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Home My WebLink AboutITEM V-B CPA11-0002* NIL � ■ AGENDA BILL APPROVAL FORM Agenda Subject Date: October 25, 2011 CPA11 -0002, Segale Properties, LLC Comprehensive Plan Policy/Text ❑ Airport and Map Amendments ❑ Hearing Examiner Department: Planning and Attachments: P/T #11 & CMP #4- Budget Impact: N/A Development See separate section within ❑ Planning Comm. ❑ Other Comprehensive Plan binder Administrative Recommendation: Planning Commission to conduct public hearing and recommend to City Council approval of the Segale Properties, LLC Comprehensive Plan Policy/Text and Map Amendment, as amended. Background Summary: APPLICANT /OWNER: Mark Seagale and Jami Balint Lisa Atkins Segale Properties, LLC c/o Seagle Properties, LLC P.O. Box 88028 P.O. Box 88028 Tukwila, WA 98038 Tukwila, WA 98038 REQUEST: CPA11 -0002: CPM #4 Map Amendment for the addition of seven parcels to the Stuck river Road Special Plan Area that are owned by the property owner of the other parcels within the Stuck river road Special Plan area and are adjacent to the current boundaries. P/T #11 Revision to the description and purpose of the Stuck River and Mount Rainier Vista Special Plan areas, Chapter 14, Land Use Map. LOCATION: The seven parcels are location within Section 32, Township 21 North Range 5 East, W.M. and are identified as 3221059001, 3221059002, 3221059003, 3221059004, 3221059008, 3221059024, and 3221059026. EXISTING ZONING: R5, Single Family Residential District COMPREHENSIVE PLAN DESIGNATION: Single Family Residential SEPA STATUS: A Determination of Non - Significance (DNS) was issued on October 3, 2011 under City file # SEP11 -0021. The comment period ended October 17, 2011 and appeal period ended October 31, 2011. Reviewed by Council & Committees: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Airport ❑ Finance ❑ Hearing Examiner ❑ Municipal Services ❑ Human Services ® Planning & D ❑ Park Board ❑ Public Works ❑ Planning Comm. ❑ Other Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Referred to Tabled Reviewed by Departments & Divisions: ❑ Building ❑ M &O ❑ Cemetery ❑ Mayor ❑ Finance ❑ Parks ❑ Fire ® Planning ❑ Legal ❑ Police ® Public Works ❑ Human Resources Call for Public Hearing Until Until Councilmember: Staff: Dixon Meeting Date: November 9, 2011 Item Number: Page 1 of 8 AUBURN* MORE TH A N YOU IMAG1 N ED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policv /Text & Map Amendment A. Findings The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the Washington State Growth Management Act (GMA) requirements, as amended. The Auburn Comprehensive Plan has been amended annually each year since. 2. Comprehensive plan amendments can be initiated by the City of Auburn (city- initiated) and by private citizens (privately- initiated). The City received one privately initiated comprehensive Plan map amendment and one combined comprehensive plan map and policy /text amendment by the submittal deadline of June 10, 2011. 3. This staff report and recommendation addresses comprehensive plan policy /text amendments P/T #11 and map amendment CPM #4, the Segale Properties LLC. request. The other private application is addressed separately. 4. Comprehensive plan amendments are initially reviewed during a public hearing process before the City of Auburn Planning Commission, who then provides a recommendation to the City Council for final action. City Council consideration and action on the amendments will occur prior to the end of this year. 5. RCW 36.70A.130 (The Washington State Growth Management Act (GMA)) provides for amendments to locally adopted GMA comprehensive plans. Except in limited circumstances provided for in State law, comprehensive plan amendments shall be considered by the city or county legislative body no more frequently than once per year. The annual limitation and exceptions are also restated in city code at ACC 14.22.060. 6. The City of Auburn established a June 10, 2011 deadline for the submittal of privately - initiated comprehensive plan applications (map or policy /text amendments). Notice to the public of the filing deadline was provided on the City's website, the Seattle Times, and sent to a compiled notification list. The City received one privately initiated comprehensive plan map amendment and one combined privately- initiated map and policy /text amendment by the deadline. 7. A Determination of Non - Significance (DNS) was issued for the Comprehensive Plan Amendments including this amendment on October 3, 2011 under City file # SEP11 -0021. The comment period ended October 17, 2011 and the appeal period ended October 31, 2011. As of the writing of this report no comments have been received or appeals filed. 