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HomeMy WebLinkAbout6027Return Address: Auburn City Clerk 20060928002406 City of Auburn 25 West Main St. PACiFic Nw TIT oRO az.00 PAGE001 OF 011 Auburn, WA 98001 KINGBCOUNTY16WA3 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ~ ' ~~ 1. Rezone (Ordinance 6027) ~ ~'v1 0~, -- ~sc~'"'~ 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 Grantee: (Last name first) goyddoc+~g~'~ ~«s 1. Campbell, Patricia t~db9lP~'~~ ~rot1~n 2. Spencer, Marylyn aoa-m"~'0dat`0r1OO~~r~c« 3. Jones, Stephena~,~~t~cte.. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the SW Quarter of the SW Quarter of Section 9,Township 21 North, Range 5 East ® Additional legal is on page 11 of the document. Assessor's Property Tax Parcel/Account Number: 0921059095,0921059065 ^ Assessor Tax # not ORDINANCE NO. 6027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CHANGE OF ZONING FOR CARY LANG CONSTRUCTION ON BEHALF OF PATRICIA CAMPBELL, MARYLL YN SPENCER, AND STEPHEN JONES FROM LHR1 SINGLE FAMILY RESIDENTIAL TO LHR2 SINGLE FAMILY RESIDENTIAL WHEREAS, the City of Auburn received an application for a change in zoning from the existing LHR1 Single Family Residential Zone (tax parcels 0921059095 and 0921059065) to LHR2 Single Family Residential for properties commonly known as 31720 116th Ave SE and 31808 116th Ave SE (City File No. REZ06-001); and WHEREAS, on April 18, 2006, the Hearing Examiner conducted a duly noticed public hearing on the matter and on May 3, 2006, issued a decision recommending the City Council approve the rezone, with no conditions; and WHEREAS, final approval is appropriate for City Council action; and WHEREAS, based on the review given this rezone application by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. The Applicant requests a rezone of two parcels of land, totaling approximately 5.41 acres, from Single-Family Residential (LHR-1) to Single- Family Residential (LHR-2). The subject property is comprised of two contiguous parcels located at 31808 - 116th Avenue SE and 31720 - 116th Ordinance No. 6027 May 11, 2006 Page 1 Avenue SE in Auburn, Washington.1 Exhibit 1, Staff Report, Pages 1-2; Exhibit 2, Vicinity Map; Exhibit 3, Rezone Application. 2. The parcel located at 31808 - 116th Avenue SE is 2.46 acres in size. A single family residence is located on the site. The parcel located at 31720 - 116th Avenue SE is 2.95 acres in size. A church and associated buildings are located on the site. Exhibit 1, Staff Report, Page 2; Exhibit 3, Rezone Application. 3. The rezone is not requested in conjunction with an application for development of the site although the Applicant is seeking to change the zoning to facilitate future residential development that would be consistent with the surrounding neighborhoods. Exhibit 1, Staff Report, Page 2; Exhibit 3, Rezone Application; Testimony of Borland. 4. The subject property is located within the Lea Hill (LH) Area, which was recently annexed to the City. As provided in ACC 18.02.050, properties lying within the LH area and not zoned by the City prior to annexation were given the LHR-1 zoning designation upon annexation. Prior to annexation, the King County zoning designation for the subject property was R-6 (Residential 6 dwelling units per acre). Exhibit 1, Staff Report, Pages 1 and 4; ACC 18.02.050; Exhibit 10, Lea Hill Principles of Annexation; Testimony of Borland. 5. Land use regulations for the LH Area are found in Auburn City Code (ACC) Chapter 18.45. The uses permitted in LH zones are stated by reference to specific provisions of the ACC. Permitted uses and development standards within the LHR-1 zone are provided for in ACC 18.12. Permitted uses and development standards within the LHR-2 zone are provided for in ACC 18.14. 6, Both the LHR-1 and LHR-2 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings with development limited to a relatively low degree of density and both permit 1 The site is comprised of two contiguous tax parcels under separate ownerships. The property located at 31808 - 116th Avenue SE is owned by W.J. Spencer and is referred to as King County Tax Parcel #0921059065. The property located at 31720 - 116th Avenue SE is owned by the Community of Christ and is referred to as King County Tax Parcel# 0921059095. Ordinance No. 6027 May 11, 2006 Page 2 single family detached dwellings outright. 18.14.010, .020. ACC 18.12.010, .020; ACC &. The LHR-1 zone requires a minimum lot size of 8,000 square feet. the LHR-2 zone requires a minimum lot size of 6,000 square feet. Under the existing LHR-1 zoning designation, the subject property could be developed with approximately 29 residential lots, or five dwelling units per acre (du/acre). Under the proposed LHR-2 zoning designation, the subject property could be developed with approximately 39 residential lots, or seven du/acre. ACC 18. 