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HomeMy WebLinkAbout42991 3 4 § 6 7 8 9 10 11 12 13 14 1§ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 88/08..'"30 F,.-_._.[., F ORDINANCE NO. 4 2 9 9 AN ORDINA~E"OF':TNE CITY qF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF PROPERT¥~O~E.Q.~iE~ST~OF THE NORTHEAST CORNER OF "I" AND 40TH STREETS N.E., WITHIN THE C~T¥ OF AUBURN, WASHINGTON, CHAN~ING THE ZONING CLASSIFICATION THEREOF FRO~ R-2 (SINGLE FAMILY) TO R-4 (~ULTI-FA~IL¥). WHEREAS, Application Number 20-88 has been submitted to the Council of the City of Auburn, Washington, by FAIRFIELD DEVELOPMENT, INC., requesting the rezoning of the real property hereinafter described in Section 1 of this Ordinance, which application was dated May 27, 1988; and WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on June 21, 1988, at the conclusion of which the Hearing Examiner recommended the approval of the rezoning of the said property based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT The applicant, Fairfield Developments Inc., applies for a rezone from R-2, Single Family Residential District, to R-4, Multiple Family Residential District. 2. The subject site is 6.74 acres (proposed rezone area) in size and is located east of the northeast corner of "I" St. N.E. and 40th Street N.E. The Comprehensive Plan designates the subject site as high density resi- dential and the existing land use is vacant. Surrounding zoning and land uses in vicinity include R-2, Vacant, to the north; R-2, RMHP, Vacant and Mobile Home Park to the south; R-2, Vacant, to the east; and R-2/C-3, Single and Multiple Family to the west. Land to the west of the site is designated high density residential in the Comprehensive Plan. The site was evaluated within an Environmental Impact Statement for the 83 acre Fairfield and Golden Meadows development which is presently under two separate ownerships divided approximately equally. Although there is no site specific development proposal, the applicant is proposing to construct 122 multiple family units. These units if approved would generate approximately 808 vehicle trips per day. 6. The rezone as proposed is inconsistent with the Final Environmental Impact Statement which contemplated a rezone of 5.16 acres containing 93 multiple Ordinance No. 4299 Page One 7/27/88 1 2 3 4 § 6 7 8 9 10 11 12 13 14 1§ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 family units. Accordingly, before the City Council could consider this proposal, additional environmental analysis under SEPA would be required' 7. Neighbors in the vicinity strongly oPpose additional multi-family develop- ment. 8. The site has access to 40th Street N.E. and "I" Street N.E. which are designated as planned arterials by the Comprehensive Plan. 9. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW 1. The rezone as proposed complies with Comprehensive Plan Policy 18.0.3 which approves of interim spot zoning if such zoning is consistent with the Comprehensive Plan. In this instance, the change in character of the "I" Street Corridor is fully recognized in the 1987 Area Zoning Process which makes the subject site appropriate for multiple family developments. 2. If properly conditioned, the rezone is in compliance with the Comprehensive Plan and the applicant has met his burden of establishing that multiple family zoning is appropriate. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this application for a rezone is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS THAT: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. The property located east of the northeast corner of "I" and 40th Streets N.E., situate in the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from R-2 (Single Family) to R-4 (Multi-Family}, legally described on attached Exhibit "A": Section 3. The easterly boundary of the rezone area shall be located 637' east from the centerline of "I" Street N.E., excluding the proposed 60' wide drainage channel. Section 4. Park land shall be dedicated to the City along the Green River corridor as required by the Auburn Parks Director, based on 7.25 acres per 1,000 persons, in conjunction with future land use actions on the remaining Ordinance No. 4299 Page Two 7/27/88 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 easterly portion of the Fairfield Development parcel. Section 5. The undeveloped portion of "I" Street N.E., between 37th Street N.E. and 40th Street N.E., shall be dedicated prior to the issuance of construction permits, and constructed to a full arterial street standard, as required by the Public Works Director, prior to occupancy of any buildings. Section 6. 