8. Auburn City Code Chapter 14.22 outlines the process for submittal of private initiated amendments and the processing of comprehensive plan amendments as follows: Section 14.22.100 A. The planning commission shall hold at least one public hearing on all proposed amendments to the comprehensive plan. Notice of such public hearing shall be given pursuant to Chapter 1.27 ACC and, at a minimum, include the following: 1. For site - specific plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within a radius of 300 feet of the proposed map amendment request, not less than 10 calendar days prior to the public hearing; Page 2of8 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policv /Text & Map Amendment 2. For area -wide plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within the area subject to the proposed amendment; c. Notice shall be posted in at least two conspicuous locations in the area subject to the proposed amendment not less than 10 calendar days prior to the date of the public hearing. B. Notwithstanding the above, the director may expand the minimum noticing provisions noted above as deemed necessary. C. Planning Commission Recommendation. The planning commission shall conduct a public hearing on all potential comprehensive plan amendments and shall make and forward a recommendation on each to the city council. The planning commission shall adopt written findings and make a recommendation consistent with those findings to the city council. D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings and adopt said amendments by ordinance. E. State Review. All comprehensive plan amendments considered by the planning commission shall be forwarded for state agency review consistent with RCW 36.70A.106. F. Any appeal of an amendment to the comprehensive plan shall be made in accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.) 9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in this agenda bill were sent to the Washington State Office of Commerce, formerly the Department of Community, Trade and Economic Development (CTED) and other state agencies as required for the 60 -day state review on October 3, 2011. The Washington State Office of Commerce acknowledged receipt on October 4, 2011. No other comments have been received from Commerce or other state agencies as of the writing of this report. 10. Due to the nature of the city- initiated map amendments and the city- initiated policy /text amendments and the receipt of only one privately initiated map amendment and one combined policy /text and map amendment, the optional process for a public open house was not conducted. 11. The public hearing notice was published on October 28, 2011 in the Seattle Times at least 10 -days prior to the Planning Commission public hearing scheduled for November 9, 2011. 12. Public notice was also provided to property owners within 300 feet of the subject site and the property was posted with a land use notice board that includes the public hearing notice. 13. The following report addresses both plan amendments; it identifies the comprehensive plan policy /text amendments P/T #11 and map amendment CPM #4, for the Segale Properties LLC scheduled for the Planning Commission's November 9, 2011 public hearing with a staff recommendation. Policy /Text Amendment P/T #11 and Map Amendment CPM #4 — Staff Analysis 1. The applicant submitted a comprehensive plan policy /text amendment and map amendment application on June 10, 2011 by the submittal deadline of June 10, 2010. The application was submitted for the purpose of initiating the process for development a special area plan. Page 3of8 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policv /Text & Map Amendment The preparation of this special area plan document is expected to extend into next year and not be completed this year. This year some refinements of the Comprehensive Plan are proposed to lay the groundwork for future efforts. The current change consists of two interrelated requests: a. comprehensive plan policy /text amendment request seeks to modify the discussion of the "Stuck River Road" and "Mount Rainer Vista" special planning areas discussion within Chapter 14; Comprehensive Plan Map, and b. revise Map 14.1, Comprehensive Plan Map and Map 14.2 Special Plan Areas to expand the boundary by adding seven parcels to the Stuck River Road Special Plan area in the same manner on each map. 2. The application was submitted by Jami Balint, Attorney for Segale Properties, LLC on behalf of Segale Properties, LLC and Lisa Atkins, Property Owners. 