12.040(A); ACC 18. 14.040(A). 8. Surrounding land is primarily located within unincorporated King County. Properties to the south and east are zoned R-6 Residential (6 du/acre). Property to the north is zoned R-4 Residential (4 du/acre). Properties to the west, located within the City, are zoned LHR-2. Single family residential development is located on all surrounding properties. Exhibit 1, Staff Report, Page 2. 9. The Lea Hill Task Force Principles for Annexation (Exhibit 10), adopted in December 15, 1997, identified land uses issues of concern to area residents. The report addressed appropriate future zoning designations for properties within the Lea Hill area, including a zoning designation of LHR-2 for the subject property. The report has been adopted as part of the City's Comprehensive Plan. Exhibit 1, Staff Report, Page 3. 10. The City of Auburn Comprehensive Plan is based on 22 goals; and several objectives and policies to support hoses goals that were developed as a result of and in response to a wide range of issues identified during the Plan's public involvement process. The City of Auburn Comprehensive Plan land use designation of the subject property is "Single Family Residential." The purpose of the Single Family Residential designation is to designate and protect areas for predominantly single-family dwellings. Several goals and policies of the Auburn Comprehensive Plan are particularly applicable to the requested rezone. Housing Goal 7, Residential Development, encourages the development of new singe-family detached housing as a priority in maintaining the community character of the City. Housing Goal 8, Neighborhood Quality, seeks to conserve the livability of viable residential areas. Policy LU-14 encourages urban densities in the majority of the single-family residentially Ordinance No. 6027 May 11, 2006 Page 3 zoned areas within the City. Exhibit 1, Staff Report, Pages 1, 3; City of Auburn Comprehensive Plan, Housing and Land Use Element. 11. The smaller lot sizes allowed by the requested LHR2 zoning designation would be consistent with the City's overall housing development strategy, as established in Chapter 4, the Housing Element of the City's Comprehensive Plan. The City's overall housing development strategy envisions a socially and economically integrated community with diversity in its housing stock that accommodates all income groups. Residential and community development in the City will promote and sustain an amenable quality of life for a family- oriented community. Auburn Comprehensive Plan, Chapter 4 - Housing. 12. Pursuant to Washington's State Environmental Policy Act (SEPA), RCW 43.21 C, the City of Auburn acted as lead agency for the identification and review of environmental impacts caused by the proposed rezone. The City issued a Determination of Non-Significance (DNS) on March 27, 2006. A copy of the DNS was not submitted into the record. There have been no appeals of this determination. Exhibit 1, page 3; Testimony of Borland. 13. Notice of the rezone application was provided to the Washington State Department of Community, Trade, and Economic Development and other state agencies on March 2, 2006. No comments have been received from any state agency. Exhibit 1, Staff Report, Page 3; Testimony of Borland.. 14. Notice of the open record hearing was mailed to properties within 300 feet of the site and posted on the subject property on April 10, 2006. Notice of the open record public hearing was published in King County Journal on April 7, 2006. Exhibits 5, 6, 7, 8, and 8a. There was no public comment on the rezone application. Testimony of Borland. CONCLUSIONS OF LAW For a rezone application to be approved, the Applicant must show the following: 1. The rezone is consistent with the Comprehensive Plan; 2. The rezone was initiated by someone other than the City; and 3. Changes or modifications to the rezone by the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Ordinance No. 6027 May 11, 2006 Page 4 A CC 18.68.030 and 18.68.050. In addition to the criteria set forth in the Auburn City Code, the rezone application must be consistent with state law. In the decision Parkridge v. Seattle, 89 Wn.2d 454 (1978), the Washington Supreme Court identified the following general criteria for rezone approval: 1. There is no presumption of validity favoring the action or rezoning; 2. The proponents of the rezone have the burden of proof in demonstrating that conditions have changed since the original zoning; 3. The rezone must bear a substantial relationship to the public health, safety, morals, or welfare. In more recent decisions the Supreme Court and the Court of Appeals have identified an exception to