HomeMy WebLinkAboutITEM VIII-A-1~ `
CITY OF
A~~~~~.N AGENDA BILL APPROVAL FORM
~~ WASHINGTON
Agenda Subject: Ordinance No. 6153, an amendment to the City of Date: January 15, 2008
Auburn Zoning Code to add a new Chapter 18.45A entitled "West Hill
Annexation Area" ZOA07-0004
Department: Planning, Attachments: Ordinance No. 6153; new Budget Impact: NA
Buildin and Communit ACC 18.45A
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6153.
Background Summary: On August 21, 2007, the voters of the Lea Hill and West Hill annexation areas
voted to approve an annexation election (separate elections) to the City of Auburn. The annexation of
these areas became effective January 1, 2008. The West Hill annexation area is approximately 1.8
square miles in size with approximately 4,500 residents. It is primarily single family residential in
character. A significant amount of development has occurred over time in accordance with King County
land use standards.
The City of Auburn and King County have differing land use development standards (i.e. lot size,
setbacks etc). As a result, annexation would make much of the existing single family development non-
conforming to City of Auburn standards. Property owners that may wish to do a minor addition would not
be able to do so without making application for and receiving approval of a variance, even thought that
addition would be in character with their immediate neighborhood,
To minimize the amount of non-conforming development resulting from the annexation, a new chapter
(18.45A) to the Auburn Zoning Code entitled West Hill Annexation Area is proposed. This chapter would
apply to the area annexed effective January 1, 2008. Among other items, it acknowledges certain pre-
existing development standards.
The proposed amendment is patterned after and, is almost identical to, Auburn City Code (ACC) Chapter
18.45 entitled Lea Hill (LH) District. ACC Chapter 18.45 was adopted by the Auburn City Council in
February 2000 with the same intention as this proposal, that is, to limit the amount of non-conforming
development that would occur for annexation of the Lea Hill annexation area.
The Planning Commission conducted a public hearing on the proposal at their December 11, 2007
meeting. No one testified either in favor or against the proposal. The Commission voted 5-0 to
recommend approval by the City Council. L0122-2 03.1, 03.4.2.1.2
Reviewed by Council 8~ 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
^ Information Services
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/
Tabled Until _/_/_
Councilmember: Norman Staff: Baker
Meeting Date: Januar 22, 2008 Item Number: VIII.A.1
At$LTRN * MoR~ THAN YOU 1MAGIN~D
Agenda Subject: Proposed Zoning Code Amendments (ZOA07-0004) Date: January 15, 2008
FINDINGS OF FACT
1. On August 21, 2007, the voters of the Lea Hill and West Hill annexation areas voted (in separate
elections) to approve the annexation of their areas to the City of Auburn.
2. The West Hill annexation area is 1.8 square miles in area, with approximately 4,500 residents. This
is an area much larger in size and population than typical annexations that the City has
implemented.
3. The West Hill annexation area is primarily developed for residential uses. A significant amount of
development has occurred over time in accordance with King County standards, which differ from
those of the City.
4. On February 7, 2000 the City Council of the City of Auburn adopted Ordinance No. 5342. Ordinance
No. 5342 established similar standards and provisions for the original Lea Hill Annexation area in
anticipation of annexation of that (Lea Hill) area in order to minimize non-conforming development
and the need to have standards in place that recognize the pre-existing development pattern. This
ordinance was codified as Auburn City Code (ACC) Chapter 18.45.
5. Proposed Chapter 18.45A is patterned after ACC Chapter 18.45 (Lea Hill District). The proposed
ordinance provides for two sets of development standards as follows:
A. For Existing or Vested Development
To recognize existing development that has occurred or is vested (i.e. County has acknowledged
an application is complete but it has not yet been approved/built) proposed ACC section
18.45A.040 will apply.
ACC section 18.45A.040 lists certain land use development standards based upon King County
standards. The application of these standards to existing or vested development will minimize
the amount of non-conforming development in the annexation area.
B. Properties not developed or vested
For those properties that are not developed or vested, the development standards of the specific
City zone (see proposed section 18.45A.080) will be used, with the exception of farm animals.
