD 1861560p8b 0921059100 \ \,f23944G960 aI&MOMI, '4921459242 0921Y86+i3600904JA5919 F 09F13336666f C Parcel Number 0921059095 Address 31720 116TH AVE SE Zipcode Taxpayer CAMPBELL PAT The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timelinesIthi, rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center ( News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. �a+isrr I.. http://www5.metrokc.gov/parcelviewer/Print—Process.asp 3/6/2006 Map Uutput Home fNetiYs S�rvitcs CUrttrra�nts 5car� Page 1 of 1 -, _.-.....s -M- --- ••••— ---v --y sav Yea, 1w+ ejwre=y agree to De DWW by lerm and condl(iom Of the Bite. The detalls. http://www5.metrokc.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&Clie... 1/19/2006 (� REZONE APPLICATION .. ♦•. CL— PROPERTY ................................�..................................................%............................................................ ✓1 V �GJ V�� PROPERTY OWNER'S NAM APPLICATION NUMBER Sec. Twp. Rng.:� 9 —o? �� f} r j'� Zone Existi ng:_W/ Area Code: Zone Request:_ z - Scheduled Public Hearing: Date Received --4 Staff Project Coordinator. ....................................................................... 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. 1 (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: Z ; 2 1 TO LI*R 2 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? + �5 6kI'Ur^� fofis, .. f— Lvoa. d '? Afiv �� B. Explain why there is a need in the area for more zoning of the type requested, and wherever possible, substantiate thus statement with factual data. 3 ,or l ower( Rezone for Hearing Examiner Revised 12rVr2004 /4((N 1 l /�1 [j C. d %y�L✓ �►'1„Q.� Cif /i��i�4 �bi� 'J vcL�S �Lf- j EMBIr 3 Page 4 of 7 C. Why is this zoning compatible with the other existing uses in the neighborhood? SPC `y 4&�j►-fri�i e t,i �� r ie D. Why is this rezone compatible with the existing zoning in the area? .Per (. �►y 4'-"'sj v n.Q-. �� R��•-�y . U E. Why is this rezone consistent with the Comprehensive Plan for the area? t 51-7JI, I's Rezone for Hearing Examiner Revised i2r,4w2oo4 Page 5 of 7 I 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. PARCEL NAME, ADDRESS & PHONE NUMBER SIGNATURE NUMBER (Please Print) 0921059065 SMSpencer Ong r„ // 31808 116' Ave SE !� AuburnWA 98092 Fax number N/A E-mail address N/A PARCEL NAME, ADDRESS & PHONE NUMBER SIGNATURE NUMBER (Please Print) 0921059095 Patricia Campbell 31720116'" Ave SE AuburnWA 98092 Fax number N/A E-mail address N/A AGENT and/or OWNER'S REPRESENTATIVE Name: Cau Lan — Cary-anq Construction Address: 29815 24th Ave SW City/Phone Federal Wav WA 98023 (206)423-5055 Fax number E-mail address CarvLgm@uotmall cpm Indicate Method for Future Notifications Fax Mail X Telephone Rezone for Hearing Examiner Revised 1N612M e�l Z -1 ( f IPCA-Z, E-mail Page 6 of 7 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. PARCEL NAME, ADDRESS & PHONE NUMBER NUMBER (Please Print) 0921059065 W. J. Spencer 31808116' Ave SE Aubum, WA 98092. Fax number N/A E-mail address WA PARCEL NAME, ADDRESS & PHONE NUMBER (Please Print) 0921059095 Reoroanized Church of Jesus Christ LDS 0 eSe v �s 01 S. R' er Street Independence, MO 64050 1-800-825-2806 ext 2221 r SIGNATURE SIGNATURE OF AUTHORIZED AGENT AGENT and/or OWNER'S REPRESENTATIVE Name: Cary Lang — Cary Lana Constriction Address: 29815 24th Ave SW City/Phone Federal Wav, WA 98023 (206) 423-5055 Fax number E-mail address CarvLangAHotmail.com Indicate Method for Future Notifications Fax Mail X Telephone E-mail RezoneReviwd „ ""9` Page 6of7 COMMu"if o � risf GegaCSer n-= Temple Complex 1001 West Walnut Street XWIC% MO 64050 816/833-1 0� 6/5213099 Karan E Minton, General Counsel Michael D MdQ-dey, Aa may SENT: FED EX OVERNIGHT John D. Potts LAND DEVELOPME- OCIATES 23175 224* Plage Ste. A Maple Valley, WA ;13B RE: A00LIDATIM-t[>r Dear Mr. P Lan'y Ft %:r { . Also vrrith44 review M Ple Enclosures cc: BSN McFarGn. Mission Center President Lynn Roberts, Auburn Congregation Penny L Erhvard% Paralegal Robert C. Lewis, Paralegal Katie D Clark Paralegal January 30, 2006 FILE: WA52 Shen M.