the second Parkridge criterion that is relevant to this case. In Bjarnson v. Kitsap County, 78 Wash. App. 840, 846 (1995), the court held that "where the proposed rezone ... implements policies of the comprehensive plan, changed circumstances are not required." The court adopted the rationale from the earlier decision Save Our Rural Environment v. Snohomish County that: If such implementation were not allowed to occur until physical or developmental circumstances in the area had changed, the new comprehensive plan might never be fulfilled: if an area is presently undeveloped and newly amended comprehensive plan calls for industrial development, no industrial development may occur until alleast one rezone has been granted. Bjarnson, 78 Wash. App. at 846 (quoting Save Our Rural Environment v. Snohomish County, 99 Wash.2d 363, 370 (1983)). Because the City of Auburn criteria for rezone approval require that the rezone be consistent with the Comprehensive Plan, no analysis of changed circumstances is required. Ordinance No. 6027 May 11, 2006 Page 5 Conclusions Based on Findings 1. The proposed rezone would be consistent with the City of Auburn Comprehensive Plan. The Comprehensive Plan designation of the subject property is Single Family Residential. The requested LHR-2 zoning would implement this designation and provides justification for an assertion of "changed circumstances." The higher densities permitted in the LHR-2 district would be consistent with the City's overall housing strategy, assisting in meeting the needs of the forecasted population growth. Findings of Fact Nos. 7,9, 10, and 11; Bjarnson v. Kitsap County, 78 Wash. App. 840 (1995) 2. The City of Auburn did not initiate the proposed rezone. The property owners initiated the proposed rezone of the subject property. Finding of Fact NO.1 and 2. 3. No modification of the proposed rezone is required. The requested LHR- 2 zoning would be compatible with the residential zoning of surrounding properties and the Comprehensive Plan. Neither the City Staff nor the Hearing Examiner is recommending any modifications to the proposed rezone that would intensive the proposal. Findings of Fact No.7, 8, 9, 10, and 11. 4. The proposed rezone bears a substantial relationship to the public health, safety, morals, or welfare of the community. The subject property is in an area characterized by residential development. The proposed rezone would allow future residential development consistent with existing land uses in the vicinity and with the land use designation for the site. The contemplated density housing would be consistent with the Comprehensive Plan goals and policies. Environmental review was conducted pursuant to SEPA and a DNS was issued. Site specific development conditions would be addressed during site plan review of the residential development to ensure that the public health, safety, and welfare is not adverse impacted. Findings of Fact Nos. 7, 8, 9, 10, 11, and 12; Parkridge v. Seattle, 89 Wn.2d 454 (1978). Ordinance No. 6027 May 11 , 2006 Page 6 NOW THEREFORE, based on the foregoing Findings of Fact and Conclusions, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. The request to rezone tax parcels (0921059095 and 0921059065) from Single Family Residential (LHR1) to Single Family Residential (LHR2) is APPROVED, with no conditions. The properties are identified in Exhibit "A" attached hereto and incorporated herein. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. 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. Ordinance No. 6027 May 11, 2006 Page 7 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. Effective Date. 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: PASSED: APPROVED: ~f? PETER B. EWIS MAYOR MJf#Y 11112g~f6 MAY 1 1 2DD6 -- ~ Ordinance No. 6027 May 11, 2006 Page 8 ATTEST: &~~S~~ City Clerk !~ 'rvt~ /~( Z(/O~ Ordinance No. 6027 May 11, 2006 Page 9 G X Iff bJ r A THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 201.5 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 6 OF THE PLAT OF WINDSOR PLACE AS RECORDED IN VOLUME 159 OF PLATS AT PAGES 15 THROUGH 17, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE NORTH LINE OF THE SOUTH 97 FEET OF THE NORTH 4 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE WESTERLY ALONG THE SAID NORTH LINE OF THE SOUTH 97 FEET OF THE NORTH 4 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE EAST MARGIN OF 116TH AVENUE SOUTHEAST AND THE EAST LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE 5346; THENCE NORTHERLY ALONG SAID EAST LINE AND SAID EAST MARGIN TO THE NORTH LINE OF THE SOUTH 201.5 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE EASTERLY ALONG SAID NORTH LINE OF THE SOUTH 201.5 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE POINT OF BEGINNING.