HomeMy WebLinkAbout01-18-2017 Agenda
HEARING EXAMINER
January 18, 2017
5:30 p.m.
City Council Chambers
25 West Main Street
I. Case No: REZ15-0001 – Kana B, LLC Zoning Map Amendment (Rezone)
Applicant: Jon Cheetham, Managing Member
Kana B LLC (a.k.a. Lakeridge Paving Company)
P.O. Box 8500
Kent, WA 98042
Request: Rezoning of four parcels; two parcels totaling approximately 3.65
acres from “C1, Light Commercial” to “M1, Light Industrial” and
rezoning of two parcels totaling approximately 2.22 acres from
“C3, Heavy Commercial” to “M1, Light Industrial”.
Project Location: The site is located on the east side of East Valley Highway (A ST
SE) in the 54XX-56XX block (between Lakeland Hills Boulevard
and Lake Tapps Parkway East), King County Parcel Numbers
3121059033, 3121059036, 3121059010 & 3121059056. The site
is within the southwest ¼ of the SW ¼ Section 31, T21N, R5E,
WM.
II. Case No: REZ14-0001 – Romart Investments LLC Zoning Map Amendment
(Rezone
Applicant: V.E. (Bud) Mahrt, Managing Member
Romart Investments LLC
3919 Latona Ave NE
Seattle, WA 98071
Request: Rezoning of one parcel totaling approximately 2.27 acres from
“R5, Residential, five dwelling units per acre” to “C1, Light
Commercial”.
Project Location: The vacant site is located at northwest corner of the 182nd
Avenue East & Lake Tapps Parkway East, Parcel Number
0520051045.The site is located within the NE ¼ of Section 5,
Township 20 North, Range 5 East, W.M.
Hearing Examiner January 18, 2017
Page 2
III. Case No: REZ16-0002 – GSA and City Zoning Map Amendment (Rezone)
Applicant: City of Auburn
Community Development and Public Works Department
25 West Main Street
Auburn, WA 98001-4998
Request: Rezoning of three parcels totaling approximately 137.38 acres
from “M1 Light Industrial” and “M2 Heavy Industrial” to “C3 Heavy
Commercial”.
Project Location: The site is located east of C ST SW and directly to the south of
15th ST SW. King County Parcel Number of 2421049004,
2521049114 and 2521049115. The site is within the southeast ¼
of Section 24, T21N, R4E, WM and the northeast ¼ of Section 25,
T21N, R4E.
AGENDA BILL APPROVAL FORM
Page 1 of 12
Agenda Subject REZ15-0001, Kana B, LLC Zoning Map
Amendment (Rezone)
Date: January 10, 2017
Department: Comm. Dev. &
Public Works
Attachments: See Exhibit listing
below.
Budget Impact: N/A
Administrative Recommendation: Hearing Examiner to conduct public hearing and
recommend to City Council approval of the Kana B, LLC Zoning Map Amendment (Rezone) with
conditions from the Mitigated Determination of Non-Significance (MDNS).
APPLICANT/OWNER: Jon Cheetham, Managing Member
Kana B LLC (a.k.a. Lakeridge Paving Company)
P.O. Box 8500
Kent, WA 98042
AGENT: Mary Urback
12417 12th Street East
Edgewood, WA 98372
REQUEST: File No. REZ15-0001
Rezoning of four parcels; two parcels totaling approximately 3.65 acres from “C1,
Light Commercial” to “M1, Light Industrial” and rezoning of two parcels totaling
approximately 2.22 acres from “C3, Heavy Commercial” to “M1, Light Industrial”.
LOCATION: The proposal consists of parcels on the east side of East Valley Highway (A ST
SE) in the 54XX-56XX block (between Lakeland Hills Boulevard and Lake Tapps
Parkway East), King Co. Parcel Nos. 3121059033, 3121059036, 3121059010 &
3121059056. The site is within the southwest ¼ of the SW ¼ Section 31, T21N,
R5E, WM.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: January 18, 2017 Item Number:
Exhibit 1
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 2 of 12
LOCATION & PARCEL:
The property is located directly to the east of A Street
Southeast and is within the King County portion of the City of
Auburn, Parcel Nos. 3121059033, 3121059036, 3121059010,
and 3121059056.
EXISTING ZONING:
Parcel Nos. 3121059033 & 3121059036 – “C1, Light
Commercial”
Parcel Nos. 3121059010 & 3121059056 – “C3, Heavy
Commercial”
EXISTING COMPREHENSIVE
PLAN DESIGNATION:
Parcel Nos. 3121059033 & 3121059036 are designated “Light
Industrial” by recent Ordinance No. 6632, adopted December
5, 2016. Parcel Nos. s 3121059010 & 3121059056 are
currently designated as “Light Industrial”.
SEPA STATUS: A Mitigated Determination of Non-Significance (MDNS) was
issued under City File No. SEP15-0016 on April 18, 2016. The
comment period ended May 3, 2016 and the appeal period
ended May 17, 2016. There were no comments or appeals.
The Comprehensive Plan designation, zoning classification and land uses of the site and
surrounding properties are as follows:
Comprehensive Plan
Designation
Zoning Classification
Current
Land Use
Parcels
3121059033 &
3121059036
Light Industrial C1, Light Commercial
Single family residence,
outbuildings, and temporary
storage of unoccupied buildings
Parcels
3121059010 &
3121059056
Light Industrial C3, Heavy Commercial Temporary storage modular
building(s).
North Light Commercial C1, Light Commercial Single family residence
South Light Commercial C1, Light Commercial Heavy construction contractor
business
East Moderate Density
Residential l
R7, Residential Seven
Dwelling Units Per Acre Steep undeveloped hillside
West
East Valley Highway (A
ST SE) , railroad line and
City limits with City of
Pacific, beyond
East Valley Highway (A
ST SE) , railroad line
and City limits RO
zoned property located
in the City of Pacific,
beyond
East Valley Highway (A ST
SE), railroad line and
agricultural property, beyond
in the City of Pacific.
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 3 of 12
Vicinity Map
^ NORTH
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 4 of 12
A. FINDINGS
1. The related Comprehensive Plan map amendment for two of the four parcels, and the
rezone (zoning map amendment) application were accepted on June 5, 2015, prior to the
submittal deadline for processing of annual Comprehensive Plan Amendments. The related
environmental checklist application was subsequently submitted in 2015.
2. The applications were submitted by Jon Cheetham, who is identified as Managing Member
of Kana B, LLC, Property Owner.
3. The zoning map amendment (rezone) application seeks to change the zoning classification
of four parcels totaling approximately 5.87 acres from “C1, Light Commercial” and “C3,
Heavy Commercial” to “M1, Light Industrial”.
4. The parcel is owned by Kana B, LLC, the Applicant.
5. The site requested for change is generally rectangular in shape.
6. The site contains a mix of single family residential and temporary storage of modular
buildings authorized by a temporary use permit.
7. The west side of the site is bordered by A Street Southeast (East Valley Highway) which is a
two-lane north-south roadway and classified by the City of Auburn as a “Principal Arterial”.
A Street Southeast contains a graveled shoulder on both sides of the road, but is not
developed with any curb, gutter, or sidewalk abutting the site. The site does not border any
other roadway rights-of-way.
8. As indicated by the Applicant in the narrative submitted with the application, rezoning has
been requested for the purposes of allowing greater flexibility for the relocation and
expansion of Lakeridge Paving Company, to relocate from their current facility in Maple
Valley, WA. The expansion will include development of new office facilities, paving, storage,
and shop buildings.
9. A Mitigated Determination of Non-Significance (MDNS)--the environmental review required
under the State Environmental Policy Act (SEPA)--for the application by Kana B LLC for a
Comprehensive Plan Map Amendment and Rezone was issued under City File No. SEP15-
0019 on April 18, 2016. The comment period ended May 3, 2016 and the appeal period
ended May 17, 2016. There were no comments or appeals.
History of Subject Property
10. The property is located within the King County portion of the City of Auburn. It was annexed
to the City in 1962 by Ordinance No. 1492.
11. Based on historic zoning maps, the northerly portion of the site (Parcel Nos. 3121059033 &
3121059036) were zoned UNCL, Unclassified from the time of annexation up until 1987 and
then were changed to the second category of residential zoning of R2, a Single Family
Residential (6,000 square foot minimum lot size). The properties were subsequently
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 5 of 12
changed to a “Light Commercial” comprehensive plan designation and a “C1, Light
Commercial” zoning classification.
12. During 2015, the Applicant, Kana B, LLC, submitted three applications to the City, as
follows:
a. A request to amend the Comprehensive Plan map designation of two northern parcels,
with an approximate size of 3.65 acres from “Light Commercial” to “Light Industrial” (File
# CPA15-0002). The southern two parcels were previously changed by the City as part
of the adoption of the 2015 Comprehensive Plan and as such, the Applicant did not seek
to amend the Comprehensive Plan designation on the two southern parcels.
b. A rezone application (File # REZ15-0001) was submitted to change two parcels from C1,
Light Commercial and two parcels from C3, Heavy Commercial to M1, Light Industrial. A
rezone is needed to allow for relocation and expansion of an existing building
construction business, including the future construction of office facilities, storage
buildings, and shop buildings.
c. An environmental checklist (SEPA) application (File # SEP15-0016) was submitted for
the state–required analysis of the environmental impacts of the city decision on the
proposed land use changes. The Applicant’s responses within environmental checklist
application indicated the proposal was a “non-project action”.
13. In response to the environmental checklist application received in 2015, the City issued a
MDNS for the Comprehensive Plan Map Amendment and Rezone under City file # SEP15-
0019 on April 18, 2016. The comment period ended May 3, 2016 and the appeal period
ended May 17, 2016. There were no comments or appeals.
Relationship of Comprehensive Plan Amendment and Rezone Processing
14. At its November 9, 2016 public hearing, the Planning Commission reviewed the related
Comprehensive Plan map amendment (File No. CPA15-0002, Kana B, LLC) to change the
Comprehensive Plan map designation of the northerly two parcels from “Light Commercial”
to “Light Industrial”. The Planning Commission forwarded a recommendation for approval to
the City Council.
15. At its November 28, 2016 meeting, the City Council reviewed the Comprehensive Plan
amendments and draft Ordinance No. 6632, as recommended by the Planning Commission.
On December 5, 2016 the City council approved Ordinance No. 6632 approving the change
in comprehensive plan designation of the northerly two parcels of the project site to “Light
Industrial”.
16. Pursuant to ACC 18.68.030 and ACC 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 2.46.130.
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 6 of 12
This Application is consistent with the Comprehensive Plan, as outlined below in the
‘Conclusions’ section, below.
17. Pursuant to ACC 18.68.040, “(Zoning code amendments) Public hearing notice
requirements”. Rezones Initiated by an Applicant Other Than City shall require public notice
be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040.
A Public Hearing Notice was issued and published in the Seattle Times on January 4, 2017;
this notice was also mailed to the property owners within 300 feet of the subject site, and
posted on the subject property meeting the notification requirements.
18. Per ACC 18.23.020, the stated intent of the “M-1 Light Industrial” zoning district is to:
“. . . accommodate a variety of industrial, commercial, and limited residential uses in an
industrial park environment, to preserve land primarily for light industrial and commercial
uses, to implement the economic goals of the comprehensive plan and to provide a
greater flexibility within the zoning regulations for those uses which are non-nuisance in
terms of air and water pollution, noise, vibration, glare or odor. The light
industrial/commercial character of this zone is intended to address the way in which
industrial and commercial uses are carried out rather than the actual types of products
made.”
19. As identified in ACC 18.23,020 and -030, the “M-1 Light Industrial” zoning classification
allows a range of industrial uses, including building contractors and storage uses. The
development standards of the zone are contained in ACC 18.23.040.
B. CONCLUSIONS:
ACC Chapter 18.68 provides few criteria for approval of a rezone. Following is a staff
analysis of the requested application with the criteria.
1. The rezone must be consistent with the Comprehensive Plan.
Staff analysis: The purpose of the City’s Comprehensive Plan document is to provide a
policy basis for the future zoning changes to ensure that the Comprehensive Plan and
Zoning Ordinance are consistent as required by the following city code section:
“ACC 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.”
On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change
in comprehensive plan designation of the northerly two parcels from “Light Commercial”
comprehensive plan designation to the “Light Industrial” comprehensive plan designation as
part of “annual amendments”. The southerly two parcels were designated “Light Industrial”
by the Comprehensive Plan prior to the 2016 annual amendments.
The Application is vested to the Comprehensive Plan in effect prior to the adoption of
substantially revised Comprehensive Plan adopted in December of 2015. The
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 7 of 12
Comprehensive Plan contains policy guidance related to this application. Specifically,
Chapter 14, Comprehensive Plan Map, starting at Page 14-14 provides the following
purpose and description of the ‘Light Industrial’ Comprehensive Plan designation: The 2014
Comprehensive Plan to which the application is vested provides the following purpose
statement of the “Light Industrial” comprehensive plan land use designation:
“Light Industrial”
“Purpose: To reserve quality industrial lands for activities that implement the
City's economic development goals and policies.”
“Description: This category is intended to accommodate a wide range of
industrial and commercial uses. This designation is intended to provide a
location attractive for manufacturing, processing and assembling land use
activities that benefit from quality surroundings and appropriate commercial retail
uses that benefit from the location, access, physical configuration, building types
of these properties. It is distinguished from heavier industrial uses by means of
performance criteria. All significant activities shall take place inside buildings,
and the processing or storage of hazardous materials shall be strictly controlled
and permitted only as an incidental part of another use. The siting and design of
industrial buildings shall be of an "industrial or business park" character. Certain
residential uses may be permitted, especially in industrial areas that have been
established to promote a business park environment that complements
environmental features, and/or if development standards are developed to
promote compatibility between residential and other non-residential land uses.”
(Emphasis added).
“Compatible Uses: A wide range of industrial and heavy commercial uses may
be permitted, subject to performance standards. These uses include indoor
manufacturing, processing and assembling of materials from previously prepared
or raw materials and ancillary and necessary warehousing and distribution of
finished goods associated with manufacturing and industrial uses. Certain
residential uses may be permitted if development standards are established to
promote compatibility between residential and other non-residential land uses.”
