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HomeMy WebLinkAboutITEM VIII-A-11Agenda Subject: Ordinance No. 6148 Amendment to Zoning Code Date: December 11, 2007 Chapter 18.45 -Lea Hill District A. Findings 1. In anticipation of the Auburn City Council accepting the Lea Hill Annexation, staff is proposing amendments to Chapter 18.45, Lea Hill District, to address the urban separator within Lea Hill as outlined in the interlocal agreement between the City and King County. 2. The interlocal agreement between the City of Auburn and King County was adopted by Resolution No. 4113 on November 20, 2006. 3. Urban separators are established in the adopted King County Countywide Planning Policies (amended July 2007) as policy LU-27. 4. The City hosted an open house for the Lea Hill Annexation area to present proposed land use and zoning changes. The proposed code amendment was included in the information available for comment. 5. A Proposed Determination of Non-Significance was issued for the proposed amendments to Chapter 18.45 on September 17, 2007. No comments have been received as of the writing of this report. 6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Office of Community, Trade, and Economic Development (CTED) and other state agencies as required for the 60-day state review. No comments were received from CTED or other state agencies. 7. The public hearing notice was published on September 19, 2007 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for October 2, 2007. 8. The following report outlines the proposed amendments to Chapter 18.45 -Lea Hill District heard by the Planning Commission at the October 2, 2007 public hearing along with their recommendation: Discussion As mentioned above, the City entered into an interlocal agreement with King County. Outlined in that agreement was the City's concurrence with the urban separator area within Lea Hill and zoning the area appropriately. Staff is proposing a LHRS (Lea Hill Single Family Residential) zone for the urban separator area. This designation requires 35,000 sq. ft. minimum lot sizes which is approximately one unit per acre, which is consistent with the current King County zoning of R-1 (1 du/acre). The proposed zoning of Lea Hill will be heard by the City Council at two separate pubic hearings. The proposed code amendment addresses lot averaging/clustering of lots within the urban separator if property is subdivided. The proposed amendments are as follows: • If property is subdivided within the urban separator then lot averaging is required. • At least 50% of the subdivision must contain non-buildable areas. Page 2 of 3 Agenda Subject: Ordinance No. 6148 Amendment to Zoning Code Date: December 11, 2007 Chapter 18.45 -Lea Hill District The minimum lot size shall be 8,000 sq. ft. and consistent with R-1 development standards. Lots shall be clustered to provide a continuity of open space within the subdivision. The intent of the recommended text changes is to allow subdivisions within the urban separator while maintaining significant open spaces. The RS (Single Family Residential) zone states 35,000 sq. ft. minimum lot sizes however the code amendment proposes clustering of lots with a minimum lot size of 8,000 sq. ft for the Lea Hill area. By clustering lots, a larger amount of continuous open space is preserved rather than pockets of open space on larger lots. Included with the agenda bill is a zoning comparison matrix between King County and Auburn. Properties designated urban separator are currently zoned R-1 (1 unit/acre) under King County. Clustering is required by King County if properties are subdivided within the R-1 zone. The proposed code amendment continues that requirement of clustering/lot averaging once the Lea Hill area is incorporated into the City of Auburn. The Planning Commission had several questions on what clustering of lots means and how the open space would remain continuous. Staff responded by explaining lot clustering and that a provision in the proposed code amendment requires open space to be adjoining to other parcels if possible. Planning Commission Recommendation Approval Planning and Community Development Committee Recommendation Approval Page 3 of 3 ~`. ~~ upon request. These lists`may include, but are not limited to: members of block watch programs, community groups, and/or homeowner's associations. The lists shall be provided to the City within 90 days of the effective date of the annexation. b. Annexation of Emergency Response 911 Services: The City and County agree to coordinate the transfer ofemergency response (9i 1) services in the Annexation .Areas, 9. DISTRICT COURT SERVICES TRANSITION. The County will be responsible for the prosecution and payment of any fees or assessments associated with,, misdemeanor criminal cases filed by the County prior.~to the effective date of annexation. The Citywill be responsible for the prosecution of, and payment of court filing fees and other fees associated with misdemeanor criminal'case filed by the City from and a8er the effective date of annexation, regardless of the time of the events from which the misdemeanor arose. 10. STATUS: OF COUNTY EMPLOYEES. Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment status is affected by the change in govenaance of the Annexation Areas- where such County employees make application with the City pursuant to the. City's hiring. process and meet the minimum qualifications for employment with the City, and provided fixrther that the City's consideration of hiring affected sheriff department employees shall be governed by the provisions set forth in RAW 35:13.36Q et seq.. The County shall in a timely manner provide the City with a list of those affected. employees. 