HomeMy WebLinkAbout6148ORDINANCE NO.6 1 4 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
18.45.090 OF THE AUBURN CITY CODE RELATING TO
LOT AVERAGING IN THE LHRS ZONE
WHEREAS the City of Auburn is annexing the Lea Hill Potential Annexation
Area and entered into a interlocal agreement with King County by Resolution No.
4113; and
WHEREAS, that interlocal agreement stated that the City of Auburn would
amend its zoning to require a residential density of one home per acre with
mandatory lot clustering in the urban separator prior to the effective date of the
annexation; and
WHEREAS, the urban separator concept is a policy within the King County
Countywide Policies accepted by the cities and towns within King County;
WHEREAS, the proposed code amendment was transmitted to the
Washington State Office of Community Development and other State agencies for
the 60 day review period in accordance with RCW 36.70A.106; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA), with
a final determination of non-significance (DNS) issued October 4, 2007; and,
WHEREAS, after proper notice published in the City's official newspaper at
least ten (10) days prior to the date of hearing, the Auburn Planning Commission
Ordinance No. 6148
December 11, 2007
Page 1
held a public hearing on October 2, 2007 on the proposed code amendment
regarding lot averaging in the LHRS zone; and
WHEREAS, at the public hearing the Auburn Planning Commission heard
public testimony and took evidence and exhibits into consideration and made a
recommendation to the City Council on November 7, 2007; and
WHEREAS, on December 10, 2007 the Planning and Community
Development Committee of the Auburn City Council made a recommendation to the
City Council; and
WHEREAS, on December 17, 2007, the Auburn City Council considered the
proposed code amendment regarding lot averaging in the LHRS zone as
recommended by the Planning Commission and .Planning and Community
Development Committee; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. AMENDMENT TO CITY CODE That Section 18.45.090 of the Auburn
City Code, entitled "Lot Averaging -LHRS Zone," regarding lot averaging, is amended to
read as follows:
18.45.090 Lot averaging -LHRS zone.
It may be possible to subdivide land in the LHRS zoned~e into lots smaller than
35,000 square feet if the property has a significant amount of nonbuildable land due to steep
slopes, wetlands or similar features that would be in the public's best interest to maintain. If
the property is located within a designated urban separator as identified by the King County
Countywide Planning Policies, lot averaging shall be reauired The following regulations shall
apply in situations where lot averaging is permitted or required:
A. At least 530 percent of the subdivision must ,be set aside
'. ., ,as open space. Critical areas (i.e. steep slopes,
wetlands) can count towards the 50 percent requirement.
x-09. Maintenance of the open space tract or easement shall be the
responsibility of the property owner and/or a Homeowners Association.
Ordinance No. 6148
December 11, 2007
Page 2
B. The number of allowable lots in a subdivision shall be determined by multiplying the
total number of acres in the subdivision by one. Any fraction shall be rounded to the
nearest whole number with one-half being rounded up.
C. The minimum size of any lot shall be X98-8,000 square feet. For lots less than
35,000 square feet, the minimum lot dimensions (minimum lot width and minimum lot
depth) shall be consistent with the requirements of the R-1 (Single Family
Residential) zone (Auburn City Code Section 18.12.040(8) and (C))~•~~~'+h ;~ , nn fee+
.,.,.~ +ho ~„+ ,+on+h ;~ ~ ~n feo+. All other applicable development standards related to
the LHRS zone will continue to apply.
D. Lots within the subdivision shall be clustered so as to provide for continuity of open
space within the subdivision and, where possible, with adioining parcels.
EB. Each lot within a subdivision shall illustrate a building area within which the house,
accessory structures, and parking areas shall be constructed. The building area shall
be exclusive of setbacks, nonbuildable areas or any required buffers from the
nonbuildable areas. Any preliminary plat, final plat or short plat shall illustrate the
building area for each lot. Any future construction will be limited to the identified
building area.
F€. A native growth protection easement or similar device, which may include provisions
for the limited removal of vegetation and passive use of the easement, that
perpetually protects the nonbuildable areasl must be recorded with the final plat or
short plat. (Ord. 5342 § 2, 2000.)
Section 2. CONSTITUTIONALITY OR INVALIDITY. If any section,
subsection, sentence, clause, phrase or portion of this Ordinance or any portion of
the code amendment adopted herein, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
Section 3. IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation to include incorporating into one document the adopted
Lea Hill Annexation Pre-Zoning, attached hereto as Exhibit "A" and preparing and
publishing the amended Comprehensive Zoning Map upon the effective date of the
Lea Hill Annexation.
Ordinance No. 6148
December 11, 2007
Page 3
Section 4. 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.
INTRODUCED: DEC 1 7 2007
PASSED:
APPROVED: _._. 1 2007
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Peter'B. Lewis
MAYOR
ATTEST:
ani~tle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, ---
City Attorney
Published: 1 Z ° z~ - ~~'~`' 7
Ordinance No. 6148
December 11, 2007
Page 4