3. The proposed policy /text amendments P/T #11, are found at pages 14 -20 through 14 -22 within Chapter 14, Comprehensive Plan Map. The changes generally include the following: a. Refer to the subsequent plan preparation as a "sub -area plan" rather than "element' of the Comprehensive Plan. b. Eliminate the reference to the maximum number of dwelling units to be allowed and revise wording to instead determine the appropriate number of dwelling units as part the special area plan development process with public input. c. Revise wording to refer to future stormwater management within the special plan area to be consistent with city standards rather than discharging to Bowman Creek and to the city stormwater facilities as current wording does. d. Acknowledge that the two designated special plan areas (the Stuck River Road and Mount Rainer Vista) may be coordinated and developed jointly since they are contiguous. e. Revise wording to recognize that land uses could be different in the future as part of the special area plan preparation process and include commercial, institutional, industrial and recreational uses in addition to residential uses that area already described. f. Change wording to indicate that active gravel mining is continuing within the special plan areas. The gravel mining is expected to continue for several years into the future. 4. The proposed map change, CPM #4, proposes to revise both, Map 14.1, "Comprehensive Plan ", and Map 14.2, "Special Plan Areas ", to expand the boundary of the Stuck River Road Special Plan area to the southwest by adding seven parcels. As both these maps show the special plan area, the same change affects both maps. The following map shows an expanded view of the change on Map 14.1 "Comprehensive Plan ". Page 4of8 AUBURN* MORE TH A N YOU IMAG1 N ED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policv /Text & Map Amendment 2 011 C ornprehensive Pi kin N1 ap Amendment CPA 11- G2 !STUCK % r .y w�.su..rurair �st...o. IWO31+M Page 5of8 AUBURN* MORE THAN YOU IMAGI N ED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policy /Text & Map Amendment 5. The purpose of the comprehensive Plan 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. " 6. The City code provides certain criteria for decisions for comprehensive plan amendments. "ACC 14.22.110 Decision criteria for plan amendments. A. The comprehensive plan was developed and adopted after significant study and public participation. The principles, goals, objectives and policies contained therein shall be granted substantial weight when considering a proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with and /or relates to the following decision criteria: 1. The proposed change will further and be consistent with the goals and objectives of the plan and the plan will remain internally consistent; 2. Whether the capacity to provide adequate services is diminished or increased; 3. Assumptions upon which the comprehensive plan is based are found to be invalid; 4. A determination of change or lack of change in conditions or circumstances has occurred since the adoption of the latest amendment to the specific section of the comprehensive plan that dictates the need for a proposed amendment; 5. If applicable, a determination that a question of consistency exists between the comprehensive plan and Chapter 36.70A RCW, the countywide planning policies for either King and /or Pierce County, as appropriate, and Vision 2040: Growth and Transportation Strategy for the Puget Sound Region." 7. The first criterion is that the change must further and be consistent with the goals and objectives of the plan and the plan will remain internally consistent. Many of the designated special plan areas do not have an established mapped land use designation (such as low density residential or Light Industrial). Essentially, the map is left blank. The purpose of the special area plan process is to determine the appropriate land use designation (and color) to be applied to the properties. The Comprehensive Plan provides the following general guidance on special area plans: "Purpose: To allow large areas within the City, under a single or a coordinated management, to be developed as a planned unit. This designation can also be used to provide flexibility when there is uncertainty regarding how an area may be most appropriately developed in the future. Page 6of8 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policv /Text & Map Amendment Description: This designation applies to specific areas identified as being appropriate for mixed, urban level development on a planned basis. It is intended that the future development of these areas will be guided by individual "elements" or "sub -area plans" of the Comprehensive Plan, to be developed and adopted at a later date. The Plan elements should be consistent with the following. Compatible Uses: Uses and intensities within Special Planning Areas shall be determined for each area through individual planning processes. Each individual planning process will result in the adoption of a Comprehensive Plan element (sub -area plan) for that particular Special Planning Area. Each Plan element shall be consistent with the general goals, objectives and policies of the Comprehensive Plan." In the Comprehensive Plan document, this general explanation of the purpose of the Special area plans is followed by a narrative description of each individual special plan area. The proposed Comprehensive Plan text amendments seek to clarify or augment the current description of the Stuck River Road and Mount Rainer Vista special plan areas