“Outside storage shall be permitted only subject to performance criteria
addressing its quantity and location to ensure it is compatible with adjacent uses
and so that such storage would not detract from the potential use of the area for
light industry. In all cases such storage shall be extensively screened. In the
Environmental Park District that implements the “Light Industrial” plan map
designation; outdoor storage will be strictly limited to promote compatibility with
adjacent environmental land uses. Uses involving substantial storage or
processing of hazardous materials as well as substantial emissions should not be
permitted in these areas. A wide range of commercial activities may be allowed
to provide increased opportunities for sales tax revenue.”
“To ensure the City’s long-term ability to invest in public infrastructure and
services remains viable, the City will continue to assess, evaluate, and if
necessary pursue implementation of policies that incentivize the transition of
current and future land uses in its industrial zones away from distribution and
warehouse uses based on future changes on tax structure at the State level or
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 8 of 12
other similar actions. The City believes that manufacturing and industrial land
uses are preferential to and should be encouraged over warehouse and
distribution land uses currently existing in the City and that any future warehouse
and distribution uses should be ancillary to and necessary for the conduct of
manufacturing and industrial uses. Manufacturing and industrial uses are more
appropriate and beneficial through higher and better use of the land, enhanced
employment densities, increased property tax revenues and potential on-site
sales tax revenue generation for receipt of materials and other goods and
services.”
“The establishment of regulations and incentives that create a basis for increased
commercial retail uses in the City’s industrial zoning districts will provide greater
opportunity for the generation of sales tax revenue in the City. Increased sales
tax revenue will positively impact the City’s continued ability to maintain and
operate a strong public investment program in infrastructure and services.
Commercial retail uses will in turn be attracted to and benefit from the location,
access, physical configuration and building types of industrial zoned properties.”
“Criteria for Designation: This designation should be applied to a majority of
the Region Serving Area designated under this Plan. It is particularly appropriate
for industrial land within high visibility corridors. This category should separate
heavy industrial areas from other uses.”
“Appropriate Implementation: This designation is implemented by the Light
Industrial (M-1), Environmental Park (EP) or Business Park (BP) zone.”
The requested change would make the zoning classification of the site consistent with its
Comprehensive Plan designation. The property is located adjacent to a major street and
separated from adjacent residential zoned property by undeveloped, steep topography.
The request is not anticipated to adversely affect compatibility with the closest single
family residential area.
As identified in ACC 18.23.030 the “M1, Light Industrial” zoning classification allows a
wide range of uses. While primarily manufacturing and processing in concentration, the
regulations also allow a wide variety of commercial and service oriented uses of a more
intensive nature. The zoning development standards such as setbacks, building height,
etc. of the zone are contained in ACC 18.23.040.
As discussed above, the subject site is designated as “Light Industrial” by the
Comprehensive Plan. Also, the parcels are contiguous to existing land uses that
function as light industrial uses such as industrially zoned properties across A Street SE
located outside of Auburn City limits to the west, and Rodarte Construction Company to
the south. Additionally, along this segment of A Street SE and within a distance of a
quarter mile, there are no other established land uses except for one remaining single
family residence (SFR) and a church (other SFR’s are depicted on the property in
relatively recent aerial photographs, but some have been removed by the Applicant).
Included with the application are statements by real estate agents that indicate that the
property is not conducive to commercial development and is better suited to industrial
development. There are many factors that may lead to this opinion for example; the
market may not have reached maturity at this location that make the property suitable for
redevelopment consistent with the commercial zoning designations.
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 9 of 12
The range of uses allowed in the light industrial zone are characterized by a greater
amount of outdoor storage and outdoor activity and greater potential for noise and sharp
transition in land use, regardless of the specific development arrangement and use.
Without appropriate mitigation and design consideration, the proximity of the site to a
heavily traveled “Principal Arterial” street corridor has the potential to result in land use
and visual impacts to nearby properties and to the traveling public. As well as, the
location is at the south end of main transportation corridor at the perimeter, that forms a
prominent visual identify for the City.
The Comprehensive Plan description of the purpose of this designation emphasizes that
outside storage shall be permitted only subject to performance criteria addressing its
quantity and location to ensure it is compatible with adjacent uses and so that such
storage would not detract from the potential use of the area for light industry. In all
cases such storage shall be extensively screened.
Policies:
“GP-16 Contract zoning can be used to manage the transition between existing uses
and future uses. Contract zoning allows new uses to be conditioned in a
manner which controls potential conflicts during such transition. Contract zoning
may be particularly useful as a timing device to ensure that the necessary public
facilities are available to support new development.”
“GP-31 The City should appropriately support local businesses that enhance the image
of the City through their contribution to economic vitality, educational, and
historic value of the community.”
“LU-96 Highly visible areas which tend to establish the image of the city should not be
used by heavy industrial uses.”
“LU-97 The City shall promote high quality development of all light industrial and
warehouse areas.”
“LU-98 The City shall aggressively seek to abate all potentially blighting influences in
industrial areas, especially in areas visible to regional traffic flows and in areas
designated for light industrial uses.”
“LU-99 Compatibility among land uses should be enhanced through landscaping,
building orientation and setbacks, traffic control and other measures to reduce
potential conflicts.”
“LU-100 All industrial development should incorporate aesthetically pleasing building and
site design. The City shall amend its codes and performance standards which
govern industrial development to implement this policy.
a. Procedures shall be established to ensure aesthetically pleasing building
and site design in areas designated for light industrial areas.
b. Appropriate landscaping and site development standards shall regulate site
development in heavy industrial areas.”
c. Unsightly views, such as heavy machinery, service entrances, storage
areas, rooftop equipment, loading docks, and parking areas should be
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 10 of 12
screened from view of adjacent retail, commercial, light industrial and
residential areas and from public streets.”
The subject site is adjacent to a highly visible transportation corridor that forms a visual
identify for the city. The site is separated by hillside from residential uses to the east.
Residential uses continue to exist to the north on property designated for light
commercial use. The site is not located in the regional-serving area. The development
of the property will be required to be served with high capacity and high quality public
services and facilities concurrent with development; these will include half street
improvements and utility extensions. The properties have frontage and access to A
Street SE (East Valley Highway) that is classified as a “Principal Arterial” in the City’s
Comprehensive Transportation Plan.
2. Any changes or modifications to a rezone request made by either the Hearing
Examiner or City Council will not result in a more intense or larger zone than requested.
Staff Analysis: The requested rezone change is from “C-1 Light Commercial” and “C-3 Heavy
Commercial” to “M-1 Light Industrial” zone. The staff recommendation for change is the same
as the Applicant’s proposal.
In addition, Washington case law has identified other criteria for rezone applications (see
Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since
the original zoning was established and the proposed rezone must bear a substantial
relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn.
App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially
changed since the original showing and that the rezone must bear a substantial relationship to
the public health, safety, morals or welfare; provided, that a showing of a change of
circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)
a. Conditions in the area must have changed since the original zoning was
established.
Staff Analysis: The rezone proposal implements the Comprehensive Plan land use
designation for the subject property. As mentioned under the Findings of Fact, a
comprehensive plan map amendment changing the Comprehensive Plan designation of
the northerly two parcels to “Light Industrial” was processed at the end of 2016 and
approved by the City Council, Ordinance No. 6632. The southerly two parcels currently
have the “Light Industrial” Comprehensive Plan designation, but are zoned “C-3 Heavy
Commercial”. The proposed rezone would adjust the zoning of the site to correspond
and be consistent with the Comprehensive Plan designation. Showing of a change of
circumstances has occurred is not required if a rezone implements the Comprehensive
Plan.
b. The proposed rezone must bear a substantial relationship to the general
welfare of the community.
Staff Analysis: Rezoning the subject site to “M-1 Light Industrial” will align the zoning
district to the comprehensive plan designation. As noted above, Chapter 3, Land Use,
and Chapter 14, The Comprehensive Plan Map’, the Comprehensive Plan document
provides various policies to meet community and growth management goals. The
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 11 of 12
zoning change and subsequent commercial development will benefit the community and
general welfare.
C. 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 with the following conditions that were identified and made part of the Mitigated
Determination of Non-Significance (MDNS) File No. SEP15-0016
1. Prior to City approval of a Building Permit, Grading Permit, and/or Storm Permit, the
Applicant shall provide a landscaping plan for City review and approval. The landscaping
plan shall be prepared by either a landscape architect licensed in the state of
Washington, a nursery professional certified pursuant to the Washington certified
nursery professional program, or a Washington State certified landscape technician (as
provided in ACC 18.50) and shall include:
a. A vegetated berm, at a minimum, consistent with the requirements of ACC 18.50,
to achieve dense screening along the full length of the properties street frontage
along A Street SE (except existing or authorized pedestrian and vehicle access
points). The horizontal footprint of the berm shall not be less than the minimum
landscaping requirements under ACC 18.50 and the vertical profile of the berm shall
incorporate appropriate undulations such that the berm has a natural, native
appearance instead of one that is uniform and appears artificially created. The
selection of plant species shall ensure year around screening and shall incorporate
shrubs that provide understory screening below trees as they mature.
b. Any fencing that is proposed or installed shall be located beyond the toe of the
berm slope, on the interior side of the berm and/or landscaping. If chain link type
fencing is proposed, it shall be black coated vinyl-type fencing.
c. The landscape screening planted on the berm shall consist primarily of coniferous
trees and shrubs with the intent of providing a dense screening of the site from views
by the traveling public on A Street SE. It is acknowledged that the pedestrian and
vehicle access point(s) will not be fully screened. Also, acknowledged that dense
screening may not be achievable where it is necessary to provide adequate sight
distance at vehicle access points, if the sight distance obstruction cannot be avoided
by the installation of trees at a larger size than the city minimum size and limbed up.
d. The species selection of evergreen and deciduous trees for this landscape screen
shall be based on city review and approval of a cross-section of the berm to be
shown on the landscape plan. The cross section must show the relationship of the
size at planting and the mature tree height and spread to view angles from the street
to the site development. The City may require the installation of a proportion of the
trees at a larger size than the city minimum, if effective screening will not be provided
within five years of planting at the minimum size.
e. Landscaping shall be irrigated and shall be maintained in order to accomplish the
objective of full visual screening.
2. The signage allowed at the site shall be limited as follows.
Agenda Subject: REZ15-0001 Kana B, LLC
Zoning Map Amendment (Rezone)
Date: January 10, 2017
Page 12 of 12
a. Signage is limited to monument signs at vehicular access points and meeting
zoning code standards. Landscaping, hardscaping, water features, arbors, and/or
other design features shall be used to complement and accentuate monument
sign(s). The design and relationship of the accent features shall be reviewed by the
city concurrently with the sign permit. The accent features must not out-of-scale and
overwhelm the monument sign(s).
b. Lighting for signage shall be limited to up-lighting or down-lighting where light
fixtures are fully shielded. Landscaping may be used for shielding of up-lighting.
Backlit signage will not be allowed.
3. Depending upon the type of use that is developed on the property, the proposed
future development of these 4 parcels could impact the water, sewer, and storm facilities
required to serve the parcels. The zoning of the property defines the range of uses that
can be permitted which has a resultant effect on the degree to which development will
impact utility systems. The C-1, C-3 and M-1 all allow a variety of different types of land
uses. Within each designation there uses that can have minimal or heavy impact on the
existing utility system. For example, the M-1 zone allows for both mini storage which
relies upon very little water usage or a manufacturing operation that places significant
demands on the water system. Likewise, the C-3 zone allows retail which also relies
upon very little water usage and restaurants, grocery stores, and hotels which consume
larger amounts of water. Overall, it is difficult to evaluate the specific potential impacts to
utilities without identifying the specific development proposal. For this rezone proposal
the applicant has indicated their intent to use the property to locate their construction
company offices and to store equipment and materials. If the site is developed in this
manner it is not likely to have significant impacts on the water, sewer or storm
infrastructure, however, the detailed impacts on the utility systems will be fully evaluated
as part of the SEPA process for the site specific development proposal.
Stormwater facilities would be required to comply with all applicable city storm drainage
standards, including quantity and quality control. Appropriate best management
practices for the specific manufacturing process would need to be implemented to
prevent illicit discharges to the storm drainage system.
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
D. EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Completed Application Form (REZ15-0001) and materials
Exhibit 3 Vicinity Map / 2015 Aerial Photograph
Exhibit 4 Zoning map showing the current and proposed zoning of the Property
Exhibit 5 Determination of Non-Significance (File No. SEP15-0016), dated April 18, 2016
Exhibit 6 Ordinance No. 6632 Approving related Comprehensive Plan Amendment, dated
December 5, 2016
Exhibit 7 Notice of Public Hearing
Exhibit 8 Affidavits of posting, mailing, and publication (3 documents)
CMP #1
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
3/8/2016
ASTSEInformation shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
¬Map ID: 4837Printed On: 01/05/17
Proposed Zoning Map Admendment (REZ15-0001)
0 40 80 120 160 200
FEETASTSEAuburn City Limits
Parcels
C1 Light Commercial District
C3 Heavy Commercial District
M1 Light Industrial District
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
TV Terrace View
EXISTING
PROPOSED
ORDINANCE NO. 6 6 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ADOPTING 2016 ANNUAL
COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS
PURSUANT TO THE PROVISIONS OF RCW CHAPTER
36.70A
WHEREAS, on August 18, 1986, the City Council of the City of Auburn adopted
a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the
location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995, the Auburn City Council adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth
Management Act; and
WHEREAS, on September 5, 1995, the Auburn City Council reaffirmed that
action by its adoption of Ordinance No. 4788; and
WHEREAS, on December 14, 2015, the Auburn City Council adopted an
updated Comprehensive Plan which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City by Ordinance No.