6. The West Hill annexation area code amendment does provide for greater flexibility for the keeping of
farm animals than would be the case under current city standards (although the proposed standards
are the same as provided for in the Lea Hill annexation area (ACC Chapter 18.45). This recognizes
that the West Hill annexation area has historically permitted farm animals as allowed under King
County regulations. The code provision will allow this activity to continue within certain standards.
7. The proposed amendment would, for example, enable property owners in existing residential
neighborhoods the ability to continue to develop their properties (i.e. make additions, etc.) in keeping
with the character of their neighborhood and without the need for making application for a variance or
other land use action.
8. A proposed SEPA Determination of Non-Significance (DNS) was issued on the proposed code
amendments (attached) on November 20, 2007. No comments have been received as of the date of
writing this report.
9. On November 6, 2007, notice of the proposed code amendments was provided to the Washington
State Department of Community, Trade and Economic Development (DOTED) and other State
agencies, pursuant to RCW 36.70A.106. Expedited review has been requested and no comments
have been received from any agency as of this date.
Page 2 of 3
Agenda Subject: Proposed Zoning Code Amendments (ZOA07-0004) Date: January 15, 2008
10. On December 11, 2007, the City of Auburn Planning Commission conducted a public hearing on the
proposed amendment. No one from the public testified. The Commission voted 5-0 to recommend
approval of the proposal by the City Council.
11. On January 14, 2008, the Planning and Community Development Committee of the Auburn City
Council voted to forward Ordinance No. 6153 forward to full Council with a recommendation of
adoption.
Page 3 of 3
ORDINANCE NO. 6153
AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, ADDING A NEW CHAPTER 18.45A
ENTITLED "WEST HILL ANNEXATION AREA" TO THE
AUBURN CITY CODE, ADDRESSING ZONING
STANDARDS FOR THE RECENTLY ANNEXED WEST
HILL AREA.
WHEREAS, from time to time amendments to the City of Auburn zoning code are
appropriate to update and better reflect the current development needs of the City; and,
WHEREAS, on August 21, 2007 voters of an area commonly referred to as the
"West Hill Annexation Area" voted to annex into the City of Auburn; and,
WHEREAS the effective date of the West Hill Annexation was January 1, 2008;
and;
WHEREAS, development allowed by King County was permitted under different
development standards than that provided for by the City of Auburn; and,
WHEREAS, developing a code amendment to address certain differing
standards would minimize the amount of non-conforming development when the area is
annexed into the City; and,
WHEREAS, similar provisions were developed and adopted by the City for the
Lea Hill Annexation Area in the year 2000 and are also being applied to the recently
annexed portions of Lea Hill; and,
WHEREAS, on December 11, 2007 the City of Auburn Planning Commission
held a public hearing on the proposed amendments and made a recommendation of
approval to the City Council; and,
Ordinance No. 6153
1 /15/2008
Page 1 of 5
WHEREAS, on January 22, 2008, ,the City Council of the City of Auburn
considered the Auburn Planning Commission recommendation;
WHEREAS, environmental review on the proposal in accordance with the
requirements of the State Environmental Policy Act (SEPA) has been completed; and,
WHEREAS, the proposal was sent to State agencies for the State review in
accordance with RCW 36.70A.106 and no comments were received;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption. Anew chapter to Auburn City Code (ACC), Chapter
18.45A, "West Hill Annexation Area" is hereby adopted as follows:
Chapter 18.45A
WEST HILL ANNEXATION AREA
Sections:
18.45A.010 Purpose.
18.45A.020 Permitted uses.
18.45A.030 Development standards.
18.45A.040 Development standards -Lots previously approved.
18.45A.050 .Prior King County approvals.
18.45A.060 Planning director authorization.
18.45A.070 Farm animals.
18.45A.080 ACC Title 18 applicable.
18.45A.010 Purpose.
