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HomeMy WebLinkAbout5038 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(e) (or transactions contained therein): 1. ORDINANCE NO. 5038 (DENIAL OF REZONE) 2. 3. 4. ~Reference Number(s) of Documents assigned or released: []Additional reference #'s on page ~ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of 2. 3. 4. Grantee: (Last name first) 1. TITCHENAL, SHIRLEY 12. ADAMS, MONTE ILegal Description (abbreviated: i.e. lot, LOT 1, SECTION 28, T 21 N, R 5 E block, plat or section, township, range) [] Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number: 282105-9021 [] Assessor Tax # not yet assigned ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, DENYING THE REZONING OF 6.8 ACRES OF PROPERTY LOCATED AT EAST OF HEMLOCK STREET SE, (IF EXTENDED), WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM RR (RURAL RESIDENTIAL) TO R-3 (DUPLEX). WHEREAS, Application No. REZ0003-96 has been submitted to the Council of the City of Auburn, Washington, by SHIRLEY TITCHENAL AND MONTE ADAMS, requesting the rezoning of the real property hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and held a Council 1997, WHEREAS, the Hearing Examiner, based upon staff review, public hearing to consider said petition in the Chambers of the Auburn City Hall, on August 19, at the conclusion of which the Hearing Examiner Ordinance No. 5038 November 3, 1997 Page 1 recommended the approval of the rezoning of said property; and WHEREAS, the City Council held a closed record hearing on October 20, 1997, considered said request and denied the Hearing Examiner's recommendation for rezone based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. There are numerous environmental concerns that should be addressed before this rezone. These include stability of adjacent steep slopes and storm water drainage. 2. The applicant removed a number of large trees that increase concerns of geological stability and stormwater runoff. At the time the comprehensive plan amendment was made that supports this rezone, the City was unaware of the cutting of these trees and therefor the increased hazards. The rezone site is a critical area due to geological concerns. Many of the rezones the Council approves are not impacted by these critical areas. This rezone is unique. that there is substantial collapse. Ordinance No. 5038 November 3, 1997 Page 2 The testimony of geologist Brian Sherrod substantiated risk of accelerated hillside 10. Substantial testimony from the public supports the conclusion that this site is a critical area with geologically hazardous areas. The Hearing Examiner found that "the majority of the proposed rezone area has been identified by the city as having geologically hazardous areas." The plan to mitigate for loss of trees previously removed as part of future development is inadequate. Staff have already raised concerns to the related to traffic, slopes, access, storm removal of vegetation and shoreline issues. applicant drainage, The Hearing Examiner states, "Phased environmental review assists agencies and the public to focus on issues ready for a decision. Issues that have already been decided or are not yet ready to be decided can be excluded from consideration.,, The Hearing Examiner states, "The City's FDNS was based on the broader land use policy decision of rezoning the site." 11. The Hearing Examiner also stated that "a geotechnical analysis would not be useful at this point without knowing the scope of the proposed development.', CONCLUSIONS OF LAW Given the above findings, that the geologically critical area and that Ordinance No. 5038 November 3, 1997 Page 3 proposed site is a the removal of the 2 o 3 o trees from the site may have exacerbated these conditions, it is necessary at this time to question the Comprehensive Plan Map designation that at this time is the sole stated reason for the rezone. Therefore, a rezone without environmental analysis would be inappropriate. At such time as the applicant wishes to develop the property, then a rezone could be considered with a development proposal and corresponding geological reports. A plan should be submitted by the applicant to the City immediately to mitigate for the illegal cutting of trees. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone from RR (Rural Residential) to R-3 (Duplex) is hereby denied. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ~. The above cited Findings of Fact and Conclusions are herewith incorporated in this Ordinance. Ordinance NO. 5038 Nover~Der 3, 1997 Page 4 ~ The City Council hereby denies REZ0003-96 filed by SHIRLEY TITCHENAL and MONTE ADAMS, on property legally described as follows: All of Government Lot 1 in Section 28, Township 21 North, Range 5, East, W.M., EXCEPT the north 199.9 feet of the west 192.75 feet thereof, City of Auburn, County of King, State of Washington. ~ Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. ~_~ The Mayor is hereby authorized to implement such administrative procedures as may be out the directions of this legislation. ~-~ This Ordinance shall force five days from and after its publication as provided by law. necessary to carry take effect and be in passage, approval and Ordinance NO. 5038 November 3, 1997 Page 5 INTRODUCED: PASSED: November 3, 1997 November 3, 1997 APPROVED: November 3, 1997 ATTEST: Danielle E. Daskam, City Clerk CHARLES A. BOOTH MAYOR APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 5038 November 3, 1997 Page 6