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HomeMy WebLinkAbout50991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ORDINANCE NO. 5 0 9 9 AN ORDINAI~CE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 5091 PASSED MAY 4, 1998, RELATING TO ADOPTING EMERGENCY COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS TO DELETE THE FINDING OF FACT PERTAINING TO A CALL FOR PUBLIC HEARING WHEREAS, Comprehensive establishing the City of Auburn on August 18, 1986 adopted a Plan by Resolution No. 1703 which includes a Map the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, the City of Auburn on April 17, 1995 adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, RCW 36.70A.130 states that "a city may adopt...revisions to its comprehensive plan...whenever an emergency exists"; and WHEREAS, the City Attorney has determined that the impending annexation of land within Pierce County which has received development approvals from Pierce County in conflict with the City of Auburn Comprehensive Plan constitutes such an emergency; and Ordinance No. 5099 May 13, 1998 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the propoaed emergency Comprehensive Plan Map and Text Amendments were transmitted to the Auburn City Planning Commission in April, 1998; and WHEREAS, after official newspaper at hearing, the Auburn proper notice published in the City's least ten (10) days prior to the date of Planning Commission on April 22, 1998, conducted public hearings on the proposed amendments; and W/qEREAS, at the hearing, the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration of said proposed amendments; and WHEREAS, thereafter the Auburn City Planning Commission amended and then recommended approval of the Draft Comprehensive Plan Map and Text Amendments, and transmitted a copy of its recommendation to the Auburn City Council through the Mayor, who acknowledged receipt thereof and directed the Clerk to certify thereon the date of receipt; and WHEREAS, within sixty (60) days from the receipt of the Auburn City Planning Commission recommendation for the proposed amendments the Auburn City Council, at a public meeting, held after proper notice was published in the City's official newspaper ((~t !~:~t tcn (!9~ ~y~)) prior to the date of hearing on May 4, 1998, considered and voted on the proposed amendments as recommended by the Auburn City Planning Commission)); and Ordinance No. 5099 May 13, 1998 Page 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 W~EREAS, after proper notice published in the City's official newspaper prior to the date of a public hearing, the City Council held a public hearing and considered the proposed emergency amendments; and WHEREAS, on May 4, 1998, the Auburn City Council further considered and voted on the proposed amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Emergency Comprehensive Plan Map and Text Amendments attached as exhibit A are herewith adopted and approved and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Emergency Comprehensive Plan amendments modify the Comprehensive Plan adopted on August 18, 1986 by Resolution 1703 and adopted by Ordinance No. 4788 on September 5, 1995. Section 3. The herewith designated as Comprehensive Plan and amendments is a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with R.C.W. 43.21C.060. Ordinance No. 5099 May 13, 1998 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, shall not affect the validity of thereof. Section 5. The Mayor is hereby such administrative procedures as out the directions of this distinct and independent provision, and such holdin9 the remaining portions authorized to implement may be necessary to carry legislation to include incorporating into one document the Comprehensive Plan map and text amendments, Exhibit "A" and preparing and publishing Comprehensive Plan. adopted Emergency attached hereto as the amended Section 6. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law Ordinance No. 5099 May 13, 1998 Page 4 1 2 3 4 5 6 7 8 9 ATTEST: 10 11 12 13 15 17 18 19 20 21 22 23 24 25 26 Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5099 May 13, 1998 Page $ INTRODUCED: May 18, 1998 PASSED: May 18, 1998 APPROVED: Mav 18, 1998 CHARLES A. BOOTH MAYOR EXHIBIT A Comprehensive Plan Amendment Lakeland Hills South Special Planning Area: The Lakeland Hills South Plan wSll cover the approximately 685 acres owned by The Lakeland Company within Pierce County and contained within the City of Auburn potential annexation area (urban growth area). The Plan must be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearings Examiner Case No. Z15-90/UP9-70) as amended. Residential development will be primarily det-aohed-single family and moderate densit dwellings with a wide range of lot sizes, including lots smaller than those currently allowed (1995) by the zoning ordinance. The maximum allowable number of residential units is 3408 based upon an overall gross density of 5 units per acre. M-u46~f-amil~.High density multifamily units will be limited to approx{mately 850 569 units. Twenty acres will be used for light commercial development and significant area will be set aside r-eer-~6ov~ad-a._~_s open space. The development will include a developed 15-acre park,-a, _undeveloped 15-acre park, two 5-acre parks and a linear park along Lakelan ~-_-'_.lills The locations of the parks are shown on the comprehensive plan map. Changint4 thc .location of any or all of the parks does not constitute a comprehensive plan amendlnenl provided that the total park acreage does not change and the location is 'agreed upon by the City. Within the Lakeland Hills South Special Plan area only, the permitted density ran es for the eom rehensive lan desi nations are as follows: Residential: 1-6 units er acre' Moderate Densit Residential: 2-14 unit~ Hi h Densit Residential: 12-19 units er acre. The development will occur in phases in coordination with the provision of required urban services. Some of the unique aspects of this development are inconsistent with the City's conventional zoning districts. In order to implement and efficiently process development within the Lakeland Special Plan Area, it may be necessary to adopt a planned unit development ordinance. Exhibit "A" Ordinance No. 5099