HomeMy WebLinkAboutEXHIBIT 01 Staff Report Exhibit 1
Number of Pages 11
AGENDA BILL APPROVAL FORM
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 11, 2012
Department: Planning and
Development
Attachments: See Exhibit List at end
of report
Budget Impact: N/A
Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the
rezone.
Background Summary:
OWNER/
APPLICANT: Tamara Thompson, (Agent), Landmark Development Group on behalf of RPG Auburn
Properties, LLC, 2462 Sunshine Drive, Boise, ID 83712
John Manavian, Vice President of HI 120 Real Estate Company Inc. as sole member of
RPG Auburn Properties, LLC (Applicant), 120 North Robertson Blvd, Los Angeles, CA
90048
REQUEST: Rezoning of four parcels totaling approximately 11 acres from C3, Heavy Commercial to
C4, Mixed-Use Commercial.
LOCATION: 219 49th St NE and adjacent, generally south of S 277th ST, east of Auburn Way N, north
of 49th St NE and west of D ST NE ; The site is within the NW quarter of Section 31,
Township 22 North, Range 5 East, W.M. King County, Washington. Parcel Nos:
000220-0007, 936000-0200, 00220-0001 & 936060-0350
EXISTING
LAND USE: Vacant house and farmed fields.
COMP.
PLAN
DESIGNATION: Heavy Commercial
SEPA STATUS: A Final Environmental Impact Statement for the Auburn Gateway Project (without
evaluation the Auburn Gateway 2 project area subject of the rezone) was issued July 30,
2004. An addendum to the Final Environmental Impact Statement was issued November
2, 2011 to specifically address the Auburn Gateway 2 Area and other changes. No
appeals were filed.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: August 15, 2012 Item Number:
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 2 of 11
The Comprehensive Plan designation, zoning designation and current land uses of the surrounding
properties are:
Comprehensive Plan Zoning Land Use
Project Site Heavy Commercial C3, Heavy Commercial Vacant house and farm
fields
North
Across S 277th ST are
unincorporated areas
designated ‘Agricultural’ in
King County
Across S 277th ST are
unincorporated areas zoned
A-10, Agricultural - one
dwelling unit per ten acres in
King County
Farm fields
South Heavy Commercial C3, Heavy Commercial
Auto accessory sales, auto
repair services, building
contractor services
businesses and single
family residential
East Heavy Commercial C3, Heavy Commercial Drive-In movie theater
West Heavy Commercial C3, Heavy Commercial
Gas station and car wash
and across Auburn Way N is
auto sales, vacant land and
single family residential
FINDINGS OF FACT:
1. On June 19, 2012 Tamara Thompson, of Landmark Development Group submitted a rezone
application on behalf of the property owner and applicant: John Manavian, Vice President of HI 120
Real Estate Company Inc. as sole member of RPG Auburn Properties LLC (“Applicant). The
applicant seeks to rezone (change the mapped zoning designation) for four contiguous parcels
totaling approximately 11 acres. The subject site is 219 49th St NE and is generally located south
of S 277th ST, east of Auburn Way N, north of 49th St NE and west of D ST NE; and identified as
Parcel Nos: 000220-0007, 936000-0200, 00220-0001 & 936060-0350.
2. The site is currently contains a vacant house on 49th Street NE and farmed fields located to the
north.
3. The site is relatively flat and slopes slightly downward to the northwest. The site range ranges in
elevation from 52 feet near the SE corner to 44 feet near the NW corner as shown on the
ALTA/ACSM Land Title Survey, Barghausen Consulting Engineers Inc. dated October 2, 2007,
submitted with the application.
4. The four parcels owned by RPG Auburn Properties, LLC are currently zoned C3, Heavy
Commercial and their comprehensive plan land use designation is “Heavy Commercial”.
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 3 of 11
5. The rezone is requested primarily for two purposes. First, it is requested by the applicant to bring
all of their property ownership under the same zoning district in anticipation of future coordinated
and phased development. The proposal seeks to change the zoning designation of four parcels
that were more recently acquired by the applicant and also more recently added to a previously
identified development proposal; the Auburn Gateway Project. The area of the proposed 11-acre
rezone is referred to as the “Auburn Gateway 2”; since it was added to the original “Auburn
Gateway”project.