�w elor to out of the �,_ 140unselor td. 'Of a � r� rx ,N� . rezoning fIh tSr 4 i c Since ly, Penny Pam World Headquarters roof W. Walnut Independence, Missouri 64050-3562 USA Sib -833-1000 www.CofChrist.org CORPORATE RESOLUTION At a duly called meeting of the Board of Trustees of the Reorganized Church of Jesus Christ of Latter Day Saints, an Iowa Not-for-profit Corporation, a/k/a Community of Christ, held at Independence, Missouri this 30th day of January, 2006, the following resolution was unanimously adopted, there being a quorum present and voting throughout: RESOLVED, that the Auburn, Washington Congregation of the F'teorganized Church of Jesus Christ of Latter Day Saints, a/k/a Community of Christ, located at 31720 116th Ave. SE, Auburn, Washington, has been given approval to make application to the City of Auburn, Washington to Rezone from R1 to R2; THEREFORE BE IT RESOLVED, that Stephen M. Jones, Bishop and Counselor to Larry R. Norris, Presiding Bishop of the Reorganized Church of Jesus Christ of Latter Day Saints, is hereby authorized to sign any and all documents relating to the rezoning. Subscribed and sworn to before me, a January, 2006. My Commission Expires: �oN; PENNYL.EDWAMS »ry�,= JacksonCotaty sew �t20p% Q ��' rM rnN 7va,� (_: — R. Paul Davis, Assistant Secretary ic, on this 30th day of l��l,, Public for County of Jac on, State of :Missouri Map Output Page 1 of 1 EXHIBIT 2- httn-//a;cim-,/cPrvlet/cnm.esri.esrimaU.Esriman?ServiceName=auburn new&ClientVersion=... 3/6/2006 EXHIBIT 11 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) NO. REZ06-0001 Cary Lang Construction ) on behalf of the Maryllyn Spencer, ) Patricia Campbell, and ) The Community of Christ ) FINDINGS, CONCLUSIONS AND RECOMMENDATION For Approval for a Rezone. ) SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the Auburn City Council APPROVAL of the request to rezone two parcels of land, totaling approximately 5.41 acres, from LHR -1, Single -Family Residential to LHR -2, Single -Family Residential. SUMMARY OF RECORD Request: Cary Lang Construction on behalf of Maryllyn Spencer, Patricia Campbell, and the Community of Christ (Applicant) requests a rezone of two parcels of land, totaling approximately 5.41 acres from Single -Family Residential (LHR -1) to Single -Family Residential (LHR -2). The subject property is located at 31720 — 116th Avenue SE and 31808 — 116th Avenue SE in Auburn, Washington. Hearin The Hearing Examiner for the City of Auburn held an open record hearing on the request on April 18, 2006. Testimony: The following individuals presented testimony under oath at the open record hearing: 1. Stacy Borland, City of Auburn Planner 2. Matt Seer, Assistant Planner, SM Consulting Engineers, Applicant's Representative Exhibits: The following exhibits were admitted into the record: Exhibit 1 Staff Report, dated April 11, 2006 Exhibit 2 Vicinity Map Exhibit 3 Rezone Application, filed January 30, 2006 Exhibit 4 Notice of Application Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8/8a Confirmation of Publication of Legal Notice Exhibit 9 Aerial photograph Exhibit 10 Lea Hill Task Force Principles for Annexation — Report to the City of Auburn, adopted December 15, 1997 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requests a rezone of two parcels of land, totaling approximately 5.41 acres, from Single -Family Residential (LHR -1) to Single -Family Residential (LHR -2). The subject property is comprised of two contiguous parcels located at 31808 — 116th Avenue SE and 31720 — 116th Avenue SE in Auburn, Washington.' Exhibit 1, Staff Report, Pages 1-2; Exhibit 2, Vicinity Map; Exhibit 3, Rezone Application. 2. The parcel located at 31808 — 116th Avenue SE is 2.46 acres in size. A single family residence is located on the site. The parcel located at 31720 — 116th Avenue SE is 2.95 acres in size. A church and associated buildings are located on the site. Exhibit 1, Staff Report, Page 2; Exhibit 3, Rezone Application. 