HomeMy WebLinkAboutCase REZ09-0005
Exhibit 1
h-~ ~ ~ Number of Pages 5
~ URN AGENDA BILL APPROVAL FORM
::o;~.,:~ Agenda Subject: REZ09-0005 - Riverside Village Rezone Date: July 15, 2010
Department: Planning and Attachments: See Exhibit List Budget Impact: N/A
Development
Administrative Recommendation: Hearing Examiner recommend to the City Council approvaf of the
Riverside Village rezone.
Background Summary:
OWNER/
APPLICANT: Ray Keasey 9880 208Ih Avenue NE, Redmond, WA
REQUEST: Change in zoning of one parcel from R-10 Residential (10 du/acre) to R-20 Residential
(20 du/acre)
LOCATION: The property is located at 1608 8`h Street NE, Auburn Parcel No: 1721059163
EXISTING
LAND USE: Multi-family, apartments.
COMPREHENSIVE
PLAN DESIGNATION: High Density Residential
SEPA STATUS: A DNS was issued on September 22, 2009 for the Comprehensive Plan land use
change that took into account the rezone change.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: El Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD M Fire E] Planning
❑ Park Board ❑ Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ~ E] Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Staff: Chamberlain
Meeting Date: July 28, 2010 Item Number:
~URN-N+,t: E 1 ''c`O4. f L4.1. ?'ti(.;1 NL D
Agenda Subject: REZ09-0005 - Riverside Village Rezone Date: July 15, 2010
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are:
Comprehensive Plan Zoning Land Use
Pro'ect Site Hi h Densit Residential R-10 Residential 10 du/acre A artments
North Hi h Densit Residential R-20 Residential 20 du/acre A artments/Senior Housin
South Sin le Famil Residential R-7 Residential 7 du/acre Sin le Famil Homes
East O en S ace Green River
West Residential Office RO Residential Office Hair Salon
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Page 2 of 5
Agenda Subject: REZ09-0005 - Riverside Village Rezone Date: July 15, 2010
FINDINGS OF FACT:
1. Ray Keasey has applied for a rezone for property located at 1608 8th Street NE, Aubum, WA.
2. A Comprehensive Plan Land Use Map amendment was applied for concurrently with the.rezone
on June 19, 2009. The applicant requested a land use change from Moderate Density
Residential to High Density ResidentiaL The City Council approved the amendment on
December 7, 2009 by Ordinance No. 6280 (Exhibit 8) -
3. The rezone site at 8th Street NE is approximately 1.58 acres (68,825 square feet).in size and
contains an existing 30 unit multi-family development. -
, 4. Based on the allowed density in the R-20 Residential (20 du/acre) zone, one additional unit may
be permitted.
5. The applicant filed an environmental checklist that addressed the comprehensive plan
amendment and rezone. A description of ftrture development of the property was included. The
applicant proposes to construct one additional unit within an existing building.
6. The R-20 Residential (20 du/acre) zone district permits multi-family development outright (see
ACC 18.07A20). The intent of the R-20 zone is:
"to provide for multiple-family residential development and is further intended as a
residential zone primanly of multiple-family residences, except as specifically provided
elsewFiere in this chapter: A related consideration is to make it possible to more efficiently
and economically design and install all physical public service facilities in terms of size -
and capacity to adequately and permanently meet needs resulting from a defned
intensity of land use."
7. The R-20 zone development standards including setbacks and lot requirements are contained in
ACC 18.07:030.
8: Pursuanf fo ACC 18.68.030 and 18.68.040, all applications for a,rezone shall pe. reviewed by the
planning director prior to the scheduling of a public hearing. After review of the app(ication, the
, director shall determine which of the, fo.llowing two processes should occur to prope.rly hear the
rezone: -
a. If the rezone is consistent with the comprehensiye plan, then the hearing examiner shall
conduct a public hearing on the rezone and make a recommendation to the city council
pursuant to ACC 18:66:170.
This application is consistent with the comprehensive plan, as outlined below in the conclusions.
9: On September 21, 2009, the SEPA Responsible Official. issued a Determination of Non-
Signficance (DNS) for the comprehensive plan land use amendment that also took into account ,
the rezone. There were no comments received and no appeals filed (Exhibit 6).
10. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days priorto the
public hearing and in accordance with ACC 14.07:040. The public hearing notice was published
in the Seattle Times on.July-13, 2010, provided to the property owners within 300 feet of thesubject site, and posted on the subject property meeting this requirement (Exhibit 5).
11. The City Council changed their role in quasi judicial approvals giving that authority to Hearing
Examiner to make decisions. Since rezones are approveci by Ordinance the City Council is still
Page 3 ofi 5
Agenda Subject: REZ09-0005 - Riverside Village Rezone Date: 'July 15; 2010
the decision maker on rezones with the Hearing Examiner making a recommendation on the .
proposaL
12: 8th Street NE is a minor arterial and this road classfication supports the rezone request: .
13. The subject site is, adjacent to the Green River and is within the 200 foot shoreline management
area. The Shoreline Environment Designation is Shoreline Residential. Rezones are not subject
fo the Shoreline Management Program, howevee, residentiaf zoning is consistent with the
Shoreline Residential designation. .
CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approVal of a rezone:
1. The rezone must be consistent with the Comprehensive Plan.
Comment
The applicant submitted for both a rezone and comprehensive plan amendment on June 19, 2009.
The comprehensive plan amendment was processed as part of the 2009 annual amendments. The
land use map amendmentwasfrom Moderate Density~'Residential to High Density Residential. On
December 7, 2009 the City Council approved the`comprehensive plan amendments through
- Ordinance No. 6280 (Exhibit 8).
