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HomeMy WebLinkAboutITEM VIII-A-3CITY QF AGENDA BALL APPROVAL FG~R~I . WASHINGTON Agenda Subject: Qrdinance Na. 6324 Riverside pillage Rezone; ~ Date: August 9, 2010 ~ - REZ0.9-0005 ~ . Department:- Planning and Attachments: Qrdinance Nd. 6324, Budget Impact: NlA Development ~ Hearing Examiner recommendation, . . ~ and See Exhibit List Administrative Recommendation: City Council adopt Grdinance No. 6324. Backgrau.nd 5umrnary:. ~ . OVUNERI . APPLICANT:. Ray Keasey 9884 208th Avenue NE, Redmond, VILA REQUEST: Change in zoning of one parcel from R-10 Residential~~1Q dulacre~ to R-20 Resid~ntial~ X20 d ulacre~ ~ . LOCATION: The property is located ~at 1608 8th Street NE, Auburn Parcel No:11210591 fi3 Ex1STING LAND USE: Multi-family, apartments: COMPREHENSIVE . PLAN DESIGNATIaN: High Density Residen~al SEPA STATUS:A DNS was issued on September 22, 2009 for the Comprehensive Plan land use change that hook into account the rezone change. L081 fi-6 - X3.8 REZ~9-0005 . Reviewed by Councils ~ Committees: Reviewed by Departments ~ Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ®Building ❑ M&0 ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ~ ❑ .Finance ❑ Parks ❑ Human Services ❑ Planning & CD ®Fire ~ ®Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Gomm. ❑ Other ®Public Vllorks ❑ Human Resources ❑ ~tnformation.Serv'ices Action: Committee A~praval: ~ ❑Yes ❑No Council Approval; ~ ❑Yes ❑No ~ Call for Public Hearing 1 1 Referred to - ,Until ~l 1 , Tabled ~ - - ~ ~ Until I 1 Councilmember: Norman ~ ~ Staff: Sn der Meetin~_~ Date: Au ust 1fi, 2010 ~ ~ ~ ~ ~ Item Number:.VLII.A.3 ~ ~ ~ ~ N~ORE THAN Y~7U IM1~~INED Agenda Subject: REZ09-0005 - Riverside Village Rezone Date: July 15, 2010 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are'. Comprehensive Plan Zoning Land Use Project Site High Density Residential R-10 Residential 10 du/acre Apartments North High Density Residential R-20 Residential 20 du/acre Apartments/Senior Housing South Single Family Residential R-7 Residential 7 du/acre Single Family Homes East Open Space Green River West Residential Office RO Residential Office Hair Salon r Subject Site W7 f J TT Y t rk 7 = -IT -I ,I T :w 4A C•! .111:..../ .i• Ct t y.. f c _ - M!P I 40 4J I:, C• i1 .1 C. d .ka ?.L-. •.i:• U :µ4 11?r -'.f ~lfi 11:x.\- 1l . 4 1wi... -0-11 Page 2 of 5 Agenda Subject: Ordinance No: fi234 Riverside Village Rezone; Date: August 9, 2D10 REZ09-0005 FINDINGS OF FACT: ~ . Ray Keasey has applied for a rezone for property located at 1 fi08 8th street N E, Aubum, VvA. 2. A Comprehensive Plan Land Use Map amendment was applied far concurrently with the rezone on June 19, 209. The applicant requested a land use change from Moderate Density Residential to High Density Residential. The City Council approved the amendment on December 2009 by Ordinance No. 6280 Exhibit 8} _ 3.. The rezone site at 8th Street NE is approximately 1.58 acres~fi8,825 square feet} in size. and . contains an existing 30 unit multi family development. 4. Based an the allowed density in the R-20 Residential X20 dulacre} zone,, one additional unit may , be permitted. . ~5. The applicant f led an, environmental, checklist that addressed the comprehensive plan amendment and rezone: A description of future development of the property was included. The applicant proposes to construct one additional unit within an existing building. fi. The R-20 Residential X20 dulacre}zone district permits multi-family development outright see ACS 18.O1.02D~. The intent of the R-20 zone is: "to :provide for multiple-family residentia! development. and is further intended as a residential zone primarily ofmultiple-family residences, except as specifically provided elsewhere in this chapter. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size . and capacity to adequately and permanently meet needs resulting from a defined intensity of land use:" 1. The R-20 zone development standards including setbacks and lot requirements are confiained in ACC 18.01.030. ~ 8. Pursuant.to ACC 18.fi8.030 and 18.fi8:04D, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing., After review of the application, the director shall determine. whichrof ~~he following two processes shouldoccur to properly hear the rezone: a. If the rezone is consi5tenf~with the comprehensive plan, then the hearing~examiner shall conduct a public hearing an the rezone and make a recommendation to the city.council pursuant to ACC 18.fifi.1l~. A' This application is consistent with the comprehensive plan, as~ outlined below in the conclusions. 9. On Sep#ember 21, 2009, the SEPA Responsible Official issued a Determination of Non- Significance. DNS} for the comprehensive plan land use amendment that also took. into account the rezone. There were no comments received and no appeals filed Exhibit fi}: 1 D. Pursuant to ACC 18.fi8. D4D, notice of a ,public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.01.040. The public hearing notice was published ~ in the Seattle Times on ,July 13, X010, provided to the property owners within 300 feet of the subject site, and posted on the subject property meeting this requirement Exhibit 5}. Page3of5 I ~ Agenda Subject: Ordinance No. 6234 Riverside Village Rezone; Date: August 9, 2010 REZ09-4005 11. The City Council changed their role in quasi=judicial approvals giving that authority to Hearing . ~ ~ Examiner to make decisions. Since. rezones are approved by Ordinance the City Council is still the decision maker on rezones ~uith the Hearing Examiner making a recommendation on the . ~ propo5a 1. ~ ~ ~ ~ . . 1'2. 8t~ Streef NE is' a minor ar~erial~and this roads classification supports the rezone request. . 13.' The subject site is adjacent. to theGreen River and is within the 200 foot shoreline management area. The,Shoreline Environment Designation is Shoreline Residential. Rezones are not subject to the Shorehine Management Program, however, residential zoning is consistent with the Shoreline Residential designation. 14. A public hearing was head before the City of Auburn Hearing Examiner on July 28, .2010. 15. The City of Auburn Hearing Examiner issued a recommendation of approval on August 6; 24~a. CONCLUSIONS: ACC Chapter 18.58 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Comment The applicant submitted for both a rezone and comprehensive plan amendment on June 19, 2009. The comprehensive plan amendment was processed as part~of the 2009 annual amendments.. 