to more accurately reflect the current circumstances of property ownership, mining status and to provide greater flexibility in the future preparation of the special area plan, such as determining appropriate land uses and the amount of development. The changes promote the future study to be undertaken as part the special area plan document development. The proposed changes are consistent with the overall Plan and there will be a need to ensure that future changes also remain consistent. The proposed map change, as amended by the staff recommendation, also remains consistent with the comprehensive plan. The map change proposes to make a special plan area larger to encompass seven parcels that are under the same ownership as a majority of the parcels within the special plan area designation. Typically, the special area plan preparation takes into account the nature and development status of surrounding uses. The change expands the boundaries without affecting consistency. The change increases coordination of properties under the same ownership. 8. The second decision criterion is that the comprehensive plan amendment must not diminish or increase the ability to provide adequate services. The proposal to change the Comprehensive Plan text and map amendment is general in nature and does not affect the ability to provide adequate services. 9. The third decision criterion is that the assumptions on which the comprehensive plan is based are found to be invalid. While not completely invalid, the proposed Comprehensive Plan text amendments seek to clarify or augment the currently description of these specific special plan areas to more accurately reflect the current circumstances of property ownership, mining status and to provide greater flexibility in the future preparation of the special area plan, such as determining appropriate land uses and amount of development. The changes are designed to facilitate the future study to be undertaken as part the special area plan document development. The map change also does not affect validity. The changes are for the purpose of increasing the accuracy and providing greater flexibility. This criterion in this circumstance does not relate well to the circumstances of this amendment application. Page 7of8 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: CPA11 -0002 Segale Properties LLC Comprehensive Date: October 25, 2011 Plan Policv /Text & Map Amendment 10. The fourth decision criterion is that there has been a change or lack of change in conditions or circumstances has occurred since the adoption of the latest amendment to the comprehensive plan that dictates the need for a proposed amendment. The change is needed since this reference has not been updated to reflect progressive and alternate ways of managing stormwater runoff, such as infiltration into the ground that are provided for in the city's stormwater standards. The change is also needed to provide flexibility in land uses and number of dwellings to recognize the increased prominence and public acceptance of mixed use development projects such as planned communities. Again, the proposed Comprehensive Plan text amendments seek to clarify or augment the currently description of these specific special areas to more accurately reflect the current circumstances of property ownership, mining status and to provide greater flexibility in the future preparation of the special area plan, such as determining appropriate land uses and amount of development. The changes are designed to promote the future study to be undertaken as part the special area plan document development. The map change is proposed to reflect the circumstance of ownership that may have changed since the time of the original establishment of the special area plan boundaries. The changes are for the purpose of increasing the accuracy and providing greater flexibility. This criterion does not relate well to the proposed amendments as the changes are of general benefit. 11. The fifth decision criterion is that the change must be determined to be consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of the relevant county and "Vision 2040: Growth and Transportation Strategy for the Puget Sound Region ". The text changes proposed will continue to be consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King County and "Vision 2040: Growth and Transportation Strategy for the Puget Sound Region ". The proposal is consistent because it does not change the ability to conduct land use studies to determine the general nature of allowed land uses. The map changes also will remain consistent with the regional land use policy guidance. Staff Recommendation Planning Commission recommend to City Council approval of the Segale Properties, LLC Comprehensive Plan Policy /Text Amendment and Map Amendment. However, staff recommends that the map amendment also include parcel number 3221059031 that is contiguous to the other parcels subject to this request and