Policy LU-34 states that multiple-family developme"nts should be located. functionally convenient to
the'necessary supporting facilfies including utilities, arterials, parks, transif service, etc. Pursuant to
Chapter 14 of the Comprehensive Plan, High Densify Residential is to proyide an opportunity for the
locatibn of the most economical forms of housing in areas appropriately situated forsuch uses under
the policies of the comprehe.nsive plan.. Riv_erside. Village is an existing multi-family development with
30 units. The applicant proposes to add one additional unit to the complex.
The proposed rezone will fake an existing developed multi-family site and bring the zoning in line with
the existing densify level while also allowing the potential for one additional unit. Also, the subject site
is within mile of transit service, parks; and is located on a minor arterial. street.
2. The re_zone must be initiated by someone other than the City in order for tNe Hearing Examiner
to.considerthe request. Comment
The rezone has been initiated by the property owner,: Ray Keasey, who is also the applicant.
3. My changes or modifications to a rezone request made by either the Hearing Examiner or
City Council will not result in a more ihtense zone than the one requested.
Comment '
The requesfed rezone change, from R-10 Residential (10 du/acre) to R 20 Residential (20 du/acre),
will not result in a more intense zone than what is requested.
In addition, the Washington State Supreme Court has identifieci other general rules for rezone
applications (see Rarkridge v. Seattle; 89 Wn.2d.454; 573 P,2d 359 (1978)):
a. Conditions in the area must have changed since the original zoning was established.
Page 4 of 5
Agenda Subject: REZ09-0005 - Riverside Village Rezone - Date: July 15, 2010
Comment
The rezone proposal is consistent with the comprehensive plan land use designation for the
subject property. As mentioned under the findings of fact, a comprehensive plan map
amendment was processed in 2009 and' approved by.the City Council. The proposed rezone
brings the zoning consistent with the comprehensive plan.
b. The proposed rezone must bear a substantial relationship to the general welfare of the
community.
The property is currently developed as.multi-family with 30 units. Rezoning the subject property
to R-20 Residential (20 du/acre) will bring the zoning in line with the existing density of the site
and wfll permit one additional unit. Riverside Village provides needed housing to a population
within Aubum. As mentioned above; the subject site is locateci on a minor arterial, within walking
distance to park facilities, and along the Metro 181 transit route.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends
thaYthe Wearing Examiner recommend to the City Council approval of the rezone with the following
conditions'of approval:
Staff reserves the right to supp/ement the record of the case to respond to matters and information raised
subseguent to the writing of this feport
EXHIBIT LIST - Exhibit 1 Staff Report
Exhibif.2 Vicinity Map
Exhibit 3 Application
Ezhibit 4 Site Plan
Exhibit 5 Combined Notice of,Application and Public Hearing with affidavits
Exhibit 6 Determination of Non-Signficance and Final Staff Evaluation
, Exhibit 7 AeriaC Photograph
Exhibit 8 Ordinance No: 6280
Page 5 of 5
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this map or information on this map is prohibited except by written pertnission of King County.
Date: 7/15/2010 Source: King County iMAP - Property Information (http://www.metrokc.gov/GIS/iMAP)
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Pareel No(s) % "12 ! os q 16 3 Site Address ! b o~ -$t'•S+. N.K,
IegaI DescrIption (attac8ed separate aheet if necessary)
Appficant
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MailingAddress: a%oo- zrW:h. p„%)&• a.f- ~L~.cnno~o~w,o► ~►Sbos3
Telephone and Fax: P: Cyzs'V►-iz- 334'1 r-' . ty zs') 'gz.i - sa 41
Emaiir c0.10-s+.ye
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, Owner (#f more ihan ane attach anofher sbect)
Name:? ta4w. o o4 L. Krwws &v
Mailing Address: °►gao - ao ~3''=' rs v6. . a.~. ~ro.,. o~A.w,a qe os3
TetephoneandFax: P:44z0 A'+.Z-3347 f:: (qrs)gLA-sz41
Email: Y'o.y ttA.&," @~ w.a:l . aa M
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Engjneer/Arc6ftee#nre/Other
Name:
Mailing Address:
Telephone and F Qt~~ ~
Emaii:
Description of Propo ed Actian•
~.lsl.~.-P.tvlPw}70 ltbF4-6.G^r GuR[ttNY u SQ. CSIUGE tKt'-k) AS R.- 20
A,NO Pv'R vrr.&. v 5 C tJ tF.x-r 5'o Y br-An.sj ,
e ofA Ifcatfon Ree aired Ctieck all t6at AppM
Administrative Appeat* Rmne (site specific)* Area Wide
• Admirustrative Use Permit'" Short Plat
AnnexatIon* Speclal Exception*
Boundary Line Adjustment Special Hume Occupatian Permit*
Comprehensive P1an Amendment (Text or Map)* Substamiat Shareline Development*
Conditional Use Pernut* Surface MIning Permit*
Critical Areas Variance* Temporarp Use,Permit
Develapment Agreem+ent' Variattce*
Environmental Review (SEPA)* *Please note that pubiic notiScation is
Final Plat required. A seFarate cast iS charged
Preliminary Plat* for the signs. Ciiy prepares sigas but
PITD Site Plan Approval aPPlic;ant responsible for sign posring•
Ressonable Use Exe tion*
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EXHIBIT A
PARCEL A•
Porta.on of Government Lot 3, Section 17, Township 21 North, Range 5
East, W.M., in King County, Washzngton, described as follows:
Beginning,.at the anorthwest carner oE said Section 17;
Thence south 0022103",west.along wast line 30 feet;
Thence south 89008~2711 easG paral.lel to north 2ine of said Section,
236.45 feet to Ghe'TRUE POINT OF B$GINNING for this description;
Thence cont3.nuing south 891R08127" east; 188,g1 feet to the west bank
af the Green River; .