The zoning designation of the original properties was previously provisionally rezoned from C3,
Heavy Commercial to C4, Mixed Use Commercial (Ordinance No. 6183, 2008). Currently, the C4,
Mixed Use zoning designation only applies to these properties owned by the applicant; however,
the designation could be applied elsewhere in Auburn. It is anticipated that the future development
of this site would not follow the current property boundary configuration and that future boundary
line adjustments or subdivisions will be proposed.
6. The rezone is also requested by the Applicant to meet the requirement of the previously approved
Development Agreement (DA) between the applicant and the City of Auburn. On November 21,
2011, the city council adopted Resolution No. 4756 approving a development agreement between
the city and Auburn Properties. Section 1 of the development agreement provides that the parties
agree to process a zoning amendment to C4, Mixed Use Commercial for any property owned by
the applicant as of the date of the agreement.
Findings related to history of approvals
7. The subject parcels were annexed into the City of Auburn by Ordinance No. 2511, in 1970.
8. In 2004, in response to receipt of an application for a Development Agreement (DA) the City issued
a Draft Environmental Impact Statement (DEIS) and a Final Environmental Impact (FEIS) for the
development of the Auburn Gateway Project. The EIS evaluated the impacts associated with
implementation of the Northeast Auburn Special Area Plan and the Auburn Gateway Project. The
original Auburn Gateway Project consists of approximately 60 acres including the Valley Six Drive-
In Theater and several adjacent properties owned, or could be acquired, or that could be
cooperatively developed. Four development options for the Auburn Gateway Project were studied
consisting of:
(1) Option I (Retail and Office):
Retail----200,000. sq. ft.
Office----1,600,000. sq. ft
(2) Option II (Retail):
Retail-----720,000 sq. ft.
(3) Option III (Retail & Multi-Family Residential):
Retail-----360,000 sq. ft.
Multi-Family---500 units
(4) No–Action (existing zoning action) Option:
Retail-----73,200 sq. ft.
Single family 132 units
Multi-family –130 units
The Preferred Action, identified in the Final EIS and EIS Addendum, is to allow a combination of uses
described in Options I, II and III, above.
9. The Local Project Review Act (Ch. 36.70B, RCW), enacted by the state legislature in 1995,
provides specific authority and direction for development agreements. These agreements are
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 4 of 11
voluntary, but once made, they are binding on the parties and their successors. Development
standards include permitted uses, densities, impact fees, and mitigation measures. Local
jurisdictions must hold a public hearing prior to approving a development agreement and may only
impose impact fees, dedications, mitigation measures, and standards as authorized by other laws.
10. Former Auburn City Code Chapter 14.21 (Repealed by Ordinance No. 6187 in October 2008) set
out the City’s requirements for development agreements. Robertson Properties Group (RPG)
applied for a development agreement before the repeal, and the City staff has worked with RPG
over the intervening time to complete the environmental review process and to negotiate a proposal
for a development agreement that could include a favorable staff recommendation to the City
Council.
11. The former Auburn City Code Section 14.21.010.A generally provides that, [a] development
agreement should allow greater flexibility in the existing standards of the existing zoning district. In
exchange for this enhanced flexibility, the City will require a development to be of significantly
higher quality, generate more public benefit, and be a more sensitive proposal than would have
been the case with the use of standard zoning or subdivision procedures.
Applicable to mixed use projects it provides:
“Auburn City Code 14.21.010.B. Nonresidential or Mixed Use Projects. The city may
consider a development agreement for a nonresidential or mixed use project in areas designated
for office, commercial, industrial or institutional use in the comprehensive plan, or in a designated
special plan area. In its evaluation of a proposal, the City shall consider whether a proposal will:
1. Provide development that is consistent with the goals and policies of the comprehensive plan;
2. Provide efficient and effective use of land, open space and public facilities that result in a
higher quality of development than is required by the standards of the applicable zone;
3. Provide building and site design that complement surrounding land uses and their
environment;
4. Provide for superior protection of critical areas.”
12. Even though City Code Chapter 14.21 has been repealed, certain projects may still be “vested”
under the provisions in effect and that these projects may still operate under the repealed codes.