'The land use map amendment was from. Moderate Density Residential to High Density Residential. On December 20x9 the City Council approved the comprehensive plan amendments through Ordinance Na fi280{Exhibit 8~. Policy LU-34 states that multiple-family, developments should be .locatedfunctionally convenient to the necessary supporting facilities including utilities, arterials, parks, transit service, etc. Pursuant to ~ Chapter 14 vf~the Comprehensive Plan, .High Density Residential is to provide an opportunity for the location of the most economical. forms of housing in areas appropriately situated for such uses under the policies of the comprehensive plan. Riverside Village is an existing multi-family development with 30 units. The applicant proposes ~to add one additional unit to the complex. The proposed rezone will take an existing developed multi-family site and bring thezoning in line with the existing density level while also allowing the potential for one additional unit. Also, the subject site is within mile of transit. service, parks, and is located on a minor arterial street. 2. The rezone must,be initiated by someone other than~the City in order for the Hearing Examiner to consider the request. Comment The rezone has been initiated by the property owner, Ray Keasey, who is also the applicant. 3. Any changes or modifications to a rezone request made~by either the Hearing Examiner or City Council will not. result in a mode intense zone than the one requested. Commen# Page 4 of 5 , . 1 ~ Agenda Subject: Qrdinance No. fi234 Riverside Village Rezone; Date: August 9, 201 REZ09-0005 . The requested rezvne~change, from R-10 Residential X10 dufacre} to R-20 Residential X20 dulacre}, wil[ not result in a more intense zone than what is requested. In ~additian, the Washington State Supreme Court has identified other general rules for rezone . applications ~~see Parkrrdge v. Seattle, 89 Wn.2d.454; 5l3 P.2d 359 X1978}}; - a. Conditions in the area must have changed since the original zoning was established,. Comment The rezone proposal is consistent with the comprehensive plan land use designation forthe. . subject. property. As mentioned under the findings of fact a. comprehensive plan map amendment was processed in ~2D09 and approved by the City Council. The proposed rezone brings the zoning consistent with the comprehensive plan. ~ b.. The proposed rezone must bear a substantial relationship to the general welfare of the . community. . . The property is currently develvped~as multi-family with 30 units. Rezoning the sub}ect property to R-20. Residential X20 dufacre}.will .bring the zoning in. line with the existing. density of~the site and~~will permit one additional unit. Riverside Village provides needed housing to a population within ~Auburr~. As mentioned above, the subject site is located on a minor arterial, within walking distance to park facilities, and along the Metro 1$1 transit route. ~ - STAFF REC4MMENDATIQN ' Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend ~to the City Council approval of the rezone. HEARING EXAMINER RECOM~IENDATI4N After conducting a duly advertised public hearing, the Hearing Examiner issued his recommendation of approval on August fi, 2010 EXHIBIT LIST ti Exhibit 1 Staff Report to Hearing Examiner agenda bill} Exhibit' 2 Vicinity Map Exhibit 3 Application Exhibit4 Site Plan ~ ' Exhibit 5** Combined Notice of Application and Public Hearing with affidavits Exhibit fi** Determination of Non-Signifcance and Final Staff:Evaluation Exhibit 7 Aerial Photograph Exhibit 8 Ordinance No. 6280 Exhibit 9** Affidavit of Publication from Seattle Times, received July 15, 2010; submitted into record . at hearing . Exhibit 1 D Comment letter from Joanne, Martin received July 19, 2D10; submitted into record at hearing ~ . **Fxhlbits with an asterisk are not includeaf in the packet but are available upon request. PageSofS f . aRDINANCE NG. fi 3 2 4 AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY CF AUBURN, WASHINGTGN, APPROVING THE REQUEST CF _ ,RAY. KEASEY FGR A REZQNE FRGM R-10 RESIDENTIAL ~0 DUTACRE TQ R-20 RESIDENTIAL 20 DUTACRE TG IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS~ACC~RDINGLY WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Phan by Resolution Nv. 1103 which includes a Map establishing the location of the Com rehensive Plan Land Use Designations throughout the City; and p WHEREAS, on April 17, 1995 the pity of Auburn adapted 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 Grdinance No.~4788; and . WHEREAS, Ray Keasey, the. applicant, submitted a Comprehensive Plan map amendment and rezone application for the Riverside Village rezone on June 19, 2009 for tax parcel 1121059163; and ~ . WHEREAS, Comprehensive Plan map and text amendments were processed by the Plannin _ and Development Department as proposed Year 2009 amendments to the 9 City of Auburn Comprehensive Plan, and the City of ~Au.burn adopted, the 2009 Comprehensive Pian amendments. on December 2009 by ordinance No. 6280; and r ww~wwrrrrwrw.wwMawww~r ordinance No. 6324 August 9, 2014 . Page 1 WHEREAS, the environmental impacts of the Year 2009 Comprehensive Plan amendments were. considered in accordance with pracedures of the State Environmental Policy Act; and ' WHEREAS, the environmental impacts of the Riverside Village Rezone were canside~ed ~in accordance with ~ the procedures of the State Environmental Policy Act; , and iNHEREAS, after proper notice published in the City's official newspaper at least ten X10} days prior~to the date of hearing, the City of Auburn Hearing Examiner on July - 28, 2010 conducted a public hearing on the proposed Riverside VillageRezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner_ heard - . ~ public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation tv the pity Council on the proposed Craig .Commercial Rezone; and WHEREAS, on August 16; 201.0, the Auburn-Gity Council considered the proposed Riverside Village Rezone as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL ~F THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section The City Council ~uCouncil} adopts and approves the Riverside . Village rezone from R-10 Residential X10 dulacre} to R-20 Residential X20 dulacre} and directs that the rezone application _and all related documents be filed along with this ordinance with the Auburn City Clerk and be avai~lab~e for public inspection. ~~rwrr~w~~~~M.~rw.