HomeMy WebLinkAbout6807 Instrument Number: 20201224000090 Document:ORD Rec: $116.50 Page-1 of 14
Record Date:12/24/2020 7:21 AM "
Electronically Recorded King County,WA
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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): ly
Ordinance No. 6807
Reference Number(s) of Documents assigned or released:
. I
GAdditional reference#'s on page of document
Grantor(s) (Last name first, then first name and initials)
The City of Auburn
Grantee: (Last name first)
RECORDING REQUESTED SY
NPANY
Hathaway, Rick ASAACCOMMODATION N
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE 31-22-5, NE 6-21-5, NW 6-21-5
►ii Additional legal is on page 6-8 of the document.
Assessor's Property Tax Parcel/Account Number:
000420-0025, 000420-0019, 000420-0013, 000420-0022, 000420-0024, 000420-0003
❑Assessor Tax#not yet assigned
ORDINANCE NO. 6807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REZONING SIX PARCELS,
APPROXIMATELY 37.1 ACRES, FROM R-20 RESIDENTIAL
AND R-7 RESIDENTIAL TO R-16, RESIDENTIAL ZONE — 16
DWELLING UNITS PER ACRE, WITH CERTAIN
CONDITIONS
WHEREAS, on December 7, 2020 the City Council approved the associated
Comprehensive Plan amendment under City File No. CPA20-0002 to change the Land
Use Designation of approximately 37.1 acres (the "Site", as legally described in Exhibit
A) to "Moderate Density Residential" under Ordinance No. 6803; and
WHEREAS, David Toyer with Toyer Strategic Investors, representing Rick
Hathaway with Westport Capital Investments, LLC (owner), submitted a concurrent
application to rezone the Site (REZ20-00020), consisting of six parcels, from "R-20
Residential" and "R-7 Residential" (split designation) to "R-16 Residential"; and
WHEREAS, Staff proposed to the Planning Commission that the rezone be
recommended to the City Council for approval only if certain conditions are applied
relating to maximum residential density, maximum number of apartment units, require
home ownership opportunities, right-of-way dedication, and a sewer pump station
analysis, in order to assure consistency with the City's Comprehensive Plan; and
WHEREAS, the "R-16 Residential" zoning district properly implements the
`Moderate Density Residential' Comprehensive Plan land use designation; and
WHEREAS, the environmental impacts of the proposed rezone were considered
in accordance with procedures of the State Environmental Policy Act with a Determination
of Non-Significance (City File No. SEP20-0006) issued on October 19, 2020; and
Ordinance No. 6807
November 30, 2020
Page 1 of 13 Rev.2019
WHEREAS, proper public notice was published in the City's official newspaper,
mailed to neighboring property owners, and posted on the subject properties at least ten
days prior to the public hearing; and
WHEREAS, November 4, 2020 the Planning Commission held a public hearing on
the rezone application and heard public testimony and took evidence and exhibits into
consideration; and
WHEREAS, the Planning Commission closed the public hearing and deliberated
on the rezone request, then made and entered findings of fact and conclusions of law in
support of the application; and
WHEREAS, the Planning Commission recommends approval of the rezone
application, subject to the conditions listed below; and
WHEREAS, the City Council concurs with the findings of fact and conclusions of
the Planning Commission; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Planning Commission's Findings of Fact and
Conclusions of Law. The City Council adopts the findings of fact and conclusions of law
made and entered by the Planning Commission in support of the recommendation to the
City Council, as set forth in Exhibit B.
Section 2. Approval and Conditions of Approval. The City Council approves
changing the zoning designation of the Site, as described in Exhibit A, to "R-16
Residential" subject to the following conditions:
Ordinance No. 6807
November 30, 2020
Page 2 of 13 Rev.2019
A. The maximum density over the entire Site shall not exceed 12 units per acre (the
minimum density standard of the R-16 zone), plus or minus 10 percent(%) (density
could range from 10.8 units/acre to 13.2 units/acre).