6584; and
WHEREAS, the City of Auburn published in the Seattle Times Newspaper an
advertisement that the City was accepting comprehensive plan amendment applications
and established a deadline for submittal of June 3, 2016; and
WHEREAS, the City of Auburn received privately-initiated map amendments in
previous years (File Nos. CPA14-0002 & CPA15-0002) however these applications
were not complete for processing; and
Ordinance No. 6632
November 30, 2016
Page 1
WHEREAS, the City of Auburn did not receive any privately-initiated map or
text/policy amendments for the year 2016 annual amendments; and
WHEREAS, the City of Auburn initiated one map amendment (CPA16-0002) and
five text/policy amendments (File No. CPA16-0001); and
WHEREAS, the Comprehensive Plan text/policy amendments were processed
by the Community Development & Public Works Department as proposed Year 2016
annual amendments to the City of Auburn Comprehensive Plan; and
WHEREAS, maintaining a current Capital Facilities Plan is required of the City in
order to meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the proposed Year 2016
Comprehensive Plan amendments were considered in accordance with procedures of
the State Environmental Policy Act (File No. SEP15-0022 (Romart LLC), SEP15-0016
Kana B. LLC), SEP16-0010 (City-initiated Text) & SEP16-0018 (City-initiated Map))
and were determined to have no environmental significance; and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth Management Services Division and other
State agencies for the 60-day review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of the hearings, the Auburn Planning Commission on
June 21, 2016 and on November 9, 2016, conducted public hearings on the proposed
amendments; and
WHEREAS, at the public hearings the Auburn City Planning Commission heard
and considered the public testimony and the evidence and exhibits presented to it; and
Ordinance No. 6632
November 30, 2016
Page 2
WHEREAS, the Auburn City Planning Commission thereafter made
recommendations to the City Council on the proposed Year 2016 annual
Comprehensive Plan map and text amendments; and
WHEREAS, on November 28, 2016, the Auburn City Council reviewed the
Planning Commission's recommendations to the City Council; and
WHEREAS, on December 5, 2016, the Auburn City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Application CPA14-0002, Romart Investments LLC Comprehensive
Plan Map Amendment, requesting a land use designation change from "Single Family
Residential" to "Light Commercial" for an approximately 2.27-acre parcel identified by
parcel number: 0520051045 is approved as set forth in Exhibit "A" attached hereto and
incorporated herein by reference. Council adopts both the Planning Commission's
November 9, 2016 recommendations, and the findings and conclusions outlined in the
October 19, 2016, staff report, both attached as Exhibit "B".
Section 2. Application CPA15-0002, Kana B. LLC Comprehensive Plan Map
Amendment, requesting a land use designation change from "Light Commercial" and
Heavy Commercial" to "Light Industrial" for two parcels totaling approximately 5.9
acres, identified by parcel numbers: 3121059036 and 3121059033 is approved as set
forth in Exhibit "C" attached hereto and incorporated herein by reference. Council
adopts both the Planning Commission's June 21, 2016 recommendations, and the
Ordinance No. 6632.
November 30, 2016
Page 3
findings and conclusions outlined in the June 9, 2016, staff report, both attached as
Exhibit "D".
Section 3. The 2016 Comprehensive Plan city-initiated Map Amendment
CPA16-0002) is adopted and approved as set forth in Exhibit "E" as attached hereto
and incorporated herein by reference. The City Clerk shall file Exhibit "E" along with
this Ordinance and keep them available for public inspection.
Section 4. The 2016 annual Comprehensive Plan city-initiated Text
Amendments (CPA16-0001), as set forth in Exhibit "F" attached hereto and
incorporated herein by reference, are adopted and approved. The City Clerk shall file
Exhibit "F" along with this Ordinance and keep them available for public inspection.
The full text of the Capital Facilities Plan of the City and the four school district's Capital
Facilities Plans are adopted with the City's Comprehensive Plan, copies of which shall
be on file with the Office of the City Clerk. The City Clerk shall file them along with this
Ordinance and keep them available for public inspection. Council adopts both the
Planning Commission's recommendations, dated November 9, 2016, and the Findings
and Conclusions outlined in the October20, 2016, staff report, attached as Exhibit "B".
Section 5. The 2016 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986, by Resolution No. 1703; and
adopted by Ordinance No. 4788 on September 5, 1995; and adopted December 14,
2015 by Ordinance No. 6584.
Section 6. The adopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive authority under the Washington State
Ordinance No. 6632
November 30, 2016
Page 4
Environmental Policy Act by the City's responsible environmental official in accordance
with RCW. 43.21 C.060.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any
reason held invalid or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
Section 8. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to include
incorporating into one document the adopted Comprehensive Plan map and text
amendments, attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit
E" and Exhibit "F" preparing and publishing the amended Comprehensive Plan.
INTRODUCED:
DEC -'5 2016
PASSED:
DEC - 5 2016
APPROVED: DEC - 5 2016
ATTEST: NANCY-BAC SS,Mayor
Daniele E. Daskam, City Clerk
APP- :VED AS TO FORM:
D. el B. HeCity ' ora,
Published: (Thant,....-,\,e, ,
Ordinance No. 6632
November 30, 2016
Page 5
Exhibit "A"
Colored Map as an excerpt of the City's Comprehensive Plan Map
showing a change from "Single Family Residential" to "Light
Commercial" for an approximately 2.2.7-acre parcel identified by
parcel number 0520051045 for Romart Investments LLC.
Please see "Comp. Plan Map Amendments CPA14-0002"tab
in the working binder).
Ordinance No. 6632
November 30, 2016.
Page 6
Exhibit "B"
Agenda bill/staff report dated October 19, 2016.
CPA14-0002, for a change from "Single Family Residential" to "Light
Commercial"for an approximately 2.27-acre parcel identified by parcel
number 0520051045 for Romart Investments LLC.
Ordinance No. 6632
November 30, 2016
Page 7
Exhibit "C"
Colored Map as an excerpt of the City's Comprehensive Plan Map
showing a change from "Light Commercial" and "Heavy
Commercial" to "Light Industrial" for two parcels totaling
approximately 5.9 acres, identified by parcel numbers:
3121059036 and 3121059033 for Kana B. LLC.
Please see "Comp. Plan Map Amendments CPA15-0002"tab
in the working binder)..
Ordinance No. 6632
November 30, 2016
Page 8
Exhibit "D"
Agenda bill/staff report dated June 9, 2016.
CPA 15-0002, for a change from "Light Commercial" and "Heavy
Commercial" to "Light Industrial" for two parcels totaling
approximately 5.9 acres, identified by parcel numbers:
3121059036 and 3121059033 for Kana B. LLC.
Ordinance No. 6632
November 30, 2016
Page 9
Exhibit E
Colored map as an excerpt of "Comprehensive Plan", showing the
change from "Light Industrial" and "Institutional" to "Heavy
Commercial" for three parcels identified by Parcel Nos.
2421049004, 2421049114 and 24210.49115.
Please see "Comp. Plan Map Arnendtnents" tab in the working binder)
Ordinance No. 6632
November 30, 2016
Page 10
Exhibit "F"
The Auburn, Dieringer, Federal Way, and Kent School District
Capital Facilities Plans
City of Auburn Capital Facilities Plan
See "Comp. Plan Policy/Text Amendments" tab in the working binder)
Ordinance No. 6632
November 30, 2016
Page 11
t � �I_ . • TF`{.�� q\i � � .�Y' � Y�� 4�' YY F�1 6�.q�.Y� ��//4r � _ i ��i ^f 1
L- � 1 � L t:'� Y~a '.�(1 'y
EV� .�� s . ] .s � ql yy/�l'�'�. t'� 11 � I'i9 f ; �rq"a -iS,. �' �`�^,_+ ta
�� ; T '� r l _ ^U � m7"3��� �� i '�/�}OR � ,� �� t W�t�y �e�f{� ��'� 1i i Y 1'��y.,� J,j (4'pa.�$� � '� � .'l�,'�!
:•� i J�it t��t `' y+ ti�1 . 5 s v �'' y{?`rt�,Y V ..? 1� ii 4� � � ' + l..�i��.d'�}'jj�3' �F � ''J I
i . -ti�'i ' . r..i�' -�`y . � g� � . �Y t -s s r i ��`� ` � # ,�{�.� 1 � �
�- � i' z � { � x -T � , ."`a `�t �:�, �` t +yt� � ' 7 �'� �.! �. . }'�
�.t 7 S /Yy� 7 .', r-{ ,i: ."��, '^7 -.. � £r+ � � �'.,� } :,ia 1i Ia i � .� `�� �' � ,�o �b , -�f
�±2 1 >, 4K��x C i : if�v �P ' �.� ir,•.i•Yj,.� ii�" �;s yl,�j .A��* J .; � ���,,��..5 ..i 4iP ',l ' " ',' �7
1 r 'tt"f -� � 3`� '�a� � ,�Fr .�.}��� �-Cv � ki .� l ��� Y !I✓Jea +�v.:;+}� M."_�' _ / �"r . f
�. v c r4 f '7 ` r --... r i'�.3 r t� ia a'.. ) �,:i.+ :%I, a 9� i St"���n'4; 1 �� � t ��.��:�
5 •} �.xr_, � � tx v �II ^xA��j �^�. L' ] ar ��. t � � ( �j„
I ^�'^� 7�-L F r �}Y��' � St ; L::�':- r. �g y, '9i�`�'��5����. . t��w �r����a,�aa �'�s�,+���`�. II \` ':� ��`
� ^�.'�'i� { "'�°I) � �v�+`'� �_� / Jt�7�'� �� t✓�� ' r� �': � ��'1 t �1
� I �
�1 �i`i;.� �j�` . • � y � ., q( y _ �Y
, I . �.' f ' l I �� 4 ` �li� � .x � !�',t
T. . '}N�.x �f .(� �} .--r�
- d ` .� ��?f • ��' .� r �� Ye}Y - � - :f
r � ai � • 5 e . i
qc-'.. M� � _ . ���y��1��.� Jy��t�� � �M- { _ _ _ . -- :t
y 'ii �`S� i� � .�3 � . - � �} �F �y � � �1
'1' �0.
i, � 1 - Il��i�' a� 1T��! �,�i .,� �::?.j � �.
.. y ,
'��'" � � �-� y�'�.'�-'. <� < 9 ,�k,., a .k r t �:.�, � �.��;�, -- _f
. c.!'' � - -- '��--„-"',^.t-,:,�� �'�i `��{. IY �s��� � . ''„�iiMli;�
.' _ _:- _ �.; .
. _. i .t� ''q� - � -
�; �s , _ 4 � . _ - — i
_
� �,�. _ ._ --
r�. :�;�•� : _
,
� ��
�
. N -
_�
�.a S � � �...Y ,h l
�.�K? ; ,� .,,,L1J— . y
w''t`- q e x � 1 ts' �
��'4kZ: � L ) ��` , < �!� vr i Y `T }v�/y. �i ,r �' W �� r�r _�.� � �r ' ; v � ::. __
, %` .r �k �'.
k �! ,�` tir i t.�y!" � * z � t e n n i t.� -S -
f-i��� "' � r � S {t.� -3�1 t �� f �.. r� f t u�y.J�_ d � . . � ._
�kt�k�. iy� r �r�'.r v(�"-4�L'� �.< � r�„ t �i t 'f,r�,��n i+ � � ���R t < < .e 'l � T. . . .. �.���
.yl"i�. t t^ "�, ° rl.�. t r1,{`�'.." ''ir. �y x ..Y � r�i S-�t at i } -Y i c�t v.�t a {� .y(i t 'Y :i + __. . .
�� �� �..�� � ii � ,�# � at'+ l = C 4 � ��� ��,3 >y.� t � 7. Jy�rr�ti��z�� 1:� r tt�ir� � �
-i ,, '�.�.,�a -"'i1�`..':c. �` Y �`k� y� r �.,.Z;,P, hY,:.� �-r � <r K,,�� .� j r �'Kt � &t v Y`�- < .. '.i
�rSj>,?7Rc r ,s� X� �{ '�`d'iF1F �o ! ��,'}��-�� Mt,�a _,ti, .-V .. �.'� `h ="e . r q+r' r -rv�s 4 :.1 * � �:i
i �3i�� ��..�i. ai l.�t +�. Y•.rfr.. Ci � t+ly,.! �'• �tf �� �> r '�'in � r ` .. iA 4�Yt�.i}�CUY�.r _ ;( vi � Y iv f'. _�
ai Y�
_ ��y' �j�,��` � �� , s 1"�'�t t�� f l3�+ � �_'yp��,�t. 1�! .,,.� �f }r- .1�� r� <-�'< � ^� 3- � �.��SY� �i � f._? �,�
--�_ �`1� � � 1 � yl ��Z 3�'qR' � �'�i.r e L p- �� p1� Jt� ' r> ���tit�Q �.0 � �,tr r3 � `T`�
� _ I {�'.Rs�. ��r y��rl--'� :.�������t"<. t��i, � :�j � a} �� tir: > � wr�1'*ig �;
F •
_. ,y�,
'�r ,�C.� ,yr�!t-��t"Tf +.. � �.'4t�"` �.�i � ,��;- h� � ..M r y� r}�'s s�Y ,,
`.. __ . i�`y '$` „f' n,�'t n+�{1.y � s�. ` �.1..: Sr�r: Y���� ��r �� S��T��Y��}��� ' .?��S'YJ +�
� - _ . �'�_y. z �'. '�-t�' �r. /'�.i l�,S w 'i{� e> i e h . 9P 7 � .i
' .. . �i � t r%fJ':� ���,; �.K � It� :'? ,� �, '�'xuj i!x . ., y r `"Fi t Yt j7,
r' �:- ._ . � ��,.� '?'�Y"_ t 1-. l sf � -.,�
� n
.. - > � . . 1,� � �T a-��, fia -��f�� �� t �1 z' .
f
� _ ' . � . �__ - � . ���y' Y # r S� � �`'}` 1F,r,�'>�Y , i!
Y 3 r���t �' �' ..����v d
,. . - _ �_ . . . '� '�����✓ l� . Yi:
..��-__ --c._. . � -_- 'r.- .�_. �� . �
� `�
� �. s•`- ��b i H � '� ` / ` ��� . /
' �� .:vt � '4
� u - '``�.3 c' � �° y�- _ : _ , .,.�:r �„
'��
<r �:'" x 1 h !