The City has made the determination that the RPG project has vested under ACC 14.21 since the
City received sufficient material applying for that process from RPG. As a result, RPG can seek
approval of a development agreement under the process spelled out in Chapter 14.21 so long as
the project meets the requirements of this repealed code section.
13. On June 16, 2008 the Auburn City Council passed Ordinance No. 6183 which amended the City’s
Comprehensive plan (map and text), zoning (map and text) and included the adoption of a sub-area
plan related to the development of the Auburn Gateway Project at the site of the Valley 6 Drive-in
Theater site and surrounding properties owned by RPG. This approval was provisional, in that
Section 13 of the Ordinance No. 6183 was conditioned upon the subsequent execution of a
Development Agreement (DA) and Planned Action Ordinance (PAO) within 180 days. The change
in designations does not become permanent until the City Council has approved the development
agreement and Planned Action Ordinance.
14. Several extensions to the provisional Comprehensive Plan and zoning designation changes have
been approved. On December 1, 2008 the City Council passed Ordinance No. 6219 extending the
effective date of Ordinance No. 6183 until August 31, 2009. Then on August 17, 2009 the City
Council passed Ordinance No. 6259 extending the effective date until August 31, 2010. Then on
August 16, 2010, the City Council passed Ordinance No. 6321 as a third extension, until August 31,
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 5 of 11
2011. On August 15, 2011, the City Council passed Ordinance No. 6371 as a fourth extension,
until December 30, 2011.
15. The extensions to the provisional Comprehensive Plan and zoning designation changes have been
granted by the City Council because for the last several years, the City of Auburn has been
negotiating with RPG on a future development. The Planning and Development, Public Works and
Legal Department staffs has been actively working with RPG to complete required studies,
negotiations and documentation in order to provide the City Council with substantive policy making
opportunities that would facilitate the phased development of the Auburn Gateway Project. The last
6-month extension was intended to provide the City Council, staff and RPG adequate opportunity to
complete negotiations, documentation and substantive policy making.
16. Also, subsequent to the original EIS work, RPG and the City have been working on an addendum
to the 2004 EIS documents. The City as the lead environmental review agency determined that this
addendum was necessary due to the following project changes:
• Impacts of the acquisition and development of an additional four parcels totaling
approximately 11 acres by RPG subsequent to the original EIS and while identified as part of
the ‘Planning Area’ were not identified as part of the original project site (the amount of
development however will remain the same);
• RPG’s determination to conduct phased project development in two phases that could be
developed independently or jointly (No phasing of the project was previously proposed); and,
• Changes in city regulations and development standards such as:
o The city’s adoption of new floodplain regulations may affect the proposal. Unless
future project is otherwise exempt under the provision of ACC 15.68.130, the project
is located in a Special Flood Hazard Area (SFHA) and Riparian Habitat Zone (RHZ)
and would be required to obtain a City of Auburn Floodplain Development Permit,
including the submittal of a habitat impact assessment report;
o City adoption of a critical areas ordinance;
o Changes in Comprehensive Plan transportation policies;
• Changes in road network including an assessment of traffic impacts of eliminating the
northern portion of D St NE, not constructing the eastward extension of 49th St NE, and to
address project phasing; and
• Changes in external circumstances over the intervening period of time including the
completion of the Port of Seattle’s adjacent wetland mitigation property construction, the
completion of the Trail Run Plat (a.k.a. River Sands) and the completion of Monterey Park
Plat (a.k.a. Auburn 40) and associated I Street NE extension.
The EIS addendum was issued and made publically available on November 2, 2011 in accordance
with adopted SEPA procedures. The EIS addendum was not appealed.
17. All public meeting and hearing requirements in ACC 14.21.045 and ACC 14.21.050.A, associated
with the development agreement were met, as follows: a public meeting was held on November 21,
2002; January 28, 2003; and February 12, 2004. This application was presented for discussion to
the Council’s Planning and Community Development Committee on July 25, 2011 and September
26, 2011, and was passed out of committee with an affirmative recommendation on October 10,
2011. The application was also presented to the Public Works Committee for discussion on August
15, 2011 and October 3, 2011, and to the Municipal Services Committee on August 8, 2011 and
October 10, 2011. The application was also discussed at the Council’s Committee of the Whole
Committee meeting on August 29, 2011. All of these meetings were properly noticed and were
open to the public. Additionally, a duly-noticed public hearing was held on November 7, 2011 with
the full City Council.
