HomeMy WebLinkAbout4300 -~ ,~EOEIVED TiI!S
CITY OF AUBURN, ASHINGTON, PROVIDING fOR THE REZON OF
3 PROPERTY LOCATED SOUTHEASTERLY OF ORAVETZ ROAD AND ~ESTERLY OF HILL
POND DRIVE, ~ITHIN THE CITY OF AUBURN, ~ASHINGTON, CHANGING THE ZONING
~ CLASSIFICATION THEREOF FROH R-2 (SINGLE FAHILY) AND UNCLASSIFIED
TO R-4 (HULTI-FA~ILY).
5
6 ~HEREAS, Application Number 19-88 has been submitted to the Council of
7 the City of Auburn, ~ash~ngton, by BENEFICIAL DEVELOPHENT, COMPANY, requesting
8 the rezonin9 of the rea] property hereinafter described ~n attached Exhibit A,
9 which application was dated Hay 24, 1988; and
~0 ~HEREAS, a hearing on the rezone application was held before the Hearing
Il Examiner on Oune 21, 1988 ~nd on July 1, 1988 the Hearing Examiner ~ssued
12 decision recommending tha~ the City Counc~] approve the rezone application; and
13 ~HEREAS, said request and staff reports were presented to the C~ty Council
14 at its regularly scheduled meeting on Ou]y 5, 1988 and ~he C~ty gounc~] sche-
15 du]ed a public he~r~ng on ~he ~ssue; and
16 ~HEREAS, the C~y Council held ~ de nuvo public hearing to conside~ said
17 petition ~n the Council Chambers of the Auburn City Ha]I, on Ju]y 18, 1988 and
18 continued the hearing to Augus~ 15, 1988, at the conc]us~on of which the
19 Council unanimously recommended the approva] of the rezoning of the sa~d pro-
20 petty based upon consideration of a]] of the evidence and testimony, and
21 records and fi]es;
22 ~0~. THEREFORE, THE CITY gOONCIL OF THE CITY OF AUBURN, O0 ORDAIN AS
23 FOLLOWS:
HEARING
24
Th~s m~tter c~me before a regularly scheduled public meeting of ~he C~y
25
Council on July 5, 1988, upon the recommendation of ~he Henr~ng Examiner that
26
the ~ezone application be ~pproved. AL that meeting, the City Council decided
27
to schedule the issue for a de nuvo public hearing before the City Counc~] and
28
the hearing w~s scheduled for July 18, 1988. At the hearing before the C~y
29
SO
31 ...................
Ordinance No. 4300
32 P~ge One
8/30/88
1
Council on July 18, 1988, the Lakeland Hills Community Organization was pre-
sent by and through its attorney Richard Arambaru. The applicant Beneficial
Development Company was present by and through its attorney, Joel Gordon.
Both the applicant and the Lakeland Hills Community Organization requested
· '( that the hearing be continued to allow the applicant to work with the Lakeland
Hills Community Organization to attempt to resolve the concerns of the members
of the Lakeland Hills Community Organization. The City Council approved a
8
continuance of the hearing to August 15, 1988 at approximately 7:30 p.m.
At the August 15, 1988 hearing, the applicant, Beneficial Development
10
Company was represented by its attorney, Joel Gordon, and Lakeland Hills
11
Community Organization was represented by its attorney, Richard Arambaru.
12
Many of the residents living in the vicinity of the rezone were present.
12
Evidence and testimony was presented by City staff, the Lakeland Hills
14
Community Organization, individual residents of the area, and the applicant.
15
In consideration of the evidence and testimony and in consideration of the
comprehensive files and records in this matter, including the records relating
17
to the comprehensive planning of the area, the City Council now makes the
following:
FINDINGS OF FACT
20
1. Notice of the July 18, 1988 and August 15, 1988 hearings was given by
publication, by mailing notices to owners within 200 feet of the proposed
rezone and beyond, and the notices were posted.