B. The maximum number of apartment units (rental units as defined in ACC
18.04.1110) over the entire Site shall not exceed 128 units. This cap is based on
the theoretical achievable number of apartment units for the pre-existing portion of
the site zoned "R-20, Residential". Any apartment buildings and/or units shall only
be located within the southern half of the Site. The "southern half' is defined as an
east-west line drawn at a point approximately 50 feet north of the northern
boundary of Section 6, Township 21 North, Range 5 East. Development of any
apartment units shall be done concurrently, or after, development of the housing
types listed in the following Condition C. The number of apartment units shall be
the same or less than the other housing types. For example, if an apartment
development is proposed with 100 units, at least 100 units of the other housing
types shall also be included in a concurrent development.
C. At least three types of ownership housing for the remainder of the entire Site shall
be provided, with each type of housing to represent a minimum of 15% of the
housing units. Ownership housing shall be defined as townhouses, rowhouses,
single-family detached, condominiums, multi-plexes (limited to duplex, triplex, or
fourplex), or other similar types as approved by the Director of Community
Development. For example, 15% triplex, 15% townhouses, and 70% single-family.
D. Right-of-way (ROW) shall be dedicated along with the first development proposal
on the Site, connecting, at a minimum, `L' St. NE, '0' PI. NE, or 'R' St. NE through
Ordinance No. 6807
November 30, 2020
Page 3 of 13 Rev.2019
the Site to the intersection of 'I' St. NE and 40th St. NE, as determined by the City
Engineer. Improvements to this ROW will be as determined by the City Engineer
for conformance with the City's Engineering Design Standards.
E. Upon any future development proposals for the Site, a sewer pump station analysis
shall be provided to the City for review and approval, the details as determined by
the City Engineer, to determine what upgrades are needed to the "Auburn 40"
sewer pump station to increase capacity to serve any development of this Site.
Section 3. Amendment to the Zoning Map. Upon this Ordinance becoming
effective, the official zoning map of the City of Auburn title "Comprehensive Zoning Map"
shall be amended to reflect this rezone.
Section 4. Recordation. 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 for Parcel Nos. 000420-
0025, 000420-0019, 000420-0013, 000420-0022, 000420-0024, and 000420-0003.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 7. Exercise of Substantive Authority. The zoning map amendment is
herewith designated as a basis for the exercise of substantive authority under the
Ordinance No. 6807
November 30, 2020
Page 4 of 13 Rev.2019
Washington State Environmental Policy Act (SEPA) by the City's responsible
environmental official in accordance with RCW 43.21C.060.
Section 8. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
DEC 072020
PASSED: DEC 0 7 2020
APPROVED: DEC 0 7 2020
£ MOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Cferk Kendra Comeau, City Attorney
Published p\ (l1,6 1h 41, StaACI- W
Ordinance No. 6807
November 30, 2020
Page 5 of 13 Rev.2019
Exhibit A
Legal Description of the Site
Parcel 1:
That portion of the George E. King Donation Land Claim No. 40 in Section 6. Township 21 North. Range 5
East, W.M., in King County. Washington, more particularly described as follows:
The North 45.00 feet of the West 348.00 feet of said George E. King Donation Land Claim, lying South of
and adjacent to that certain Common Boundary Line by Agreement dated March 19, 1979 and recorded
under Auditor's File No. 7903190605, records of King County, Washington;
Except the West 34 feet thereof.
Situate in the County of King. State of Washington.
Parcel No. 000420-0013-07
Parcel 2:
That portion of Lot 4 of Short Plats 10-81 and 12-81. recorded under Recording No. 8106090801 and
8106090734. King County Washington, lying West of the following described line.
Beginning at a point on the North line of Lot 4 in said Short Plat 10-81. 637.00 feet from the centerline of
"I" Street Northeast;
Thence South 00`35'33" West, 663.16 feet, to the South line of Lot 4 of Short Plat 12-81.
(Also known as New Parcel A of Boundary Line Adjustment No. LLA-0027-89, recorded under Recording
No. 8911281207).
Situate in the County of King State of Washington.
Parcel Numbers 000420-0019-01 & 000420-0025-03
Ordinance No. 6807
November 30, 2020
Page 6 of 13 Rev.2019
Parcel 3
That portion of Lot 4 of Short Plats 10-81 and 12-81, recorded under Recording No. 8106090801 and
8106090734. King County Washington. lying East of the following described line.
Beginning at a point on the North line of Lot 4 in said Short Plat 10-81. 637.00 feet from the centerline of
"I" Street Northeast;
Thence South 00°35'33" West, 663.16 feet, to the South line of Lot 4 of Short Plat 12-81.