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 6 of 11
18. On November 21, 2011, the City Council adopted Ordinance No. 6382. The Ordinance adopted
and designated the “Northeast Auburn Special Area Plan and Auburn Gateway Planned Action”
and amended City Code Section 16.06.020 to provide for a planned action process in the city’s
SEPA regulations and to add a new zoning code section related to planned actions.
19. At this same meeting on November 21, 2011, the City Council adopted Resolution No. 4756
approving a development agreement between the City and RPG.
20. Pursuant to Auburn City Code 14.21 (subsequently repealed) a development agreement was
entered into between the City of Auburn and RPG. The Auburn Gateway Project is a single or two-
phase development over a period of 15 years of an approximately 70-acre site generally located
east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and North of 45th
ST NE consisting of the Valley 6 Drive-In Theater site and surrounding properties owned by RPG
within the NW and SW quarters of Section 31, Township 22 North, range 5 East, W.M. The project
would consist of the site preparation and construction of up to 1,600,000 square feet of professional
office buildings, up to 720,000 square feet of retail buildings or up to 500 multiple family dwellings
or combinations thereof and associated site improvements. The project would include associated
filling and grading, including filling of floodplain with compensating replacement storage volume and
filling and displacement of wetlands with compensation. The project would also include the
extension of utilities and roads (I ST NE) and widening of existing roads and the installation of traffic
signals associated with street intersections. The purpose of the development agreement is for the
City to recognize and accommodate alternatives in how development should proceed and
standards that apply when warranted by characteristics of the property or development.
21. While the Northeast Auburn/Robertson Properties Special Area Plan was provisionally adopted in
the Spring of 2008 by Ordinance No. 6183, it was subsequently amended. It was amended and
updated to address the project changes and information from the EIS addendum by the City
Council via Ordinance No. 6394 on December 5, 2011 as part of the annual processing of various
comprehensive plan amendments.
Findings related to procedures and criteria
22. Pursuant to Auburn City Code Section 18.66.130 the City of Auburn Hearing Examiner is
authorized to conduct a duly noticed public hearing and render a recommendation on the rezone
application. The Hearing Examiner’s recommendation is forwarded to the City Council for a
decision. The City Council’s decision is appealable to the Superior Court of the applicable county.
23. The public hearing notice was published on July 30, 2012 in the Seattle Times newspaper, posted
at the subject site and mailed to property owners within 300 feet of the subject property on or before
July 30, 2012,.
24. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the
planning director prior to the scheduling of a public hearing. After review of the application, the
director shall determine which of the following two processes should occur to properly hear the
rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall
conduct a public hearing on the rezone and make a recommendation to the city council
pursuant to ACC 18.66.170.
b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to
the rezone, or the policies are not complete, then a comprehensive plan amendment must be
approved by the city council prior to the rezone being scheduled for a public hearing in front
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 7 of 11
of the hearing examiner. The planning commission shall conduct a public hearing on the
comprehensive plan amendment and make a recommendation to the city council.
This application is consistent with the comprehensive plan, as outlined below in the Conclusions.
25. The subject property is within the City’s Water and Sanitary sewer service areas.
26. As identified in the 2011 EIS addendum, the parcels of the rezone application are partially located
in the 100-year floodplain based on the 1995 Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map (FIRM) currently in effect. At future development the applicant proposes
to fill the site to elevate the building pad areas above the 100-year floodplain and to ensure gravity
operation of the future storm drainage system. The Auburn Gateway 2 site would require
approximately 6.23-acre feet of floodplain fill. The development of the site will require a floodplain
development permit and preparation of a habitat impact assessment report under regulations
adopted by the City in April of 2010 (Ordinance No. 6295). Also, the City and the Port of Seattle
are in the process of amending a previous Interlocal agreement to allow the already constructed
Port of Seattle wetland mitigation site (located off-site to the east in Auburn) to be used to
compensate for filling other properties located in the floodplain. In turn, the development
agreement between the City and RPG indicates that the City will make available a portion of the
compensating floodplain volume upon successful conclusion of negotiations. If the amount of
floodplain compensation is not sufficient due to FEMA map changes or other reasons, additional
floodplain compensation would need to be provided consistent with city regulations.