3. The rezone is not requested in conjunction with an application for development of the site although the Applicant is seeking to change the zoning to facilitate future residential development that would be consistent with the surrounding neighborhoods. Exhibit 1, Staff Report, Page 2; Exhibit 3, Rezone Application; Testimony of Borland. 4. The subject property is located within the Lea Hill (LH) Area, which was recently annexed to the City. As provided in ACC 18.02.050, properties lying within the LH area and not zoned by the City prior to annexation were given the LHR -1 zoning designation upon annexation. Prior to annexation, the King County zoning designation for the subject property was R-6 (Residential 6 dwelling units per acre). Exhibit 1, Staff Report, Pages 1 and 4; ACC 18.02.050; Exhibit 10, Lea Hill Principles of Annexation; Testimony of Borland. 5. Land use regulations for the LH Area are found in Auburn City Code (ACC) Chapter 18.45. The uses permitted in LH zones are stated by reference to specific provisions of the ACC. Permitted uses and development standards within the LHR. -1 zone are ' The site is comprised of two contiguous tax parcels under separate ownerships. The property located at 31808 — 116th Avenue SE is owned by W.J. Spencer and is referred to as King County Tax Parcel #092105906.5. The property located at 31720 — 116`'' Avenue SE is owned by the Community of Christ and is referred to as King County Tax Parcel# 0921059095. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Community of Christ Rezone, REZ06-0001 Page 2 of 6 provided for in ACC 18.12. Permitted uses and development standards within the LHR -2 zone are provided for in ACC 18.14. 6. Both the LHR -1 and LHR -2 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings with development limited to a relatively low degree of density and both permit single family detached dwellings outright. ACC 18.12.010,.020; ACC 18.14.010, .020. 7. The LHR -1 zone requires a minimum lot size of 8,000 square feet. the LHR -2 zone requires a minimum lot size of 6,000 square feet. Under the existing LHR -1 zoning designation, the subject property could be developed with approximately 29 residential lots, or five dwelling units per acre (du/acre). Under the proposed LHR -2 zoning designation, the subject property could be developed with approximately 39 residential lots, or seven du/acre. ACC 18.12.040(A); ACC 18.14.040(A). 8. Surrounding land is primarily located within unincorporated King County. Properties to the south and east are zoned R-6 Residential (6 du/acre). Property to the north is zoned R-4 Residential (4 du/acre). Properties to the west, located within the City, are zoned LHR -2. Single family residential development is located on all surrounding properties. Exhibit 1, Staff Report, Page 2. 9. The Lea Hill Task Force Principles for Annexation (Exhibit 10), adopted in December 15, 1997, identified land uses issues of concern to area residents. The report addressed appropriate future zoning designations for properties within the Lea Hill area, including a zoning designation of LHR -2 for the subject property. The report has been adopted as part of the City's Comprehensive Plan. Exhibit 1, Staff Report, Page 3. 10. The City of Auburn Comprehensive Plan is based on 22 goals; and several objectives and policies to support hoses goals that were developed as a result of and in response to a wide range of issues identified during the Plan's public involvement process. 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. 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. Housing Goal 8, Neighborhood Quality, seeks to conserve the livability of viable residential areas. Policy LU -14 encourages urban densities in the majority of the single-family residentially zoned areas within the City. Exhibit 1, Staff Report, Pages 1, 3; City of Auburn Comprehensive Plan, Housing and Land Use Element. 