The purpose of this Chapter is to provide for development standards to address the area
commonly referred to as the West Hill Annexation Area, as annexed under City of Auburn
Ordinance No. 6122. This chapter provides for specific zoning requirements to the West Hill
annexation area that only apply to the annexation area. While the intent is that the standards for
the West Hill-annexation area will be similar to (if not the same as) the other City of Auburn
zoning districts, some variations are needed to recognize previous development allowed by
King County zoning.
Ordinance No. 6153
1 /15/2008
Page 2 of 5
18.45A.020 Permitted uses.
The uses permitted in the zones, established by ACC 18.06.010, whether permitted outright or
by conditional use permit, shall be as provided for the applicable zoning district, with the
exception of farm animals, then ACC 18.45A.070 shall apply.
18.45A.030 Development standards.
The development standards and supplemental development standards for those properties not
covered by ACC 18.45A.040 shall be as provided for the applicable zoning district, with the
exception of farm animals, then ACC 18.45A.070 shall apply.
18.45A.040 Development standards -Lots previously approved.
A. For any residential lot that had received final plat approval, final short plat approval,
preliminary plat approval or that King County had received and determined the application
complete for a preliminary plat or short plat, prior to the effective date of annexation, the
development standards in the following table shall apply. The property owner/applicant shall be
responsible to provide evidence of these previous approvals/decisions.
B. Any further subdivision of any lot and its subsequent use must conform to the permitted
uses and standards referenced in ACC 18.45A.020 and 18.45A.030, with the exception of farm
animals, then ACC 18.45A.070 shall apply.
Min. Min.
Lot
Min.
Min. Max. Lot
Coverage
Minimum Setbacks* Max. Building
Height
Zoning
District Lot
Area Area/
Unit Lot
Width Lot
Depth
(%)
Front
Rear
Side
Side Street
Main
Acc.
RS 8,000 N/A 35 0 35 20 5 5 10 35 35
R1 2,500 N/A 30 0 35 10 5 5 10 35 16
R2 2,500 6,000 30 0 35 10 5 5 10 35 16
* Garages and other similar structures with a vehicular access require a 20-foot setback from
any street.
18.45A.050 Prior King County approvals.
The City of Auburn will recognize the terms of any King County approved plat, PUD, conditional
use permit, contract rezone or similar contractual obligations that may have been approved prior
to the effective date of the annexation of the subject property. The conditions of any project that
was approved by King County shall be required to be fulfilled in the City of Auburn.
18.45A.060 Planning director authorization.
The planning director shall be authorized to interpret the language of any King County permit,
plat or condition thereof and effectuate the implementation of same to the fullest extent possible.
If there is a conflict between a previous King County approval and the Auburn regulation, then
the most restrictive provision shall apply as determined by the planning director.
18.45A.070 Farm animals.
A. In the RS, R1 and R2 zones within the West Hill Annexation Area, it is permissible to
keep farm animals (excluding goats and swine in the R1 and R2 zones); provided, there shall
not be more than one horse, cow, donkey or other similar large animal, or four small animals
Ordinance No. 6153
1 /15/2008
Page 3 of 5
such as sheep, or 12 poultry, rabbits, or similar size animals per each acre of enclosed usable
pasture or roaming area. This acreage requirement is in addition to the minimum lot size
requirements of the applicable zone.
B. Shelters provided for farm animals shall be constructed no closer than 50 feet from any
adjoining lot and no closer than 100 feet from any public street or alley. Any corral, exercise
yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture
areas.
C. For those properties that do not meet the requirements of subsection A of this section,
and farm animals were present prior to annexation, the farm animals may remain as legal
nonconforming uses. In such case the number of farm animals allowed may be the same as
what the county zoning provisions had allowed prior to the effective date of the annexation of
the subject property.
18.45A.080 ACC Title 18 applicable.
Unless otherwise provided for in this chapter all provisions and requirements of this title shall
apply to the West Hill Annexation Area.
Section 2. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. 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 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:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Ordinance No. 6153
1 /15/2008
Page 4 of 5
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM
eph c ,
Assistant City Attorney
PUBLISHED:
Ordinance No. 6153
1/15/2008
Page 5 of 5