Thence south 340371270 e.ast along said west bank 183.68 £eet to a
point 180 feet south.o£,the north line of Section 17;
'Thence north 89008127" west 294.46 feet;
Thence north 0022;103" east 150 feet to the TRUE POZPTT OF BEGINNING_
PARCFsL B •
Portions of Sections 17 and 18, Township 21 Niorth, Range 5 East,
w.M., in Ring County, Washington, described ae follows:
Beginning at the northwest corner of Saction 17;
' Thence south 0022103" west along the west 1ine.30 feet to the TRUS
POINP OF B8GINNING for this descriptfon; '
Theance souCh 89008127" east parallel to the north line said '
Section 37, 236,45 feet;
Thence.svuth 0022103" west 150 feet;
Thence north 89008127" west 241.45 feet to a point 5,0 feet west af
the west line of said Section 17;
Thence north 0022103" east parallel to said west line 150 feet;
Thence south 89008127" east 5.0 feet to the TRUE POINT OF...BBGINNING.
FY
City of Auburn
Rezone applicatian submittai
1608 - 8th. St. N. E. 1. 7hls rezane request ls consistent with:proposed changes to the current Compreherisive Pian,
curreni utilizaiion of adjacent properties, and current utilization of the subject praperty:
2: There wifl be no change in utiiization of municipal services as a resutf of this request.
. . . . , . _
JUN 2009
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C1TY OF
V BU~~~ PTnm~r of Ps~es peter B. kewts, Mcyor
* WASHINGTON 25 West MaPn Strest * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-5000
NOTICE OF APPLICAT101V AND PUBLIC HEARING
Publia Hearing: July 28, 2010 at 5:30 PM
COUNCIL CHAMBERS, AUBURN CITY HALL
Application Requested: REZONE -from R=10 Residential (10 du/acre) to R-20
Residenfial (20 du/acre). Application Number and Name: REZ09-0005; Riverside Village
` Proponent: Ray Keasey 9800 208'" Avenue NE, Redmond, WA '
. 98053
Property Location: The property is (ocated at 1608 W' Street NE. The site is within the NW %
of Secction 17; Township 21 Norfh; Range 5.East in the City of Auburn,- King County, Washington. Assessors Parcel Number(s): 1721059163.
Description of. Proposal: Rezone a single parcel from 11710 Residential (10 dWacre) to R-20. Residential (2Q du/acre) to create one additional unit at an existing Multi family developed site. Application Fi[ed: June 17, 2009 - Comprehensive Ptan Amendment and Rezone combined
Complete Application Date: July 21, 2009
Notlce of Appifcation Date: July 13, 2010 - Rezone application only
Studles Submitted wlth Application: None. , Other Permits and Plan which may be required: None at fhis time but future applications
include a building permit for the one additional unit.
Stafisment of Consistency and List of App[icable Development Regulations: This projecf
is subject to and shall be consistent with the Gity of Aubum Zoning Code, Surface and .
Stormwater Management Ordinance, Street Standards, Intemational Building Code and
Intemational Fire Code.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to.
this hearing, should contact the City of Aubum withirt 10 calendar days prior to the meeting, as
to the type of seroice or equipment needed. Each request will be considered individualiy
ac.corciing to the type of request the availabilify of resaurces, and the fnancial ability ofthe City
to prov'tde the requested services or equipment.
You are invited to express comments up untit and at the public hearfig. Wrmen comments may -
be submitted to Elizabeth Chamberlain, Planning Mariager, PEanning and Development
Department, 25 West Main. Street, Aubum, WA 98009-4998 or via email at echam beriain0aubumwa.QOv
AUBURN * MORE THAN YOU IMAGINED
. CrTY OF
,
~
* - - WASHIATGTON
AFFIDAVIT OF tVIA1LlNG OF LEGAL NOTlCE
Application No.: REZ09-0008
Appficant: Ray Keasey ;
Location: 1608-8'hStreet NE, Aubum, WA 98002
Date of Public H'earing; Ju[y 28, 2008
f csrtify that on July 13, 2008 I ctid send a Notice of Public Hearing for the above referenced
application, as required. by Auburn CiEy Code 14.07:040 and 18.66.130, to all property owners.,
located within 300 feet of the;affected site. Said NoticQ was mailed prie=paid stamped through
the United States Postal Seiv'rce at Ieast 10 days prior to the public hearing date noted above.
l decfare under penalty of perjury of the.laws of the State of Washington that`the foregomg is
true and conect.
' Renee S. Tobias, Pianning Secretary. .
*
CTTY OF * * •
U~~]~~ ~T Peter B. lswis, Mayor
. V-
WASHINGTON 25 WASt Main Street * Aubum WA 98001-4998 * www.aubumwa.gov # 253-931-3000
14imber of PWZ
Determination of Non-Signiricance .
SEP09-0019 Riverside Village Comprehensive P/an Map Amendment
Description of ,
Proposal: Comprehensive plan map amendment_to change the sublect property's
land use designation from Moderate Density Residential #o High Density
, Residential. Proponent: Ray Keasey, 9800 208°i Avenue NE, Redmond, WA 98053
Location: 1608 e Street NE. Parcel Number. 1721059163.
Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probabis signficanf-
adverse impact on the env#ronment: An environrnental impact statement (EIS) is'nof required
under RCW 43.21C.030(2)(c): This clecision was made a€ter reviewof a completed
environmental checklist and other, information on file with the 1ead.agency: T'he final staff
evaluation documents requiremenis for this proposal should the amendrnent be approved. This
*information is aVailable to the public on request. •
This DNS is issued under.197-91-34Q(2); the lead agency.will not act on this praposal for 14
days from tFte date issued below:.. Comments must he submitted by 5:00 p.m. on October5, -
2009. : , .