2. On April 18, 1988 the City Council adopted the "Lakeland Hills Special
Planning Area Plan" as an element of the City's Comprehensive Plan. The
purpose of Special Planning Areas is to provide a mechanism for detailed
planning of large areas under single or coordinated management. Therefore
in addition to goals, objectives, and policies of the City's Comprehensive
Plan, the Lakeland Hills Plan element provides long-term predictability to
both the City and the developer in terms of future planning, zoning, sub-
20 division and development decisions. To implement the Lakeland Hills Plan
Map the property owner must make application for zoning reclassifications,
2? which will formalize the conceptual land use boundaries of the plan map.
Future subdivisions and other development approvals will also be con-
28 sistent with the adopted Plan. This proposed rezone represents the first
formal action within the Lakeland Hills Special Planning Area following
29 adoption of the Plan element.
20
Ordinance No. 4300
22 Page Two
8/30/88
1
3. The applicant is proposing to rezone approximately 19.565 acres within
2 Lakeland Hills from Uncl. {Unclassified Use District) and R-2 {Single
Family Residential District) to R-4 (Multiple Family Residential
3 District).
4 4. Reasonable screening and berming should be implemented to buffer the pro-
posed multi-family development from adjacent single family uses.
5. Adequate public access needs to be provided to each multi-family area and
6 any required street improvements should reflect the need generated by the
multi-family development and be coordinated with other traffic demands.
6. 47th Street S.E. and Lakeland Hills Way S.E. are proposed to be extended
8 to serve the rezone area. In addition, these streets are proposed to be
extended westerly as part of a realignment proposal of Oravetz Road to "A"
9 Street S.E. 47th Street S.E. is also part of an approved preliminary
plat that illustrates 47th Street S.E. ending in a temporary cul-de-sac.
10 This rezone would implement the preliminary plat by providing for the
through street. These proposed road systems are necessary to provide both
11 primary and secondary access to the site, and shall be completed prior to
occupancy of any future multi-family development. A master street plan
12 for this sub-area shall be submitted for review and approval.
12 7. The applicant has made application to the City of Pacific for approval of
additional rezones and for the realignment of Oravetz Road.
8. The site is encumbered by slopes ranging from approximately 10% to 35%.
15 Slopes ranging from 15% to 30% are classified as Alderwood Gravelly Sandy
Loam characterized by severe slopes and soils for excavations, foundations,
16 streets, and erosion hazard. Building, road and utility construction on
slopes exceeding 15% should be supported by a geotechnical analysis.
17 Slopes exceeding 25% shall remain undeveloped and undisturbed by future
building construction.
18
9. The existing platted area of Lakeland Hills with 305 lots that include
19 preliminary and final plat approval in conjunction with the proposed
rezone would require a dedication of approximately 12 acres of park land,
20 pursuant to the Lakeland Hills Plan.
21 10. A Land Clearing Permit will be required prior to the removal of any trees
pursuant to Ordinance 4266.
11. Consideration under the State Environmental Policy Act was as follows:
A. A Draft Environmental Impact Statement {EIS) for the Lakeland Hills
24 Proposed Residential Community was issued on May 30, 1980. A final
EIS was issued on October 5, 1981. The proposed action evaluated in
25 the EIS comprised all governmental permits, licenses, and approvals
required to develop approximately 443 acres within Auburn, Washington.
26 The proposed development included single family and multi-family resi-
dential and commercial uses. Pursuant to WAC 197-11-600, the proposed
27 action has been evaluated by City staff and found to be consistent
with the analysis of all environmental elements previously evaluated
28 within the EIS. Because there are no substantial changes to the pro-
posal resulting in significant adverse environmental impacts not pre-
29 viously evaluated in the EIS, no further environmental action
is required.
21 ......................
Ordinance No. 4300
22 Page Three
8/30/88
B. On November 30, 1987, the EIS was adopted pursuant to WAC 197-I1-965
2 as being appropriate for the Special Planning area element of the
City's Comprehensive Plan hereafter referred to as the "Lakeland Hills
3 Plan". The purpose of the Lakeland Hills Plan is to provide long-term
predictability to both the City and the developer and will govern
4 future planning, zoning, subdivision and development decisions within
the subject area. The EIS was adopted as being appropriate after
5 independent review, and upon a determination that the EIS met the
environmental review needs for the Lakeland Hills Plan. Mitigation
6 measures identified in the FEIS are appropriately included within the
Lakeland Hills Plan, this recommendation, and the FEIS will be con-
7 sidered in conjunction with future administrative processes.