11. CITY URBAN SEPARATOR ZONING ON LEA HILL. The City and County agree that prior to the effective date of annexation; the City will. amend its comprehensive land use plan and zoning to designate the entire I.ea Hill Urban Separator at a residential density of one home per acre with mandatory lot clustering and. ensure such zoning is effective as of the effective date of annexation. This shall not preclude the City from seeking a change in the designation of the Lea Hill. Urban Separator in ' the Countywide Planning Policies (CPPs) in the future,. anti if approved, the City would be able to rezone the Lea Hill. Urban Separator consistent .with any such change in the CPPs. 12. ANNEXATION AREA BOUNDARIES TO 1NCLUDE.IIOADWAYS BOLTNDNG AGRICULTURAL PRODUCTION DISTRICTS. The parties.agree that, subject to . . approval by the Boundary Review Boazd, any and-all. county roadways located on the edge of the Annexation.Area adjacent to or abutting the Green River Agricultural. Production `District(s), shall. be included' within the Annexation Area: a. The parties. agree to work collaboratively to resolve issues relating to policing authority:and road maintenance responsibility within the Green River Agricultural` 'Production District, including considering the option of transitioning those responsibilities from the County to the City and/or the Cities of Kent and Federal 8 King County Countywide Planning Policies Updated July 2007 This document includes all amendments approved and ratified through July 2007. If you have questions about the Countywide Planning Policies document, please contact Paul Reitenbach of the Department of Development and Environmental Services at 206.296.6705. LU-26 The lands within Urban Growth Areas shalt be characterized by urban development. The Urban Growth Area shall accommodate the 20-year projection of household and employment growth with a full range of phased urban governmental services. The Countywide Planning Policies shall establish the Urban Growth Area based on the following criteria: a. Include all lands within existing cities, including cities in the Rural Area and their designated expansion areas; b. The Growth Management Planning Council recognizes that the Bear Creek Master Plan Developments (MPDs) are subject to an ongoing review process under the adopted Bear Creek Community Plan and recognizes these properties as urban under these Countywide Planning Policies. If the applications necessary to implement the MPDs are denied by King County or not pursued by the applicant(s), then the property subject to the MPD shall be redesignated rural pur- suant to the Bear Creek Community Plan. Nothing in these Planning Policies shall limit the continued review and implementation through existing applications, capital improvements appropriations or other approvals of these two MPDs as new communities under the Growth Management Act; c. Not include rural land or unincorporated agricultural, or forestry lands designated through the Countywide Planning Policies plan process; d. Include only areas already characterized by urban development.which can be efficiently and cost effectively served by roads, water, sanitary sewer and storm drainage, schools and other urban governmental services within the next 20 years; e. Do not extend beyond natural boundaries, such as watersheds, which impede provision of urban services; f. Respect topographical features which form a natural edge such as rivers and ridge lines; and g. Include only areas which are sufficiently free of environmental constraints to be able to support urban growth without major environmental impacts unless such areas are designated as an urban separator by interlocal agreement between jurisdictions. LU-27 Urban separators are low-density areas or areas of little development within the Urban - Growth Area. Urban separators shall be defined as permanent low-density lands which protect adjacent resource lands, Rural Areas, and environmentally sensitive areas and create open space con idors within and between Urban Areas which provide environmental, visual, recreational and wildlife benefits. Designated urban separators shall not be redesignated in the future (in the 20-year planning cycle) to other urban uses or higher densities. The maintenance of these urban separators is' a regional as well as a local concern. Therefore, no modifications should be made to the development regulations governing these areas without King County review and concurrence. 2. Phasing Development within the Urban Growth Area Development in the Urban Area will be phased to promote ej~cient use of the land, add certainty to infrastructure planning, and to ensure that urban services can be provided to urban development. The minimum densities required by L U-66 help ensure the efficient use of the land. Phasing will further ensure coordination of infrastructure and development. Urban Areas 27 1 iL<^.1rA 8. __ SELf7Jei S1_ _ _ ~ -. ~` ri, f I k ~~ '' ~~ • ~,, - ~ `, P11N St H1P_ ~! ~ ' i~ '.°rE lobs ' ~ v i~ ~~,~ ; ~~ 3 ~ _ ~e tt,R6xer co~alra _.mArs ~` _ 5FJ7ar.~_: ___~ p,Dc.. rx, ke - P~o.' ' - .gA SbF- -. j i _, J. y. C / m i i ~,~ I<T , ~~l'! r :' 8 t. ~ 1. ~ ^iP1 ~. ~ _.._ - ~.L~Sr11~14F1I1 ~ 1{7n~{a{r Ji ..~ __-_-. _.._._,. ._ _ -. _y.. , ~. t \ _,zg sly- _ \~ . .