Any person aggrieved of the City's determination may file an appeal with the Aubum City Cteric
within 14 days of the close of#he comment period, or by 5:40 p.rn. on October 19, 2009.
Resportsible Official: • Gynthia Baker. AICP , • • •
Position/Title: . Director of Planning, Building, and Community Department
Address: , 25 West; Main StreeE .
, . Aubum, Washington 9800 253-931-3090
14A, .
~ Date tssued: September 29. 2009 Signatu 10A,
Note: This determination does not constitute approval of the proposal. Approval of.the
proposal can onty be made by the legislative or administrative body vested wrth that
authority. The proposal wlll tie required to meet ali applicable regulations.
. , AUBURN 'k MORE THAN YOU IMAGINED
Finai Staff.Evaluation for Environmental Checklist SEP09-0019
FINAL STAFF EVALUATiON FOR ENVIRONMENTAL CHECKLIST SEP09-0049 ~
Date: September 14, 2009
Project Name: Riverside ViIlage Comprehensive Plan Map Amendment
Applicant;. Ray Keasey
9800 208°i Avenue NE
Redmond, WA 98053
Location: 4608 Stree# NE. NW % of Section 17, Township 21 North, Range 5 East,
Wllamefte Meridian, King County, Washington. Parcel Number:.1721059163.
Proposal: Applicant proposes to amend the land use designation for the above property from
Moderate Density Residential to High Density Residential. If#he amendment is approved then a
subsequent rezone will he processed from R-10, 10 du/acre to R-20, 20 du/acre.
Existing Zoning: R-10, 10 du%acre - if amendment approved then a rezone to R-20, 20
dulacre will be processed.
Comprehensive Plan Designation:, Moderate Dsnsity Residenti,al -amendment,proposes
changing this to High Density Resideritial. .
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A. Bac_kground
Pursuant to WAC 197-11-340(2), the City of Auburn is required fo send any DNS which,may
result from this environmental review, afong with the checklist, to DOE, the Army Corps ofi
Engineers, other agencies with jurisdiction, affected tribes, and interested parties. Therefore,
the City wiA not act on fhis proposal for fourteen days after the issuance of a DNS (Octaber 1,
2009 comment period ends). See the red-fined environmental checklist.
If the comprehensive plan amendment is approved.and a s.ubsequent rezone the site shall ,
comply with any conditions of approvai from when fhe projecf was originally constcucted and
any new deyelopment.shall comply with a!l currenf standards in place at fime of a comp(ete
application submittaL
8. List any environmental information you know about that has been prepared, or will be
prepared, directly relafedto this proposal.
This is a non-project action and the subject site is currently developed with apartments."
B. Environmentaf Elements
1. Earth - : . .
Concur with the checklist A-F. G. The site is currently developed with 30 apartment units and surface parking.
Page 1 of 9 . '
Final Staff Evafuat(on for Environmental Checklist SEP09-0019 . •
2. Air
The proposal,is a non-project action. The site is currently developed with 30 apartment
unifs and surface parking ,
. Minimizing the increased levels of suspended particu(ates is a priority of the City. The Ci#y
shall consider measures that will keep the levels of on-site and off-site dust emissions at '
acceptable levels.
Applicable policies adopfed and designated as a basis for the exercise of substantive
- authority-under SEPA to approVe, condifion or deny proposed actions are noted as folfows: .
. The City shali seek to secure and maintain such levels of air quality as will protect human hea(th, prevent:injury to plant and animal life, preverit injury to property, foster the
comfort and convenience of area inhabitants, and #acilitate the enjoyment of the natural ,
. . .
attractions of the area. (Policy EN-18, ACP)
. The City shall, consider the impacts of new development on air quality as a.part of~its .
_ environmental review process and require any appropriafe mitigating measures. (Policy
, EN-22. ACP) .
3. Water. .
a; $urface
Staff concurs with the.checklist and the subject site is within the 200 foo# shoreline management
area and within the 100 foot tiuffer.
b. Ground
Concur with fhe checklist; hawever; NPDES Phase fi wilf be applicable fo the project if fufure
clevelopment is proposed. " .
c. Water Runoff (including storm water) ' .
Concur with the checklist; however, NPDES Phase II wift be app(icable to the project if future
devetopment is proposed:
` Applicable policies adopted and designated as a basis for the exercise of substantive authority '
. . under SEPA to approve, condition or deny proposed actions are noted as fo(lows: _
Stormwater drainage improvemenf projects that are propased to discharge to groundwater,
such as open water infiltration. ponds, shall provicfe for sur€ace water pretreatment designed
to standards outiined in the Washington $tate Department of Ecology's 'Stormwater Management Manual for the Puget Sound Basin. Drainage improvement projects that may
potentialiy result in the exchange of surtace and ground waters, such as detention ponds,
shalf a(so incorporate thesestandards. (Policy EN-2, ACP) . .