~~~w~~~r ordinance No,.63~4 August9, za~a Page 2 c Section 2. The Zoning Map amendment is herewith designated as 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 .RCIN 43.21C.Ofi4. ~Section_3. The Council adopts the Findings of Fact and Conclusions of Law, in . . _ . the-Hearin Examiner's recommendation outlined below:. 9 FINDINGS OF FACT 4 Procedural: 1, A licant. The applicant is.~ Ray Keasey. ~ ~ . 2. Hearin .The Hearing Examiner conducted a hearing on the application at 5:30 p.m, at Auburn City Hall in the Council Chambers on February July 28, 2010. . Substantive: 3. SitelProposal_Descri~tion. The applicant has requested a rezone to change one parcel from R-~~0 Reside~ntiaf to R-20 Residential. A Comprehensive Plan Land , Use Map amendment was applied for concurrently with the rezone on June 19, . 2009. The applicant requested a land use change from Moderate Density ~ f Residen~~al to High. Density Residential. The.City Caunc~l approved the amendment on December 1;2009 by ordinance No. 6280 Exhibit 8}. The rezone site at 8th Street NE is approximately 1.58 acres ~fi8,825 square feet} in .size and contains anexisting 30 unit. multi-family. development. Based . upon the allowed densi#y in the. R-20 Residential ,zone, one additional unit may be permitted. ~ 4. Characteristics of the Area: The subject site is adjacent to .the Green. River: To the north along 8th ~Sti"eet, ,the property is zoned High Density,Residential R=20, and to the South, the property is' zoned Single Family Residential R-7. To the west, the property is zoned Residential office and is occupied by a hair salon. . ~ 5. Adverse Impacts. The Examiner, concludes that. there~are no potential adverse 5 . impacts ~if the proposed rezone is granted. The property currently exceeds the density permitted by R-1 o and became non-conforming in 1981 when the zoning ordinance No. 6324 ~ , August st 20~o t Page 3 i code was redone, apparently by error. The rezone will allow only one additional dwelling unit vn the property, which creates minimal #raffic impacts. . RECaMI~ENDATION The Hearing Examiner recommends approval of REZ09-OQOS. .Section 4. Upon the passage, approval, and publication of this ordinance as ravided b law, the City Cierk of the City of Auburn shall cause this ordinance to be P Y recorded in the offce of the King County Recorder. .Section 5. if an section; subsection, sentence, clause, phrase or portion of y this ordinance or any.of the Zoning Map amendments adopted herein, ~ is for any reason . held invalid or unconstitutional by any Cvurt~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. Sec~vn fi. The Mayor is hereby authorized to implement such administrative rocedures as maybe necessary to..carry out the directives of this legi5lation.~ p Section 1. This ordinance shall take effect, and be in force five days from and after its passage, approval, and publication as provided bylaw., INTRODUCED: PASSED: - , APPRaVED: Peter B. Lewis MAYA R r~~~~~~ ordinance No. fi3~4 August 9, 2010 Page 4 ATTEST: . , ..L . Danielle E. Daskam,~ City Clerk APPR~VED:AS T~ FARM: angel B. i , City Attorney.. Published: a 4 ~w~ Ordinance No. 6324 ~ ~ ~ ~ . August ~o~ ~ Page 5 ' ~ CITY ~F ~ ~Pefer B. l~wis, Ma_ yon ' ~ ~ 75 West Mc~n Sfreet * Aubum WA 9~ I-4998 # www.auburnW~.gov *253-931-300 w~sHYn~~TO August s, zap o Raymond L Keasey 98aa zO8th~ Ave NE . Redmond, WA 9853 Re: Application No. RE~~9-40Q5 Qear Mr. Keasey: Aftached is the Hearing Examiner's offcial recommendation to City Council regarding your request that was considered by the Hearing Examiner on July 2B, za~0. ' . Your land use posting board sign must. stay posted until completion of the request for reconsideration period as stated in the Request for Reconsideration portion of this document. if you have any questions regarding the attached, please give me a call at ~Z53} g3~ -3~gz. . Sincerely, r Elizabeth Chamberlain Planning Manager Planning and Development Department ECIr . CORR1 aZ9~ Enclosure ~ ~ cc: Planning Director Public vVarks Director City CEerk AUBURN MARE THAN YOU IMAGINED Findings and Decision lication No. REZ~9-Q~~5 APP Page 2 REQUEST FAR RECONSIDERATION ~ ~ . An a of record why feels the decision of the E~arniner is based vn error of . - Y P ~Y - procedure, fact or~judgrnen~; or the~discovery of new evidence may fie a written, request fvr reconsideration with the Hearing Examiner no later khan 14ugust 1fi, ~a14, ~I~~4 by 5:ao p.m. ReGOnsdera#ion reques#s should be, addressed to: Hearing E~caminer, 25 West Main Street, Auburn, V11A. ~ 98~a~-4998. .1' 1 N E~ANZINER F(~R THE CITY OF AUBURN BEFCRL THE HEART G 2 Phil Olbrechts, Hearing E~anainer . 3 RE: Ray Keasey ~ 4 ~ ~ FINDINGS ClF FAQ', CDNCLU~~DN'S Rezone OF LA'4~ AND RECUII~EN~3AT~GN. - 5 ~ ~ , REZ09-o405 . ~~6 ~ :INTRGDUCTI~N ~ The a licant has re nested a rezone to change one parcel from R-10 Residential ~to PP q R-24 Residential. The Examiner ~recamrnends approval of the request. . 9 - ~ ~I~AL TESTIM(~N'Y 1~ la ~ Ms. Chamberlain, PlanniingManager far the City of A.uburr~, Hated a typo on gage 5 of tlae staff re rt. ~ Under "Recommendation," Ms. Chamberlain stated that there are - ~ ,1 no canditians of approval. recommended by staff for this appl~cat~on. The -staff report mistakenl states ~ that staff recommends approval of the rezone with the following . l3 . _ y , , condxtYOns and lei the. cond~t~ons blank. 1.4 . ~ The Examiner noted. that a comment letter clamed that the rezone would result xn the ~l-5 addition of ,l ~ dwellinunits and asked .for clari~catian: Ms.. Chamberlain confirmed g ; , . ~ . #hat~ the rea~ne would only add one additional dwelling unit because the property xs l 6 nonconforming. ~ The property was built in 19b8, and the City's zoning code was redone in.1 X57. , Ms. Chamberlain stated that although ~~he property was already in . , 17 ~ -1 d densit in 1 q8T for whatever reason. it was designated R-1 Q when. . excess of the ~ y , l~g ~ it shauld~have be+~n designated as R-2U. 19 Addressi~ag ~ the traffic concerns in Ms. iVlartin's comment letter, the Examiner asked whether the addition of one dwelling unit. would affect the LQS for 8th Street. Ms. ~ ~ Chamberlain stated that .'8th Street is aheavily-travelled corridor, but that ~he~ City does have signalizatian improvements lined up far canstructian, which will begin 21 shortly at the intersection of Sth Sit :and R Street. Ms. Chamberlain stated that from a concurrency standpoi~~t, adding ane~ additional unit. to the network v~ould .not present a problem, The traff c impacts were reviewed and ~ approved by ~e City's 23 appiapriate department prior to the.hearing. ~ E~HxI3~TS 2,5 . ~ ~ . ill exhibits listed ~n the Exhihit List at Page 5 of the staff repo~~t on this applicatjon, f dated duly ~15, 20.1, are admitted. Zn the addition, the following exhibits were admitted during the hearing on this matter; ~~arso~o~o.n~;~~oaos~.