(Also known as New Parcel B of Boundary Line Adjustment No. LLA-0027-89, recorded under Recording
No. 8911281207).
Situate in the County of King, State of Washington.
Parcel Numbers 000420-0022-06 & 000420-0024-04
Parcel 4:
Tract X:
That portion of the George E. King Donation Land Claim No. 40 in Sections 31 and 32,Township 22
North, Range 5 East, W.M., in King County, Washington and Section 6,Township 21 North, Range 5 East,
W.M., in King County, Washington, described as follows:
Beginning at a point on the West line of said King Donation Land Claim, 651.53 feet South of the
Southeast corner of W.A. Cox Donation Land Claim No. 38 being a point on the line described in that
Boundary Line Agreement recorded under King County Recording No. 7903021118;
Thence South 88°46'00" East along said line 2,167.39 feet to the TRUE POINT OF BEGINNING;
Thence South 01°47'59" West parallel to the West line of said King Donation Land Claim, 673.63 feet,
more or less,to a point on the line described in the Boundary Line Agreement recorded under King
County Recording No. 7903190605;
Thence South 88°22'00" East along said line 800.33 feet, more or less,to the East line of Section 6,
Township 21 North, Range 5 East, W.M., in King County, Washington;
Thence North 02"56'45" East along said East line, 288.23 feet to the Northeast corner thereof and also
being the Southwest corner of Section 32,Township 22 North, Range 5 East, W.M., in King County,
Washington;
Thence South 88°53'11" East along the South line of said Section 32, 193.166 feet, more or less,to the
Take Line described in King County Recording No. 7409060426;
Thence North 02°53'33" East along said line 159.73 feet;
Thence continuing along said line North 26°49'36" West 261.79 feet, more or less,to a point which bears
South 88°46'00" East of the TRUE POINT OF BEGINNING;
Thence North 88°46'00" West along the boundary line described in the Boundary Line Agreement and
Deed recorded under King County Recording No. 7903021118, 876.908 feet, more or less, to the TRUE
POINT OF BEGINNING.
Ordinance No. 6807
November 30, 2020
Page 7 of 13 Rev.2019
Except all that portion of the hereinafter described Tract"X" located in the Southeast quarter of the
Southeast quarter of Section 31 and the Southwest quarter of the Southwest quarter of Section 32,
Township 22 North, Range 5 East, and the Northeast quarter of the Northeast quarter of Section 6,
Township 21 North, Range 5 East, Willamette Meridian, King County,Washington, described as follows:
Beginning at a point on the East line of said Tract"X", also being the Northeast corner of the
aforementioned Section 6;
Thence South 02°56'47" West along the East line of said Section 6(and said Tract "X") a distance of
288.23 feet to the Southeast corner of said Tract "X";
Thence North 88°21'58" West along the South line of said Tract "X" a distance of 43.47 feet to a point on
the Reddington Levee alignment;
Thence leaving said South line and along said alignment North 01°37'47" East a distance of 6.84 feet;
Thence continuing along said alignment North 22°19'31" West a distance of 650.29 feet to the beginning
of a curve to the right having a radius of 165.00 feet;
Thence continuing along said alignment Northwesterly along said curve an arc distance of 67.85 feet,
through a central angle of 23°33'33";
Thence continuing along said alignment North 01°14'02" East a distance of 9.47 feet to a point on the
North line of said Tract "X";
Thence leaving said alignment, along said North line South 88°45'33" East a distance of 400.44 feet to
the Northeast corner of said Tract "X";
Thence South 26°49'34" East along the Northeast line of said Tract "X" a distance of 261.58 feet;
Thence South 02°53'35" West along the East line of said Tract"X" a distance of 159.33 feet to a point on
the South line of the aforementioned Section 32;
Thence North 88°53'12" West along said South line a distance of 193.17 feet to the POINT OF
BEGINNING.