The City will regu(ate any new storm water discharges to creeks, streams; rivers, pands,
lakes and ather water bodies with the goal of no degradation -of the_water quality, or habitat
of the receiving waters, and where feasibfe seek opportunities to enhanoe the water quality
and habitat of receiving waters. (Policy EN-4; ACP) The City's design standards shall ensure that the post development peafc stormwafer runoff rates do not exceed the predevelopment rates. (Policy EN-10, ACP) _
Page 2 of 9
final Staff Evaluation forEnvironmentaf Checklist SEP09-0019 . -
The City will seek to 'ensure that the quality of water Ieaving the City is of equivalent quality
to the water entering. This will be-accomplished by emphasizing prevention. of polfution to
surface and ground waters through education programs _ and implementation and '
enforcemenf of Besf Management Practices. (Policy EN-91, ACP) ~
. The City shali consider the impacts of new developmerrt on water quality as part of its
environmental review process and require any appropriate mitigating measures. Impacts on
-fish resaurces shall be a priority concem in such reviews. (Policy EN-13; ACP) -
Tfie City shall require the use of Best Management Pracfices to enhance and protect water -
quality: as dictated by #he City's Developer Design Manual or other designated standard until
is compfeted: In. all new development, biofi[tration or other approved treatment measures
shall be required prior to discharging storm waters into the City-starm drainage system or
into environmentally sensitive areas (e.g: wetlands, rivers, and groundwater). (PQlicy EN=
12, ACP)
The City shali require the use of Best Management Practices to enhance 'and protect water
quality as dictated by the City's Design 'and Construction Sfandards and the Washmgfon
- State Department af Ecology's Stormwater Management Manu.al forthe'Puget Sound Basin.
!n all new development, approved r water qualify treafinenf ineasures that are applicable and
represent.. the best available science or technology shall. be required prior to discharging,
. , storm waters into the City storm drainage'system or into environmeritaily sensitive areas
(e.g:' wetlands, rivers, and groundwater.) (Policy EN-14, ACP) '
The City` recognizes that stormwiater treatment facilities do not function effrcieh#ly' 'unless
maintained. The City shall strive to ensure :that public and private stormwater coftection;
detention and freatment systems are properly maintained and functioning as designed.
(Policy EN-17, ACP}
The City shall enact ordinances and -;review, development proposafs: in a manner; which
resfricts and controls the discharge of storm watet for new development: At a minimum, the peak discharge rate after devefopment shall' not exceed the peak discharge rate before
development: (Policy EN-55, ACP) 4. Plants . . , .
Concur with the checkfist.
Applicable palicies adopted and designated as a basis for #he exercise of substantive authority
under SEPA are noted as foflows:
The City shall encourage the reten#ion of vegetation and encourage landscaping. in
` order to provide fiifering of'suspended particulates (Policy EN-20, ACP): .
The .City shall seek to. protect any unique, rare or endangered species: of `plants and animals
faund within the City by preventing•fhe indiscriminate and unnecessary removal of trees and
groundco"ver; by promofing the design and development of tandscaped areas which provide
. food and cover for wildlife; and by protecting and enhancing the quality of aquatic habitat
(Policy EN-23, ACP). .
Page 3 of 9
Final Staff Evatuation for Environmental Checklist SEP09-0019
The City shall consider the impacts of new development on the quality of land, known or
_ suspecfed fsh and wildiife habitafs (Map 9.2) and vegetative resources as a part of its
environmenfal rev'tew process and require any appropriate mitigating measures. Such
mitigation may: involve the retention of significant habitats and the use of native
landscape vegetation (Policy EN-24, ACP). _ The City shall encourage the use of native vegetation as an integral part'of- public and
privafe development plans (Policy EN-31, ACP). -
The -Ciiy shall discourage the unnecessary disturbance of natural vegetafion in new
development (Policy EN-32, ACP). .
The.City shall encourage the use of water consenring p(ants landscaping for both public and
private projects (Policy EN-33, ACP). .
Pofrcies within the Shoreline Management Program are also applicable to any future
development of the subject property. '
' 6. Anfmals < Concur,with the checklist. -
Policies within the Shoreline Management Pragram are atso appticabte to any future
development of the subject property. - -
6. Energy and Na#ural Resources
Concur. with the checklist.
7. 'Env[ronmenta! Health T Concur with the checklist. 8. Land and Shorelfne Use The §ite is currently developed with 30 apartment units and surtace parking. The, adjacent,
properties are developed multi-family to fhe north, single family residential to the south antl -
west, and the Green River is the east Existing zoning for the site is R-10 (Residential 10 `
• du/acre) with the proposal rezoning to R-20 (Residentia120 du/acre} if the map amendment is ,
approved. The cbmprehensive plan designation is Moderate Density Residentta( with the '
proposal to change to High Density Residential:
The property is adjacent•to the Green River (200 foot Shoretine Management area) and
designated Shoretine Residential. The.ptoperty is:also within the 104 foot bufferfor the critical
area associated with the shoreline.
Adjacent zoning: North: R-20 (Residential 20 dWacre)
• South: R-7 (Residential 7 du/acre) -
• Easfi: Green River
• West: R-7 (Residential 7 dulacce) 9. HousEng
Concur with the checklist
Page 4 of 9 .
Final Staff Evaluation for Environmental Checklist SEP09-0019 -
10. Aesthefics . .
Concur wifh_the checklist; however, if a developmen# proposal is:submitted fo expand the
existing use;then the new construction shall comp[y with the City's adopted Mui#i-t'amily design standards.
Applicable policies adopted and designated as a basis for the exercise of substantive auEhority
. under SEPA to approve, conditfon or deny propased actions are:noted as follows: ~
The City. shaif encourage development, which maintains and improves the existing
aesthetic character o# the community. (Policy UD-1, ACP)
The visual impacts of large new developments should be a priority consideration in their
review and approval. (P(Aicy UD-9, ACP) .
. All new devefopment, shall be required to. underground on-site utility distribution, senrice and
telecommunication lines (Policy UD-12, ACP).
71. Light'and Glare .
Concur with the checklist. 12. Recreation Concur with the checklisf with the addition that.the.subject property is adjacent to tFie,Green
River.
Applicable poficies adopted and designated as a:basis forthe exercise of substantive authority .
under SEPA to approve, condikion or deny proposed actions are nated as follows: ~ .