27. As identified in the 2011 EIS addendum, stormwater runoff from the Auburn Gateway 2 area would
be managed similar to those facilities planned for Auburn Gateway I and include a conveyance
system, the use of either above ground stormwater detention facilities/ponds, underground
detention vaults/tanks or a combination to provide stormwater quality and quantity control. The
project is expected to meet design requirements and stormwater management codes as required
by the City of Auburn. The preparation and city approval of a master storm drainage plan is
addressed in the Special Area Plan and Condition No. D-1 of the Planned Action ordinance
(Ordinance No. 6382) to establish what improvements are to constructed concurrent with each
phase of development.
28. The City adopted critical area regulations in 2005 after the time of the original EIS issuance. As
identified in the 2011 EIS addendum, Wetland E is identified within the parcels of the proposed
rezone. A previous wetland delineation conducted by a previous property owner identified the
wetland as a 1.53-acre, Category 3 wetland. However, the Army Corps of Engineers conducted a
site visit and responded that the wetland delineation was incorrect. It is expected that a full
delineation will be required prior to development approvals and mitigation will be required at the
time consistent with city and other applicable standards.
29. With the addition of approximately 11 acres to the previously-proposed development, additional
analysis of transportation impacts was conducted and is contained in the report: ‘Auburn Gateway
Transportation Impact Analysis’ prepared by Transportation Solutions Inc. in August 2011. While
the amount of development is not expected to increase with the addition of 11 acres, the origin of
the traffic generally would be different. Also, the transportation analysis was revised based on
changes in road network, including an assessment of traffic impacts of eliminating the northern
portion of D St NE, not constructing the eastward extension of 49th St NE, and to address project
phasing; not previously proposed. The results of the transportation re-analysis is summarized in
the 2011 EIS addendum and considers the worst–case development condition for traffic of
Alternative 1 (1,600,000 sq ft office with 200,000 sq ft of retail) in order to maintain the applicant’s
flexibility to pursue a range of alternatives. Alternative 2 was also considered as it represents the
Applicant’s most likely development alternative.
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 8 of 11
Roads adjacent to each development phase are planned to be constructed currently so that they
would be in place when that phase of development is occupied. Trip generation in the EIS
addendum was forecast using the same methodology as used in the 2004 EIS. The PM peak hour
trip generation is therefore forecast to the 2,419 PM peak hour trips for development Alternative 1
and 1,803 PM peak hour trips for development Alternative 2.
Pages 49-50 of the EIS addendum identify that the traffic related mitigation recommended by the
project is substantially the same as that described in the 2004 EIS, with some refinements and
minor changes based on a more refined development program, project phasing and traffic
forecasts. The EIS addendum indicates all intersections would operate at or better than the levels
forecast in the 2004 EIS.
CONCLUSIONS:
ACC Chapter 18.68 provides certain criteria for approval of a rezone (or zoning map amendment):
1. The rezone must be consistent with the Comprehensive Plan.
Staff Comment
The proposed rezone by RPG Auburn Properties LLC from C3, Heavy Commercial to C4, Mixed
Use Commercial is consistent with the Auburn Comprehensive Plan as described below.
The proposed rezone is consistent with the Comprehensive Plan’s broad discussion of the purpose
of the implementing land use designation. Pursuant to Chapter 14, ‘The Comprehensive Plan Map’
of the Auburn Heavy Commercial” could be implemented by the C4 zone by Ordinance No. 6183
adopted June 16, 2008. Other approvals by the City Council reinforce this intent that the Auburn
Gateway Project be zoned C4, Mixed Commercial including Section 1 of the Development
Agreement (Resolution No. 4756), and the adoption of the Northeast Auburn Special Area Plan and
as amended (Figure 3, Exhibit C, Ordinance No. 6394Comprehensive Plan, the C4, Mixed Use
Commercial zone is an implementing zone for the “Heavy Commercial” land use designation. The
language was previously changed to recognize that “).