~aaaaai Rezone p. l ~i~dings, Conclusions and Decision l Exhibit 9: Aff davit. of Publication Exhibit IO:Comment Letter from Jo Ann Martin. 2 ~I~a~~v~s or FACar 3 . . Proce~ural~ ~ 1. A licant: The applicant is Ray Reasey. ~ . .2. Hearin . The Hearing Examiner conducted a hearing on the application at . ~ 5:34 p.m. at Auburn City Hall in they Council Chambers on February July 28, 2014: 8 Suhstantlve; . 9 3, SztelPra oral Descry ton. The applicant has requested~a rezone to change, 10 one parcel from R-14 Residential to R•20 Residen#ial.. A ~ Comprehensive Plan Land ~ Use Map an~en~rnent was applied for concunrer~tly with: the rezone on June 1 2049. l l The applicant requested. a land use change from. Moderate Density Residential to High Density Residential. The. City Council approved the amendment on December 12 1, 2009 by Ordinance :No. X254 Exhibit S). . 13 The rezone site at 8th Street NE is approximately 1.58 acres X65,825 ~squ~are feet} _ ~ I4 in size and contains an existing, 3~ unit mold-family development. Based upon the allowed density in the R-24 Residential zone, one additional unit nay be permitted. . l~5 . 4. Characteristics of-the Area.. The subject site is adjacent to' the Green . 1 ~ River. To the north alon Sth Street, the property is zoned High Density Residential . l7 R-20, and to the South, the property is zoned Single Family Residential R-7. To the west, the property is zoned Residential Office and is occupied by a hair salon. 1$ 5. Adve~~se Ym acts. The Examiner concludes that there are no potential l9. adverse ,irn acts if the proposed rezone is granted. The property currently exceeds-the p . ~ ~ density pernitted by R-I4; and became non-conforming in 19$7 when the zoning code 20 ~ was redone a arentl b .error. The rezone will allow only one additional dwelling pp Y Y, 2 l unit on the property, which creates minimal traff c impacts. 22 CONCLUSIONS OF LAw 23 Procedural: 2~ 1. Authorit ofHearin .Examiner. ACC I S.6S.030~8}~l}(a~ grants the. . .25 Hearing Examiner with the. ~authdrity to review and make a recommendation on . rezone requests to the City Council if the planning director determines that. the rezone requests are consistent with the comprehensive plan. The planning di~tor has ' KNC84t?~4~.IXlC;ll00Q83.~Q041 . Rezone ~ - p. 2 Findings, Conclusions and Decision determined that the. rezone request Is consistent with the comprehensive plan. The 1 comprehensive plan land use. map designation for the property is High Density Residential, as amended, by Ordinance 6280. 2 ~3 Substantive: 4 Zonin Desi tion. The m rty is currently zoned R-f 0 Residential. ~ . 2 - ~ P Pe 5 ~ 3, Case .Law Rev'ew-Criteri and. A li~tion, Waslungtan appellate courts . . ~ have im sed some ~rezori~ criteria, requiring that the proponents of a rezone. must . b . , p° . , , establish that ~cond~tions have substanttal~y changed s~nCe the original showing- and . that the rezone must bear, a substan~al relationship to the public health, safety, morals , 7 - 1. if a ar welfare. See ~hmann-Yamane, LLC v. ?'abler, lOS lien. App. 143,111 ~2D4 ~ . . 8 rezone im lements the Comprehensive Flan, a .showing that a Change of p .circumstances has occurred is not required. I~ at 11Z. 9 ted in the ~ findin of fact, the comprehensive plan land use map designation l0 As no .8s was amended from Moderate Density., #a High Density Residential in 2049, High 1 l Densi Residential corresponds to residential zoning d stricts allowing ~ 16 to 24 tY , dwelling units per acre. Auburn Comprehensive Plan, Page 14.5.-14:7. The current 12 R-10 zoni " is Inconsistent with this de$ign~►tion and adoption of the R-20 ~ deal -flan is necessary to implement the. comprehensive plan amendment adopted. in 8~ 13 ~ 2449. . 14 ~ ' nshi to the blic heal safe ,morals and The rezone bears a substantial relat~o p pu ti4 tY 15 welfare of the communi ~ because it will be appropriately tinned to allow for High tY Density Residential ~muld-family use along arterials where supporting fac~li~es, l6 such as utilities, parks, and transit service are available. ~ . 17 has no additional criteria for rezones in its code. The City of Auburn 18 ~ . 19 DECISION 20 The HearingExaminerrecommendsapproval of REZ09-4045. 21 . Dated this 6th day of August, 241 D. 22 . 23 24 F 1 Clbrechts, City of Auburn Hearing 25 ~ Examiner ~ ~ . Kt~E8444~10.DOC;11p~83.9Q00Q01 . Rezone p. 3 ,Findings, Conclusions and Decision I ~ Exhibit .1 . 1 ~ Number of Pa es 5 . ~ ~ ~ .AGENDA B[LL APPROVAL FORM . ~ - Agenda Subject: REZ09-0005 Riverside Vilage Rezone Data: ►~uly ~15, 20.10 ~ . Department: Planning and Attachments: See Exhibit List budget Impact: NSA Development.. , . ~ - . Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the . ~ , ~ Riverside Village rezane. Background Summary: ~ . ~ OWNERI APPLICANT: ~ Ray Keasey 9880 Z08`" Avenue NE, Redmond, V11A y . ~ REQUIST:~"~~~ ~~Ch~ange ~in zoning of one parcel from R-10 Residential ~1 D dulacre} to R-ZO Res~dentia~ ~ ~ ~ " . , ~ (ZO dulacre} . ~ L4CATl4N: The property i5 located ~at 16D8 8~' Street NE, Auburn Parcel No:1121 D591 fi3 ~ ~ ~ . LEXISTING LA1VD USh: ~ .Multi-family, apartments. ~ M h. . _ ~ ~ COMPREHENSIVE ~ ~ ~ - ~ ~ PLAN DESfGNATfQN: High Density Residential SEPA STATUS: ~ A DNS-was issued on September 22, 2009 for the Comprehensive Plan land use ~ change that took into account the rezone change. a . Reviewed by Council ~ Committees: ~ Reviewed, by Departments ~ Divisions: ❑ A~#s Commission ~ COUNCIL COMMITTEES: ~ ®Building ❑ M&0 ❑ Airport ❑ Finance ~ ❑ Cemetery ❑ Mayor - ❑ Hearing Examiner ❑ Municipal Serv. ❑ l=tnance ❑ Parks ❑ Hyman ~5ervices ❑ Planning & CD ~ ®Fire ®Planning ❑ Park Board ~ ` ❑ Public Works ❑ Legal, ~ ❑ Police ❑ Planning Comm. ❑ ether ®Public Works ~ ~ ❑ Human Resources ❑ Information Services - AGtion: Committee Approval: ❑Yes ❑No ~ . .Council Approval: - ~ ❑Yes ❑Na, ~ Coq far Public Hearing 1 1 Refereed to ~ Until ! 