Ordinance No. 6807
November 30, 2020
Page 8 of 13 Rev.2019
Exhibit B
Planning Commission's Findings of Fact and Conclusions of Law
Findings of Fact:
1. David Toyer with Toyer Strategic Investments, acting as Agent on behalf Rick Hathaway
with Westport Capital Investments, Owner, submitted applications for a Comprehensive Plan
Map Amendment and Rezone. The request is to change the Comprehensive Plan Map Land
Use Designation of 6 parcels totaling approx. 37.1 acres to "Moderate Family Residential"
from "Multi-Family" and "Single Family Residential" and associated rezone the properties to
"R-16, Residential 16 Dwelling Units per Acre (with conditions)".
2. The proposal consists of six adjacent parcels located on the east side of `I' St. NE at 40th St.
NE. King Co. Parcel Nos. King Co. Parcel Nos. 000420-0003, 000420-0013, 000420-0019,
000420-0022, 000420-0024, and 000420-0025.
3. Pursuant to Chapter 197-11 WAC and Chapter 16.06 ACC, this proposal is subject to State
Environmental Policy Act ("SEPA") decision. A Determination of Non-Significance ("DNS"),
for the Comprehensive Plan amendment and Rezone request was issued under City File
No. SEP20-0006 on October 19, 2020; with the comment period ending on November 3,
2020 and an appeal period ending on November 17, 2020.
4. The public hearing notice was published on November 19, 2020 in the Seattle Times
newspaper, at least 10 days prior to this November 4, 2020 Planning Commission public
hearing. Public notice was also mailed to property owners within 300 feet and those
requesting said notice, posting on the City's website, and posting at four locations on the
subject properties (on the `I' St. NE frontage, and at the termini of 'I' St. NE, '0' PI. NE, and
'R' St. NE along the northern property lines).
5. This Staff Report and recommendation describes and addresses a Comprehensive Plan
map amendment and rezone request by Westport Capital Investments. The other private
initiated Comprehensive Plan amendment applications, as well as the 2020 City initiated
Comprehensive Plan Amendments are addressed in separate staff reports.
6. Two comments were submitted, summarized as follows.
a. Earl Weaver, The River Mobile Home Park — concerns about any potential flood
mitigation along with future development. Staff Response: Staff provided Mr. Weaver
with information regarding any future development will need to meet the City's
floodplain regulations.
b. Melissa Child, 'I' PI. NE Resident — concerns about impacts to the wetlands and
wildlife habitat, traffic impacts, and that the housing will just be more apartments.
Staff Response: Staff provided Ms. Child with information on the presence of
wetlands, that there will likely be traffic impacts that will need to be addressed, and
Ordinance No. 6807
November 30, 2020
Page 9 of 13 Rev.2019
that a condition of the Rezone would be a limit to the number of apartment units and
would require a mix of housing types.
7. Chapter 18.68 ACC (Zoning) Amendments outlines the process for submittal of privately-
initiated zoning amendments and the general processing. Per ACC 18.68.030(B)(1)(b),
when the Planning Commission is considering a rezone (zoning map amendment) which
requires a Comprehensive Plan Land Use Map amendment, the public hearings shall be
conducted concurrently and a recommendation on both shall be forwarded to the City
Council. Note that this amendment is vested to the version of Ch. 18.68 ACC that was in
place prior to the updates to this chapter earlier in 2020 (Ord. No. 6779).
8. Pursuant to RCW 36.70A.106, the proposed Comprehensive Plan amendment outlined in
this agenda bill were sent to the Washington State Dept. of Commerce and other State
agencies as required for the 60-day State review. No comments have been received from
the Dept. of Commerce or other State agencies as of the date of this report.
9. The following Staff Report and recommendation describes and addresses the
Comprehensive Plan Land Use Map amendment and Rezone request by Westport Capital
Investments.
Staff Analysis:
1. The Comprehensive Plan amendment seeks to change the Comprehensive Plan Land Use
Map Designation of a total of six parcels to "Moderate Density Residential". Three of the
parcels (000420-0025, 000420-0019, and 000420-0013) are currently "Multiple-Family
Residential" totaling approx. 5.3 acres. The other three parcels (000420-0022, 000420-
0024, and 000420-0003) are currently "Single Family Residential" totaling approx. 31.8
acres. The three parcels total approximately 1.89 acres.