The stated purpose of the “Heavy Commercial” land use designation is to provide automobile-
oriented commercial areas to meet both the local and regional need for such services. This
category is intended to accommodate uses which are oriented to automobiles either as the mode or
target of providing the commercial service. Uses listed as compatible for this designation includes
a wide variety of commercial services oriented to automobiles are appropriate within this category.
This designation applies to areas which are highly accessible to automobiles along major arterials.
Generally, this category would characterize commercial strips. This designation occurs at the
intersections of heavily traveled arterials, even if adjacent sites are best suited for another
commercial designation.
The proposed rezone is also consistent with specific policy statements of the Comprehensive Plan.
Chapter 2, General Approach, provides policies regarding promotion of economic development of
regional attractions to meet the needs and goals of the community. The proposed rezone will allow
consistent zoning of the Auburn Gateway site in fulfillment of the terms of the development
agreement and the following comprehensive plan policies:
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 9 of 11
GP-7 Regional scale development shall be encouraged to provide a balance between
regional service demands and impacts placed on the City's quality of life versus the
local benefits derived from such development.
GP-29 Within areas designated for economic development, the City shall actively promote
desired types of development to assure an expanding range of employment
opportunities and to build the City's fiscal base.
GP-30 The City should seek to establish and maintain an image appropriate for the
community to assist in most effectively attracting the types of economic activities
which best meet the needs and desires of the community.
Chapter 14 of the Comprehensive Plan also contains a discussion of the Sub-Area Plans or Special
Plan Areas. The stated purpose of the designation of Special Plan areas is to allow large areas
within the City, under a single or a coordinated management, to be developed as a planned unit.
This designation can also be used to provide flexibility when there is uncertainty regarding how an
area may be most appropriately developed in the future. The special plan area designations apply
to specific areas identified as being appropriate for mixed, urban level development on a planned
basis. It is intended that the future development of these areas will be guided by individual
"elements" or “sub-area plans” of the Comprehensive Plan, to be developed and adopted at a later
date.
Chapter 14 contains the following framework language for this special plan area:
“Northeast Auburn Special Plan Area: The Northeast Auburn/Robertson Properties Special Plan
area was adopted by Ordinance No. 6183 in the Spring of 2008. The Plan was prepared in
fulfillment of the policies included in the Comprehensive Plan for the area between Auburn Way
North and the Green River, south of 277th Street (52nd Street NE) and north of approximately 37th
Street NE in the City of Auburn (Map No. 14.2). The planning area was narrowed to an area
covering approximately 120 acres, north of 45th Street NW and between Auburn Way North and the
existing I Street NE right-of-way. The Northeast Auburn/Robertson Properties Special Area Plan
focuses on proposed develop of the Auburn Gateway project area, a 60-acre group of properties
owned or under consideration for purchase by Robertson Properties Group, owners of the Valley 6
Drive-In Theater. The plan calls for a mix of office, retail, and multifamily development under a new
zoning designation (C-4, Mixed Use Commercial) for the central portion of this planning area,
created to accommodate mixed use development. The plan calls for phased development in
coordination with the provision of new roads, stormwater and other utilities, and flood management
measures.”
The specific document: Special Area Plan Northeast Auburn/Robertson Properties or “sub-area
plan” of the Comprehensive Plan has been developed and adopted. The Plan was provisionally
adopted in the Spring of 2008 by Ordinance No. 6183. It was subsequently amended by the City
Council and Ordinance No. 6394 on December 5, 2011. This adopted special plan area contains
the following language which demonstrates the intent to have all of the properties of the Auburn
Gateway Project similarly zoned C4, Mixed Use Commercial:
“Creation of New Land Use District
Purpose of the C4 Mixed‐Use Commercial District
The intent and objective of the C4, Mixed Use Commercial district classification and its
application is to provide for a pedestrian‐oriented mix of retail, office, and multifamily residential
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 10 of 11
uses. This classification is intended to provide flexibility in design and a combination of uses that
is responsive to market demands.