1 . Tabled ~ Until 1 ! , Cvuncilmember: StafF:.Chamb~erlain - Meetin Date: Jul 28, 2010 ~ . ~ ~ Item Number: . Agenda Subject: REZ09-0005 - Riverside Village Rezone Date: July 15, 2010 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are'. Comprehensive Plan Zoning Land Use Project Site High Density Residential R-10 Residential 10 du/acre Apartments North High Density Residential R-20 Residential 20 du/acre Apartments/Senior Housing South Single Family Residential R-7 Residential 7 du/acre Single Family Homes East Open Space Green River West Residential Office RO Residential Office Hair Salon r Subject Site W7 f J TT Y t rk 7 = -IT -I ,I T :w 4A C•! .111:..../ .i• Ct t y.. f c _ - M!P I 40 4J I:, C• i1 .1 C. d .ka ?.L-. •.i:• U :µ4 11?r -'.f ~lfi 11:x.\- 1l . 4 1wi... -0-11 Page 2 of 5 f ' } .Agenda Subject: REZ09-0005 --Riverside Village Rezone Date: July 15, 201 D FINDINGS ~F FACT: 1. Ray Keasey has applied fora rezone for property located at 1608 8~' Street NE, Auburn, ItVA. 2. A Comprehensive Plan Land Use Map amendment was applied for, concurrenfiy with the rezone on June 19, 2009. The applicant requested a land use change from Moderate Density ~:~w " ~ Residential to Hig~h~~Density Residential. ~ TheCity Council approved the amendment, on December 2009 by Ordinance Nv. fi280 Exhibit 8} ~ , 3. The rezone site at 8~' Street NE is appro~cimately 1.58 acres ~fi8,825 square, feet} in size and contains an existing 30 unit multi-family development ~ ~ , . 4. Based on the allowed density in the R-20 Residential X20 dulacre}zone, one additional unit may be permitted. 5. The applican# fled an environmental checklist that addressed the comprehensive plan amendment and rezone: A description"of future development of the property was included. The _ ~applicantproposes to construct.ane additional unit within an existing building. ~ ~ ~ , "Wi; W.~_..:~ " fi. The R-20 Residential X20 dulacre} zone district permits multi-family development outright see ACC 18.07:020}. The intent o~ the R-20 .zone is: "to provide for multiple~family residential, development and is further intended as a " - residential zone primarily ofmultiple-family residences, except as specifically provided elsewhere in phis chapter. A related consideration is to make it possible to .mare efficiently ~ . . , , and.economicallydeslgn and~install all physical public service facilities in terms of size. "y " , ~ . ~ . and capacity tv adequately and permanently meet needs resulting from a defined;~. , . ~ ~ . - ~ ~ intensity of land use. ~ ~ ~ . . . 1. The R-20 zone development standards including setbacks and lot requirements are contained in ACC 18.07.030. ~ , . ~ . 8. Pursuant to ACC 18.fi8.030 and 18.58.040, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the applica~an,~the " director shall determine which ot<the~following two processes should occur to properly hear the . rezone: a. If the rezone inconsistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation tv the city council pursuant to ACC 18:fifi.170. This application is consistent with the comprehensive plan, as outlined below in the conclusions. f.." 9. ~4n September 21, 2009, the SEPA Responsible Official issued a Determination of Non- Signifcance DNS}for the comprehensive plan land use amendment~that also took into account . the rezone. There were no~ Comments received and no appeals filed Exhibit 6}. 10. Pursuant tv ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior ~o the public hearing and in accordance with ACC 14.07.D4~. The public hearing notice was published in the SeattleTimes on July 13, 2010, provided to the property~owners within 300 feet of the . subject'site, and pasted on thesubject property mee#ing this. requirement Exhibit 5}. 11. The City Council changed their role in quasi-judicial approvals giving that authority to Hearing Examiner tv make decisions. Since rezones are approved by ordinance the City Council is sfiil Page3of5 Agenda Subject:.REZ09-OD05 -Riverside Vllage Rezone Date: July 15, 201 D the decision maker on rezones with the Hearing Examiner making a recommendation on the proposal. ~ ~ ~ ~ ~ ~ - 12.~ 8~' :Street NE is a minor arterial and this road classification supports the rezone request. t . 13. The subject site is adjacent tv the .Green River and ,is :within the 200 foot shoreline management area. The Shoreline Environment-`designation ~is Shoreline Residential. Rezones are. not subject to~the Shoreline Management.Program, however, residential zoning is consistent with the ShorelineResidential designation. CONCLUSIONS: ABC Chapter 18,fi8 provides certain criteria for approval of a rezone: The rezone must be consistent with the Comprehensive Plan. .f•~ Comment - ~ ~ - ~ The applicant submitted for bo#h a rezone~and comprehensive-plan amendment an.June 19, 209. The.,cvmprehensive plan amendment was processed as~ part of the ZOD9 annual amendments. The land use map amendment was from Moderate Density Residential to High Density Residential. On `December 1, 2009 the City Council approved the comprehensive plan amendments through - Ordinance No. fi280 Exhibit B~. - . ~ ~ ~ ~ .Policy LU-34 ~5tates that multiple=family developments should. be located functionally convenient tv . the necessary supporting facilities including utilities, arterials; parks; transit service, etc. Pursuant to , chapter 14 of the Comprehensive Plan; High Density.Residential is to provide an opportunity for the - - ` ~ ,location of the most,ecvnomical.forms:~af-housing in=areas, appropriately situated .for such uses under - ~ ~ M ~ the policies of the comprehensive plan. Riverside Vllage is an::existingmulti-family development with . 30 units. The applicant proposes to add one additional unit to~the complex. . The proposed rezone will take an existing developed mini-family site and bring the zoning in line with the existing density Level while .also allowing the potential for one additional unit.. Also, the subject site 'is within i/ mile of transit service, parks, and is located on a minor ar#erial street: 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner . ~ . , to consider the request. :Comment - . ~ The rezone Chas been initiated by the property owner, Ray Keasey, who is also the applicant. 