2. The Rezone request seeks to change the zoning classification of approx. 6.4 acres from "R-
20, Residential 20 Dwelling Units per Acre" and 30.7 acres from "R-7, Residential Seven
Dwelling Units per Acre" to "R-16, Residential Sixteen Dwelling Units per Acre". Note that
the zoning boundary does not exactly align with the Comprehensive Plan Designations.
3. The Applicant has supplied narratives for the Comprehensive Plan amendment and the
Rezone request applications. At this time there is no specific construction project planned
for the property if the requests are approved.
4. Based on conversations between City Staff and the Applicant, the rezone request includes
the following proposed conditions:
a. Place a cap on the maximum density at 12 units per acre (plus or minus 10%
variation), the minimum of the R-16 zone.
b. Place a cap on the number of apartment units at 128. This cap is based off of the
existing R-20 acreage of 6.4 acres multiplied by 20 units per acre. Any future
multifamily units would be located in the southern half of the Site.
c. Require at least three types of ownership housing for the remainder of the Site
(approx. 320 units, plus or minus 10%) with each type of housing to represent a
minimum of 15% of the housing units.
Ordinance No. 6807
November 30, 2020
Page 10 of 13 Rev.2019
5. Based on the existing zoning classifications and acreages, a total of 128 apartment units
could be built(the R-20 zoning) and up to 215 single family units (R-7 Zoning). If the Rezone
request is approved the number of apartment units would remain at 128 and the number of
other types of housing would be up to approx. 320 units (plus or minus 10% would make the
range around 275-364 units), a potential increase of approx. 105 units (with the 10% it
would range from 60-150 units).
6. As shown in the table below and the following map, the surrounding properties have varying
degrees of development. The area to the north contains existing single-family residences
("Monterey Park" subdivision, formerly"Auburn 40", approved as a planned unit
development (PUD)) on small lots (-3,500 sq.-ft. lots), the property to the south is vacant
(owned by the Auburn School District), to the east is owned by King County for open space /
recreation, across `I' St. NE to the west is developed commercial land, and northwest of the
Site and east of`I' St. NE is three large single-family lots with existing residences as well as
3 lots zoned R-20 ("Labrador Rezone"from 2018).
7. The current Comprehensive Plan Land Use designation, zoning classification, and current
land uses of the subject properties and surrounding properties are as follows:
Comp Plan Designation Zoning Classification Existing Land Use
Site "Multiple-Family Residential" R-20, Residential Vacant
and "Single Family Residential" and R-7, Residential
North "Multiple-Family Residential" PUD and R-20, Single family homes
and "Single Family Residential" Residential
South "Single Family Residential" R-7, Residential Vacant
East "Single Family Residential" R-7, Residential Vacant, Green River
Trail
West "Heavy Commercial", "Multiple C-3, Heavy Commercial and
Family Residential", and "Single Commercial, R-7, Manufacturing Uses,
Family Residential" Residential, Vacant, and Single
and R-20, Residential family homes
8. The two western-most of the six parcels front onto 'I' St. NE which is classified as a `Minor
Arterial' street. `L' St. NE, '0' PI. NE, and 'R' St. NE, which are all "Local" streets, all end at
the northern boundary of the site. These roadways, which were constructed along with the
development of Monterey Park, were designed to be continued into this Site; upon future
development one or all of these roadways will be extended into and through this Site. The
existing R-20-zoned areas where approved under City Ordinance No. 4299, which required
40th St. NE to be extended into the Site to the eastern boundary of the R-20-zoned area. A
condition of this Rezone will include extension of 40th through the Site to provide a
connection, or multiple connections, into the Monterey Park subdivision. This is also
required for emergency vehicle access which requires a secondary access when the
number of dwelling units reaches 30 single family units or 100 multi-family units.