:.�-,. y _ , , �1 ',�d� y v 3 •y��< �.
- . . . .-, �r,: .,iC.,r.,
�;* ! k, pA ';F;�a � ., . _' 1 i'+_..,._:
�i' f(1 �. ::>` aa ��ii��� r r-,r�yat�� -
41�f�� h���� y�r,l'��.4 � F�.��F+,�._. ':o- M; • � ',-_�at,�. . _a �,"` .,.-.. � ' . .. ., '�I
��y�i�7�F�����j# ��lM�� .. �r7i.j ) �'2,,.R _ Y:�� � _.
� N � '�Y
� ..
.
��: �
Oi" r� zF.M✓F�`� : � ..: . . ���
. - �
fS � .-_•. . .�`:.. / �t.� ._... . : et T ..i:- ' � -'�. ' ' . +'�_s �
��,ty� F ��`'� � { ":���+t.�S",� � — , � -� �. ^y+�
8"'
w� �'9' d ,-. �yL�., � R ���,�' '+e. � � I I. �
s,1' '�� h�,�i�� C • �'. 'S' ..I . ,
�.� YW^� ,Jy`,� � ..
_ 1 . �. ,� i.�. i'� �
�,_�� � r i i�
, ,_ �..�,y,.�, x. t , .
��' + Py', � M,.
� ����r N � xP� �ti:
. . , � �., r �4 r'1 ��.
r ��i � ' � S
� -�r� . '. .` � (�.� j '
✓i, t�' a�� ' 1 ��} �+5�,. �__ ' i�
; 1 �� ��� F7.e_CF.' ! §1y e
. „ . r � '�,,.� yy� ' � � ��� r� p,,�.
� � � ���� � S;
� ��Y �.'��1� 1�� ��'.�t��•�i �� �`�iih 1 K
,yp �'� �q� " ��. y i. f '�'g ����_ :;i
f • L�� � . e'+ t �, e� 'r n
-I� K ' . � �. � . ��� 'I .
: ",�?4 .-�.�� �' �. �+�, + !,
r �.
� Ji�4 f � �y.,^ �I �
_ � , 3, ' � r I � 1
~�y Y .
..� w� .yr.� ��' , �S'�' ' "_� � ' ♦I�K ii- � 4�$
L �-�.��y i� ' -� y
� 1 L' 7
` �'.f�. �p.y i� ' � '� �I
�� �"�„y� �i ,f����.t� � �ti Ln�^I: �y .I.. �
-T.v'!,p�` �' * ,F� t * f•�� �y- � � �� �r 1.
' .� ' �' � + u i � i� �� � r
?�(• � �f� ��� � � ��y r�
� 1 �
t • - ��� L .���� +� __�. , � �p.. y'���� .�'�
xf ��'ii*��`;� ' -�j -y!'' ��(c,��'1 �� �~� `�1 •�,� I��� �p j°
aY� ��• �.�� Y' !1iR}Y'�4�A1��`i_' , - ...'� �' . h ���
r� rp / .rv..'�'�.y1 F"� '17�,�R' fry M� '.��� ._
F..� a r�:.�
�'. t � •
J�:' ��r:��/r1i._.��'�ylE','S.� �..,��y � , J � '�� � � i�
x
.�„J ��.,,r;' L.E +��S�-v iw*� �—• . , '�d '
'�.- �
'�{r. s �r- �'+�s�� a `I-��'4 4y `�:• 'SF'�'�',y.��, 'I i f
�
tit, , ' �'-7 !P t.
9 �s`. � �1' '� i
�.' � _$ ..��j,r ; �!" . � ,� v '• � �, � � . r,
,�� w r# 'Ihr'` -. ___ `: �� {
� ` ,`. - . ti' �{- .i `�+'� � , � i .
��'' �,� a � , �r7 � � i �
�,�1�� r • y� 4� �-x�'�+*�;• �, ,,;���� FF � ,I ` I K
'�'tN'�" '� ' .� .�TT'��J)�, �. ��t L�i��j1 / � r �
��.A F 1' i `!�-Sirrk �flq� e �`+(����.: y�j:n f•'. � �'�: ..
� . � ' ry� M.Yl �A �_nf ' .
�a`.1� }4J ,',h 1 � f.. k * V� r 1
� � � i �'•"�'I� `� �� -P. � �
ca'r '. Fr��.' � L�� 11� �V"�4 '� v d .�� �� �V� �' '�
� P '� T s L '
, '^' � ,, " ",� :�� � y '
=�= •?1 ,2 r _ , ,�,:i � r ,,
� ; k
- � . �.�'� �.�x++q�� j�"•��� •. Yt .s. F�. AI �L�,-T�' °.� � r � �� ��,� �
� . ���5�.i,y'�} ���': � r~ ,~�y�i'.�j' s '� ��� �+.'' ���
' � � � �
{ k �� , 7?
j f ,� � i(� ''F,i" S�s';�, *r r fT,� .. wb.s'.l I I .� f} � �✓� �:�:` ��''I
7, � � �_ j'; I I
�� 1�•♦ � e�! . � '.
5 � r A- � y� ..�A9 � �y�'�,�'` ��� �����a '.. .I i `
^ F r♦
:��.� �Iw. . '�' '� � � Y �� r�� �,.��� _"Lr i �, � '�T I � � •�� �i
�� � �.,,, A4�.:���� 5M . 1 �lFy`' _�t � t"� y���� �I � � I.� �i���e M n ,
� �a ZF 7 w , 1 r �r "
� �`�� ..w�''���',�, ^�• � '`�,'",��,g�a�-' ,�_ � �� r �R � A � r7r ug +�1 I
�'d�� �.�?�ti �'� � ;!+'� r� � 2.rr�:. i' � � �y � �, 9,��-1 �`
X+iy4 �,� :�� .���� ;�t` ��= �h_' � ! • � ,.� �� . �
u�`�. ' iG , �^.' �� .�
�rr .'•�\j����� ',i' ^ � ` �.�
r y� < �
�� 'S�~�� v�,`�1�M 1 � � . �� ��.f.�_. P 's I . � { • I
AGENDA BILL APPROVAL FORM
Page 1 of 11
Agenda Subject REZ14-0001, Romart Investments LLC Zoning
Map Amendment (Rezone)
Date: January 6, 2017
Department: Comm. Dev. &
Public Works
Attachments: See Exhibit listing
below.
Budget Impact: N/A
Administrative Recommendation: Hearing Examiner to conduct public hearing and
recommend to City Council approval of the Romart Investments LLC Zoning Map Amendment
(Rezone) with the condition from the Mitigated Determination of Non-Significance (MDNS).
APPLICANT/OWNER: Romart Investments LLC
3919 Latona Ave NE
Seattle, WA 98071
REQUEST: File No. REZ14-0001
Rezoning of one parcel totaling approximately 2.27 acres from “R5, Residential,
five dwelling units per acre” to “C1, Light Commercial”.
LOCATION: The vacant site is located at northwest corner of the 182nd Avenue East & Lake
Tapps Parkway East, Parcel No. 0520051045. The site is located within the NE
¼ of Section 5, Township 20 North, Range 5 East, W.M.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: January 18, 2017 Item Number:
Exhibit 1
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 2 of 12
LOCATION & PARCEL:
The property is located on the northwest corner of Lake
Tapps Parkway SE and 182nd Ave E within the Pierce County
portion of the City of Auburn, Parcel No. 0520051045.
EXISTING ZONING:
“R5, Residential, Five Dwelling Units per Acre”.
EXISTING COMPREHENSIVE
PLAN DESIGNATION:
The parcel is designated “Light Commercial” by recent
Ordinance No. 6632, adopted December 5, 2016.
SEPA STATUS: A combined Notice of Application and Adoption of Existing
Environmental Document, a Mitigated Determination of Non-
Significance (MDNS) (File No SEP15-0022) of the Pierce
County Mitigated Determination of Non-Significance (MDNS)
for a conditional use permit (CP33-94) was issued in June,
2008. The MDNS was prepared for the construction of an
18,000 sq ft commercial building and 88 associated parking
stalls on a portion of the subject site, located in the General
Use Zone classification (Application Number 196781). The
City observed a 15-day comment period and received
comments from Pierce County Transportation Dept. and from
Carolyn Anderson, a neighbor. The comment period ended
August 3, 2016 and the appeal period ended August 24,
2106. There were no appeals.
The Comprehensive Plan designation, zoning classification and land uses of the site and
surrounding properties are as follows:
Comprehensive Plan
Designation
Zoning Classification
Current
Land Use
Project Site Light Commercial R5, Residential (Five (5) dwelling units
per acre) Vacant
North
The BPA utility easement and
property beyond is
designated “Single Family
Residential”
R5 Residential (Five (5) dwelling units
per acre)
Utility transmission
corridor (Northwest
Pipeline) and
vacant land
South
Neighborhood Commercial
Unincorporated Pierce
County
NC – Neighborhood Center (Located
in Unincorporated Pierce County) Vacant
East
Rural 10
Unincorporated Pierce
County
R10 – Rural 10 (Located in
Unincorporated Pierce County) Gas Station/Strip
Commercial
West
The utility easement and
property beyond is
designated “Single Family
Residential”
R5 Residential (Five (5) dwelling units
per acre) Vacant
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 3 of 12
Vicinity Map
^ NORTH
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 4 of 12
A. FINDINGS
1. The related comprehensive plan map amendment, rezone (zoning map amendment)
application were accepted on June 6, 2014, prior to the submittal deadline for processing of
annual Comprehensive Plan Amendments. The related environmental checklist application
was subsequently submitted in 2015.
2. The applications were submitted by V.E. Mahrt (“Bud”) who is identified as Managing
Member of Romart Investments LLC, Property Owner.
3. The zoning map amendment (rezone) application seeks to change the zoning classification
of one parcel totaling approximately 2.27 acres from “R5, Residential, five dwelling units per
acre” to “C1 Light Commercial” to accommodate future commercial development of the site
(The Site).
4. The parcel is located on the north side of Lake Tapps Parkway SE and to the west of 182nd
Ave E.
5. The parcel is owned by Romart Investments LLC, the Applicant.
6. The parcel requested for change is irregular in shape, most closely resembling a trapezoid.
7. There is no evidence that the property was previously developed.
8. The east side of the site is bordered by a Pierce County roadway (182nd Avenue East) which
is a two-lane north-south roadway with left turn lanes provided at major intersections. To
the south, the site is bordered by Lake Tapps Parkway SE, a City of Auburn “Principal
Arterial” classified roadway. This street has two lanes in each direction with a center turn
lane. The shoulders are usually curb, gutter and sidewalk. The site does not border any
other roadway rights-of-way. Directly to the northwest is a public storm pond and Northwest
Pipeline underground utility transmission corridor. The utility corridor appears to contain
wetlands that extend on to the northern portion of the Site.
9. As indicated by the Applicant in the narrative submitted with the application, rezoning has
been requested for the purpose of changing the zoning of the property to allow future
development consistent with nearby properties.
10. A combined Notice of Application and Adoption of Existing Environmental Document, a
Mitigated Determination of Non-Significance (MDNS) (File No SEP15-0022) adopting the
Pierce County MDNS was issued in June, 2008. The Pierce County MDNS was prepared
for the construction of an 18,000 commercial building and 88 associated parking stalls on a
portion of the subject site, located in the General Use Zone classification (Application
Number 196781). With issuance of the combined notice, the City observed a 15-day
comment period and received comments from Pierce County Transportation and from
Carolyn Anderson, a neighbor. The comment period ended August 3, 2016 and the appeal
period ended August 24, 2106. There were no appeals.
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 5 of 12
History of Subject Property
11. The property is located within the Pierce County portion of the City of Auburn. It was
annexed to the City in 2005 by Ordinance No. 5932.
12. Prior to the site being annexed into the City of Auburn, a Conditional Use Permit (CP33-94)
was processed by Pierce County in order to allow for the future construction of an 18,000
square foot commercial building and 88 parking stalls. The Conditional Use Permit was
approved by the City of Auburn in June, 2008. The development would have occupied a
portion of the subject site. The Conditional Use Permit expired in 2013.
13. Between 2014 and 2015, the Applicant, Romart Investments LLC, submitted 3 applications
to the City:
a. An application to amend the Comprehensive Plan map designation of an approximate
2.27-acre parcel from “Single Family Residential” to “Light Commercial” (CPA14-0002).
b. A rezone application (File # REZ14-0001) was submitted to change from R5, Single
Family Residential, five dwelling units per acre to C1 Light Commercial. The rezone was
needed because commercial development is not allowed in the R5 zoning district.
c. An environmental checklist application was submitted to address the change in map
designations and development. The development consists of a two-story, 36,000
commercial structure with 8,000 square feet of general office and 8,000 square feet of
specialty retail space (File # SEP15-0022).
14. In response to the application received in 2015, the City issued a Notice of Application and
Adoption of Existing Environmental Document (MDNS) (Pierce County Environmental
Application Number 196781) on July 19, 2016. The document being adopted, the original
MDNS was issued by Pierce County since it predated annexation into the City of Auburn.
The MDNS contained one condition necessary in order to reduce or avoid environmental
impacts related to a driveway location and nearby wetlands.
Related Comprehensive Plan Amendment and Rezone Processing
15. At its November 9, 2016 public hearing, the Planning Commission reviewed the related
Comprehensive Plan map amendment (File No. CPA14-0002, Romart Investments LLC) to
change the Comprehensive Plan map designation of the subject property from “Single
Family Residential” to “Light Commercial”. The Planning Commission forwarded a
recommendation for approval to the City Council.
16. At its November 28, 2016 meeting, the City Council reviewed the Comprehensive Plan
amendments and draft Ordinance No. 6632, as recommended by the Planning Commission.
On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change
in comprehensive plan designation of the subject property to “Light Commercial”.
17. Pursuant to ACC 18.68.030 and ACC 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:
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 6 of 12
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 2.46.130.
This Application is consistent with the Comprehensive Plan, as outlined below in the
‘Conclusions’ section, below.