This Special Area Plan is intended to be implemented only through subsequent approval of a
development agreement pursuant to RCW 36.70B.170‐210 and a planned action ordinance
pursuant to RCW 43.21C.031 and WAC 197‐11‐164, ‐168, and ‐172.
Locational Criteria
The new mixed‐use commercial district should be applied to the Auburn Gateway project area as
shown in Figure 3. This group of properties is composed of large enough parcels to
accommodate multifamily residential development that includes buffers for adjacent roads and
commercial areas and/or a wide range of commercial uses. Properties closer to the intersection
of South 277th Street and Auburn Way North may also be suitable for this zoning designation.
Specific Use and Development Standards
The uses enumerated for this zoning classification constitute a mix that accommodates
multifamily residential, retail, and office uses anticipated through a coordinated, site‐specific
planning process. In order to achieve a quality of environment that is conducive to this mix of
uses, certain heavy commercial uses that are permitted in other commercial classifications are
not permitted in this district because of the potential for conflicts with residential uses.
The C4 district will allow most of the uses allowed in the C3, Heavy Commercial district, with the
exception of free‐standing gas stations, light manufacturing, automobile sales, and similar uses
that could have adverse affects on residential uses if constructed in close proximity. Unlike the
C3 district, multifamily uses will be permitted outright in the C4 district. Development standards
for commercial uses in the C4 district are the same as those for commercial uses in the C3
district, except that they also include several standards for gasoline stations that are accessory to
another use, similar to those in the C2, Central Business District, zoning district. Development
standards for multifamily development in the C4 district will generally be the same as those for
the R4 district (subsequently changed to R20, Residential with minor changes to the
development standards). In order to be consistent with the Comprehensive plan policy regarding
multifamily density, a density limit of one unit per 2,000 square feet of lot area will be required,
which would result in approximately 20 units per acre.”
Rezoning the subject site to C4, Mixed Use Commercial is consistent with the Comprehensive Land
Use Map, the Auburn Comprehensive Plan policies, and implements the “Heavy Commercial” land
use designation.
2. The rezone must be initiated by someone other than the City in order for the Hearing
Examiner to consider the request.
Staff Comment
The rezone has been initiated by RPG Auburn Properties LLC, who is the property owner according
to the King County Assessor’s website.
RECOMMENDATION
Based upon the application, Findings of Fact, and Conclusions of the staff report, staff recommends that
the Hearing Examiner recommend to the City Council approval of the rezone without conditions of
approval.
Agenda Subject: Robertson Properties Group, Auburn Gateway 2
Rezone, Application No: REZ12-0003
Date: July 10, 2012
Page 11 of 11
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report
EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Submitted Application Materials:
o Completed Application Forms
o Applicant’s Vicinity Map
o Letter Request for Rezone, Landmark Development Group, LLC, June 14, 2012.
o ALTA/ACSM Land Title Survey, Barghausen Consulting Engineers Inc., October 2, 2007
Exhibit 3 2007 Aerial Photograph
Exhibit 4 Zoning map showing existing and proposed
Exhibit 5 Notice of Application and Hearing
Exhibit 6 Affidavits of Posting and Mailing (Affidavit of Publication to be provided at Hearing)
Exhibit 7 Ordinance No. 6183, Provisionally adopting Comp Plan and Zoning amendments and
original adoption of NE Auburn/Robertson Properties Special Area Plan
Exhibit 8 Resolution No. 4756, Authorizing Development Agreement
Exhibit 9 Ordinance No. 6382, Amending Code related to Planned Actions
Exhibit 10 Ordinance No. 6394, Adopting Comprehensive Plan Amendments, Including adoption of
amendments to NE Auburn/Robertson Properties Special Area Plan, Excerpts of
Exhibit C to the Ordinance No. 6394
Exhibit 11 Addendum to NE Auburn/Robertson Properties Special Area Plan Final Environmental
Impact Statement (EIS), City of Auburn, November 2, 2012
Exhibit 12 NE Auburn/Robertson Properties Special Area Plan Final Environmental Impact
Statement (EIS), City of Auburn, July 30, 2004
Exhibit 13 NE Auburn/Robertson Properties Special Area Plan Draft Environmental Impact
Statement (EIS), City of Auburn, February 3, 2004