Encourage pedestrian-oriented design features in atl development (7R-37, ACP). . . ,
The Aubum Park and Recreation Plan, as may be amended or updated in the. future is
hereby adopted and incorporated as part of the Aubum Comprehensive Plan (Policy PR-1,
• . ACP). , The Ci#y shall evaluate the Fmpacts of new development. on parks and recreational ,
resources through the SEPA environmental review process, and shall take appropriate
steps to mitigate significant adverse impacts (Policy PR4, ACP). - ,
The City recQgnizes the important recreational and'transportation roles pEayed by local and
. regional trail systems. The City shall 'continue to develop a system of separated trail
facilities to move residents through our community and to adjoining communities.. The local .
system should be designed to link up with regional traifs and designafed bicyc[e routes on
roads. Safe routes afong existing and proposed roadways should be improved and marked
for cyclists. The City sfiould continue to work with King Coun#y and- other jurisdicfions to
tnaintain existing facili#ies and. improve non-motorized transportation links (Policy PR-S,.
ACP) . The City shall seek fo retain as open space those areas having a unique combination of ~
open space values, including: separation or buffering between incompatible land uses;
visual delineation of the City or a distinct area or ne9ghborhood of the -City; unusually,
productive wildlife habitat; wetlands; floodwater or sformwater storage; stormwater
Page 5 of 9
Final Staff Evaluation for Environmental CheclclisE SEP08-0019
, treatment; recreational value; historic or cuftural value; aesthetic value; and educational
value (Policy PR-7, ACP).
The City sha[I seek to re#ain as open space those areas that provide essentiat habitat for
any rare, threatened orendangered plant or wildlife species (Policy PR-9, ACP).
The City shall seek to aoquire open space lands, which provide significant environmental or
social vatue. Such open space shall be managed to conserve and improve the na#ural,
visual, historic and cultural resources associated with the land (Poficy PR-10, ACP).
13. Hlstoric and Cutturat Preservation A historic and cultural resources study has not been prepaeed for the site-as this is a non-project
action: , The state' of Office of Archeology and Historic Preservation is nofified of the SEPA
determination.. Also, if a devefopmenf proposal is submitted fo the City for review, a histodc and .
- cultural resources assessment wifl be made. .
Applicable po[icies adapted 'and designated as a bdsis for the exercise of 5ubstantive authority '
under SEPA to approve, condition or deny proposed actions are noted as follows:
The City - shall encourage the protection, preservation, recovery and rehabilitation of
significant archaeological-resaurces and historic sites. (Poficy HP-1, ACP)
The Cify shall consider the impacts of new developmenf -on histarical resources as a part of
- its environmental review process and require any apprapriate mitigating measures. (Policy
.
HP-3, ACP)
The City recognizes that the region's history began before the arrival of settlers to the area
and should:accord the -same levels of promotion and protection to Native American sites and
artifacts as to those of the more recent past. (Policy HP-7, ACP)
44., Transportation Concur with the checklist . ' Applicable policies adopted_and designated as a basis for the exercise of substantive authority • , , under SEPA to approve, condfion or deny .proposed actions are noted as follows:
New, , development shall not be allowed if an LOS is below the LOS standard -before
development or when the impacts of the new. development on the transportation system
. degrades the LOS to below the LOS standard, unless the condition is remedied concurrent .
with the development 'as described in Chapter Six of the Comprehensive Transportation
Plan (Policy TR-17, ACP). The term "below the level of senrice standard" shafl appty to situations where traffic
attributed to a development results in any of the following: a. An unacceptable increase in hazard or safety on a roadway. .
b. An increase in congestion that constitutes an unacxeptable adverse environmentaf
impact under the State Environmenta! Policy Act. -
c. A reduction of any of the three levels of service below the follawing level of service
standards:
Page 6 af 9
Final Staff Evaluation for Environmental Checkiist SEP09-0018
1. Arterial Corridor LOS: The Level of Service standard for each arterial corridor
. !S ~"D"
2.a. Signalized Intersection LOS: The [evel of service. standard for signalized
intersections is L03 "D", except for those infersections currently below LC)S "D" per Figure 7.1 a where their existing LOS as shown is the adopted-
standard:
2.b. Unsignalized Intersection LOS: The levef of service standard for these
intersections, measured' as if it were signalized, shali be level of service "D°. A
traffic signal warrant anaiysis will be conducted, as necessary, #o determine if
. a signa) should be installed_
3. Roadway Link (Capacity) LOS: The arterial link (capacity) LOS stanclard for
each arteria) tink is LOS_"D°, except for collector residential arterials. The,link
LOS standards for collector cesidential arterials are "C° (Poficy TR-18, ACP).
' The City shall continue to require developers of new . developments to canstruct -
transportation systems that serve their developments. The Cify shall also explore ways for
' new developments, tb encourage vanpoofing, carpooling, public'transit use, and ofher
alternatives.to SOV travef (Policy TR-21, ACP).
Improvements. tha# serve new develapments wiA be constructed as a part of the
development process. All cosfs wil[ be bome by the development when the development is
served by the proposed new streets. 1n some ins#ances, the City may choose to participate
in this constructian where improvements serve.more than adjac:ent developrnents. The City
. wifl encourage the use of LIDs, where appropriate and financially feasble, and'to facitita#e
theic development. The City will consider cleveloping a traffic impact fee system (Policy TR- '
23, ACP). - Improvements that upgrade existing streets are considered to benefit the abutting proper#y,
and such improvements should be funcled by the abufting property owners: Some,City
participation may be appropriate to encourage the formation of LIDs in particular problem
areas (Po[icy TR-24, ACP}.
Revenues for street improvements should primariiy provide for the orderly development of
the general traffic flow.in compliance with the six-year street plan:, The basic: criterion for
, such funding should be the degree to which that project,improves the general traffic flaw
and not the benefit fha# might accrue to properties. Use o#. revenues to encQUrage
formation of LIDs should be of oniy secondary -concern, and should be considered
appropriate only when used to address particularly significanf traffc prob(ems. UWhere it is
possible to establish a direct relationship between ; a needed improvement and a
development, the development should be expected to contribute to its construction (Policy TR-25, ACP). .