8 C. When the subject application was filed, the City again evaluated the
proposal, the environmental documents and current environmental con-
9 ditions. There were no substantial changes to the proposal and there
were no substantial changes in the existing environmental conditions.
D. City staff testified at the August 15, 1988 hearing that they con-
11 tacted all affected jurisdictional agencies concerning the rezone
application, including but not limited to the City of Auburn Fire
12 Department, Police Department, Public Works, the Auburn School
District. The same entities, along with the City of Pacific and Pierce
13 County, were also contacted prior to the adoption of the Lakeland
Hills Special Planning Area Element in November, 1987. None of the
14 affected agencies objected to the rezone proposal or to the adoption
of the Lakeland Hills Plan, nor did they request any additional
15 environmental review.
16 12. City of Auburn Comprehensive Plan findings related to proposed rezone:
17 A. Comprehensive Plan Map Designation: The site is designated as High
Density Residential Land Use (Plan Map).
18
B. High Density Residential Purpose: To provide an opportunity for the
19 location of the most economical forms of housing in areas
appropriately situated for such uses under the policies of this Plan.
20 {page 62}.
21 C. High Density Residential Description: This category shall be applied
to those areas which are either now developed or are reserved for
22 multiple family dwellings. Densities may range from 10 to 20 units
per acre. Dwelling types may range from single family units to apart-
23 ment complexes {page 63).
24 D. Residential Development Policies:
25 i. The City shall encourage the retention of vegetation and encourage
landscaping in order to provide filtering of suspended particulates
20 {Policy 11.2.2., Auburn Comprehensive Plan, {ACP)).
27 ii. Auburn will seek to retain areas with slopes in excess of 25% as
primarily open space areas in order to protect against erosion and
28 landslide hazards and to help conserve Auburn's identity within
the metropolitan region. Land clearing or other significant remo-
29 val of vegetation on such slopes shall be regulated by permit
(Policy 11.3.2., ACP).
30
Ordinance No. 4300
32 Page Four
8/30/88
1
iii. The City shall consider the impacts of new development on the
quality of land, wildlife and vegetative resources as a part of
its environmental review process and require any appropriate miti-
gating measures. Such mitigation may involve the retention of
significant habitats {Policy 11.3.4., ACP).
iv. Where there is a high probability of erosion, grading should be
kept to a minimum and disturbed vegetation should be restored as
soon as feasible. In all cases appropriate measures to control
6 erosion and sedimentation shall be required {Policy 12.2.1., ACP).
7 v. The City shall consider the impacts of new development on hazards
associated with soils as a part of its environmental review pro-
8 cess and require any appropriate mitigating measures {Policy
12.2.2., ACP)
·
· -I 13. "Lakeland Hills Special Planning Area" findings related to proposed rezone:
10
A. Consistent with the applicable comprehensive planning policies of the
11 City, higher density residential development will be oriented to the
lower elevations of the area at the base of the hill and along Oravetz
12 Road. At lower elevations these higher density uses can be most econo-
mically and efficiently served by appropriate water and sewer services,
and traffic movements through single family residential areas will be
minimized (Policy LH-1.2.).
14
B. Future plat and multiple family developments shall be designed so as
15 to minimize the potentially severe erosion hazards described in the
Lakeland Hills EIS (Policy LH-2.2.).
16
C. Intensive development shall avoid sensitive slopes and gullies,
17 retaining natural vegetation in such areas for erosion and sedimen-
tation control (Policy LH-2.2.).
18
D. Consistent with the provisions of the Auburn Park and Recreation Plan,
19 the equivalent of 7.25 acres of park land shall be provided for each
1,000 Lakeland Hills resident. Estimated population shall be computed
based on the 2.5 persons per household reported for the City in the
1980 Census of Population (Policy LH-2.3.).
E. Park land shall be based on land suitable for active recreational use
and does not include areas retained as open space due to erosion
hazards or other physical limitations on development. {Policy
23 LH-2.4.).
F. Park land to be dedicated shall be consistent with the Lakeland Hills
Plan Map and Plan policies. {Policy LH-2.5.).
