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.