.
City street standards shall generally provide for sidewalks on both sides of the street (Policy
TR-44, ACP).
An efficient transportation system seeks ta spread vehicle movements over a series of
pfanned sfreets. The goal of the system is #o encourage connectivity while prevenfing
unacceptably high traffic vo(umes on any one street. Ample altematives shoufd exist`to
accommadate access for emergency vehicles. For these reasons the City wiil continue to
plan a series of colfec#or-arterials and arterials designed to national standarcls to provide
efficient service. to the community. Arnple aftematives should also exisf to accornmodate
Page 7 of 9
Finat Staff EvaluaHon for Environmental Checklist SEP09-0019
non-motorized transportation on collector-arteriafs and arterials, on local roads within arid
between subdivisions, and on non-rnotorized pathways.
C. Access to existing areas:
, .
To promate efficierrt connectivity befween areas of ifie community, existing stub end streets
shafl be linked to other streets in new development whenever the opportunity arises.
D: Asxeptable traffic volumes:
Projected #rip generation shall be calculated based on the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. (Policy TR 13, ACP).
13. Public Servlces .
Concur with the check(ist 16. Uti[ities
~Concur with the checklist.
Applicabie poficies adopted and.designated as a basis for the exercise of substantive authority
under SEPA to approve, condition, or deny proposed actions are nated as follows: , The City shall require devefopers to construct storm drainage improverrrents directly serving
the devefopment, including any necessary off-site improVements. (Policy CF-38, ACP)
The City shall require that. starm drainage improvements needed to serve new t(evefopment
shall be built prior to' or simuttaneous with such development,, according to the size and
configuration identified by the Drainage Pian and Comprehensive Plan as necessary to
_ serve future planned development. The location and design of these facilities shall give full
consideration to the ease of operation and maintenance of. #hese facilities by the City: TYse
City should continue to use direct participation, LIDs and payback agreements to assisf in
the financing of off-site improvements required to serve the development. (Policy CF-39,
ACP) .
tndividual deve(opment projects shall provide the following minimai improvements in accordance wifh established City standards: • •
a. Full standard sfreets and sidewalks in compliance with the Americans witF► Disabilifies
Act. '
b. Adequate off street parkmg for employees and patrons.
c. Landscaping. d. Starm drainage. ' .
e. Water. f. Sanitary sewers. •
g. Con#rolled and developed access to existing and proposed streets. (Policy LU-106,
ACP)
C.. Conclusion: Pursuant to growth and environmenfal poiicies of the City's Comprehensive
Plan:
The growth impacts of maJoc. private or public development which place significant
. service demands on community facilities, amenities and senrices, and impacts on the
Page 8 of 9 . ' ' .
Final 3taff Evaluation f& Environmentai Checklist SEP09-0099
City's general quality of life shall' be carefully studied under the prQVisions of SEPA priot
- to developmenf apptoval. Siting of.-any major development Cncluding public facilities
such as, but not limifed to, salid waste- processing facilities and landflls) sfiall be .
careful(y and thoroughly evafuated through.provisions of SEPA prior to project,approval,
conditionat approval, or denial. Appropriafe mitigating measures to ensure conformance
. withthis Ptan shall be required. (Policy GP-6, ACP)
Based on this analysis, the proposal can be found to not have a: probable significant adyerse
irnpact on the environment and a Determination of Noh-Significance (DNS) is the appropriate
determination.
'The City: reserves the right to review any future revisions or alterations to #he site or to the .
_ proposal in order to determine the environmental significance or non-significance of the
project:at that point in fime.
Page 9 of 9
Exhibit 7
Number of Pages 1
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Exhibit 8
ORDINANCE NO. 6 2 8 0 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY - OF AUBURN, WASHINGTON, RELATING TO PLANNING; ADOPTING COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENTS PURSUANT TO THE PROVISIONS OF
REVISED CODE ' OF WASHINGTON (RC1i1) CHAPTER
36.70A ,
WHEREAS, the City, of Aubum 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 Aubum adopted Comprehensive Plan Amendments by Resolution No..2635 to ;comply with the Washington State -
Growth Management Act; and _
WHEREAS, the City of:Aubum on September 5,,1995 reaffirmed that action
by Ordinance No. 4788; and WHEREAS, the City of Auburn published in the, Seattle Times and Aubum
Reporter an advertisement that the City is accepted comprehensive plan amendment
applications and established a deadline for submittal of June 19, 2009; and
WHEREAS; the City of Aubum received four private initiated amendments,
three map amendments and one"text amendment; :and .
WHEREAS, the text amendment was withdrawn; and_,
WHEREAS, Comprehensive, Plan map and text amendments were processed
by the, Planning, Building, and Community. Department as proposed Year 2009 .