18. Pursuant to ACC 18.68.040, “(Zoning code amendments) Public hearing notice
requirements”. Rezones Initiated by an Applicant Other Than City shall require public notice
be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040.
A Public Hearing Notice was issued and published in the Seattle Times on January 4, 2017;
this notice was also mailed to the property owners within 300 feet of the subject site, and
posted on the subject property meeting the notification requirements.
19. Per ACC 18.23.020, the stated intent of the “C-1 Light Commercial” zoning district is to:
“. . . provide for lower intensity commercial adjacent to residential neighborhoods. This
zone generally serves as a transition zone between higher and lower intensity land uses,
providing retail and professional services. This zone represents the primary commercial
designation for small- to moderate-scale commercial activities compatible by having
similar performance standards and should be developed in a manner which is consistent
with and attracts pedestrian-oriented activities. This zone encourages leisure shopping
and provides amenities conducive to attracting shoppers and pedestrians.”
20. As identified in ACC 18.23,020 and -030, the “C-1 Light Commercial” zoning classification
allows a range of commercial uses, including professional office, retail, and restaurant. The
development standards of the zone are contained in ACC 18.23.040.
B. CONCLUSIONS:
ACC Chapter 18.68 provides few criteria for approval of a rezone. Following is a staff
analysis of the requested application with the criteria.
1. The rezone must be consistent with the Comprehensive Plan.
Staff analysis: The purpose of the City’s Comprehensive Plan document is to provide a
policy basis for the future zoning changes to ensure that the Comprehensive Plan and
Zoning Ordinance are consistent as required by the following city code section:
ACC 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. “
On December 5, 2016 the City Council approved Ordinance No. 6632 approving the
change in comprehensive plan designation of the subject property from “Single Family
Residential” comprehensive plan designation to the “Light Commercial” comprehensive
plan designation.
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 7 of 12
The Applications are vested to the Comprehensive Plan in effect prior to the adoption of
a substantially revised Comprehensive Plan adopted in December of 2015. The
Comprehensive Plan contains policy guidance related to this application. Specifically,
Chapter 14, Comprehensive Plan Map, starting at Page 14-9 provides the following
purpose and description of the ‘Light Commercial’ Comprehensive Plan designation.
The 2015 and earlier Comprehensive Plan to which the application is vested provides
the following purpose statement of the “Light Commercial” Comprehensive Plan land use
designation:
Light Commercial
Purpose: To create people oriented commercial areas to supply a wide range of
general commercial services to area residents.
Description: This category represents the prime commercial designation for small to
moderate scale commercial activities. These commercial areas should be developed in
a manner which is consistent with and attracts pedestrian oriented activities. The
ambiance of such areas should encourage leisure shopping and should provide
amenities conducive to attracting shoppers. (Emphasis added)
Compatible Uses: A wide range of consumer oriented goods and services are
compatible within this designation since the emphasis would be on performance criteria
which create an attractive shopping environment. However, uses which rely on direct
access by vehicles or involve heavy truck traffic (other than for merchandise delivery)
are not appropriate in this category. Unsightly outdoor storage and similar activities
should be prohibited. Permitted uses would consist of retail trade, offices, personal
services, indoor eating establishments, financial institutions, governmental offices, and
similar uses. Multiple family dwellings should be encouraged as part of mixed-use
developments where they do not interfere with the shopping character of the area, such
as within the upper stories of buildings. Since taverns can break up the continuity of
people oriented areas, taverns would be permitted generally only as a conditional use.
Drive in windows should only be allowed as ancillary to a permitted use, and only when
carefully sited under the conditional use permit process in order to ensure that an area's
pedestrian environment is not seriously affected.
Criteria for Designation: This designation should include moderate sized shopping
centers, and centrally located shopping areas. This designation should be preferred for
commercial sites where visual and pedestrian amenities are an important concern
outside of the downtown.
Appropriate Implementation: This designation is implemented by the C-1 Light
Commercial District. This district provides for a wide range of small and moderate scale
commercial oriented towards the leisure shopper and pedestrian oriented activities.”
(Emphasis added):
The requested change would make the zoning classification of the site consistent with its
Comprehensive Plan designation. The property is located at the intersection of major
streets and separated from adjacent residential zoned property by the utility transmission
corridor, storm pond, and wetlands that are surrounded by single family residential uses
and designations. The request is not anticipated to adversely affect compatibility with
the nearby single family residential area.
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 8 of 12
Applicable policies from the City’s Comprehensive plan that are adopted and designated
as a basis for the exercise of substantive authority under SEPA to approve, condition or
deny proposed action are noted as follows:
While commercial uses along arterials (often called "strip commercial" development)
provide important services to community residents, the proliferation of commercial uses
along arterials raises several land use planning issues. On the negative side, strip
commercial development creates traffic flow problems and conflict with adjacent land
uses. Due to their "linear" nature, commercial strips result in a maximum area of contact
between commercial uses and other land uses resulting in a high potential for land use
conflicts. Poor visual character due to excessive signage and architectural styles
designed to attract attention instead of promoting a sense of community is an additional
concern. Pedestrian shopping is made difficult, resulting in greater generation of
automobile traffic, and large fields of asphalt parking lots are needed to accommodate
single purpose vehicle trips.
Despite the problems associated with commercial development along arterials, many
such locations are often quite unsuitable for other uses, due to the impacts associated
with heavy traffic volumes. Also, many commercial uses thrive at such locations due to
high visibility and accessibility. The Plan seeks to manage existing arterial commercial
areas to take advantage of the accessibility they provide, while minimizing traffic and
land use conflicts and improving their visual appearance through an enhanced design
review process and development standards.
Objective 9.3. To encourage the appropriate use of areas adjacent to heavily traveled
arterials while minimizing land use and traffic conflicts by:
1. Managing the continued commercial development of existing commercial
arterials in a manner which minimizes traffic and land use conflicts.
2. Conserving residential qualities along heavily traveled arterials which are not yet
commercialized, by restricting commercial development to types which provide
an appropriate buffer.
3. Protecting existing, viable residential areas along lesser-traveled arterials, from
commercial development.
4. Concentrate population and employment growth within the eight key economic
development strategy areas within the City identified as follows.
Auburn Way North Corridor
Auburn Way South Corridor
Urban Center
Auburn Environmental Park and Green Zone
15th Street SW/C Street SW/West Valley Highway/Supermall
A Street SE Corridor
SE 312th Street/124th Avenue SE Corridor
M Street SE between Auburn Way North and Auburn Way South.
Policies:
LU-58 The City has identified those existing commercial arterials that are appropriate for
continued commercial development and employment growth as well as a
concentration of population growth. These areas are identified as the eight
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 9 of 12
economic development strategy areas as identified under Objective 9.3. Sub-
area plans for these strategy areas should be developed.
LU-59 The City shall review its standards relating to the number, size and location of
driveways to ensure consistency with goals and policies relating to arterial
commercial development.
LU-60 The City shall encourage the grouping of individual commercial enterprises along
commercial arterials to promote the sharing of parking areas, access drives and
signs. Such grouping can be encouraged through land division regulations, sign
regulations and development standards.
LU-61 Moderate density multiple family residential development shall be used to buffer
general (heavy) commercial arterial development from single family
development. Extensive screening and landscaping shall be used to buffer
general commercial uses from multiple family uses. However, the placement of
walls and fences and site designs which prevent easy access by bicyclists and
pedestrians should be avoided.
LU-62 Arterials experiencing strong pressure for commercial development, but not yet
committed to commercial uses, shall be designated for mixed use commercial
and high density multi-family uses. Development regulations should encourage
the development of professional office and similar uses and multiple family
housing, with development and design standards carefully drawn to ensure
preservation of a quality living environment in adjacent neighborhoods.
LU-63 Residential arterials having good potential for long term maintenance of a quality
living environment should be protected from the intrusion of commercial uses. In
some instances, these may be appropriate locations for churches and other
religious institutions, or moderate density multiple family uses.
LU-64 Newly developed arterials shall incorporate design features, and development of
adjacent land shall be managed such that creation of new commercial strips is
avoided. Land division regulations shall result in single family residences being
oriented away from the arterial, with access provided by a non-arterial street.
LU-65 Along the Auburn Way South Corridor, employment and population growth
should be limited to north of the R Street SE overpass.
LU-66 The City should develop design standards and guidelines for development along
arterials to improve their visual appearance.
While the property that is the subject of this request is not specifically identified as a
location targeted for commercial development by the language of the policies and
objectives, it is located at the intersection of major streets and separated from adjacent
residential zoned property by the utility transmission corridor, storm pond and wetlands.
Consistent with this discussion in the Comprehensive Plan, the subject property is
adjacent to a highly visible transportation corridor that forms a visual identity for the city.
The property is sufficiently separated from single family residential uses and not likely to
contribute to undesirable strip commercial. Future driveway access to the Pierce County
roadway of 182nd Avenue East will require careful coordination with Pierce County
Transportation, as the jurisdiction that owns the road. The coordination will occur during
construction authorizations. Concern about sufficient driveway separation from the
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 10 of 12
intersection for safety was previously identified by Pierce County in their SEPA decision
(Mitigated Determination of Non-Significance).
2. Any changes or modifications to a rezone request made by either the Hearing
Examiner or City Council will not result in a more intense or larger zone than requested.
Staff Analysis: The requested rezone change is from “R5, Residential” to “C-1 Light
Commercial” zone. The staff recommendation for change is the same as the Applicant’s
proposal.
In addition, Washington case law has identified other criteria for rezone applications (see
Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since
the original zoning was established and the proposed rezone must bear a substantial
relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn.
App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially
changed since the original showing and that the rezone must bear a substantial relationship to
the public health, safety, morals or welfare; provided, that a showing of a change of
circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)
a. Conditions in the area must have changed since the original zoning was
established.
Staff Analysis: The rezone proposal implements the Comprehensive Plan land use
designation for the subject property. As mentioned under the Findings of Fact, a
comprehensive plan map amendment was processed at the end of 2016 and approved
by the City Council Ordinance No. 6632. The proposed rezone would adjust the zoning
of the property to correspond and be consistent with the comprehensive plan
designation. Showing of a change of circumstances has occurred is not required if a
rezone implements the Comprehensive Plan.
b. The proposed rezone must bear a substantial relationship to the general
welfare of the community.
Staff Analysis: Rezoning the subject property to “C-1 Light Commercial” will align the
zoning district to the comprehensive plan designation. As noted above, Chapter 3, Land
Use, and Chapter 14, The Comprehensive Plan Map’, the Comprehensive Plan
document provides various policies to meet community and growth management goals.
The zoning change and subsequent commercial development will benefit the community
and general welfare.
C. 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 with the following condition that were identified and made part of the Mitigated
Determination of Non-Significance (MDNS) File No. SEP15-0022.
1. Move the driveway location as far north as practical to maximize the separation from the
9th Street intersection. Ideally, this location would be about 350 feet north of the
intersection, such that it was located directly opposite the existing commercial approach
Agenda Subject: REZ14-0001 Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: January 6, 2017
Page 11 of 12
on the east side of 182nd Ave East. This location provides the best alternative for safe
and efficient site access.
It is recognized this driveway location may have impacts to the wetland and or wetland
buffer. If these impacts cannot be mitigated to the satisfaction of the jurisdiction, such
that the driveway cannot be moved to the suggested location of 350 feet north of the
intersection, then a driveway will be conditioned with the following requirements:
The County engineer shall reserve the right to restrict the driveway approach to
allow only right-in/right-out movements, such that left turn movements will be
prohibited. This may be enforced through signage and or the installation of traffic
curbing at the discretion of the County Engineer. (It is anticipated the driveway
will initially operate with full turning movement provisions; however, as
congestion and or safety issues arise, the turn restrictions may be imposed).
In order to accommodate the potential for the future turn restrictions, as well as to
improve the safety of the driveway, the project shall provide roadway illumination
along 182nd Ave East, extending from luminaries located at the signalized
intersection to approximately 350 feet north of the intersection. This illumination
shall be designed in accordance with requirements of the County Engineer to be
provided at the time of the illumination system design.
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
D. EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Completed Application Form (REZ14-0001) and materials
Exhibit 3 Vicinity Map
Exhibit 4 Zoning map showing the current and proposed zoning of the Property
Exhibit 5 2015 Aerial Photograph
Exhibit 6 Determination of Non-Significance (File No. SEP15-0022) July 19, 2016
Exhibit 7 Ordinance No. 6632 Approving related Comprehensive Plan Amendment, dated
December 5, 2016
Exhibit 8 Notice of Public Hearing
Exhibit 9 Affidavits of posting, mailing, and publication (3 documents)
1,504.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,504.7
Notes
CPA14-0002, Romart Inv. LLC
2015 Aerial Photograph
Parcel No. 0520101045
Legend
752.30
1:9,028
eGIS Planning
1in =752 ft
10/23/2016Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Auburn City Limits
Parcels
Street Centerlines
LA KE TAPPS PKWY SE
Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
¬Map ID: 4835Printed On: 08/20/13
Proposed Zoning Map Admendment (REZ14-0001)
0 40 80 120 160 200
FEET
LAK E TAPPS PK WY SE 182NDAVEE9TH ST E
Auburn City Limits
Parcels
C-1 LIGHT COMMERCIAL
LAKELAND HILLS SOUTH PUD
R-5
EXISTING
PROPOSED
752.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet752.3
Notes
CPA14-0002, Romart Inv. LLC
2015 Aerial Photograph
Legend
376.20
1:4,514
eGIS Planning
1in =376 ft
10/23/2016Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Auburn City Limits
Parcels
Street Centerlines
ORDINANCE NO. 6 6 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ADOPTING 2016 ANNUAL
COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS
PURSUANT TO THE PROVISIONS OF RCW CHAPTER
36.70A
WHEREAS, on August 18, 1986, the City Council of the City of Auburn adopted
a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the
location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995, the Auburn City Council adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth
Management Act; and
WHEREAS, on September 5, 1995, the Auburn City Council reaffirmed that
action by its adoption of Ordinance No. 4788; and
WHEREAS, on December 14, 2015, the Auburn City Council adopted an
updated Comprehensive Plan which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City by Ordinance No.