3. Arty changes or modifications to a rezone request made by either the Hearing Examiner or - . ~ City Council will not. result. in a more intense zone than the one requested. .Comment The requested rezone change, from R-10 Residential (1 Q duiacre~ to R-2D Residential ~2o dulacre}, will not result in a more intense~zone than what is requested. , - E In addition, the Washington State Supreme Court has identified other general rules for rezone applications see Parkridge v. ~ Seattle, 89 ~11Jn.2d.454; 5?3 P.2d 359 918~~:, ~ . . a, Conditions in the area must have changed since the~or'rginal zoning was established. Page 4 of 5 - ~I J Agenda Subject: REZ09-OQ05 - Riverside ~lfillage Rezone Date:.July 15, 201 D .Gomment ~ ~ ~ . . ,The rezone proposal is consistent.with the:comprehensive plan land use designation for the subject property. As mentioned under the findings of fact; a comprehensive plan map - amendment was processed in 2409:anal approved by the City Council. The proposed rezone. brings the zoning consistent with the comprehensive plan. b. The proposed .rezone must bear~a substan~al relationship to the general welfare of the ~ - ~ ~ - pommunity. The property is currently developed as mulfi-family with 30 units, Rezoning the subject property to R-2D Residential ~~0 dulacre} willbring the zoning in line with the existing density of the site ~ ~ . and will permit one. add~anal unit.:. Riverside Vialage provides needed housing tv a pcpulati~n within Aubum. As mentioned above, the subject site is located on a minor arterial, within walking distance to park facilities; and along the Metro 1 S1 #ransit route. . REC4MMENDATIDN . .Based upon the application and Findings .of Fact and Conclusions o~ thestaff report, staff recommends . , r - ~ ~ that the Heanng,~fi~caminer.~.recommend to the City Council approval of the rezone with the~follawing ~ ~ r ~ conditions of approval: Staff reserves the right fo supplement the retard of the case tv~respond to maffers and infvrmaLion raised subsequentfo fhe writing of this report ~ - EXHIBIT LIST ~ ~ - ~ ~Exhibi~ 1 ~ ~-Staff Report . Exhibit. Z ~ ~Vicin.ity Map Exhibit 3 ~ Application ~ . Exhibit 4 ~ Site Plan . Exhibit 5~ ~ Combined Notice of Application and Public Hearing with ,affidavits ~ ~ ' . Exhibit. fi Determination of Non-Significance and Final Staff Evaluation :r~ - Exhibit l ~ ~ Aerial Photograph Exhibit $ Ordinance No. fi280 Page 5 of 5 Vicinity Map Exhibit z N ~ 12b1'115TNE O 1`I~I'1'.V ~Itf - A P J 18IN ST NE q.. 1 1STH ST WE j rn 19TH OR WE 1TfHSTNE rn AEG 1TM ST WE L L 1HIlV Si WE L~1d5 ~1,HRf Si NE Grnen River Tra11 SIT. 94TH 5'1' NE-~ r-~ Mor[h Green River Park ~'r 71 ' 137N ST WE i { $C ]I:7'MI PL z m II ''I ti 12TH ST WE ~ Y yl y 4 x g ~j q a a m yY;T,` 11TH Sf N£ O,'~•'•r r i SE 318TH F4. HDI ST WE •i~ I L X1(11 n.ST~'~ st _ -8'fri ST-NE 3H - l ~ JTH ST SMOtfe am wn Park 1 d Py?p TrN ST WE 11•x,', y erg Sr WE l q ir, IFulmer Fk!M ST ~ 1 V 5TH ST WE n I'I 5 SfH Sr WE Jl C 4TH ST WE z '7y i -_4 fH 5'f NE w 3iE 5T NE F pp~` ~ ~ Lr z G z 93D ST WE w O Nab ST HE SE 3251W PL z z _ is<SINE r 1STSTNE 5 I y Om PL Y 2 RPLkE z I I n ~ EGINN 5'1' 1ST ST se y \ RA-5 State'Park-.u vb err. taarrv ws N w z y c N brST SG ~ N O z - lcl zalax~~p c~wu'y ST SE U R$)Gft Gleer7Rjvc"- ~I f Ib M1I ph' b plltl bYrc BC y'IIIf Ly r al I,r , II 11 I I I_ G ty k f I I 11 p Pi tl t y p M1 tlm I 1 bUl y0 ,I C1.W yG Iy F,II. tWIl bl l yp pe 1 a d- m m a I. t u I a I 1 -e - ip m ° I 1111 .1 zE Onn rrcbrmm., << w I . 11, T - King County thl, ,p .m-2, l I rr tlot on ibl ep s prohlbli b aacept by wr [lot purr ..slu 18 G r sl D- 1I151201b S-- Nina County IMAP Propony I ilui'I'nullon fltl'pllr'rww.niu'.rek, -IGIO Nl P) I ~y Y ~ ~~~~jj r~, r~ JUN ~ ~ ?.009 . 1,ST,~R L~ U~1''~+~~'~11~-~ ~'11'~~'~~'lE',f~~~N~S` ' Fro,~act Name a ~ ~ ~ t L ~a#e ! ~ Parcel Nv(s~ ~ St#~ Addres~,l,,~ ~ . N . ~ga~ t3~escrlpt~vn~.~af#aeded sepa~te s~e~et If necess~~ Applicant Name: i ~ i~!~ wti o a.1 v c„ ~ ~rS~.Y MaiimgAddress; ~~a~~ L~,~~,~►-. nt.~, ~c~a~~,,~a~,~,~ ~~053 Talepbon~ and Fay: ~ ::~~~~3.~~.z~ 3~'~ ~ : ~s~ ~ ~.t ~ sz ~ E _ :a Errlail. ~ar~ ~4~~5~~ y,,~~',~. Go wti.. ~1 a~ Droner ~If mare thsna ane atta~b another sueet~ Name:' ~'Iw~ a ~ Q ~ , s~r~~s.~.~ Maiting Address: °18ao ~ ~a ~ v~ , c~. ~L~Ow►o~~,w q q$os~ Tetephane and Fa~c: ~:~~xs~ a~~ ~ ~ t~ ~ sz~ ~ ~ :ray @v~w~~.,l.r:~~ Si natu~ . E~rglneerlArchltectnrel~er ~ ~ ~ ~ . _ - ~tame: Mailing Addr 0 Tetephvne and Fax ~ Email: ~ ~Desaription of Prapa ed Actions }~a~~~~o~i~ :~V~M~~~~+~ 7ei GVR~tNr u S~ (siwc~ lK~a~ A~ ~0 f us T e of lieation uIred Check all that A Administrative Appeai~ mane site specific}* A~► ~Vfde AdmiNS#rative Use Perrrut* Sh4r~ .~1at Ant~exativri* Special Exc~epnvn* Bonndary Line Adjustment Speciai~ ~IQme occupation Perrnit~° ~omp~rahensive Plan Amendment Text or Map}~ Subs#an~a1 ~hvrsllne Develapment~ ~ondi~anat Ilse Perntit* Surface Mining Fexmi~ Crlt€r~.l Axeas Variance* Temporary Use. Permit Development Agmement~ '~arianr,~ Environmental Review ~SEPA}* *Please note tbat pubic noti~catirm xs Flnnt Plat rewired. A separate cast is charged . Preliminary PI~~ fm' too signs. ~ify Prepares sites but PU~D Site Ptsn Approval applicant responsible four sign pasting, . Re~sanable iJse Exce tian* Page r o#'~ N~ N1C~RE THAI YOU II~A~II~ED ' 1 . h ' ~ 1 . ~ y i L/ ~ ~ r1 i~.! ~ ~ _ ; alt . . ~ li_~ T ~ Hill. ~ - ~ . . ~ , ~ ~ ~ 5~ 313! ~ ~ f , _ ~ .x, ~ ~ ~ _ w ~ ~ . , i t ~ . i s~~. _ ~ . i ~ _ 0 - 3 ~ N ~'C ~ ~ SAC I~ ~.Y ~ ~ ~ ~~5~~ ~ 1ST 1~ ~ ~ ~ ~ r ~ ~ ~ 1 ~r...r a N i ~ 5 EXHiBI~` A nARCE~ A: ~ Portion af. Government Lcx~ 3, Section i7, ~awnsha.p ~1 North Ran e 5 East, .W. . ~n ~Cin - ► g ..~AS,,,~: M; ~ g Ctiunty, 9~ashin ton described ~ ~r ~ , ~ . ~ ~ ~ g as ~a~.lvws ~ ~ , Beginning, at the .northwest coriter~ of said. Section 17 • . TheIIGe . S~~tth ~ ° ,r ~ ~ .2~ a3 weet~ along weft ~~:fne 30 feet, • Thence south 8'9°08'27" east para].le~ to north line of said Secti ~ . ~ 236.45 feet . to 'the TRVB ~pOZN~ 4F BSGINI~ING far this descri t~.on • on, P Thence continuing south~8~°0~~27" east xB~e.81 feet tv the west bank ~ of the Green Ri~er1~ ~ E . ~'heh~e south 34p37' 27" eaf~t a~,ong ~aid~ west hank 183.68 point 184 fe ~ feet to a et south of the fort a ~of Secti l~in vn 17, Thence, north 89°~B' ~7{t ~~west a9~.4G feet; Thence earth 0 ° 22 ~ p3 " oast 15 Q feet to the 'TRUE PpIN',~ GF~ . BSGINNI~G. ~Port~ions of sections and 18, Tawrr~ship 2I North, .Ran e 5 Ea t ~ . W.M. r ~.n King County, Wash~,~agton, described as fallow ~ s s' i Hegatnning at the northwest corner of Section • Thence south 4°2~►43~-west along the west l~.ne 3~ feet to the TRIIB , ~ PGIN~ . 4F .B~4IN~TING for this de8crfptf an; ~ ~ ' Thence south B9°48~~7" east paral.].el to the north line said . ~ Sectivia '1.7., 236.9;5 feed • ~ Thence .so~t~h 0°22 ! 