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Home My WebLink About5972 -~ -= - t f\L Cr. -:s \ .... 2, (\ -> ( 1\ () ') I I III 20060210002269 PACIFIC NU TIT ORC 38.00 PAGE001 OF 007 02/10/2006 15:46 KING COUNTY, UA Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): .-- ,..---. ' \,' Variance (Ordinance 5972) \1t~ "-~'"L:;'\',,-~<'-- Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document ~ I ~-', I, ' ~(' . jt- Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Centex Homes Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Generally a portion of the George E King Donation Land Claim No. 40 in Section 31, Township 21 Range 5EWM o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 000420-0023 o Assessor Tax # not yet assigned . Said do<:ument(s) W8f8 fied for r9(;onj by Pacific Northwest Tltfe as accommodation only. It has not been ~ln8d as to proper executton or as to its affect uPon title. .~---- - ~ ORDINANCE NO. 5 9 7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REVERSING THE DECISION OF THE HEARING EXAMINER TO ALLOW A VARIANCE TO REDUCE FRONT, STREET SIDE, AND REAR YARD SETBACKS APPLICABLE TO DETACHED SINGLE FAMILY LOTS ASSOCIATED WITH THE RIVER SAND SUBDIVISION WHEREAS, Centex Homes applied to the City for a variance to allow for the reduction of front, street side and rear yard setbacks applicable to detached dwelling units within the PUD zoning district on the River Sand Subdivison single family lots; and WHEREAS, the matter was heard by the Hearing Examiner August 16, 2005, and the Hearing Examiner's decision was to deny the variance; and WHEREAS, the applicant appealed the Hearing Examiner's decision to the City Council; and WHEREAS, the City Council scheduled a closed record hearing to review the entire record on November 18, 2005 under application number VAR04-0006; and WHEREAS, upon the conclusion of the Closed Record Hearing the City Council reversed the decision of the Hearing Examiner and allowed the variance for the reasons set forth below. Ordinance 5972 November 29,2005 Page 1 ":.~ NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. Variance Application Number VAR04-0006 decision of Hearing Examiner is reversed to allow a variance of the front, street side and year yard setbacks as follows: Generally, to reduce the front, street side, and rear yard setbacks of the PUD zoning district required by ACC 18.69.060(B) & (C). More specifically to reduce the standard front setback from 20 feet for the garage and 15 feet for other structures to 10 feet for proposed alley-loaded lots (Lots 1 through 67) and to 15 feet for the garage and 10 feet for the other structures for the non-alley loaded lots (Lots 68 through 172), to reduce the street side yard from 10 feet to 5 feet and to reduce the rear yard setback from 15 feet to 8 feet for proposed alley-loaded lots (Lots 1 through 67) and to 10 feet for the non-alley loaded lots (Lots 68 through 172). This conclusion is based upon the following Findings of Facts set forth in Section 2 below. Section 2. Findings Of Fact. 1. Centex Homes has applied for a variance to reduce certain yard setbacks as required by the Planned Unit Development (PUD) zoning district (ACC 18.69.070(B)&(C)) for a portion of the development. Specifically, a reduction is requested for certain setbacks for the detached dwelling units on single-family lots. The request seeks to reduce the front setback from 20 feet for garages and 15 feet for other portions of the structure to 10 feet for proposed alley-loaded lots (Lots 1 through 67) and to 15 feet for the garage and 10 feet for the other structures for the non-alley loaded lots (Lots 68 through 172), the street side yard from 10 feet to 5 feet and the rear yard from 15 feet to 8 feet for proposed alley-loaded lots (Lots 1 through 67) and to 10 feet for the non-alley loaded lots (Lots 68 through 172). The request Ordinance 5972 November 29,2005 Page 2 .... is associated with a rezone, preliminary plat and Planned Unit Development (PUD). 2. The PUD project is proposed to consist of 172 single-family residential lots, one multiple family residential lot containing approximately 115 dwelling units and 19 tracts. Since the project is proposed as a PUD, smaller lot sizes than typical zoning standards are allowed. The standards for the lots are contained in Section 18.69.070 of the PUD chapter of the Zoning Code. The setback requirements vary based upon the "Lot Type". 