6584; and
WHEREAS, the City of Auburn published in the Seattle Times Newspaper an
advertisement that the City was accepting comprehensive plan amendment applications
and established a deadline for submittal of June 3, 2016; and
WHEREAS, the City of Auburn received privately-initiated map amendments in
previous years (File Nos. CPA14-0002 & CPA15-0002) however these applications
were not complete for processing; and
Ordinance No. 6632
November 30, 2016
Page 1
WHEREAS, the City of Auburn did not receive any privately-initiated map or
text/policy amendments for the year 2016 annual amendments; and
WHEREAS, the City of Auburn initiated one map amendment (CPA16-0002) and
five text/policy amendments (File No. CPA16-0001); and
WHEREAS, the Comprehensive Plan text/policy amendments were processed
by the Community Development & Public Works Department as proposed Year 2016
annual amendments to the City of Auburn Comprehensive Plan; and
WHEREAS, maintaining a current Capital Facilities Plan is required of the City in
order to meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the proposed Year 2016
Comprehensive Plan amendments were considered in accordance with procedures of
the State Environmental Policy Act (File No. SEP15-0022 (Romart LLC), SEP15-0016
Kana B. LLC), SEP16-0010 (City-initiated Text) & SEP16-0018 (City-initiated Map))
and were determined to have no environmental significance; and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth Management Services Division and other
State agencies for the 60-day review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of the hearings, the Auburn Planning Commission on
June 21, 2016 and on November 9, 2016, conducted public hearings on the proposed
amendments; and
WHEREAS, at the public hearings the Auburn City Planning Commission heard
and considered the public testimony and the evidence and exhibits presented to it; and
Ordinance No. 6632
November 30, 2016
Page 2
WHEREAS, the Auburn City Planning Commission thereafter made
recommendations to the City Council on the proposed Year 2016 annual
Comprehensive Plan map and text amendments; and
WHEREAS, on November 28, 2016, the Auburn City Council reviewed the
Planning Commission's recommendations to the City Council; and
WHEREAS, on December 5, 2016, the Auburn City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Application CPA14-0002, Romart Investments LLC Comprehensive
Plan Map Amendment, requesting a land use designation change from "Single Family
Residential" to "Light Commercial" for an approximately 2.27-acre parcel identified by
parcel number: 0520051045 is approved as set forth in Exhibit "A" attached hereto and
incorporated herein by reference. Council adopts both the Planning Commission's
November 9, 2016 recommendations, and the findings and conclusions outlined in the
October 19, 2016, staff report, both attached as Exhibit "B".
Section 2. Application CPA15-0002, Kana B. LLC Comprehensive Plan Map
Amendment, requesting a land use designation change from "Light Commercial" and
Heavy Commercial" to "Light Industrial" for two parcels totaling approximately 5.9
acres, identified by parcel numbers: 3121059036 and 3121059033 is approved as set
forth in Exhibit "C" attached hereto and incorporated herein by reference. Council
adopts both the Planning Commission's June 21, 2016 recommendations, and the
Ordinance No. 6632.
November 30, 2016
Page 3
findings and conclusions outlined in the June 9, 2016, staff report, both attached as
Exhibit "D".
Section 3. The 2016 Comprehensive Plan city-initiated Map Amendment
CPA16-0002) is adopted and approved as set forth in Exhibit "E" as attached hereto
and incorporated herein by reference. The City Clerk shall file Exhibit "E" along with
this Ordinance and keep them available for public inspection.
Section 4. The 2016 annual Comprehensive Plan city-initiated Text
Amendments (CPA16-0001), as set forth in Exhibit "F" attached hereto and
incorporated herein by reference, are adopted and approved. The City Clerk shall file
Exhibit "F" along with this Ordinance and keep them available for public inspection.
The full text of the Capital Facilities Plan of the City and the four school district's Capital
Facilities Plans are adopted with the City's Comprehensive Plan, copies of which shall
be on file with the Office of the City Clerk. The City Clerk shall file them along with this
Ordinance and keep them available for public inspection. Council adopts both the
Planning Commission's recommendations, dated November 9, 2016, and the Findings
and Conclusions outlined in the October20, 2016, staff report, attached as Exhibit "B".
Section 5. The 2016 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986, by Resolution No. 1703; and
adopted by Ordinance No. 4788 on September 5, 1995; and adopted December 14,
2015 by Ordinance No. 6584.
Section 6. The adopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive authority under the Washington State
Ordinance No. 6632
November 30, 2016
Page 4
Environmental Policy Act by the City's responsible environmental official in accordance
with RCW. 43.21 C.060.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any
reason held invalid or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
Section 8. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to include
incorporating into one document the adopted Comprehensive Plan map and text
amendments, attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit
E" and Exhibit "F" preparing and publishing the amended Comprehensive Plan.
INTRODUCED:
DEC -'5 2016
PASSED:
DEC - 5 2016
APPROVED: DEC - 5 2016
ATTEST: NANCY-BAC SS,Mayor
Daniele E. Daskam, City Clerk
APP- :VED AS TO FORM:
D. el B. HeCity ' ora,
Published: (Thant,....-,\,e, ,
Ordinance No. 6632
November 30, 2016
Page 5
Exhibit "A"
Colored Map as an excerpt of the City's Comprehensive Plan Map
showing a change from "Single Family Residential" to "Light
Commercial" for an approximately 2.2.7-acre parcel identified by
parcel number 0520051045 for Romart Investments LLC.
Please see "Comp. Plan Map Amendments CPA14-0002"tab
in the working binder).
Ordinance No. 6632
November 30, 2016.
Page 6
Exhibit "B"
Agenda bill/staff report dated October 19, 2016.
CPA14-0002, for a change from "Single Family Residential" to "Light
Commercial"for an approximately 2.27-acre parcel identified by parcel
number 0520051045 for Romart Investments LLC.
Ordinance No. 6632
November 30, 2016
Page 7
Exhibit "C"
Colored Map as an excerpt of the City's Comprehensive Plan Map
showing a change from "Light Commercial" and "Heavy
Commercial" to "Light Industrial" for two parcels totaling
approximately 5.9 acres, identified by parcel numbers:
3121059036 and 3121059033 for Kana B. LLC.
Please see "Comp. Plan Map Amendments CPA15-0002"tab
in the working binder)..
Ordinance No. 6632
November 30, 2016
Page 8
Exhibit "D"
Agenda bill/staff report dated June 9, 2016.
CPA 15-0002, for a change from "Light Commercial" and "Heavy
Commercial" to "Light Industrial" for two parcels totaling
approximately 5.9 acres, identified by parcel numbers:
3121059036 and 3121059033 for Kana B. LLC.
Ordinance No. 6632
November 30, 2016
Page 9
Exhibit E
Colored map as an excerpt of "Comprehensive Plan", showing the
change from "Light Industrial" and "Institutional" to "Heavy
Commercial" for three parcels identified by Parcel Nos.
2421049004, 2421049114 and 24210.49115.
Please see "Comp. Plan Map Arnendtnents" tab in the working binder)
Ordinance No. 6632
November 30, 2016
Page 10
Exhibit "F"
The Auburn, Dieringer, Federal Way, and Kent School District
Capital Facilities Plans
City of Auburn Capital Facilities Plan
See "Comp. Plan Policy/Text Amendments" tab in the working binder)
Ordinance No. 6632
November 30, 2016
Page 11
Exhibit 10
Romart Invesfinent, LLC
3919 Latona Ave. NESuite G1A
Seattle, WA 98105
January 15, 2017
Dustin Lawrence
Senior Planner
Planning and Development Department
25 West Main Street
Aubum, WA 98001-4998
Re: REZ14-0001
Parcel#0520051045
Hearing Examiner:
I am the major member of Romart Investment, LLC and have tieen involved with this parcel under
various names of ownership since 1963.
Originally this property was in Pierce County and over 12 years ago,an agreement was signed with a
developer to proceed to develop plans for a commercial building. This was done and Pierce county
issued a Conditional Commercial permit for tlie su6ject property. However,the Developer fraudulently
put liens on the property without our knowledge and the Bank repossessed. We went to court and got
the property back,but tiy the time we recoyered the property the permitsoon expired and Pierce would
not eztend. In tHe meantime,Auburn annexed the property but left Ehe eutension up to Pierce county
and the zoning tiecame RS under the city of Auburn: Therefore,our request for Commercial Zoning
The subject property is on the corner of l82nd Ave East and Lake Tapps Parkway is a heavily traveled
intersedion. Even prior to Lake Tapps Parkway kieing built,the property was deemed more suitable to
commercial use and not residential. Once tlie Parkway was built the intersection became even more
desirable for commercial zoning. After the Parkway was built in the early 2000 tMe Southwest comer of
the intersection, in Pierce county,was zoned commercial around 2008.The property on the Northeast
corner,and still in Pierce county, has been active commercial property for a very long time,soon after
182nd was made into a road and it continues togrow with more commercial aMivity. The Southeast
corner is a dike to Lake Tapps and is unbuildable for either commercial or residential.To the North along
182ntl and within Auburn, it is all commercial. One only needs to visit the intersection to realize it is only
suitable-for Commercial zoning and needs updating.
Romart Investment, LLC
Vemon E. Mahrt, Member
REZ14-0001
Exhibit 11
Tina_Kriss__
Subject: FW:Gomrnent on REZ14-0001 (Romart Rezone)
----Original Message-----
From: Bryan Anderson [mailto:bfyanlasbry@aol.com]
Sent;Tuesday,January 17,201'71:59 PM
To: Dustin Lawrenee<dlawrence@auburnwa.gov>
SubJect:Comment on R�Z14-0001(Romart Rezone)
Dear Mr. Lawrencec
I am a property owner across the street from the Romart property. My parcel number is 0520054069.
1 am in full support of the proposed rezons.When I requested a rezone of my property from Pierce County,a City o#
Auburn planner wrote to Pierce County stating that the c.orn�r of 182nd St. E,and lake Tapps Parkway is"not ideal"for
resfdential �se: I cannot ffnd a copy of the letter at this time.
My property is zoned "neighborhood center,"which ls a light commercial zoning.The proposed Auburn C-1 zoning
would be s{milar and complement my property's zoning. In addition,the Texaco gas statton and shopping center across
the street from the Romart property further swpports the compatibtl(ty of cammercial zoning with the Romart property.
I am not able to attend the public hearing this Wednesday due to a prfor comrnitment,or I would be gladto express my
full support of this r�zone in person.
Thank you for the opportunity to comment.
Sincerely,
Carolyn Anderson
P.O. Box 1731
Tacoma,WA 98401
(253)627-$825
i
REZ14-0001
Exhibit 12
Tina_ Kriss
Subject: FW: Romart rezone
From:Abbe Raige Sutton fmailto:abbepai�e@smail.caml
Sent:Tuesday,January 17,2017 4;01 PM
To:Dustin l.awrence<dlawrence@auburnwa.�ov> �
Subject: Fwd; Romart rezone
Begin forwarded message;
From: Abbe Selfridge<apselfrid�e cni,ieloud.com>
Date: January 16,2017 at 8:28:53 PM PST
To: dlawrencel'7a,auburnwa.�av
Subject: Romart rezone
Dear Dustin, �
My name is Abbe Selfridge and I am a community member who lives in the north lake tapps
estates neighborhood off of lake tapps parkway. I am writing in response to the rezoning
propasal. As a member of this community, we moved here for the balance of ecology,trees that
still xemain so i can walk my son in the struller and lalce tapps community amenities which are
plenty, Our communities charm is that it is in the trees,my coneern about this proposal_is that we
have so much vacant space and space for lease(dir�etly down tapps parkway in Lakeland--there ;
� is plenty of space to build)which currently sits empty,As I drive around aubuxn each day I see
so much empty space that simple sits and yet I see more building.. We have plenty of amenities
araund us, Lalceland,auburn, sumner,Bonney lake. We have a Texaco right across the street,we
do nat need any oommercial sites on this a�ea or homes. I would like to see us preserve the sma11
twa acres of trees that is here. To see tl�is small parcel of land built upan is disheartsning both
from a business sense and a neighborhood that prides itself in having some very sinall plots of
trees left. I fear for our urban wildlife when we are willing to tear down the trees for business we
do not need and that will likely sit for lease like so many others, It is sad that when our
community was built I sav�deer,bear and n�w I cannot imagine where they have had to move to,
I do hope you and the auburn planning committee will consider that auburn has enough building,
enough commercial space,enough drive throughs,Taco Bell's, gas stations and places to hang
out and buy beer. I would respect these inve�tmant companies we work with if they had interest
in sustainability and renewing and reviving buildings in aubwrn like the old mattress stora!
Instead of taking trees from us let's find companies to buy buildings that need rehabbing. That
would significantly improve Auburn. What this city needs is to preserve any places of forest that
we have left or perhaps consider creating largepark spaces?! That would be a breath of fresh air
around here in an area which appears to lose open space every day that passes.
Thank you
Abbe Selfridge
i
AGENDA BILL APPROVAL FORM
Agenda Subject REZ16-0002, GSA Zoning Map Amendment
(Rezone)
Date: January 11, 2017
Department: Comm. Dev. &
Public Works
Attachments: See listing below. Budget Impact: N/A
Administrative Recommendation: Hearing Examiner to conduct public hearing and
recommend to City Council approval of the GSA Zoning Map Amendment (Rezone) without
conditions.
APPLICANT: City of Auburn
Community Development & Public Works (CDPW)
25 West Main Street
Auburn, WA 98001
OWNER: Parcel No: 2421049004
United States
General Services Administration (GSA)
1303 C ST SW
Auburn, WA 98001
Parcel Nos: 2521049114 & 2521049115
City of Auburn
25 West Main St
Auburn, WA 98001
REQUEST: File No. REZ16-0002
Rezoning of three parcels totaling approximately 137.38 acres from “M1 Light
Industrial” and “M2 Heavy Industrial” to “C3 Heavy Commercial”.
LOCATION: The site is located along, and directly to the east of C ST SW and directly to the
south of 15th ST SW. The GSA site has a King County parcel number of
2421049004. The two City of Auburn sites have King County parcel numbers of
2521049114 and 2521049115. The site is within the southeast ¼ of Section 24,
T21N, R4E, WM and the northeast ¼ of Section 25, T21N, R4E.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: January 18, 2017 Item Number:
Exhibit 1
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 2 of 12
LOCATION & PARCEL:
The property is located directly to the east of C ST SW and
directly to the south of 15th ST SW , Parcel Nos. 2421049004,
2521049114, and 2521049115.
EXISTING ZONING:
Parcel Nos. 2421049004 & 2521049114 are zoned “M1 Light
Industrial”. Parcel No. 2521049115 is zoned “M2 Heavy
Industrial”.
EXISTING COMPREHENSIVE
PLAN DESIGNATION:
The site was designated as “Heavy Commercial“ by recent
Ordinance No. 6632, adopted December 5, 2016.
SEPA STATUS: The City conducted the environmental review under the State
Environmental Policy Act (SEPA) for City’s Map Amendment
(CPM #4). This resulted in a Determination of Non-
Significance (DNS) issued for the City-initiated Comprehensive
Plan Map Amendment on October 3, 2016 (City File # SEP16-
0018). The comment period ended October 18, 2016 and the
appeal period ended November 1, 2016. The City received no
comments or appeals.
The Comprehensive Plan designation, zoning classification and land uses of the site and
surrounding properties are as follows:
Comprehensive Plan
Designation
Zoning Classification
Current
Land Use
Parcel No.
2421049004 Heavy Commercial M1, Light Industrial Government offices,
warehouses, & daycare
Parcel Nos.
2521049114 &
2521049115
Heavy Commercial M1, Light Industrial
M2, Heavy Industrial
Satellite fire station & private
access road
North Institutional and Heavy
Industrial
P1, Public and M2,
Heavy Industrial Municipal Park & School
District Bus Center
South
Heavy Industrial M2, Heavy Industrial Airplane Manufacturing Plant
and Grocery Store
Distribution Center
East
Light Industrial
(Rail Yard Special
Planning Area)
M1, Light Industrial Across C ST SW, Railroad
yard
West Heavy Industrial M2, Heavy Industrial Airplane Manufacturing Plant
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 3 of 12
Vicinity Map
^ NORTH
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 4 of 12
A. FINDINGS
1. The related Comprehensive Plan map amendment for the properties, and the rezone
(zoning map amendment) were initiated by the City of Auburn prior to the application
deadline for the annual Comprehensive Plan amendments for 2016.
2. The applications were submitted by the City of Auburn, Community Development and Public
Works Department. The staff contact is Jeff Dixon, Planning Services Manager.
3. The zoning map amendment (rezone) application seeks to change the zoning classification
of three parcels totaling approximately 137.38 acres from “M1, Light Industrial” and “M2,
Heavy Industrial” to “C3, Heavy Commercial”.
4. The site of the proposed action (Site) consists of three parcels; Parcel No. 2421049004
(GSA) is owned by the United States government. Parcel Nos. 2521049114 & 2521049115
are owned by the City of Auburn, the applicant.
5. The Site requested for change is generally rectangular in shape, with the southerly portion
being irregular in shape.
6. The GSA portion of the Site contains a mix of uses, including government offices,
warehouses, and daycare. The City of Auburn portion of the Site contains a satellite fire
station and a private access road leading from the public street (C ST SW) to the fire station.
7. The east side of the Site is bordered by C Street Southwest, which is a two to four-lane
north-south roadway and classified by the City of Auburn as a “Minor Arterial”. C Street
Southwest contains curb and gutter, with sidewalk located along the west side of the street.
The north side of the Site is bounded by 15th Street Southwest, which is a four-lane east-
west roadway and classified by the City of Auburn as a “Principal Arterial”. 15th Street
Southwest contains curb, gutter, and sidewalk on both sides of the street. There are no
public right-of-ways to the south and west of the Site.
8. The purpose of the rezone is in anticipation of the US Government, General Services
Administration’s (GSA’s) intent to reconfigure their current facility, which is anticipated to
result in a reduced need for land and the possible sale of a portion of the Site.
The City is proposing the change in zoning; GSA and/or the U.S. Government is not
proposing the change. The City is proposing the change in anticipation of the U.S.
Government disposing of land so that the City can promote redevelopment that generates
sales tax revenues, family wage jobs, and promote economic development. The range of
uses allowed in the “C3 Heavy Commercial Zone” are better suited to accomplish these
goals than the current zoning designations. Because land use designation changes of the
Comprehensive Plan are limited under State and City laws to once per year, staff is seeking
the change now because Comprehensive Plan Amendments changing the sites land use
designations was recently adopted and the annual amendment process does not allow us
the City to respond quickly in the event that U.S. Government initiates the disposal process.
The U.S. Government has not provided the City with a long term development or
redevelopment plan. The GSA has indicated that to maintain their mission of service
delivery for the region, they plan to continue at their current location at this time. GSA has
also indicated its land use needs will likely change, resulting in a reduction of land/space.
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 5 of 12
Staff has notified the U.S. Government and specifically, the Project Management Branch of
GSA, of its intentions to a zoning designation change. The U.S. Government has not
indicated that they have objection or concern over the change so long as the underlying
designation can also serve their long-term needs in the event that it is determined that they
are obligated to comply with local land use regulations. The U.S. Government has indicated
that they are supportive of local efforts that promote economic development and that create
jobs and that they would like to be viewed as a partner in accomplishing these objective.
9. The City conducted the environmental review under the State Environmental Policy Act
(SEPA) for City’s Map Amendment (CPM #4). This resulted in a Determination of Non-
Significance (DNS) issued for the City-initiated Comprehensive Plan Map Amendment on
October 3, 2016 (City File # SEP16-0018). The comment period ended October 18, 2016
and the appeal period ended November 1, 2016. The City received no comments or
appeals.
History of Subject Property
10. The property is located within the King County portion of the City of Auburn. It was annexed
to the City in 1958 by Ordinance No. 1226.
11. Historically, the comprehensive plan designation of the properties was “Heavy Industrial” as
changed in 1987. Subsequently, the GSA property was changed to “Light Industrial”. The
two City properties were changed to “Institutional” by the map adopted with the substantially
revised Comprehensive Plan (including map amendments) in response to periodic updates
required by the Growth Management Act (GMA) by Ordinance No. 6584 on December 14,
2015.
12. During 2015, the Applicant, the City of Auburn, submitted three related applications as
follows:
a. Application for a Comprehensive Plan amendment to change the Site’s land use
designation established in the Comprehensive Plan from “Institutional” and “Light
Industrial” to “Heavy Commercial”.
b. Environmental Checklist (SEPA) Application for the proposed Comprehensive Plan
amendment and associated rezone.
c. Application for a rezone to change the zoning designations of the Site from “M1 Light
Industrial” and “M2 Heavy Industrial” to “C3 Heavy Commercial”.
Relationship of Comprehensive Plan Amendment and Rezone Processing
13. At its November 9, 2016 public hearing, the Planning Commission reviewed the related
Comprehensive Plan map amendment (File No. CPA16-0002, City of Auburn) to change the
Comprehensive Plan map designation of the Site from “Institutional” and “Light Industrial” to
“Heavy Commercial”. The Planning Commission forwarded a recommendation for approval
to the City Council.
14. At its November 28, 2016 meeting, the City Council reviewed the Comprehensive Plan
amendments and draft Ordinance No. 6632, as recommended by the Planning Commission.
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 6 of 12
On December 5, 2016 the City council approved Ordinance No. 6632 approving the change
in comprehensive plan designation of the Site to “Heavy Commercial”.
15. Pursuant to ACC 18.68.030 and ACC 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 2.46.130.
This Application is consistent with the Comprehensive Plan, as outlined below in the
‘Conclusions’ section, below.
16. Pursuant to ACC 18.68.040, “(Zoning code amendments) Public hearing notice
requirements”. Rezones Initiated by an Applicant Other Than City shall require public notice
be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040.
A Public Hearing Notice was issued and published in the Seattle Times on January 5, 2017;
this notice was mailed to the property owners within 300 feet of the subject Site, and posted
on the subject property meeting the notification requirements.
17. Per ACC 18.23.020, the stated intent of the “C-3 Heavy Commercial” zoning district is to:
“. . . allow for medium to high intensity uses consisting of a wide range of retail,
commercial, entertainment, office, services, and professional uses. This zone is intended
to accommodate uses which are oriented to automobiles either as a mode or target of
the commercial service while fostering a pedestrian orientation. The uses allowed can
include outside activities, display, fabrication or service features when not the
predominant portion of the use. The uses enumerated in this classification have potential
for impacts to surrounding properties and street systems than those uses permitted in
the more restrictive commercial classifications.”
18. As identified in ACC 18.23,020 and -030, the “C-3 Heavy Commercial” zoning classification
allows a range of commercial uses. The development standards of the zone are contained
in ACC 18.23.040.
B. CONCLUSIONS:
ACC Chapter 18.68 provides few criteria for approval of a rezone. Following is a staff
analysis of the requested application with the criteria.
1. The rezone must be consistent with the Comprehensive Plan.
Staff analysis: The purpose of the City’s Comprehensive Plan document is to provide a
policy basis for the future zoning changes to ensure that the Comprehensive Plan and
Zoning Ordinance are consistent as required by the following city code section:
“ACC 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
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 7 of 12
Comprehensive Plan. Capital budget decisions shall be made in conformity with the
Comprehensive Plan.”
On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change
in comprehensive plan designation from “Institutional” and “Light Industrial” comprehensive
plan designations to the “Heavy Commercial” comprehensive plan designation as part of
“annual amendments”.
. The 2015 Comprehensive Plan contains policy guidance related to this application.
Specifically, the Land Use Element at Page 14, provides the following description and
policies of the ‘Heavy Commercial’ Comprehensive Plan designation:
“Heavy Commercial”
“Description - This category is intended to accommodate uses that would also
accommodate a wide range of heavier commercial uses involving extensive storage or
vehicular movement.”
“Designation Criteria
1. Previously developed heavy commercial areas; or
2. Located along major arterial streets;
3. Properties that are buffered from the Single Family designation by landscaping,
environmental features, or the Residential Transition designation and buffered from
all other Residential designations; and
4. Meets the development parameters of the Heavy Commercial designation.
Implementing Zoning Designations”
“Heavy Commercial: All Heavy Commercial designated land not located within the
Northeast Auburn Special Planning Area or located within the Northeast Auburn Special
Planning Area, but incapable of meeting the C-MU zoning requirements.”
“Policies
Policy LU-69. A wide variety of commercial services oriented are appropriate within this
category. This includes, but is not limited to regional scale retail and entertainment
uses, commercial uses with outdoor sales areas, drive-in restaurant or other drive in
commercial businesses, and commercial services with outdoor storage as an accessory
use.”
“Policy LU-70. Parking lots must be located and designed in a manner that softens their
appearance from adjacent public roads. This is accomplished through landscaping,
pedestrian spaces, and the location of buildings on the property. Where practicable, low
impact development techniques and landscaping should be used to promote on site
stormwater infiltration and shading of hard surfaces. Minimum and maximum parking
ratios must be established for each type of permitted use.”
“Policy LU-71. Development incentives should be established that encourage the
creation of electric car charging stations, use of sustainable building and/or operational
practices, development of non-motorized infrastructure, and proximity and connection to
public transit.”
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 8 of 12
Also, the City’s Economic Development Element of the Comprehensive Plan, at Page 4
contains relevant goals and policies, as follows:
“GOAL 17. ECONOMIC DEVELOPMENT
“To ensure the long-term economic health of the City and the region through a
diversified economic base that supports a wide range of employment opportunities for
Auburn's residents and those of the region and through the promotion of quality
industrial and commercial development which matches the aspirations of the community.
“Objective 9.1. Promote a diversified economic base capable of withstanding changes in
interest rates, inflation, tax structure and market conditions.”
“ED-1 City promotion of new industry shall be directed at attracting business that
diversifies the City’s tax base, offers secure, quality employment opportunities, is
sensitive to community values and promotes the development of attractive facilities.”
“Objective 9.2. Produce commercial and industrial siting policies which are based on the
assessment of local needs and the availability of transportation and other infrastructure
required to serve it.”
“ED-4 Development of industrial areas should be based on performance standards
appropriate for the site and with appropriate flexibility within those standards to
accommodate changing market conditions.”
“ED-5 Revitalize depreciated and/or obsolete commercial and industrial sites through
innovative regulations that redesign the site in accordance with modern design
standards and industrial/commercial uses.”
“ED-6 Uses which serve regional needs and purposes (such as major industrial plants)
must be separated from community serving uses in order to minimize traffic and other
conflicts.”
“Objective 9.3. Develop effective land use polices and economic development strategies
that provide long-term and stable employment, increase per capita income and reduce
the tax burden of Auburn residents.”
“ED-15 Warehouse and distribution land uses are not a preferred long-term economic
development and land use priority for industrial zoned areas in the City due to the loss of
sales tax revenue associated with the State’s implementation of streamlined sales tax
legislation in 2008, no substantive contribution to an increase in per capita income for
Auburn residents, no reduction in the tax burden of Auburn residents, low employment
densities, lower property values and land use inefficiencies.”
“ED-16 Increases in manufacturing and industrial land uses should be the City’s
preferred economic development and land use priority for industrial zoned areas of the
City currently dominated by warehouse and distribution land uses. The City should
promote and incentivize new manufacturing and light industrial uses and the gradual
conversion of existing warehouse and distribution land uses to manufacturing and
industrial land uses.”
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 9 of 12
“ED-17 To support continued sales tax revenue growth opportunities in the City, those
areas currently dominated by existing and warehouse land uses that abut existing
commercial retail areas and could take advantage of this proximity to realize substantive
value by changing to commercial retail uses should be considered for changes in
comprehensive plan and zoning designations that would facilitate the conversion of
these properties to commercial retail land uses.”
“ED-19 Support workforce development programs to help all Auburn residents find
stable, well-paying employment in a wide range of industries.”
“Objective 9.5 Utilize the City’s unique environmental opportunities and planned
infrastructure to build on and support economic development efforts.”
The change is consistent with the description statement since it diversifies the range of
uses that can be allowed on the Site. The range of uses allowed in the Heavy
Commercial zone are characterized by a greater variety of commercial businesses
including retail and service. The Site is served by existing arterial streets and separated
from residential uses by the rail yard.
2. Any changes or modifications to a rezone request made by either the Hearing
Examiner or City Council will not result in a more intense or larger zone than requested.
Staff Analysis: The requested rezone change is from “M-1 Light Industrial” and “M-2 Heavy
Industrial” to “C-3 Heavy Commercial” zone. The staff recommendation for change is the same
as what was originally applied for.
In addition, Washington case law has identified other criteria for rezone applications (See
Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since
the original zoning was established and the proposed rezone must bear a substantial
relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn.
App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially
changed since the original showing and that the rezone must bear a substantial relationship to
the public health, safety, morals or welfare; provided, that a showing of a change of
circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)
a. Conditions in the area must have changed since the original zoning was
established.
Staff Analysis: The rezone proposal implements the Comprehensive Plan land use
designation for the subject Site. As mentioned under the Findings of Fact, a
comprehensive plan map amendment changing the Comprehensive Plan designation of
the Site to “Heavy Commercial” was processed at the end of 2016 and approved by the
City Council, Ordinance No. 6632. The proposed rezone would adjust the zoning of the
Site to correspond and be consistent with the Comprehensive Plan designation.
Showing of a change of circumstances has occurred is not required if a rezone
implements the Comprehensive Plan.
b. The proposed rezone must bear a substantial relationship to the general
welfare of the community.
Agenda Subject: REZ16-0002 GSA and City of Auburn
Zoning Map Amendment (Rezone)
Date: January 11, 2017
Page 10 of 12
Staff Analysis: Rezoning the subject Site to “C-3 Heavy Commercial” will align the
zoning district to the comprehensive plan designation. As noted above, the
Comprehensive Plan document provides various policies to meet community and growth
management goals. The zoning change and subsequent redevelopment will benefit the
community and general welfare.
C. 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 with no conditions.
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
D. EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map / 2015 Aerial Photograph
Exhibit 3 Zoning map showing the current and proposed zoning
Exhibit 4 Determination of Non-Significance (File No. SEP16-0018), dated April 18, 2016
Exhibit 5 Ordinance No. 6632 Approving related Comprehensive Plan Amendment, dated
December 5, 2016
Exhibit 6 Notice of Public Hearing document
Exhibit 7 Affidavits of posting, mailing, and publication (3 documents)
3,009.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet3,009.3
Notes
CPA16-0002 City-Initiated
2015 Aerial Photograph
242104-9004, -9114 & -9115
Legend
1,504.70
1:18,056
eGIS Planning
1in =1,505 ft
10/23/2016Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Auburn City Limits
Parcels
F ST SEC ST SE17TH ST SE
14TH ST SE
GPLSEB ST SED ST SE26TH ST SE
H ST SEELM LN SE
21ST ST SE
23RD ST SE
24TH ST SE
C PL SE
17TH CT SE
HSTSEJ
CTSEESTSE31ST LN S E
26TH ST SEF CT SE19TH ST SE
27TH ST SE
16TH ST SE
K ST SEH ST SEG ST SEH ST SEDPLSED ST SEB ST SE31ST ST SE
23RD PL
SE15TH ST SE
24TH ST SE
18TH ST SE
20TH ST SE
19TH ST SE
13TH ST SE
14TH ST SE
24TH ST SE
CEDAR DR SE
22ND ST SE
27TH ST SE
25TH ST SE
28TH ST SE
27TH ST SE
28TH ST SE
BIRCH LN SE28TH ST SE
DOGWOOD LN SEJ ST SEF ST SEG ST SEH ST SE23RD ST SE
SKYLARKVILL A G E RD SEEAST BLVDPACIFICAVESCPLSEGSTSED ST SED ST SE26TH PL SEK ST SELSTSEH ST SEC ST SEC
S
T
S
ELSTSED ST SE21 ST
PLSEC ST SEI ST SEH ST SEASPEN LN SEPERIMETER RD SWBOUNDARY BLVD SW
ASTSE15TH ST SW A
UBU
R
N
W
AY S
C ST SWINDUSTRYDRSW29TH ST SEO ST SWInformation shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
¬Map ID: 4838Printed On: 08/20/13
Proposed Rezone Map (REZ16-0002)
0 260 520 780 1,040 1,300
FEETF ST SEC ST SE17TH ST SE
GPLSE14TH ST SE
B ST SED ST SE26TH ST SE
H ST SEELM LN SE
21ST ST SE
23RD ST SE
24TH ST SE
C PL SE
17TH CT SE
HSTSEJ
CTSEESTSE31ST LN S EF CT SE19TH ST SE
16TH ST SE
K ST SEH ST SEG ST SED ST SEH ST SEDPLSEB ST SE31ST ST SE
18TH ST SE
19TH ST SE
20TH ST SE
23RD PL
SE25TH ST SE
15TH ST SE
24TH ST SE
13TH ST SE
14TH ST SE
24TH ST SE
CEDAR DR SE
22ND ST SE
27TH ST SE
28TH ST SE
27TH ST SE
28TH ST SE
BIRCH LN SE28TH ST SE
DOGWOOD LN SEJ ST SESKYLARK VILLAG E RD SEF ST SEG ST SEH ST SE23RD ST SE
EAST BLVDPACIFICAVESCPLSEGSTSED ST SED ST SE26TH PL SEK ST SELSTSEH ST SEC ST SEC
S
T
S
ED ST SEC ST SE21ST
PLSEI ST SEH ST SEASPEN LN SEPERIMETER RD SWASTSEA
U
B
U
R
N
W
AY S
29TH ST SEC ST SWBOUNDARY BLVD SW
15TH ST SW
INDUSTRYDRSWO ST SWAuburn City Limits
Parcels
C1 Light Commercial District
C3 Heavy Commercial District
I Institutional Use District
M1 Light Industrial District
M2 Heavy Industrial District
P1 Public Use District
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
R10 Residential 10 DU/Acre
R20 Residential 20 DU/Acre
RMHC Residential Manufactured/Mobile Home Units
EXISTING
PROPOSED
ORDINANCE NO. 6 6 3 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ADOPTING 2016 ANNUAL
COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS
PURSUANT TO THE PROVISIONS OF RCW CHAPTER
36.70A
WHEREAS, on August 18, 1986, the City Council of the City of Auburn adopted
a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the
location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995, the Auburn City Council adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth
Management Act; and
WHEREAS, on September 5, 1995, the Auburn City Council reaffirmed that
action by its adoption of Ordinance No. 4788; and
WHEREAS, on December 14, 2015, the Auburn City Council adopted an
updated Comprehensive Plan which includes a Map establishing the location of the
Comprehensive Plan Land Use Designations throughout the City by Ordinance No.
6584; and
WHEREAS, the City of Auburn published in the Seattle Times Newspaper an
advertisement that the City was accepting comprehensive plan amendment applications
and established a deadline for submittal of June 3, 2016; and
WHEREAS, the City of Auburn received privately-initiated map amendments in
previous years (File Nos. CPA14-0002 & CPA15-0002) however these applications
were not complete for processing; and
Ordinance No. 6632
November 30, 2016
Page 1
WHEREAS, the City of Auburn did not receive any privately-initiated map or
text/policy amendments for the year 2016 annual amendments; and
WHEREAS, the City of Auburn initiated one map amendment (CPA16-0002) and
five text/policy amendments (File No. CPA16-0001); and
WHEREAS, the Comprehensive Plan text/policy amendments were processed
by the Community Development & Public Works Department as proposed Year 2016
annual amendments to the City of Auburn Comprehensive Plan; and
WHEREAS, maintaining a current Capital Facilities Plan is required of the City in
order to meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the proposed Year 2016
Comprehensive Plan amendments were considered in accordance with procedures of
the State Environmental Policy Act (File No. SEP15-0022 (Romart LLC), SEP15-0016
Kana B. LLC), SEP16-0010 (City-initiated Text) & SEP16-0018 (City-initiated Map))
and were determined to have no environmental significance; and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth Management Services Division and other
State agencies for the 60-day review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of the hearings, the Auburn Planning Commission on
June 21, 2016 and on November 9, 2016, conducted public hearings on the proposed
amendments; and
WHEREAS, at the public hearings the Auburn City Planning Commission heard
and considered the public testimony and the evidence and exhibits presented to it; and
Ordinance No. 6632
November 30, 2016
Page 2
WHEREAS, the Auburn City Planning Commission thereafter made
recommendations to the City Council on the proposed Year 2016 annual
Comprehensive Plan map and text amendments; and
WHEREAS, on November 28, 2016, the Auburn City Council reviewed the
Planning Commission's recommendations to the City Council; and
WHEREAS, on December 5, 2016, the Auburn City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Application CPA14-0002, Romart Investments LLC Comprehensive
Plan Map Amendment, requesting a land use designation change from "Single Family
Residential" to "Light Commercial" for an approximately 2.27-acre parcel identified by
parcel number: 0520051045 is approved as set forth in Exhibit "A" attached hereto and
incorporated herein by reference. Council adopts both the Planning Commission's
November 9, 2016 recommendations, and the findings and conclusions outlined in the
October 19, 2016, staff report, both attached as Exhibit "B".
Section 2. Application CPA15-0002, Kana B. LLC Comprehensive Plan Map
Amendment, requesting a land use designation change from "Light Commercial" and
Heavy Commercial" to "Light Industrial" for two parcels totaling approximately 5.9
acres, identified by parcel numbers: 3121059036 and 3121059033 is approved as set
forth in Exhibit "C" attached hereto and incorporated herein by reference. Council
adopts both the Planning Commission's June 21, 2016 recommendations, and the
Ordinance No. 6632.
November 30, 2016
Page 3
findings and conclusions outlined in the June 9, 2016, staff report, both attached as
Exhibit "D".
Section 3. The 2016 Comprehensive Plan city-initiated Map Amendment
CPA16-0002) is adopted and approved as set forth in Exhibit "E" as attached hereto
and incorporated herein by reference. The City Clerk shall file Exhibit "E" along with
this Ordinance and keep them available for public inspection.
Section 4. The 2016 annual Comprehensive Plan city-initiated Text
Amendments (CPA16-0001), as set forth in Exhibit "F" attached hereto and
incorporated herein by reference, are adopted and approved. The City Clerk shall file
Exhibit "F" along with this Ordinance and keep them available for public inspection.
The full text of the Capital Facilities Plan of the City and the four school district's Capital
Facilities Plans are adopted with the City's Comprehensive Plan, copies of which shall
be on file with the Office of the City Clerk. The City Clerk shall file them along with this
Ordinance and keep them available for public inspection. Council adopts both the
Planning Commission's recommendations, dated November 9, 2016, and the Findings
and Conclusions outlined in the October20, 2016, staff report, attached as Exhibit "B".
Section 5. The 2016 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986, by Resolution No. 1703; and
adopted by Ordinance No. 4788 on September 5, 1995; and adopted December 14,
2015 by Ordinance No. 6584.
Section 6. The adopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive authority under the Washington State
Ordinance No. 6632
November 30, 2016
Page 4
Environmental Policy Act by the City's responsible environmental official in accordance
with RCW. 43.21 C.060.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any
reason held invalid or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
Section 8. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to include
incorporating into one document the adopted Comprehensive Plan map and text
amendments, attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit
E" and Exhibit "F" preparing and publishing the amended Comprehensive Plan.
INTRODUCED:
DEC -'5 2016
PASSED:
DEC - 5 2016
APPROVED: DEC - 5 2016
ATTEST: NANCY-BAC SS,Mayor
Daniele E. Daskam, City Clerk
APP- :VED AS TO FORM:
D. el B. HeCity ' ora,
Published: (Thant,....-,\,e, ,
Ordinance No. 6632
November 30, 2016
Page 5
Exhibit "A"
Colored Map as an excerpt of the City's Comprehensive Plan Map
showing a change from "Single Family Residential" to "Light
Commercial" for an approximately 2.2.7-acre parcel identified by
parcel number 0520051045 for Romart Investments LLC.
Please see "Comp. Plan Map Amendments CPA14-0002"tab
in the working binder).
Ordinance No. 6632
November 30, 2016.
Page 6
Exhibit "B"
Agenda bill/staff report dated October 19, 2016.
CPA14-0002, for a change from "Single Family Residential" to "Light
Commercial"for an approximately 2.27-acre parcel identified by parcel
number 0520051045 for Romart Investments LLC.
Ordinance No. 6632
November 30, 2016
Page 7
Exhibit "C"
Colored Map as an excerpt of the City's Comprehensive Plan Map
showing a change from "Light Commercial" and "Heavy
Commercial" to "Light Industrial" for two parcels totaling
approximately 5.9 acres, identified by parcel numbers:
3121059036 and 3121059033 for Kana B. LLC.
Please see "Comp. Plan Map Amendments CPA15-0002"tab
in the working binder)..
Ordinance No. 6632
November 30, 2016
Page 8
Exhibit "D"
Agenda bill/staff report dated June 9, 2016.
CPA 15-0002, for a change from "Light Commercial" and "Heavy
Commercial" to "Light Industrial" for two parcels totaling
approximately 5.9 acres, identified by parcel numbers:
3121059036 and 3121059033 for Kana B. LLC.
Ordinance No. 6632
November 30, 2016
Page 9
Exhibit E
Colored map as an excerpt of "Comprehensive Plan", showing the
change from "Light Industrial" and "Institutional" to "Heavy
Commercial" for three parcels identified by Parcel Nos.
2421049004, 2421049114 and 24210.49115.
Please see "Comp. Plan Map Arnendtnents" tab in the working binder)
Ordinance No. 6632
November 30, 2016
Page 10
Exhibit "F"
The Auburn, Dieringer, Federal Way, and Kent School District
Capital Facilities Plans
City of Auburn Capital Facilities Plan
See "Comp. Plan Policy/Text Amendments" tab in the working binder)
Ordinance No. 6632
November 30, 2016
Page 11