03r~ west 154 feet; ~ ~ , Thence. nvxth 89°08 r 2?~~ ,west 241.45 feet tv a paint 5, ~ feet w . est of the w$st line of sa~;d section 17; . Thence nvrt~ 0 °a2' 0~3'~: east ~ ~ . parallel to said west line 15~ feet; . Thence south 89°08 ~ 27~~ east 5.0 feet to the xRUE PaYNT aF....HFGINNING. r ' f y r .1 ;a N.r ~ rl i ~ + . i (~x,, ~ . ~ ry ti ~ ~ ' pity of ~ubu~n ~ , ~ . R~~~n~ ~ I~~a~~ ~~br~~~~~~ . _ . . af~ . . 1. ~Yhfs rezone request ~s cansfstent.w~th prapased changes to ~h~ ce~rc~nt Ca~p~ehensf~+e elan, ~ ~ , • . ~ current ut)l~zation a~ adjacent properties, and current utilization of theaubject pro ert . . ~ p. Y There will be no change In utili~a~ion o~ municipal services~as ~ result of thls ~e ue~t. . q . . ~ i 3 k I i ~ ~ ~'vr i ' J { a ~ a 1 1 is f •I i i f . JUN ~ ~ ~~~9 ; ~ , >t! ~ . x t • , • r ~ ~ ~I~'1 f ~ ~f~i''ur '~1 Q d _ ~ ty,•I, x • ~ ~ '"''i f;~ ,~I 1.~• ~ ~ r j~~ it ~'S f. i r+ ~ .F i ~ : A. ~ ' o r' ''E~' ` • ~ ~ - •a r s , f ~ ` ,w~ ~ ~ ~ ~ t.~,d' ; ~ ~ ~ ~ r• ~ f r ~ ~ ~ r ~ ~ r `..1411 ~ lY ~ ~ r ~ ~ ~ k ~1 f ~ r,f~,,, ; ~ h ~ rf 1, r • Ly~ ~h• ~ ~ ~ I ~ Y~ n ' .h V ~ ail 'f: u r i •ltl'f,~ " + r ~Y r Ii rt ~ f r, .6 1 V r F' Q I 1., i~iy, . i! hf r ~ ~ r ~ ~ . T. f f r'- J ~N _ jr ~ ~ i is ~ ✓ • lr ~ • = f ~ r ~ ~ ~ ' . ~ r~ ' W ~ ~s ~ ~a G ~ 2 . ~t~: h.~ , _ ~ ~ ~ 3x- ~ , a y ' ~ N e.. _ ~ p t , ~ ~ ~ ~ ~ ~ ~ ';a, W ~ = M~ ..w ~ ~ ~ ~ ~ 9N 1ST .-_z ' ~ ~ r ~ I~ ~ m ~ ~ ~ x: t ` r a ~ d~ ~ D ~ 4 : D 3 ~.t~ ~ ~ ~ ~ ~ © ~ 4+ ~ a ~ ~~w,~ W z b ~ ~ F ~ . ~ - 4 i yy yy`` R _ _ F I Cpl IIII F i i MI . = W x, ~ v ~ ~ _ ~ t' H 4 , ~ .M. C ~N1S~~ W ~ ~ ~ ~ :x~~°~ r ~ ~ R l~ q ~ ~ Exhibit S ~ . ~RDfNANCE N0. fi ~2 8 D ~ ~ . . - . ~ AN~ QRDINANCE QF ~ THE CITY COUNCIL QI" THE. CITY . ~ ~ aF AUBURN; .V~SHINGTQN,RELATING TQ PLANNIN.~G; ~ _ , : ,41r~ ~A~~PTING~~~C~7MPREHENSfVE PLAN MAP AND TEXT ~ .,,i~.~ ~ AMENDMENTS PURSUANT T~ THE ~PRQVISIQNS QF 4, r. ~ REVISED ~ C41]E QF UvA5HI~N~TQN ~RCw~ CHAPTER ~ 3fi.70A ~ - f: VIIHEREAS, the City of Auburn on August ~ 8, 986 adopted a Comprehensive . . ~ I'!an by Resolution No. 1743 which includes a~ 11~ap establishing the location of the . . Comp~ef~ensivePlan Land:~:se:~ designations throughout the City; and ~ ~ ~ ~ - ~ ~f ~ ~ . ~ ~ t~11HERl=AS, on Aprif 17, 1995 the City of Auburrti adopted Comprehensive ~ ~ . .Plan, Amendments by Resolution Na. 2635 to comply with the Washington State . f - ~ Growth IUlanagement Act; and ~ ~ ~ . U~JH~Rh•AS, the C' ~ ~~of Aubum on September 5; 1995 reaffirmed that action~~~'~~~~ ~_.e. i - ~ ~ ~ r by ~~dinance No. 4T88; and ~ . ~ ~ ,-1NHEREAS, ~ the City of ~-Auburr3 published in the Seattle Times and .Auburn ~ - Re orte~~an advertisement that the Ci is accepted comprehensive plan amendment p tY a lioations and established a deadline for submittal~of June 19; 2009; .and pp - . - UVHEREAS, the City 4f Auburn received four private initiated amendments, . ~ three map amendments and one text amendment; and . WHEREAS, the text amendment was withdrawn; and , WHEREAS, Comprehensive Man map and text: amendments were processed ~ , ~ , . b the Plannin , Buildin ,and. Community Department as proposed ~ Year 2009 Y 9 g .a - - ~ , ~ amendments to the City of.Auburn ~omprehensive~Plan; and . rrr~~w~~.~~r......~rr~ww~~wr~ Qrdinance No. 628D December 1, ZOD9 ~ ~ ~ - Page ~ WHEREAS, maintaining a current Comprehensive Water Plan is required in - - ~ ~~arder to meet regulations of the Washington.State ~~epartment~~of tleaEth under WAG 246-290-100 and, requirements of the Growth Management act under RCW 36.10A; and . VIIHEREAS, maintaining a current Comprehensive Sewer Plan is required in - . . ~ order to meet regulations of the Vlfashingtan State Department of Ecology under ~ :...~,_~:RCUI~ ~9D:48.1 DD and VIIAC 1?'3-240-05Q and -requirerr~er~~s;~.af.~_.~tne Growth ~ . Management Act under R~1~1136.70A; and ~ WHEREAS, the updated Comprehensive„ 5tormwater Drainage Plan is intended to replace the 2DD2 plan; and ~ ~ . . ~ ~ M.,,, , ~ ~ ~ ~ WHEREAS, the City of Auburn is updating ~~its Comprehensive Transportation Plan in order to address the annexation of Lea .Hill and West Hill;. and UtiIHEREAS, the environmental impacts of the Year 2009 Comprehensive Plan . . . amendments were considered in accordance with ~ procedures of the State ' Environmental. Policy Act; and ~ WHEREAS, the proposed amendments ~~were transmitted tv the V11as~hington . ~ State .Gffice of Community Deveiopment and other State agencies for the 6D day review eriod in accordance with RCW 36,~QA.146; and P . WHEREAS, after ~prope~ notice published in .the City's official newspaper at f ~ least ten 1 ~ da s prior to the date of hearing, the Auburn Planning Commission on ~ ~ y . . wrwrMrwwM►wwrrrwrirrrrrrwrw . ordinance No. 628D December ~OO9 Page 2 ~ - - 1 . September 9, .2009, October 6, 2009, and November 4, 20D9 conducted public ~ hearings ~vn the proposed amendments; and WHEREA;~~~at the pub~iic-gearing the Auburn City Planning Commission heard ~ - .-:-~w; :y~ public testimony and took evidence and exhibits into consideration; and WHEREAS., thereafter the Auburn City ~ ~ Planning Commission made recommendations to ,the City Council on ~ the proposed Year 2DD9~ Comprehensive ~ . Plan map and text amendments; .and ~ ~ WHEREAS, on N"ova~~er ~~~6;~,.~.2.OO9 ~ the Public Works Committee of ~ the . ~ - ~ . ~ ~ ~ ~ Auburn Ci#y Council reviewed the :Planning Commission's recommendations; and ~ . WHEREAS, vn November 23, 209 the Planning and Community :Develo meet Committee of'the Auburn City Council made a recommendation to 'the . - p , . Ci#y Council; and^~ ~ ~ WHEREAS, on.~December 1, 2049, the Auburn City council considered the ~ ~ . . proposed~~Comprehensive Plan amendments as~ recommended by the City of Auburn ~ Planning Commission; . ~ ~ NOW, THEREFORE, THE CITY CaUNCIL ~~F THE CITY ~F AUBURN, . UvASl1lN~TDN, D0 ~RDA~N AS~~FOLLCWS: ~ ~ . , Section The 2D09 Comprehensive Plan. city-initiated Map Amendments are adopted, `and approved _as~ set forth in Exhibit "A" attached hereto and . inc4 orated herein b .reference: The City Clerk is directed that they be fi#ed along ~ . rp y . with this Ordinance and be available for public inspection: r Ordinance No. fi28D December 2DO9 Page 3 i Section 2. 