11. The smaller lot sizes allowed by the requested LHR2 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. The City's overall housing Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Community of Christ Rezone, REZ06-0001 Page 3 of 6 development strategy envisions a socially and economically integrated community with diversity in its housing stock that accommodates all income groups. Residential and community development in the City will promote and sustain an amenable quality of life for a family-oriented community. Auburn Comprehensive Plan, Chapter 4 — ,Housing. 12. Pursuant to Washington's State Environmental Policy Act (SEPA), RCW 43.21C, the City of Auburn acted as lead agency for the identification and review of environmental impacts caused by the proposed rezone. The City issued a Determination of Non - Significance (DNS) on March 27, 2006. A copy of the DNS was not submitted into the record. There have been no appeals of this determination. Exhibit 1, page .3; Testimony of Borland. 13. Notice of the rezone application was provided to the Washington State Department of Community, Trade, and Economic Development and other state agencies on March 2, 2006. No comments have been received from any state agency. Exhibit 1, .Staff Report, Page 3; Testimony of Borland.. 14. Notice of the open record hearing was mailed to properties within 300 feet of the site and posted on the subject property on April 10, 2006. Notice of the open record public hearing was published in King County Journal on April 7, 2006. Exhibits 5, 6, 7, 8, and 8a. There was no public comment on the rezone application. Testimony of Borland. 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 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; Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Community of Christ Rezone, REZ06-0001 Page 4 of 6 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 1'. 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 Findinszs 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 LHR -2 zoning would implement this designation and provides justification for an assertion of "changed circumstances." The higher densities permitted in the LHR -2 district would be consistent with the City's overall housing strategy, assisting in meeting the needs of the forecasted population growth. Findings of Fact Nos. 7, 9, 10, and 11; Bjarnson v. Kitsap County, 78 Wash. App. 840 (1995) 2. The City of Auburn did not initiate the proposed rezone. The property owners initiated the proposed rezone of the subject property. Finding of Fact No. 1 and 2. 3. No modification of the proposed rezone is required. The requested LHR -2 zoning would be compatible with the residential zoning of surrounding properties and the Comprehensive Plan. Neither the City Staff nor the Hearing Examiner is recommending any modifications to the proposed rezone that would intensive the proposal. Findings of Fact No. 7, 8, 9, 10, and 11. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. The subject property is in an area characterized by residential development. The proposed rezone would allow future residential development Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Community of Christ Rezone, REZ06-0001 Page 5 of 6 consistent with existing land uses in the vicinity and with the land use designation for the site. The contemplated density housing would be consistent with the Comprehensive Plan goals and policies. Environmental review was conducted pursuant to SEPA and a DNS was issued. Site specific development conditions would be addressed during site plan review of the residential development to ensure that the public health, safety, and welfare is not adverse impacted. Findings of Fact Nos. 7, 8, 9, 10, 11, and 12; Parkridge v. Seattle, 81) Wn.2d 454 (1978). RECOMMENDATION Based upon the preceding Findings and Conclusions, the request to rezone two parcels of land, totaling approximately 5.41 acres, located at 31808 — 116th Avenue SE and 31720 — 116th Avenue SE in Auburn, Washington from LHR -1 to LHR -2 should be APPROVED. DECIDED this day of May 2006. DRISCOLL & HUNTER Hearing Examiners for City of Auburn By: THEODORE PAUL HUNTER Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Community of Christ Rezone, REZ06-0001 Page 6 of 6