40th Street N.E. shall be dedicated prior to the issuance of construction permits, and constructed to full arterial street standards from "I" N.E. to the easterly boundary of the R-4 District rezone site, as required by the Public Works Director, prior to occupancy of any buildings. Section 7. Secondary dedicated and fully constructed public street access shall be provided to the site by means of the easterly extension of 38th Street N.E. or 41st Street N.E. from "I" Street N.E., as required by the Public Works Director, prior to occupancy of any buildings. The appropriate alignment shall be dedicated prior to the issuance of construction permits. Section 8. In addition to meeting landscaping requirements of the Auburn Zoning Code, a ten foot wide landscaped buffer shall be located along the north property line of the rezone area, and along the south side of 40th Street N.E. (as extended east), as required by the Planning Director. Street tree plantings may be substituted for the southerly buffer. The design of the buffers shall be approved prior to the issuance of construction permits and shall be installed prior to the occupancy of any buildings. Section 9. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk for the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 10. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 4299 Page Three 7/27/88 1 3 4 § 6 7 8 9 10 11 12 13 14 1§ 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 11. 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: AUGUST l, 1988 PASSED: AUGUST l, 1988 ATTEST: APPROVED: AUGUST 1, 1988 RObin Wohlhueter, Cfty Clerk APPROVED AS TO FORM: Margu6rite Schellentrager, City Attorney PUBLISHED: AUGUST 7, 1988 Ordinance No. 4299 Page Four 7/27/88 ORDINANCE NO. 4299 EXHIBIT "A" TRACT X of PARCEL A : That portion of the George E. King Donation Claim No. 40 in Sections 31 and 32, Township 22 North, Range 5 East W.M., AND Section 6, Township 21 North, Range 5 East W.M., described as follows: Beginning at a point on the West line of said King Donation Claim, 651.53 feet South of the Southeast corner of W. A. Cox Donation Claim No. 38 being a point on the line described in that "boundary line agreement" recorded under King County Recording No. 7903021118; thence South 88°46'00'' East along said line 2,167.39 feet to the true point of begin- ning; thence South l°47'59'' West parallel to the West line of said King Donation Claim, 673.63 feet, more or less, to a point on the line described in the "boundary line agree- merit" recorded under King County Recording No. 7903190605; thence South 88'22'00" East along said line 800.33 feet, more or less, to the East line of Section 6, Township 21 North, Range 5 East W.M.; thence North 2~56'45" East along said East line, 288.23 feet to the Northeast corner thereof and also being the Southwest corner of Section 32, Township 22 North, Range 5 East W.M.; thence South 88°S3'11" East along said South line of said Section 32; 193.166 feet, more or less, to the 'take line" described in King County Recording No. 7409060426; thence North 2~53'33" East along said line 159.73 feet; thence continuing along said line North 26°49'35" West251.79 feet, more or less, to a point which bears South 88°46'00" East of the true point of beginning; thence North 88°46'00" West along the boundary line described in the "boundary line agreement and deed" recorded under King County Recording No. 7903021118, 876.908 feet, more or less, to the true point of beginning; TOGETHER WITH Lot 4 of Short Plat No. SP1281, according to the Short Plat survey re- corded under King County Recording No. 8106090734; EXCEPT any portion thereof lying within the West 30 feet of G.E. King County Oonation Claim; TOGETHER WITH Lot 4 of Short Plat No. SP1081, according to the Short Plat survey re- corded under King County Recording No. 8106090801; TOGETHER WITH that portion of the George E. King Donation Claim 'N°.'40 in Section Township 21 North, Range 5 East W.M., more particularly described as follows: The North 45.00 feet of the West 348.00 feet of said George E. King Oonation Claim lying South of and adjacent to that certain Common Boundary Line by Agreementdated March 19, 1979 and recorded under Recording No. 7903190605; EXCEPT that portion lying East of a line described as starting at a point on the North line of Lot 4 of Short Plat No. SP1081 recorded under King County Recording No. 8106090801, 1,530.39 feet West of the Northeast corner of said Lot 4 and running South 01e14' West to the South line of Lot 4 of Short Plat No. SP1281 recorded under King County Recording No. 8106090734; Situate in the City of Auburn, County of King, State of Washington.