~ •s. ~ ~ ~ \ ~~ T\ -. - :Ql.1NnVilaY ikl ~;~-i:. T 9c i4µfritiY•n`- Ac, ' ,~1 - i{'filly' tf\'l'r is ~D FF Urban Separators: South Overview Ring CaurLLy /~/U(id Rna'AOr/ U4anRnsla9i~1t2Aib:: .Yan VUn:e+.4:r;.nnnl .~=.. :: _ _ - Waln SCgavlws ~ U4on ResMtil,l2Lrnc ~ i ^il ntTn•xbs U4an ROSA>ntl•LSn A1nng Rvxlfl u'.Wlnl lll}gl@c ~, pnl ~^rrvlyfMnnlPikt -•. "'..~. -•~.. IxorynmAg Ngoi IIayUUrrvAOUnrx.x G.nM' rmmvaru%/lixrmv _.. - n.i\~ W.rnI4NYGOTgof - Coemml/8mi•ma uroh~m wa~ aao: ORDINANCE NO.6 1 4 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18.45.090 OF THE AUBURN CITY CODE RELATING TO LOT AVERAGING IN THE LHRS ZONE WHEREAS the City of Auburn is annexing the Lea Hill Potential Annexation Area and entered into a interlocal agreement with King County by Resolution No. 4113; and WHEREAS, that interlocal agreement stated that the City of Auburn would amend its zoning to require a residential density of one home per acre with mandatory lot clustering in the urban separator prior to the effective date of the annexation; and WHEREAS, the urban separator concept is a policy within the King County Countywide Policies accepted by the cities and towns within King County; WHEREAS, the proposed code amendment was transmitted to the Washington State Office of Community Development and other State agencies for the 60 day review period in accordance with RCW 36.70A.106; and WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA), with a final determination of non-significance (DNS) issued October 4, 2007; and, WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission Ordinance No. 6148 December 11, 2007 Page 1 held a public hearing on October 2, 2007 on the proposed code amendment regarding lot averaging in the LHRS zone; and WHEREAS, at the public hearing the Auburn Planning Commission heard public testimony and took evidence and exhibits into consideration and made a recommendation to the City Council on November 7, 2007; and WHEREAS, on December 10, 2007 the Planning and Community Development Committee of the Auburn City Council made a recommendation to the City Council; and WHEREAS, on December 17, 2007, the Auburn City Council considered the proposed code amendment regarding lot averaging in the LHRS zone as recommended by the Planning Commission and .Planning and Community Development Committee; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. AMENDMENT TO CITY CODE That Section 18.45.090 of the Auburn City Code, entitled "Lot Averaging -LHRS Zone," regarding lot averaging, is amended to read as follows: 18.45.090 Lot averaging -LHRS zone. It may be possible to subdivide land in the LHRS zoned~epe~y into lots smaller than 35,000 square feet if the property has a significant amount of nonbuildable land due to steep slopes, wetlands or similar features that would be in the public's best interest to maintain. If the property is located within a designated urban separator as identified by the King County Countywide Planning Policies lot averaginq shall be reauired The following regulations shall apply in situations where lot averaginq is permitted or required: A. At least 530 percent of the subdivision must ,be set aside ^ +~^^ ~~^^^c c^~ ::~°±!~n~_,as open space Critical areas (i.e. steep slopes, wetlands) can count towards the 50 percent requirement. ~1~~. Maintenance of the open space tract or easement shall be the responsibility of the property owner and/or a Homeowners Association. Ordinance No. 6148 December 11, 2007 Page 2 B. The number of allowable lots in a subdivision shall be determined by multiplying the total number of acres in the subdivision by one. Any fraction shall be rounded to the nearest whole number with one-half being rounded up. C. The minimum size of any lot shall be X88-8.000 square feet. For lots less than 35,000 square feet, the minimum lot dimensions (minimum lot width and minimum lot depth) shall be consistent with the requirements of the R-1 (Single Family Residential) zone (Auburn City Code Section 18.12.040(8) and (C)) ' ~+n.+ +ho ~„+ .ion+-, ;~ ~ ~n feo+. All other applicable development standards related to -~-,-- - - the LHRS zone will continue to apply. D Lots within the subdivision shall be clustered so as to provide for continuity of open space within the subdivision and where possible, with adjoining parcels. EB. Each lot within a subdivision shall illustrate a building area within which the house, accessory structures, and parking areas shall be constructed. The building area shall be exclusive of setbacks, nonbuildable areas or any required buffers from the nonbuildable areas. Any preliminary plat, final plat or short plat shall illustrate the building area for each lot. Any future construction will be limited to the identified building area. F€. A native growth protection easement or similar device, which may include provisions for the limited removal. of vegetation and passive use of the easement, that perpetually protects the nonbuildable areas1 must be recorded with the final plat or short plat. (Ord. 5342 § 2, 2000.) Section 2. CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any portion of the code amendment adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation to include incorporating into one document the adopted Lea Hill Annexation Pre-Zoning, attached hereto as Exhibit "A" and preparing and publishing the amended Comprehensive Zoning Map upon the effective date of the Lea Hill Annexation. -------------------------- Ordinance No. 6148 December 11, 2007 Page 3 Section 4. 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 APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6148 December 11, 2007 Page 4