G. At the time of the first housing development plan approval following
26 adoption of this element, sufficient dedications shall be accomplished
to provide for previously approved development within Lakeland Hills
(Policy LH-2.7.).
H. Major street patterns within the Lakeland Hills development shall be
designed to serve the entire development, and must also show reason-
able compatibility with other areas outside of the Special Planning
Area (Policy LH-3.1.).
$0
Ordinance No. 4300
22 Page Five
8/30/88
I
I. Future street design shall be shown with sufficient detail (i.e.
overlayed on topography) to determine if City standards such as grade
and alignment can be met (Policy LH-3.2.).
J. The "A" Street Bridge in the City of Pacific is inadequate to support
the traffic which will be generated by full development of the area.
The degree of participation by the developer will consist of a cash
5 payment of $200,000.00 to be used to help construct the "A" Street
bridge/road widening project. (Policy LH-3.5).
K. Prior to any additional plat approvals after Division 4, master uti-
? lity plans shall be provided to the City by the developer. (Policy
LH-3.5.).
,-4 8
14. The rezone proposal complies with the "Lakeland Hills Special Planning
9 Area" findings, as based upon the Conditions imposed on the proposal.
'
10 A. The proposed rezone is located at the lower elevations of the Lakeland
Hills Special Planning Area.
11
B. The rezone has been conditioned to require a geotechnical report for
construction on slopes exceeding 15% (Condition No. 1), require-
ments for grading and clearing on slopes exceeding 25% (Condition No.
15 2) and an erosion and sedimentation plan is required. (Condition
No. 3)
C. The rezone is conditioned upon evaluation of erosion control,
15 (Conditions Nos. 1, 2, 3) and streets must be designed to avoid sen-
sitive slopes and gullies. (Condition No. 5)
D. The rezone is conditioned upon required completion of park land dedic-
17 tion and/or improvements prior to issuance of construction permits.
(Condition No. 4)
]8
E. The condition upon the rezone requiring park land dedication is
19 governed by the Lakeland Hills Special Planning Area findings
requiring land to be suitable for recreational use. (Condition No. 4)
F. The condition requiring park land dedication defers to the direction
21 of the Lakeland Hills Plan.
G. The Lakeland Hills Plan does contain specific designations of park
land. The amount of park land required to be dedicated under the
25 Lakeland Hills Plan does take into account previously developed pro-
perty as well as future developed property.
H. The rezone is conditioned upon the approval of a master street plan
for the rezone area prior to issuance of construction permits, and the
plan must consider serving the proposed development and adjacent areas
and must address street construction standards within the City of
Pacific. (Condition No. 5)
I. The rezone is conditioned upon the approval of future street design in
28 compliance with City standards. (Condition No. 5)
30
21 ......................
Ordinance No. 4300
Page Six
8/30/88
!
J. The rezone is conditioned upon the applicant's obtaining security
2 valued at $200,000 and in favor of the City, in a form approved by the
Public Works Director to guarantee participation in the "A" Street
3 Bridge/Road widening project. {Condition No. 7)
4 K. The rezone is conditioned upon submission of a master water utility
plan prior to the issuance of construction permits. The plan must be
5 approved by the Public Works Director. {Condition No. 8)
6 15. The following are circumstances which have changed since the prior zoning
and which justify a rezone:
A. As to the property previously zoned Unclassified, the infrastructure
8 {streets, utilities} are now available to serve the property and the
general pattern of development justifies a change of zoning. As per
9 Chapter 18.42.010 of the Auburn Zoning code, the purpose of the
Unclassified zone is to prevent uses which would be in conflict with
10 planned future uses established by the Comprehensive Plan.
11 B. The Comprehensive Plan and the Lakeland Hills Special Plan was
reviewed by the City of Auburn and other jurisdictions and has been
]2 adopted.
13 C. The EIS was completed on the proposed Residential Community and was
adopted as appropriate environmental review of the Lakeland Hills
14 Special Plan.
15 D. The applicant and the City have entered into utility service
agreements.
16
E. Major elements of the public infrastructure have been constructed
17 including roads, a sewer system and a water system.
18 16. The proposed rezone is consistent with the adopted Comprehensive Plan Map
based on the following:
A. The evidence at the hearing on August 15, 1988 shows that the
20 Comprehensive Plan Map lines do not follow specific lines relating to
lot lines, streets, ownership boundaries.
B. The evidence at the hearing was that the purpose of the Comprehensive
22 Plan Map is as a general guide for the uses of the property and is not
meant to indicate precise locations of future zone boundaries.
C. The testimony of City staff at the August 15, 1988 hearing interprets
24 that the proposed rezone is consistent with the Comprehensive Plan Map
and the Lakeland Hills Special Planning Area Map and related texts.
25 Staff also testified that this interpretation is consistent with City
policy and practices and with the stated purpose of the Comprehensive
26 Plan.
2? Based upon the foregoing Findings of Fact, the City Council nows makes the
28 following:
~0
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Ordinance No. 4300
$2 Page Seven
8/30/88
i
CONCLUSIONS
2
3 1. As recommended, the proposed rezone to the R-4 District and future deve-
lopment of the site with multi-family housing is consistent with goals,
4 objectives and policies of the City's Comprehensive Plan and the Lakeland
Hills Plan element and will be consistent and compatible with the existing
5 and proposed land uses of the area.
6 2. Dedication of park lands, and preparation of master utility and street
plans will ensure that appropriate infrastructure is provided to the sub-
7 area. Conditions of the rezone, Zoning Ordinance development standards,
and mitigation measures identified in the FEIS will ensure that future
8 development is compatible with adjacent properties and the public health,
safety and welfare.
3. There was no evidence presented at the August 15, 1988 City Council
10 hearing to warrant further environmental review of the rezone proposal nor
the imposition of any more mitigating conditions. The evidence shows that
11 an EIS was done relevant to the proposed rezone. The evidence at the
hearing proves the EIS is valid, reliable and appropriate to the rezone
12 proposal.
13 4. The evidence and facts prove that circumstances have changed since the
original zoning, to support the proposed rezone.
5. The proposed rezone is consistent with the Comprehensive Plan Map and the
15 Lakeland Hills Special Planning Area Map and the text of both. The pro-
posed rezone conforms to the City policies and the stated purposes of the
16 Comprehensive Plan and the Lakeland Hills Special Plan.
17
Based on the foregoing Findings of Fact and Conclusions the City Council
18
hereby
19
20 ORDERS
2!
Section 1. The above cited Findings of Fact and Conclusions, are herewith
incorporated in this Ordinance.
24 Section 2. The property located south of the Oravetz Road and westerly of
25 Mill Pond Drive, situate in the City of Auburn, County of King, State of
26 Washington, be and the same is hereby rezoned from R-2 (Single Family) and
27 Unclassified to R-4 (Multi-Family), legally described on attached Exhibit "A"
28 subject to the following Conditions:
29
30
Ordinance No. 4300
32 Page Eight
8/30/88
!
Condition 1. A geotechnical report shall be submitted to the Public Works
Director for any building, utility or street construction located on slopes
which exceed 15%. No construction in such areas shall occur except as
approved by the Public Works Director following review of such geotechnical
report.
7 Condition 2. No clearing or grading for construction of building struc-
8 tures shall occur on slopes exceeding 25%. The slopes shall be measured
9 generally between each 25 foot contour. These slopes shall be staked and
10 identified as clearing limits to the satisfaction of the Public Works Director
11 prior to commencing on-site clearing or grading for building construction
12 activities.
13
Condition 3. An erosion control and sedimentation plan shall be submitted
and approved as required by the Public Works Director prior to the issuance of
15
construction permits.
10
17 Condition 4. Prior to issuance of construction permits, sufficient park
18 land dedications and/or improvements shall be accomplished to provide for
19 development within the rezone area and previously approved development within
20 Lakeland Hills, as directed by the Lakeland Hills Plan.
21
Condition 5. A master street plan for this sub-area of Lakeland Hills
22
shall be submitted for review and approval as directed by the Public Works
Director, prior to the issuance of construction permits. At a minimum, future
streets serving the proposed development and adjacent areas shall be shown
with sufficient detail (i.e. overlayed on topography) to determine if City
standards such as grade and alignment can be met. Streets should be designed
27
to avoid sensitive slopes and gullies.
28
29
30
Ordinance No. 4300
32 Page Nine
8/30/88
1
The street plan shall also determine the width of right of way, number of
travel lanes and number and location of accesses to Lakeland Hills Way. The
plan shall also address the construction standards of the streets within the
City of Pacific.
Condition 6. The construction of 47th Street from Mill Pond Drive to
? Lakeland Hills Way, and, the construction of Lakeland Hills Way from "A"
8 Street S.E. to the south property line of the multi-family located south and
9 west of Lakeland Hills Way shall be complete prior to occupancy of the multi-
10 family development. The south terminus of Lakeland Hills Way shall also end
11 in a temporary cul-de-sac.
Condition 7. The applicant shall submit security valued at $200,000 and
in favor of the City, in a form approved by the Public Works Director, to
14
guarantee participation in the reconstruction of the "A" Street Bridge/Road
15
widening project.
17 Condition 8. Prior to the issuance of building permits a master water
18 utility plan for the entire Lakeland Hills development within Auburn shall be
19 submitted and approved as required by the Public Works Director, and a source
of water shall be developed and be adequate to serve the rezone area, as
required by and as determined by the Public Works Department.
Condition g. A master sanitary sewer utility plan for the sewerage
drainage basin in which the subject site is located shall be submitted and
approved as required by the Public Works Director, prior to the issuance of
construction permits.
Condition 10. A master storm drainage utility plan for the drainage basin
in which the subject site is located shall be submitted and approved as
30
Ordinance No. 4300
Page Ten
8/30/88
I
required by the Public Works Director, prior to the issuance of construction
permits.
3
4 Condition 11. Accesses from Lakeland Hills Way to the multi-family area
5 lying south and west of the proposed Lakeland Hills Way shall be limited to
6 two. The location is to be determined as required by Condition No. 5.
? Additional emergency accesses may be required by the Fire Chief dependent upon
8 final site plan design.
Condition 12. The front yard setbacks of the rezone areas shall contain a
10
landscaped berm constructed pursuant to Section 18.50.060 (N) and landscaped
11
pursuant to Section 18.50.040 (C) of the Zoning Ordinance. The Planning
Director may modify the design of the berm in order to retain any significant
15
trees as defined by Section 18.50.030 (E) of the Zoning Ordinance.
14
15 Condition 13. Prior to the removal of any vegetation, a land clearing
16 permit shall be secured. As part of the application for the permit, the plan
17 shall show the location of all significant trees, as defined by Section
18 18.50.030 (E) of the Zoning Ordinance, within the construction areas and the
19 significant trees shall be retained if possible. Section 18.50.030 (E) provi-
20 des as follows:
21
"... The Planning Director may authorize the exclusion of
22 any significant tree which for the reason of public health,
safety or reasonable site development, is not desirable to
23 maintain ..."
25 Section 3. Upon the passage, approval and publication of this Ordinance
26 as provided by law, the City Clerk for the City of Auburn shall cause this
2? Ordinance to be recorded in the office of the King County Auditor.
30
Ordinance No. 4300
32 Page Eleven
8/30/88
i
Section 4. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 5. This Ordinance shall take effect and be in force five {5)
days from and after its passage, approval and publication, as provided by law.
7
INTRODUCED: SEPTE~ER 6, 1988
8
9 P~SED: SEPTE~ER 6, 1988
10
APPROVED: SEPTE~ER 6, 1988
11
12
13
14
15
ATTEST:
16
18 R ' ohlhueter,-Clty Clerk
19
20 APPROVED AS TO FORM:
21
guehite Schellentrager, Ciey Attorney
24
25
26 PUBLISHED: SEPT~BER 11, 1988
27
28
29
30
Ordinance No. 4300
32 Page Twelve of Twelve
813o/88