The URL can be used to link to this page

Home My WebLink About11-06-2006 ITEM VIII-A-2A TY OF V BURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6058, approving a rezone from "I" Date: Institutional to R-3 Duplex Residential zone October 31, 2006 Department: Planning Attachments: Ordinance No. 6058 Budget Impact: NA Administrative Recommendation: City Council introduce and adopt Ordinance No. 6058. Hearing Examiner recommends the City Council approve the requested change in zoning based upon the decision issued on August 23, 2006. Background Summary: First Free Methodist Church, represented by Mike Luna of Sadler/Barnard and Associates, requested a change in zoning of one 0.97 acre parcel from "I" Institutional Use Zone to "R3" Two -Family (Duglex) Residential Zone. The site is located on the south side of 3rd Street SE, directly west of 1322 3r Street SE. The Hearing Examiner conducted a public hearing on this matter on August 15, 2006 and issued a decision recommending approval on August 23, 2006. L1106-2 03.8 REZ06-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor y ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks El Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: []Yes ❑No Council Approval: ❑Yes [--]No Call for Public Hearing Referred to Until Tabled Until / Councilmember: Norman Staff: Davolio Meeting Date: November 6, 2006 Item Number: VIII.A.2 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 6058 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CHANGE OF ZONING FOR THE FIRST FREE METHODIST CHURCH FROM "I" INSTITUTIONAL TO R-3 DUPLEX RESIDENTIAL WHEREAS, the City of Auburn received an application for a change in zoning from the existing "I" Institutional Zone to R-3 Duplex Residential for a 0.97 acre site identified as King County Parcel Number 2149800275, located on the south side of 3rd Street SE, directly west of 1322 3rd Street SE (City File No. REZ06-0002), and WHEREAS, on August 15, 2006, the Hearing Examiner conducted a duly noticed public hearing on the matter and on August 23, 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 by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT: 1. The Applicant requests a rezone of one parcel of land, approximately 0.97 acres in area, from Institutional Use (1) to Two -Family (Duplex) Residential (R3). The property is a long narrow site located directly west of 1322 3rd Street SE, extending south of 3rd Street SE to the Burlington -Northern railroad line. Ordinance No. 6058 Page 1 of 6 October 31, 2006 2. The Applicant, First Free Methodist Church, is interested in selling the property, and the rezone is a condition of the sale. The property is currently vacant. 3. The purpose of the existing "I" zoning designation is to prove areas for public and quasi -public uses, including educational, governmental, theological, recreational, and cultural uses, but not intended to include smaller uses consistent with and permitted in other zones. 4. The purpose of the desired R3 zoning designation is to permit a limited increase in population density in those areas to which this classification applies by permitting two dwelling units on a minimum size lot while at the same time, by means of the standards and requirements set forth in this chapter, maintaining a desirable family living environment by establishing minimum lot areas, yards and open spaces. This zone provides a transition between single-family areas and other intensive designations or activities which reduce the suitability for single-family uses. The Burlington -Northern railroad and State Route 18 may be examples of such intensive use. 5. The Applicant successfully petitioned for a change in the Comprehensive Plan land use designation from Public/Quasi-Public to Medium Density Residential. 6. Properties to the east and west of the site are within the City of Auburn and have Comprehensive Plan land use designations of "Moderate Density Residential," and are zoned for R3 Two -Family (Duplex) Residential use. Properties to the north are designated Public/Quasi- public under the Comprehensive Plan, and are zoned "I" for Institutional use, and currently used for single family residences. The subject property is the only site south of 3rd Street SE which is currently zoned "I". Property to the south of the subject property is designated Single Family Residential, and zoned for R4 Multiple Family Residential, but is used for the Burlington Northern railroad tracks and State Route 18. 18 of the 36 developed lots in the immediate vicinity are currently developed with multiple family residences, and the other 18 lots contain single family residences. There are also 5 vacant lots in the vicinity. Ordinance No. 6058 Page 2 of 6 October 31, 2006 7. The City of Auburn Comprehensive Plan land use designation of the subject property is "Medium Density Residential." Per Land Use Policy LU -34, one purpose of the Medium Density Residential designation is to provide a buffer between single family areas and areas of more intense use. The railroad tracks and highway to the south of the property may be examples of a more intensive use. 8. The change in use contemplated by the rezone would allow the property to be developed consistent with the neighborhood's character, and the City's Comprehensive Plan. Development during the past ten years has leaned towards moderate density housing such as duplexes. 9. The City of Auburn acted as lead agency for review of environmental impacts caused by the proposed rezone. The City issued a Final Determination of Non -Significance (DNS) for the proposed rezone on July 18, 20061. It was not appealed. The City will consider any potential development separately. 10. 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 August 5, 2006. There was no public comment on the rezone application. CONCLUSIONS OF LAW 1. The proposed rezone would be consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject property is Medium Density Residential. The requested R3 zoning would implement this designation, allowing for multifamily residential development. Findings Nos. 4, 5, 6, 7, and 8. 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 R3 zoning would be compatible with the residential zoning of surrounding 1 In determining the environmental impacts of the proposed rezone, the City used the environmental checklist submitted by the Applicant in 2005 for consideration of amendment of the property's Comprehensive Plan land use designation. Ordinance No. 6058 Page 3 of 6 October 31, 2006 properties to the east, west, and north and the Comprehensive Plan. Neither the City Staff nor the Hearing Examiner is recommending any modifications to the proposed rezone. Findings Nos, 4, 6, 8, and 9. 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 single family development to the north and multifamily development to the east and west. 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 medium density housing would be consistent with the Comprehensive Plan. Findings Nos. 4, 5, 6, 7, and 8. 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 requested rezone (Case File No. REZ06- 0002) to change the zoning of property identified as King County Parcel No. 2149800275 and legally described as: "TRACT 30 OF EAST AUBURN ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 41, IN KING COUNTY, WASHINGTON" from "I" Institutional to R-3 Duplex Residential zone is hereby approved. 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 Ordinance No. 6058 Page 4 of 6 October 31, 2006 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. 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. Ordinance No. 6058 Page 5 of 6 October 31, 2006 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk DWel B. Herdt; Eity Attorney Ordinance No. 6058 Page 6 of 6 October 31, 2006