9. A Traffic Impact Analysis (TIA) was prepared to analyze the difference between the existing
zoning and if the entire Site was rezoned to R-20 (which was the initial request by the
Applicant, and later revised). As there is no development proposal at this time, the TIA
looked at"worst case" scenarios of the map changes. Under this scenario the Level of
Ordinance No. 6807
November 30, 2020
Page 11 of 13 Rev.2019
Service (LOS) at the intersection of'I' St. NE and 40ft' St. NE would require intersection
improvements upon future development. What improvements will be required is not known
at this time since there is no development proposed, so a general condition will be included
with the Ordinance.
10. The Site is located within the City of Auburn water service boundaries. It is anticipated that
there will be adequate water service upon future development, with any development
responsible for extending water service to and through the Site, consistent with the Title 13
ACC and the City of Auburn Engineering Design Standards.
11. The Site is located within the City of Auburn sewer service boundaries. There is an existing
sewer pump station that was constructed along with the Monterey Park subdivision to the
north that was designed to serve this Site based on the existing zoning. A sewer pump
station capacity analysis was submitted to analyze if upgrades to the pump station would be
required if the rezone was approved, which there would be. This study was based off of the
initial request of increased units under the R-20 zone, however, is still applicable to the
revised request. What upgrades are needed to the pump station would be determined upon
any future development proposals. A condition will be included with the rezone Ordinance
addressing future upgrades.
12. A Critical Areas Memorandum was prepared and shows a wetland along the southern
border of a portion of the Site and another north/west of the Site adjacent to 'I' St. NE. The
Memo shows the wetland to the south as a "Category II" and the northern wetland as a
"Category III". Upon future development a full Critical Areas Report, consistent with Ch.
16.10 ACC, will be required.
13. There is a portion of the eastern area of the Site that is shown on the FEMA Flood
Insurance Rate Maps (FIRM) as being located within the Special Flood Hazard Area (SFHA)
and the 500-Year Flood Hazard Area. Upon future development appropriate studies and
possible floodplain permits will be required, consistent with Ch. 15.68 ACC.
14. The purpose of the City's Comprehensive Plan is to provide a policy basis for potential
zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent, as required by the following City Code provision:
"14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the comprehensive
plan. Capital budget decisions shall be made in conformity with the comprehensive plan."
Conclusions:
Note that this application was submitted on May 7, 2020, and deemed a Complete Application
on June 4, 2020, and is therefore vested to Ch. 18.68 ACC in place prior to Ordinance No. 6779
(updates to "Zoning Code and Map Amendments", adopted July 20, 2020).
The Applicant has requested a rezone from R-7, Residential and R-20, Residential to R-16,
Residential. Per the previously codified ACC 18.68.030(B)(1)(b) if the rezone request also
requires changes to the Comprehensive Plan, the Planning Commission shall hold a public
Ordinance No. 6807
November 30, 2020
Page 12 of 13 Rev.2019
hearing and make a recommendation to the City Council. Chapter 18.68 ACC contains the
intent and process for zoning code amendments, in this case a site-specific zoning map
amendment has been requested. Auburn City Code does not contain any specific rezone
criteria for City Staff to review; however, Case Law offers some rezone criteria ("A Little Bit
Pregnant: The Multi-Personalities of Site Specific Rezones - Or-A Cheat Sheet for Everything
You Need to Know about Site-Specific Rezones", by Phil Olbrechts on mrsc.org, April 1, 2013)
as follows:
"...require that the proponents of a rezone must establish that conditions have substantially
changed since the original adoption and that the rezone must bear a substantial relationship
to the public health, safety, morals or welfare. If a rezone implements the comprehensive
plan, a showing that a change of circumstances has occurred is not required."
With the change in City procedures by Ordinance No. 6655 to allow concurrent
recommendations by the Planning Commission on both the Comprehensive plan and zoning
map changes, the recommendations on each should be consistent and therefore does not need
to show a change in circumstances has occurred.
The requested rezone bears a substantial relationship to the public health, safety, morals and
welfare. Adequate public facilities such as water, sewer, and electricity, are capable of being
provided for the parcels upon future development and would therefore not be detrimental to
public health. The rezone itself is not anticipated to allow any uses or acts that would pose any
detrimental effects on the morals or welfare of the public. No impacts to public safety outside of
normal residential development are anticipated.
Ordinance No. 6807
November 30, 2020
Page 13 of 13 Rev.2019