3. PUDs are allowed pursuant to Chapter 18.69 of the Zoning Code. Section 18.69.040 allows PUDs in any residential-designated area of the Comprehensive Plan and the site must have at least 10 acres in order to qualify for a PUD. The subject project is 40.9 acres in size. 4. The PUD process is a multi-step process. The first step is to rezone the property to a PUD classification. The rezone is a contract rezone that defines among other things the land use, density, number and types of dwelling units, amount and type of open space, and the responsibilities of the applicant. In the subject case a preliminary plat for a single-family development and a binding site plan for the multiple family portion is also being processed simultaneously, therefore subsequent steps will include the administrative approval of plans for infrastructure, construction of the infrastructure and subsequent City council authorization of final plats. 5. The PUD zoning provisions at Section 18.69.030 allows four "Lot Types" within PUDs. These consist of: . Detached Lots . Zero Setback Lots . Semi Detached Lots . Attached Lots "Detached Lots" are defined as: ".. . lots (in) which the structure on the lot is set back from all the lots lines." The other lot types allow the structure to observe no side yard setback in various configurations. Ordinance 5972 November 29,2005 Page 3 ',", 6. The setback standards for detached lot types in both the "High Density Residential" and "Moderate Density Residential" comprehensive plan designations of the Planned Unit Development (PUD) zoning district are the same. The required setback and the requested variance to the setbacks for the single-family lots are: Front Yard setback ReQuested Allowed per PUD (ACC 18.69.070) 10' for Lots 1-67 20' to garage /15' to house 15' to garage/10' to house for Lots 68-172 5' 5' 5' 10' 8' for Lots 1-67 15' 10' for Lots 68-172 Side (interior) yd stbk Side (street) yd stbk Rear yard setback 7. The internal street network of the plat will consist of two stacked loop roads with three north-south internal connections and will be dedicated as public right-of-way. North of these stacked loops, approximately 8.26 acres of the 40.9-acre site is to be developed with twenty-three, five-plexes. 8. Approximately 24.3 acres of the site is proposed for single-family residential development. The northern tier of single-family lots is proposed to consist of lots whose vehicle access is via a public alley (alley-loaded lots). These are Lots1 through 67. 9. The PUD zoning district encourages the use of alley-loaded lots to meet the pedestrian orientation goals of the PUD. In ACC 18.69.010(B) pedestrian- oriented communities are encouraged through the use of traffic management and design techniques to reduce traffic congestion and increase the potential use of alternative modes of travel such as mass transit, pedestrian and bicycle traffic. The design guidelines of the PUD at ACC 18.69.080 state: "D. Design Guidelines. The following design guidelines are intended to assist PUDs in meeting the purpose of this chapter as discussed in ACC 18.69.010 and not to restrict innovation, imagination or variety. PUDs will however be reviewed and either approved, approved with Ordinance 5972 November 29,2005 Page 4 conditions or denied based upon consistency with the following guidelines. 1. Building Orientation/Placement. d. In order to promote a pedestrian oriented development, building designs should minimize the visual impact of residential garages upon the streetscape. For instance, placing garages in the rear yards such that the garage is accessed from an alley or similar access provision enhances the pedestrian orientation of the streetscape." 1 O. Other City departments and divisions have reviewed the variance application. With implementation of the proposed condition related to sight distance, no concerns were disclosed by other departments/divisions based on their review of the proposal. Section 3. Recording. 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. Section 4. If any provisions of this ordinance are determined to be invalid or unenforceable for any reason the remaining provisions shall remain enforce and effect. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 5972 November 29,2005 Page 5 . . . Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ATTEST: ~,0J~~ Dam e E. Daskam City Clerk "u /" PUBLISHED: IJ-~(; 1- 2~/Z) s Ordinance 5972 November 29,2005 Page 6 INTRODUCED: DEe 5 2005 PASSED: