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6067
ORDINANCE NO. 6 0 6 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PLANNING; ADOPTING ZONING MAP AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS ACCORDINGLY WHEREAS, the City of Auburn on August 18, 1986 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 City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Comprehensive Plan map and text amendments were processed by the Planning, Building, and Community Department as proposed Year 2006 amendments to the City of Auburn Comprehensive Plan and the City of Auburn adopted the 2006 Comprehensive Plan amendments on November 20, 2006 by Ordinance No. 6064; and WHEREAS, the environmental impacts of the Year 2006 Comprehensive Plan amendments were considered in accordance with procedures of the State Environmental Policy Act; and -------------------------- Ordinance No. 6067 December 6, 2006 Page 1 WHEREAS, the environmental impacts of the 2006 Zoning Map amendments were considered in accordance with the procedures of the State Environmental Policy Act; and WHEREAS, the proposed amendments were transmitted to the Washington State Office of Community Development and other State agencies for the 60 day review period in accordance with RCW 36.70A.106; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission on November 8, 2006 conducted public hearings on the proposed Zoning Map amendments; and WHEREAS, at the public hearing the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the Auburn City Planning Commission made recommendations to the City Council on the proposed 2006 Zoning Map amendments; and WHEREAS, on December 11, 2006 the Planning and Community Development Committee of the Auburn City Council reviewed the Planning Commission's recommendations and made a recommendation to the City Council; and WHEREAS, on December 18, 2006, the Auburn City Council considered the proposed Zoning Map amendments as recommended by the City of Auburn Planning Commission; and -------------------------- Ordinance No. 6067 December 6, 2006 Page 2 WHEREAS, several amendments are for city owned properties changing to a Public Use zone; and WHEREAS, in 2005 the City of Auburn brought together a focus group of diverse business and community interests that identified several economic development areas within the City. The focus group's effort is reflected in an Economic Development Strategies document that includes strategies and actions needed to affect necessary change for specific strategy areas within the City as adopted by Resolution No. 3944 by the City Council. Implementation of these strategies is intended to enable the City to achieve the City's economic development potential. Implementation of actions and strategies in the Economic Development Strategies is appropriate and reflected in various proposed amendments to various chapters; and WHEREAS, the North End Strategy Area calls for enhancing Emerald Downs Drive with commercial and industrial uses such as restaurants to capitalize on daytime volumes, and the I Street Corridor strategy also calls for enhancing the daytime population with commercial uses such as lunch cafes; and WHEREAS, the 15th Street SW and C Street SW strategy areas calls for designating both sides of 15th Street SW as commercial and focus on the C Street SW and 8th Street SW vicinity as a redevelopment area with productive uses; and WHEREAS, the A Street SE Corridor Strategy area calls for enhancing the economic vitality of A Street SE by recognizing A Street SE is a high volume traffic corridor and additional traffic should not be used as a rationale to preclude -------------------------- Ordinance No. 6067 December 6, 2006 Page 3 development, and the logistics of implementation calls for the change of industrial properties to commercial while protecting the area's interior residential neighborhoods; and WHEREAS, the AEP Green Zone Strategy area calls for preparation of a second .phase to take more densely developed but underutilized areas adjacent to AEP Greenbelt Strategy Area; and WHEREAS, on June 19, 2006 the City of Auburn City Council adopted Resolution No. 4049, Vision 2016, which outlines numerous goals of the City Council to accomplish over the next ten years; and WHEREAS, the Puget Sound region has seen an increasing trend toward the commercialization of industrially zoned areas to respond to changing needs of the public. Renton, Kent, Tukwila and Federal Way are just a few of the areas that have seen the demand for commercial uses lead to rezoning of industrial land. This trend has become increasingly pronounced in the south King County area. Certain proposed amendments respond to this trend by amending industrially designated properties to commercial, especially along major city transportation corridors; and WHEREAS, in the coming years, pressure will be escalating to rezone industrial land and encourage commercial mixed-use development, and changing comprehensive plan land use designations to commercial for the proposed areas prepares Auburn for this trend by planning for the next ten to twenty years; and WHEREAS, the City is endeavoring to anticipate such changes as reflected in the Vision for the community, rather than reacting to market trends; and -------------------------- Ordinance No. 6067 December 6, 2006 Page 4 WHEREAS, the City of Auburn does not have a designated manufacturing/industrial center per the King County Countywide Planning Policies; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The 2006 Zoning Map Amendments, Exhibit A, are herewith adopted and approved and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendments are herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW. 43.21 C.060. Section 3. The Findings and Conclusions, Exhibit B, outlined in the Agenda Bill are herewith adopted and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 4. The WHEREAS statements outlined in this ordinance are herewith adopted as findings and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such -------------------------- Ordinance No. 6067 December 6, 2006 Page 5 portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. 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" and preparing and publishing the amended Comprehensive Plan. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: DEC ~, R 20(16 PASSED: DEC 1 8 2006 APPrRO~ED: /" DEC 1 ~8 10,06 Peter ~. Lewis MAYOR ATTEST: x~ ry r--/~~. Dan elle E. Daskam, City Clerk -------------------------- Ordinance No. 6067 December 6, 2006 Page 6 APPROVED AS TO FORM: Ordinance No. 6067 December 6, 2006 Page 7 Published: \ }~c_ `Z2- ~~ ~©,~, N 2006 PROPOSED t_, ~,- ~„ COMPREHENSIVE ~~ ~~~~J i iNCU e~w~~s goo tie r - „~~~o: ~»~~ ZONING AMENDMENT AREA A v, ns H i ~ cTO~. ~RMTED Off` ~Ull /~?006 Q CITY LIMITS ~ C3 HEAVY COMMERCIAL DISTRICT ~"° Ml LIGHT INDUSTRIAL DISTRICT EXISTING ZONING ~ BP BUSINESS PARK ~ M2 HEAVY INDUSTRIAL DISTRICT PROPOSED AREA CHANGE 2006 PROPOSED <~~~~~~ I INCiI EQUALS a00 FEET COMPREHENSIVE ~(~J~~J~~N Mnrlur. I}in ZONING AMENDMENT AREA B w,n~HiNCTON I'R INT ED ON. 10/ I lr? 00( t i F Y Q CITY LIMITS ~ C3 HEAVY COMMERCIAL DISTRICT ~ M2 HEAVY INDUSTRIAL DISTRICT EXISTING ZONING ' Ml LIGHT INDUSTRIAL DISTRICT ~ Pl PUBLIC USE DISTRICT PROPOSED AREA CHANGE 2006 PROPOSED * , COMPREHENSIVE ~1.~.~- I INCiI EQUALS 1000 FE ET h,APID,; IJJI ZONING AMENDMENT AREA C ~~+nsNlNCTOn~ PR MTED ON 0')/2tlr~UU6 `E cue + I'•TII STSE " / n li7'H STSE `-~ ..__., ~ .. '. ISTH STSE ~n ~ ~ L ~ - -_ ~ r_ y 7lTH AVE=N-= r Q .~/ i ~y~ - ~aTiiAV ,.~ ~~~` -~ ~~°~~ 70.7 H, AYEI~=-- -- - w~ a ~~~. _~ -'- _. _.- w __-- sTHav~ a . w-_ -... 5 -.. ~ MH AVEN- ._ _ -_~ _. I ~~. c. _ ~ '. - 7iH AVEN _. '_-_ _- _I_ - i ' .! I . ~ _ m BROADNAY - ~ >. ~ 7f/ 6TH AVEN y / 5 O ~ ' ~ iTH AVEN U y Z 1 U 11 I w iTII AVEN -- v r ~w ,ND nvE N ~ 111 w e ___-- j 1ST AVEN 4 i.t ' ^+~L N A Y till' a 4 F i I ~ IITII AVF,N Q ~ ~ yN a - IOTH AVE N _``aOV . .10TH A\+EN j G .9TH AVEN q a ,.. 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R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT UNC UNCLASSIFIED USED[STRICT ®PROPOSEDAREACHANGE ~C3HEAVYCOMMERCIALDISTRICT ~PUDPLANNEDUMTDEVELOPMENT Rl SINGLE-FAMILY RESIDENTIAL DISTRICT ~ Pl PUBLIC USE DISTRICT ~ LA KELAND HILLS SOUTH PUD 2006 PROPOSED ~,rY ~,. COMPREHENSIVE Av.~t~~ 1\'CII [QUAL$ 100 F[ET ~~~~~~ >»> ZONING AMENDMENT AREA I ~vnsH i~cT~~r 'K W iGD ON_ 09i?N~? 006 5~ ~~~ ~V ~FO~ //e =CITY LIMITS R2 SINGLE-FAMILY RESIDENTIAL DISTRICT I INSTITUTIONAL USE DISTRICT _ TV TERRACE VIEV EXISTING ZONING az R4MOLTIPLE-FAMILY RESIDENTIAL DISTRICT :. UNC UNCLASSIFIED USE DISTRICT ~PROPOSEDAREACHANGE ~C3HEAVYCOMMERCIALDISTRICT ~PUDPLANNEDUNITDEVELOPMENT Rl SINGLE-FAMILY RESIDENTIAL DISTRICT ~ Pl PUBLIC USE DISTRICT ~ LAKELAND HH.LS SOUTH PUD ?iTH 5'I'SF. N 2006 PROPOSED COMPREHENSIVE "~°'F°"';`'°°'`F` 7.ONING AMENDMENT AREA J r ~R T ~ ~ ~!J'B LJ ~t.1 r Gti'AtiH iNGTON PROPOSED 'I z ~I N Y O _. __., - __ ___ __- i 3R~P\-SE I ~~ '~•~. "-. 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CIIYI~I .4 ~V.. ~ ~ r.. .. 4h`AtiH WGTON t qi y~~M1,R Jr HA A1P f' t R~ i~a s O CITY LIMITS RS SINGLE-FAMILY RESIDENTIAL DISTRICT ~ C3 HEAVY COMMERCIAL DIS"1 K1Ci 0 EXISTING ZONING Rl SINGLE-FAMILY RESIDENTIAL DISTRICT P~+a" Ml LIGHT INDUSTRIAL DISTRICT PROPOSED AREA CHANGE Cl LIGHT COMMERCIAL DISTRICT ~ Pl PUBLIC USE DISTRICT ,, , N 2006 PROPOSED t~~ ~~~ ~~~ ~ A COMPREHENSIVE ~[~ B vh IINCIIEQUnLS?OOEEET ZONING AMENDMENT AREA M ~""~""``~~"`~ mnr loin lael PRINT ED ON.091?R~?006 >,'x%' CITY LIMITS ®PROPOSED AREA CHANGE ~ Ml LIGHT INDUSTRIAL DISTRI 0 EXISTING ZONING ~ C3 HEAVY COMMERCIAL DISTRICT ~ Pl PUBLIC USE DIISTRICT *} N 2006 PROPOSED ~~~~-~ ~~~ kk COMPREHENSIVE ~[_,~ $~,,.~.t'~1.r '"""°°""'°°`EET ZONING AMENDMENT AREA N ~`ns"'NC'TON mnr goo. ucz Q CITY LIMITS ~ PROPOSED AREA CHANGE ~ 3 Ml LIGHT INDUSTRIAL DISTRICT [] EXISTING ZONING ~ C3 HEAVY COMMERCIAL DISTRICT ~ Pl PUBLIC USE DISTRICT ,~ N 2006 PROPOSED ~:~,-}~ ~~~ _ COMPREHENSIVE ~[~ B V illy IINOI EQUALS ?OO FEET ZONING AMENDMENT AREA O ~.vnsH ~NC,TON merlon lie} ~c+::.~. Q CITY LIMITS ~ PROPOSED AREA CHANGE ~ M2 HEAVY INDUSTRIAL DISTRICT 0 EXISTING ZONING Ml LIGHT INDUSTRIAL DISTRICT ~ Pl PUBLIC USE DISTRICT N 2006 PROPOSED COMPREHENSIVE ""`° `°"""5 °°° F`ET ZONING AMENDMENT AREA P a~nr to ,~ ua+ Cll'Y' l)f ~ k AFB ~ 1h'AS H I N{;T{)N PROPOSED ~ _ ~ - _- I '~ ~ ' I I i I I -- - - - _ _ I PUBLIC ~ ~ - - _II _~ USE I --- :. L - - - - ---- ---- DISTRICT - - - _ - ~ ~ i ~ ! ,4 =~~' - ~ -- - - - - --- PUBLIC -~--~~_ - ~ _ --- ~' USE ~-~ i~_' ~ ~-_~ ~i ~ RIOT ~~,. ~ D15T - _--~__ ~ -- -- I ~\ I I I I IT7~~ I - I I I u ~;N I ~~~~ ~ BSc I, I, I~ 11~-6'~a r F I x '< x ' I '~ I .~ n+ _~ SE 99TH ST --- y E'~ I ~ lI. -'~-- -__ -- ~y~~ _ III I I ~ Ir / - - -I -J ~ ~L~ I ~ 99SHPL ~ 'yy ~- - I I ~~J _. / ~E30~H WAY ~-- T$E~ ` I I I I ~i -{ C I lii r L I I In ~-I ~ 1 ~_ i 11 I--~'~~ _ SE 301 ST ST _ _.. -.------`.-_ I, ~ _ ! ~~ I I ! 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RO MULTIPLE-FAMD.Y RESIDENTIALDISTRICT ~ Q CITY LIMITS R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT ~ Pl PUBLIC USE DISTRICT C3 HEAVY COMMERCIAL DISTRICT ~ PUD PLANNED UNIT DEVELOPMENT 0 EXISTING ZONING ® PROPOSED AREA CHANGE =-F Ml LIGHT [NDUSTRIALDISTRICT R2 SINGLE-FAMILY RESIDENTIAL DISTRICT LF AIRPORT LANDING FIELD DISTRICT *: _,Y N 2006 PROPOSED ~:~,-~ ~~~ - COMPREHENSIVE ~~ B v IMCIIEQUAlS?DO FEET ZONING AMENDMENT AREAS G~~n~E-+~NrTON mAr l~:r ue-r * _,: N 2006 PROPOSED ~~~~-~~ ~~~ k COMPREHENSIVE ~~ B V ~.~ IINCII EUUALS ?00 FEET ZONING AMENDMENT AREA T 4~`^s"i~cTON MAI' ID Y ISRx PR INT LD ON. OVI?%i2000 12TH 5T NE I' .. ~{ 1 ®C1TY LIMITS R2 SINGLE-FAMILY KP:J1Ur;1~ i iai. liio, n.~ ~ "' ------ ~] EXISTING ZONING ,. R4MULTIPLE-FAMILY RESIDENTIAL DISTRICT ~ Ml LIGHT INDUSTRIAL DSTR CT T ®PROPOSED AREA CHANGE ~ RO RESIDENTIAL OFFICE DISTRICT 2006 PROPOSED ~,TY ~,, COMPREHENSIVE ~~~ i INCH EQUALS 600 FEET MAPIDN. X372 ZONING AMENDMENT AREA X - wnsHlNCTON PR W T P.O ON~. 09/2X2006 W , ~ ~'~/ ~. - v. - --_-__ -_- _. ---_. _~-,.... _.j ,. J, ~. N -- HEAVY _-- H ---- - ~ INDUSTRIAL 'r- m _ ___F DISTRICT sorx"sS ;. _- 'Vm - - ~1W2~ i. . -.:.31 C T CT C-F-.-. ' -~ ~ - - ~.1~ -_ -~^ ~.~ -__ - _-- -. _-.... -_ .. E, "fiT CF Ra>3n ~r~ oC77Y LIMITS Rl SINGLE-FAMILY RESIDENTIAL DtS7RICT ~ R4 MULTIPLE-N'AMI LY RFSIDEN'f1AL DISTRICT ~ MI LIGHT INDUSTRIAL DISTRICT Q EXISTING ZONING R2 SINGL&N'AYIILY RESIDEN'fTAL DtSTRIC'C ~RMHP RESIDENTIAL MANU FACTURED HOME PARK DISTRICT (•M2 HEAVY INDUSTRIAL DIST RICT PROPOSED ARN:A CHAM~I' Nl lltiU-h)\;1U LY (DUPLEX)RESIDENTIAL DISTRICT (•C3 HEAVY COMMERCIALDIS'1'R1CT ~PI PU BLIC USE DISTRICT ~ T ~i~ ~-~ ~ c`'~sx ~ r ~ ~~'. ~ ~ N 2006 PROPOSED COMPREHENSIVE "''°'E`°"""°°"ET ZONING AMENDMENT AREA Y mnriu;; en ~, etas v `~i. W 1 1V ~ V ~~~1 r tNASH INGTON Q CITY LIMITS RI SINGLE-FAMILY RESIDENTIAL DISTRICT _'~' Ml LIGHT INDUSTRIAL DISTRICT ® EXISTING ZONING ~ RMHP RESIDENTIAL MANUFACTURED HOME PARK DISTRICT ~ Pl PUBLIC USE DISTRICT PROPOSED AREA CHANGE Cl LIGHT COMMERCIAL DISTRICT ~, N 2006 PROPOSED ~~~, ~- ~~~ k COMPREHENSIVE ~[J ~-~ IINCIIFQUnLS'_OpFEET ZONING AMENDMENT AREA Z - ~~,InSHiti{;TON tint m r: I JA {? r' 'M.r M '" ~r~ ~. -- ~./'ff r y,. - ,, / ~ ,„„ ~,,, gv~ ~ ~ ^'" f° tRD S;1'NW .. 3R L;y4-NW rte' "~^' ^,,.~'" "/v ~, / / o / ,sr ,~r^ + x~t ~ ~i»~ ~. s ~r J ~ - i C2 CENTRAL BUSINESS DISTRICT $~R4 MULTll'LE-FAMI LY RES IDENTIAL DISTRICT ~M2 HEAVY INDUST RIAL DISTRICf O CITV LIMITS Q EXISTING ZONING ~RO RESIDENTIAL OFFICE DISTRICT ~RMHPRESIDENTIAL MANU FACTORED HOME PARK DISTRICT API PUBLIC USE DISTRI ~PROPOSEDAREA CHANGE R2 SINGLE-FAM R.Y RESIDENTIAL DISTRICT ~C7 HEAVY COMMERCIAL DISTRICT RI SI NCLE-FAMILY RESIDENTIAL DISTRICT ~ R3 TNO-FAMILY (DUPLEX) RESD)ENTIAL DISTRICT ~'.« Ml LIGHT INDUSTRIAL DISTRICT N 2006 PROPOSED cirr ui ~ " COMPREHENSIVE 1`~.~~~ I I"`I' `°~,,`5 ~oo rser ZONING AMENDMENT AREA AA nlnr io:: uu ~4`AS H I NGTO(~ r1tMTCD 0~. I'/YI:?ooh Q C[TY LIMITS ~ R3 TWO-FAMILY (DUPLEX) RESIDENTIAL DISTRICT „'~ Ml LIGHT INDUSTRIALDISTRICT EXISTING ZONING R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT ~ M2 HEAVY INDUSTRIAL DISTRICT PROPOSED AREA CHANGE r CI LIGHT COMMERCIAL DISTRICT ~ Pl PUBLIC USE DISTRICT RZ SINGLE-FAMILY RESIDENTIAL DISTRICC ~ C3 HEAVY COMMERCIALDISTRICT I INSTITUTIONAL USE DISTRICT EXHIBIT `B' FACTS AND FINDINGS 1. RCW 36.70A.040 (Washington State Growth Management Act (GMA)) requires that comprehensive plans and development regulations shall be consistent. (See note above.) 2. RCW 36.70A.030 defines development regulations as: "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.708.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. 3. SEPA determinations were issued for the proposed rezones outlined in this agenda as part of the comprehensive plan amendment process. Final Determination of Non-Significance was issued on August 18, 2006 for Areas G-P and September 14, 2006 for Areas Q-V and Y-AA. The Final Determination of Non-significance for Areas A-F was issued October 7, 2005. 4. The Planning Commission public hearing notice for the 2006 Comprehensive Zoning Map Amendments (Rezones) was mailed to property owners and adjacent property owners on October 24, 2006 and published in the King County Journal on October 24, 2006. In November of 2005, the City Council approved Resolution No. 3944 which adopted an Economic Development Strategies document for the City. This document was developed in conjunction with individuals in the City and Auburn region with expertise and experience in the field of business and economic development. The Economic Development Strategies document outlines several recommendations for areas throughout the City intended to build on the City's economic base, particularly in response to changing market conditions throughout the region. Each area includes a series of strategies and logistics to be responsive to the changing nature of the marketplace. 6. In discussions leading up to the drafting of the Auburn Economic Strategies Plan, certain stakeholders suggested that the City needed to give more flexibility to accommodate retail/commercial uses. In 2005, the comprehensive plan amendments responded to this suggestion by amending policies to enable commercial flexibility in the vicinity of the SuperMall. In the early 1990's the City adopted Comprehensive Plan policies that actually served to limit commercial development to the SuperMall site to avoid feared economic competition impacts to downtown commercial. These impacts never materialized, and are no longer of concern. 7. The Auburn City Council adopted Vision 2016 by Resolution No. 4049 on June 19, 2006, which outlines numerous goals of the City Council to accomplish over the next ten years. The city's adoption of the Economic Development Strategies document implements goals of Vision 2016. 8. The Puget Sound region has seen an increasing trend toward the commercialization of industrially zoned areas to respond to changing needs of the public. By way of example, Renton (along Lake Washington), Kent (by the commuter rail station), Tukwila and Federal Way are just a few of the areas that have seen the demand for commercial uses lead to the rezoning of industrial land. This trend has become increasingly pronounced in the south King County area. Certain proposed amendments respond to this trend by amending industrially designated properties to commercial, especially along major city transportation corridors. Page 1 of 7 EXHIBIT `B' 9. In the coming years, pressure will be escalating to rezone industrial land and encourage commercial mixed-use development. Changing comprehensive plan land use designations to commercial for the proposed areas prepares Auburn for this trend by planning for the next ten to twenty years. The City is attempting to anticipate these changes rather than reacting to market trends. 10. The City of Auburn does not have a designated manufacturing/industrial center per the King County Countywide Planning Policies. 11. Pursuant to RCW 36.70A.106, the 2006 Comprehensive Zoning Map Amendments were sent to the Washington State Office of Community, Trade, and Economic Development (CTED) and other state agencies as required for the 60-day state review. As of writing this report, staff discussed the proposed rezones with CTED staff and they have no comments on the proposal. CONCLUSIONS The proposed zoning changes are divided into three groups. I. Areas A-F The land use designations for Areas A-F were changed as part of the 2005 Comprehensive Plan amendment cycle. Pursuant to Auburn City Code (ACC) Chapter 18.68 certain criteria must be met in order to recommend approval of a rezone. The criteria are as follows: 1. The rezone must be consistent with the Comprehensive Plan. The current land use designations for Areas A-F were approved by the City Council as part of the 2005 Comprehensive Plan amendment cycle. The land use designations for Areas A-F are as follows: • Area A is designated "Heavy Commercial" • Area B is designated "Heavy Commercial" • Area C is designated "Light Commercial" • Area D is designated "Heavy Commercial" Area E is designated "Heavy Commercial" • Area F is designated "Public and Quasi-Public" The proposed rezones for Areas A-F are as follows: • Area A is zoned Business Park (BP) and Light Industrial (M-1) and the proposed zone change is to Heavy Commercial (C-3). • Area B is zoned Heavy Industrial (M-2) and the proposed zone change is to Heavy Commercial (C-3). • Area C is zoned Heavy Industrial (M-2) and the proposed zone change is to Light Industrial (M-1). • Area D is zoned Heavy Industrial (M-2) and the proposed zone change is to Heavy Commercial (C-3). • Area E is zoned Light Industrial (M-1) and Public Use (P-1) and the proposed zone change is to Heavy Commercial (C-3) for the industrial zoned portion only. The proposed rezone does not change the Public Use zone. Page 2 of 7 EXHIBIT `B' • Area F is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1 ). As required by ACC 18.68, the proposed rezones are consistent with the Comprehensive Plan land use designations. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request or initiated by the City in order for the Planning Commission to consider the request. The proposed rezones for Areas A-F are initiated by the City of Auburn and are processed as area wide rezones (note that Areas A-F are part of 24 rezones being processed). Area wide rezones are reviewed and a public hearing held by the Planning Commission in accordance with ACC 18.68.030. The Planning Commission makes a recommendation to the City Council, who makes the final decision. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 3. Conditions in the area must have changed since the original zoning was established. Areas A, B, and D, are located in the vicinity of the SuperMall. When the "SuperMall of the Great Northwest" was developed, a number of community issues were raised. Included in these issues was the concern over commercial sprawl around the SuperMall that would exacerbate traffic. Economic impacts to the Auburn Downtown were also raised. As a result, Comprehensive Plan Policy LU-74 in the Land Use Element was adopted that sought to limit commercial development around the SuperMall and Policy LU-77 was adopted to encourage the City's continued support of Auburn downtown as the community's focal point. Policy LU- 74 has since been revised to support commercial development around the SuperMall that complements its role as a regional shopping center. Since that time, several factors have changed. Auburn's Downtown, as a designated urban center in 2004, has developed a more specific vision and role for the community. Also, it is not expected that the SuperMall will develop to its maximum square footage. In light of these issues, using the draw of the SuperMall to capture additional retail development in the surrounding area is appropriate. The proposed rezones for Areas A, B, and D seek to implement this by zoning properties along the south side of the 15'h Street SW corridor and west side of the C Street SW corridor to "Heavy Commercial". Area C is the General Services Administration (GSA) facility located south of 15~h Street SW and west of C Street SW. This property is owned by the Federal Government, which limits the city's land use authority. However, should the property be disposed of by the Federal government in the future it would be appropriate to establish a land use pattern that would be more consistent with allowing a mix of commercial and light manufacturing industrial uses than heavy industrial uses that could occur with the existing "Heavy Industrial" designation and existing M-2 zoning. Changing the zoning to Light Industrial~(M-1) prepares this area for redevelopment should the property be disposed of by the Federal Government. Area E is a Metro Bus Park & Ride lot. The southern portion of the property is developed with the park & ride but the northern portion of the two parcels is vacant. The surrounding zoning is Heavy Commercial (C-3) with the airport to the north and rezoning the northern half of the two parcels will bring Area E in consistency with the surrounding zoning and commercial developments. Area F consists of two parcels owned by King County and City of Auburn. The main change since these parcels were zoned Light Industrial (M-1) is the two parcels are wetland Page 3 of 7 EXHIBIT `B' mitigation sites and the proposed zone change to Public Use (P-1) implements the Open Space land designation. 4. The proposed rezone must bear a substantial relationship to the general welfare of the community. The City Council adopted Vision 2016 by Resolution No. 4049 which outlines numerous goals for economic development, infrastructure improvements, and annexations. Vision 2016, Vision for the Future, calls for the 15'h Street SW and C Street SW corridors to be strategy areas for future commercial uses. One way to implement this goal is to rezone the properties designated commercial on the Comprehensive Land Use Map to Heavy Commercial (C-3). This vision is for the Auburn community as a whole and for the economic vitality of the city. II. Areas G-P 1. The rezone must be consistent with the Comprehensive Plan. Areas G-P are part of the 2006 Comprehensive Plan amendment cycle. These areas are city owned properties that vary in use from storm drainage facilities and right-of-way, to wetland mitigation sites. Planning Commission held a public hearing on September 6, 2006 on Areas G-P and recommended approval of the proposed land use map changes. The proposed changes are as follows: • Area G to "Public/Quasi-Public" • Area H to "Public/Quasi-Public" • Area I to "Public/Quasi-Public" • Area J to "Public/Quasi-Public" • Area K to "Public/Quasi-Public" • Area L to "Public/Quasi-Public" • Area M to "Public/Quasi-Public" • Area N to "Public/Quasi-Public" • Area 0 to "Public/Quasi-Public" • Area P to "Public/Quasi-Public" The proposed rezones are as follows: • Area G is zoned Single Family Residential (R-2) and the proposed zone change is to Public Use (P-1 ). • Area H is zoned Single Family Residential (R-2) and the proposed zone change is to Public Use (P-1 ). • Area I is zoned Single Family Residential (R-2) and the proposed zone change is to Public Use (P-1 ). • Area J is zoned Single Family Residential (R-1) and the proposed zone change is to Public Use (P-1). • Area K is zoned Single Family Residential (R-1) and the proposed zone change is to Public Use (P-1 ). • Area L is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1 ). • Area M is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1 ). • Area N is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1 ). • Area O is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1 ). • Area P is zoned Single Family Residential (R-1) and the proposed zone change is to Public Use (P-1 ). Page 4 of 7 EXHIBIT `B' As required by ACC 18.68, the proposed rezones are consistent with the Comprehensive Plan land use designations. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request or initiated by the City in order for the Planning Commission to consider the request. The proposed rezones for Areas G-P are initiated by the City of Auburn and are processed as area wide rezones (note that Areas G-P are part of 24 rezones being processed). Area wide rezones are reviewed and a public hearing held by the Planning Commission (per ACC 18.68.030). The Planning Commission makes a recommendation to the City Council, who makes the final decision. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 3. Conditions in the area must have changed since the original zoning was established. Areas G-P are city owned properties that serve a variety of public functions such as right-of- way, storm drainage facilities, future fire station site, park facilities, and wetland mitigation sites. Since the time the majority of the sites were originally assigned zoning designations, conditions changed to warrant a corresponding change in the proposed zoning designation to Public Use (P-1 ). As mentioned earlier, these properties are no longer being utilized as uses allowed in the respective current zoning district. The proposed zoning designation of Public Use (P-1) reflects the properties are in public ownership and being used for public services. 4. The proposed rezone must bear a substantial relationship to the general welfare of the community. The proposed rezones for Areas G-P are taking sites that are publicly owned and serve a public function and changing to the zoning designation to reflect that public use. These proposed rezones for Areas G-P bear a relationship to the general welfare of the community to ensure that these sites continue the public function for which they are currently used. III. Areas Q-V and Y-AA The rezone must be consistent with the Comprehensive Plan. Areas O-V and Y-AA are part of the 2006 Comprehensive Plan amendment cycle. These areas are certain industrial designated properties that are proposed to change to a commercial designation. The City Council approved the 2006 Comprehensive Plan amendments on November 20, 2006 by Ordinance No. 6064. The land use designations changed are as follows: • Area Q to "Heavy Commercial" • Area R to "Heavy Commercial" • Area S to "Heavy Commercial" • Area T to "Light Commercial" • Area Y to "Light Commercial" • Area Z to "Heavy Commercial" The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request or initiated by the City in order for the Planning Commission to consider the request. The proposed rezones for Areas Q-T and Y-Z are initiated by the City of Auburn and are processed as area wide rezones (note that Areas O-T and Y-Z are part of 22 rezones being processed). Area wide rezones are reviewed and a public hearing held by the Planning Page 5 of 7 EXHIBIT `B' Commission (per ACC 18.68.030). The Planning Commission makes a recommendation to the City Council, who makes the final decision. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 3. Conditions in the area must have changed since the original zoning was established. Areas Q-T, Y and Z are industrial zoned properties that are located in different parts of the city that have changed over the years into commercial corridors or have the potential to expand a commercial corridor. Area O and R are located east of SR 167 and north of 15`h Street NW. Emerald Downs and its associated parking facilities compose Area Q. Area R consists of vacant land, a Costco warehouse facility, and some outbuildings. Emerald Downs is a commercial racetrack facility and a Heavy Commercial (C-3) zoning designation is more appropriate than Heavy Industrial (M-2). By changing the zoning to C-3, creates the commercial corridor along 15`h Street NW and complements that surrounding zoning of C-3. Area S is located on the corner of 30`h Street NE and I Street NE. The adjacent zoning is predominantly Heavy Commercial (C-3) with some multi-family (R-4) to the east. A commercial zoning designation will bring Area S into consistency with the surrounding zoning rather than having an isolated area of Light Industrial (M-1 ). The comprehensive plan envisions properties along the I Street and Auburn Way corridors to become commercial in nature over time. In 2005, the Planning, Building, and Community Director approved an Administrative Use Permit for a professional office to locate at the Skills, Inc. property. At that time professional offices were not permitted outright in the M-1 Light Industrial zone but required an Administrative Use Permit. This professional office remains in operation and has a valid business license issued by the City of Auburn. The adjacent properties to Area T have developed into a commercial node within the North Auburn Business Plan Area. To the north of Area T, Lowe's and Applebee's were recently constructed and existing commercial businesses are located to the south and east of Area T. The conditions have changed to warrant a Light Commercial (C-1) zoning designation for Area T rather than retaining an isolated parcel of Light Industrial (M-1) zoning. Area Y is located south of the White River and between A Street SE and Oravetz Road. This area was originally zoned Heavy Commercial (C-3), and a rezone application to Light Industrial (M-1) was processed and approved by City Council August 16, 1999 (Ordinance 5273). Since the rezone was approved seven years ago, conditions have changed in the area to warrant a rezone back to a commercial designation. At the corner of A Street SE and Ellingson (415` Street SE), a commercial development is under construction. The proposal is to change Area Y to Light Commercial (C-1) rather than back to the original C-3 zone to reflect the property's proximity to the White River and location between two schools. Area Z is located north of Main Street west of C Street NW. A variety of land uses exist, from Waste Management's recycling facility to non-conforming single family homes. The rezone proposal of Central Business District (C-2) implements Vision 2016 by allowing some residential uses adjacent to the new Environmental Park District, and by creating a buffer between the industrial uses to the north and Main Street. 4. The proposed rezone must bear a substantial relationship to the general welfare of the community. The City Council adopted Vision 2016 by Resolution No. 4049 which outlines numerous goals for economic development, infrastructure improvements, and annexations. Vision 2016, Vision for the Future, calls for various strategy areas to be developed for future commercial use. One way to implement this goal is to rezone the properties designated commercial on Page 6 of 7 EXHIBIT `B' the Comprehensive Land Use Map to Heavy Commercial (C-3). This vision is for the Auburn community as a whole, and for the economic vitality of the city. Page 7 of 7