amendments to the City of Aubum Comprehensive Plan; and
Ordinance No. 6280
December 7, 2009 '
Page 1
WHEREAS, maintaining a current Comprehensive Water Plan is required in
orderto meet regulations of the Washington State Department of Health under WAC
246-290-100 and requirements of the Growth Management Act; under RCW 36.70A;
and WHEREAS, maintaining a current Comprehensive Sewer Plan is required in
order to ;meet regulations of the Washington State Department of Ecology, under
RCW 90.48.100 and WAC 173-240-050 and requirements of the Growth
Management Act under RCW 36.70A; and
. WHEREAS, the updated Comprehensive Stormwater Drainage Plan is
intended to Ireplace the 2002 plan; and - WHEREAS; the City of Aubum is updating its Comprehensive Transportation
Plan in order to address the annexation of Lea Hill and West Hill; and
WHEREAS, the enVironmental impaefs of the Year 2009 Comptetiensive Plan
amendments were . considered in accordance with procedures of the State
Environmental Policy Act; and WHEREAS, the proposed amendments were. transmitted to ttie Washingfon
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 Aubum Planning Commission on
Ordinance No. 6280
December 7, 2009
Page 2
September 9,.2009, October 6, 2009, and November 4, 2009 conducted pubfic
hearings on the proposed, amendments; and WHEREAS, at the pubfic hearing the Aubum City Planning Commission heard -
public testirnony and took evidence and exhibits into consideration; and
WHEREAS, thereafter the Aubum . City Planning Commission made
recommendations to the City Council on the proposed Year 2009 Comprehensive
Plan map and text amendments; and
~ WHEREA8, on November, 16, 2009 the Public Works Committee of the.
Aubum City Council reviewed the Planning Commission's recommendations; and
WHEREAS, on.November23, 2009 the Planning and Community
Development Committee of'the Aubum City Council made a recommendation to the
City Council; and .
. WHEREAS, on. December 7, 2009, the Aubum City Council considered the _
proposed Comprehensive Plan amendments as recommended by the City of,Aubum
Planning Commission;
NOW, THEREFORE, THE CITY COUNCiL OF THE CfTY OF AUBURN, .
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 'B. The 2009 Comprehensive Plan city-initiated Map Amendments
are -adopted and approved as set forth in Exhibit "A" attached hereto and;
incorporated herein by reference. The City Clerk is directed that they be filed along
with this Ordinance and be available for public inspection.
Ordinance No. 6280
December 7, 2009 -
Page 3
Section 2. The 2009 Comprehensive Plan Text Amendments including the
four school district Capital Facilities Plans, City of-Aubum Capital Facilities Plan; City
of Aubum Comprehensive Transportation Plan, City of Auburn Comp'rehensive
Storm Drainage Plan, and amendments to various chapters in the Auburn
Comprehensive Plan are adopted and approved as set forth in Exhibit "B" attached
hereto and incorporated herein by -reference. The City Clerk shall file them along with
this Ordinance, and keep them available for public inspection Section 3. The City of Auburn 2009 Comprehensive Water Plan is adopted
and approved as set forth in Exhibit "C" attached hereto and incorporated herein by
reference pending approvaFfrom the Washington State Depactment of Health. City
staff is hereby authorized-to make minor changes to the approved ComprehensiveWater P1an based on comments received from the Washington State Depacfinent of.
Health. Substantive changes. shall be approved by the Aubum City Council. .
Section 4. The 2009 Comprehensive Sewer Plan _is adopted and approved
as set forth in Exhibit "D" attached hereto and incorporated herein -by reference, .
, pending comments received from, the Washington State Department of Ecology and
King County. City staff is hereby authorized to make minor changes to the approved
Comprehensive Sewer Plan based on comments received from the Washington
State . Department of Ecology and/or King County. Substantive changes shall be
aPP Y ~ roved b the Auburn C'Y Council. -
.
Section 5. Application CPA09-0002, Lyden and Lyden Comprehensive: Plan
Map Amendment, requesting a land use change from Light Industrial to Light
Ordinance No. 6280
December 7, 2009 . Page 4
i
~
Commercial for property identified by parcel number 1221049020, is approved. The
Council: adopfs the Planning.Commission's recommendation dated October 6, 2009.
Section 6. Application CPA09-0004, Craig, Commercial Comprehensive
Plan Map Amendment, requesting a land use change from High Density Residential .
to Heavy Commercial for property identified by parcel number 5125400241, is -
approved. Council . adopts the Planning Commission's recommendation dated
Ocfober 6, 2009 and the findings and conclusions outlined in the staff report dated
November 30, 2009. Section 7: Application CPA09-0005, Riverside.:Village Comprehensive Plan
Map Amendment,. requesting a land use change from Moderate Density Residential
to High Density Residential for property identified by parcel number 1721059163, is
approved. Council adopts the Planning Commission's recommendation dated
Octotier 6, 2009 and the findings and conclusions.outlined in the staff report dated
November 30, 2009. Section 8. The 2009 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.
Section 9. The adopted Comprehensive Plan as amended are designated as
a' basis for the exercise of substantive authority under thel Washington State
Environmental Policy Act by the City's responsible environmental official in ,
l '
accordance with RCW. 43.21 C.060.
Ordinance No. 6280
December 7, 2009 .
Page 5 .
\ •
Section 70: 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. 11. The Mayor is . hereby -authorized to implement such
administrative procedu'res as: may be necessary to carry out #he directions of this
legislation to include incorporating into one document the adopted Comprehensive , Plan map and text amendments; attached hereto as Exhibit''A" and Exhibit "B" and
preparing and publishing the amended Comprehensive Plan.
Section 12. Section 3 of this Ordinance shall take effect and be in force upon
receipt of approval from the Washington State Department of Health. Section 4 of
. ,
this Ordinance shall fake effect and be in force upon receipf of approval from the _
Washington State Department of Ecology and King County. All other provisions of
, .
this Ordinance shall take effect and be in force five days from and after its passage,
approval, and publication as provided by .1aw. INTRODUCED: DEC ? 20DB
PASSED: DEC 7,2009 APPROVED: - ...T2009
• i
Peter B: Lewis MAYOR
Ordinance No. 6280
December 7, 2009
Page 6
,
ATTEST:
Dani Wle E. Daskam, . ,
City Clerk' APPROVED AS TO FORM:
niel B. Heid, , . •
City Attomey
Published: g
Ordinance No. 6280
_ December 7, 2009 - '
Page 7