'The 2009 Comprehensive Plan-Text Amendments including the four school district Capital Facilities Plans, City of Aubum~ Capital Facilities Plan,. City ~ - ~ ~ ~ -~;~_.:tof ~~Auburn Comprehensive Transporta#ion Plan; Citjr~~~~~of Auburn comprehensive Storm Drainage Pian, and ~ amendments to various chapters in the ~ Aubum - . i . .Comprehensive Plan are adopted and approved as set forth in Exhibi# "g~ attached - . ~ hereto and incorporated herein by reference. The City Clerk shall file them along with - , . y. th~s~ ordinance, and keep them available for public inspection . - ~ ~ ~:.-~Sectiv'n 3, ~ -The City of Auburn 2009 Comprehensive V~later'~Plar~~is~~adopted'~ -and approved as set forth in~ Exhibit "C~ attached hereto and incorporated herein by . . . reference pending approval.~from the Washington State Department of Health: City staff is` hereby authorized to make minor changes to the approved Comprehensive ~ . , Water Pfan based on comments recewed from the Washington S#ate Department of . ~ Health. Substantive changes shall be approved by the Auburn City Council. ~ . ~ . Section 4. The 24D9 Comprehensive--Sewer Plan is adopted and approved . ~ as set forth in Exhibit "D" attached hereto~~and .incorporated herein by reference, pending comments received from: the Washington State Department of Ecalagy and , .King County. pity staff is hereby authorized t~ rnake minor changes to the approved ,Comprehensive Sewer Plan. based on ~ comments received from the Ulfashington ~ . State Department of Ecology andlor King County. ~~Substantive changes shall ~be . ~ approveed by the Auburn City Council. Section 5. A plication CPA09-4402, Lyden and. Lyden Comprehensive Plan . P Map Amendment, requesting a land use change ~ from Light Industrial to Light . - wrrrrrrrrr-rNrrrrrrrr . ordinance No. 680 ~ ~ _ . December 1, 2009 ~ ~ ~ - Page 4 ~ , J • Commercial far property identified by parcel number 1221049420, is approved. The r • • ~ Council adopts the Planning:-Cammission's recommendation dated October 20D9. . Section fi. • -A~pplication~ ~-•C~A~9=004, . Craig Commercial Comprehensive • ,'`k;~,~ • Plan Map Amendment, requesting a land use change from High Density Residential , to Heavy Commercial for property identified by parcel number 5~ 25$OD241, is~. . ~ approved. Council adapts • the Planning Commission's recommendation dated ~ ~ ~ . . ~ ~ October 6, 2009 and the findings and conclusions outlined in the staff report dated • • November 30, 2D09. • - ~x~'~:. , ~ - ~ • Sec~on Applica~on.:GPA09~0005, Riverside Village Comprehensive Plan • r. lUlaAmendment, requesting a land use change from Moderate Density Residential • • ~ • p J ~ -to High Density Residentia! for property identifed by parcel number 11210591fi3, is ~ • • ~ ~ a • roved. Council adopts the~~=`~~lanning Commission's. recommendation dated• pP October fi, 2049 and• the findin s° and conclusions outlined in the staff report dated ~ ~ ~ ~ . g . ~ ~ ;Nave•mber 3D', 2049. • ~ ~ - . ~ . . . • : ~ Section 8. The 2x09 Comprehensive . Plan ~ •amendments modify 'the . ~ ~ ~ ~am••• •-rehensive .Plan adopted : on August 1 S, 198fi by Resolution Na. 1703 and. p . , . • adapted by Ordinance No. 478.8 an September•5,1995. • • ~ ~ ~ • Section g. The adopted Comprehensive Plan as amended are designated as . ~ ~ ~ • • • . a~ basis far the exercise of • substantive authpri~y under the 11Vashington State • • , . . - Environmental Policy Act ~.ey the ~ City's responsible environmental official in • . , . accordance with RC1N. 4~.2~~C,~60. rrrrrrrrNrwrrrrrrrwMrrrr Ordinance No. fi280 December 2009 ~ • Page 5 • . ~ Section 1D. if any section, subsection, sentence, clause, phrase or portion of ~ ~ ' this ordinance or any of the..Gomprehensive Plan amendments adopted herein, is ~or~ , . ~ ~ ~ ~ ~ .a~~i~ -mason held invalid orunconstitutional by any Courf{~~of compete~'~urisdiction, ~ - such portion shall; be deemed a~ separate, distinct and independent prvvisivn, and . ~ ~ such :holding shall not,affect the va~idi~ of the remaining parkions thereof.: ~Sec~on 11. The Mayor ~ is hereby authorized tv ~ implement such . ~ ~ ,administrative ,procedures as may be~ necessary to carry out the directions of this ~ ~ ~ f ~ ~ ~ ~'le ~Sfatian~-tv~ include incorporating .into one document the adopted ~~C~~npre~tensive ' ~ ~ 9 - . , Plan ~map~and~text amendments, attached hereto as Exhibit "A" and Exhibit "B" and - ~prepari.ng and publishing the amended Comprehensive Plan. ~ . . S~cti~n 12~: Section 3 of this ordinance shall take effect and be in force upon ~ ~~~°~feceipt of approval from. the Washington State Department of Healfh~~ Section 4 of. . n . thin ordinance shall take effect and be in force upon. receipt of approval from the - . ~Washin ton State Department of Ecology and King. County. All other provisions ofl ~ : - . g . _ . ~ this a~dinance~shall take effect and be in force fve days from and.after its passage,` approval, ~and~ publication as provided by -law. ~ . ~ . ~ ~ ~ . . ~ ~ - ~ ~ r ~NTR~DUCED: ~ DEC ~"2D~9 ~ ~ : , PASSED. 7 ~ _ APPR~UED. . . ~ ~ . ~ ~ Peter B: Lewis ~ ~ ~ . MAYOR w~.w.rw •w~~ rr ~..rw.r~wwwwwwww . ~ ordinance No. fi280 . December 2~a9 Page 6 . ATTEST: ,/j1~", - Dane Ile E. Daskam; ~ - ~ ~ ~ . . - ~ , . City Cierk' ~ . AP:PR~VED AS ~TU FORM: ~ ~ ~ , r,~ ' r . . ~ . nel B. Heid, - . ~ ~ , . City Attorney ~ ~ . ~ Pub is e . , , - . r ~ , ~ . . . 1 ' ~ Arwwrrwrrrwrwwwr+rwwwwwwr ~ ~ ~ ' Ordinance No. fi28~ December 2009 . Pagel . ~ . Nm,.. ~ ~ Page ~ of 1 . ~ll~abeth ~hamberl~ln . Foam: I~~ke and:JOanne l~~~tin lmamjhmc~amcast.n~et~ Sen#~ ~~#anday, duty ~ 8, Q ~:~2 AM ~ , '~'o: E~~abeth ~h~mber~ain o~g~~~ SUb~e~t. RE~d9~~~o3, Riverside Village . Eli~beth chamberlain: . I am writing to you to pr~avide my written comments regarding the application REZ~9-41~a5 {Riverside Village} to rezone that property from R.~ l 0 to R-2~. I am against this ~~ezone.. y 1 ~l: Thy i~te~•section of R Street NE and 8th Street NE is already HC~RI~BLE. ' ~ . i Adding one more apartment with potential w~ the xezone fibrn RIO to RM2a of adding ID more} will pnly add to the congestion of tlxat intersection,. 3. laming fronx the east tv the west to turn onto R-Street NE afters involves await=time of several minutes during high traf~o times. 4.. ca~~s exiting from Riverside Village toward the west already complicates the intersection with czars coning from R street NE towa~~ds the. porter bridge. S. Ifve personally. witnessed at least a dozen T'close accidents" involving pedestrians, vehicles, and .more vehicles within the last year, Please, do NAT add to this already H~RR~BLE intersection by granting additional apartments. ' Sincerely, Joanne Martin l 8l 8 4th Place NE Auburn, wA 98~~2 7I~S~2410