avoids an isolated parcel on the east side of Kersey Way SE that is surrounded by the special area plan designation on three sides and Kersey Way SE on the fourth. It is appropriate to include this parcel to make logical boundaries of the special plan area and since it is also owned by Lisa Atkins, Applicant. The applicant has confirmed it is appropriate to include this parcel. Page 8of8 AUBURN* MORE THAN YOU IMAGINED RECEIVED SEP 0.1 201f CITY OF - WASH INGTON Plaimifag, Bitildhig, acid Comma mity Depaj tmeiit MASTER LAND USE APPLICATION— PLANNING APPLICATIONS Project Name Stuck River Road Special Plan Date June 8, 2011 Parcel No(s) See Attachment Site Address NIA Legal Description (attached separate sheet if necessary) See Attachment Applicant Name: Segale Properties LLC Mailing Address:P.O. Box 88028. Tukwila, WA 98038 Telephone and Fax: Ph. 206-575-2000 Fax206- 575 -1837 Email: ibalint ..segaleprooerties.com Signature: Owner (if more than one attach another street) Name: Segale Properties LLC and Lisa Atkins Mailing Address: P.O. Box 88028 Telephone and Fax: 206-575-2000 Email: jbalint(a),segaleproperties.com Signature: Engineer /Architecture /Other Name: Mailing Address: Telephone and Fax: Email: Description of Proposed Action: Special plan for Stuck River Road and Mount Rainier Vista Special Planning Areas Type of A r placation Required Check all that Apply) Administrative Appeal* Administrative Use Permit* Annexation* Boundary Line Adjustment Comprehensive Plan Amendment (Text or Map)* Conditional Use Permit* Critical Areas Variance* Development Agreement* Environmental Review (SEPA)* Final Plat Preliminary Plat* PUD Site Plan Approval Reasonable Use Exception* Rezone (site specific)* Area Wide Short Plat Special Exception` ;Special Home Occupation Permit* Substantial Shoreline Development* Surface Mining Permit* Temporary Use Permit Variance* *Please note that public notification is required. A separate cost is charged for the signs. City prepares signs but applicant responsible for sign posting. V Page 1 of 2 AUBURN *MORE THAN YOU IMAGINED CITY OF �' + .�_ U�U1 N WASHINGTON Planning, Building, and Cofrttnrsrrrty Department LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) I, Lisa A# ins , being duly sworn declare that I am the owner of the property (PROPERTY OWNER) Involved in the application. f hereby grant JamL. Bali.nt and/or Mark Segale of 5egale Properties UC to act on my behalf. I further declare that all statements, answers, and information herein submitted is in all respects trine and correct to the best of my knowledge and belief. Signature J'�M �VInG . S E I�Vbvp -n Wft 'I8(:�I2 Address Subscribed and sworn to before me this a3 r'� day of Notary Public in and for the State of W Residing at r "'4n �;Ah 043 '� 'rrrntNU,a *`� g �?aD/1 Da e Page 2 of 2 AUBURN* * MORf THAN YOU IMAGINED r !I S EGALE PROPERTIES A LIMITS 1) LIABILITY COMPANY COMMERCIAL . INDUSTRIAL . AGRICULTURAL • NATURAL RESOURCES RECEIVED JUN 10 2011 GI lY OFAUSURN June 9, 2011 PERMIT CENTER Kevin Snyder, Planning Director CITY OF AUBURN Planning and Development Department 25 West Main Street Auburn, WA 98001 Re: 2011 Comprehensive Plan Amendment Dear Kevin: Segale Properties LLC C "Segale ") would like to formally request the initiation of a special planning process for the areas ]mown as "Stuck River Road" and "Mount Rainier Vista" Special Plan Areas. The "Stuck River Road" and "Mount Rainier Vista" Special Plan Areas are formally designated in the City of Auburn Comprehensive Land Use Map; however, the City has not created special plans for these areas. The property that entails the "Stuck River Road" and "Mount Rainier Vista" Special Plan Areas includes the parcels listed on the attached Exhibit A. The current uses of the property include an active gravel pit, single - family residential and undeveloped land, The gravel pit is an active operation and there is no intention to cease activities until such time as the available minerals are depleted. Segale is interested in planning for near -term use of the properties as well as future use of the reclaimed gravel pit. Segale visions a planned unit development -type project with a variety of residential, commercial and public uses. We look forward to working with your staff in creating a plan that will provide a clear vision for establishment of a unique and attractive area that is served with all necessary infrastructure. Very truly Yours, SEG4LE PROP IES LLC M PO Box 88028 • TUKWILA, WA 98138 ■ 5811 SEGALE PARK DRIVE C + TUKWILA, WA 98188 P 206.575.2000 ■ ( 2 0 6. 5 7 5. 1 8 3 7 • w w w. s e g a l e p r o p e r t i o s. C o M Parcels 2921059006 2921059002 2821059010 2821059028 2921059022 2921059053 2921059019 2921059044 2921059006- 3221059005 3221059008 3221059003 3221059004 3221059031 3221059024 3221059026 3221059050 3221059007 3221059039 3221059042 Exhibit A Stuck River Road & Mount Rainier Vista .Special Planning Areas Parcel Numbers RECEIVED JUN 10 2011 CITY OF AUBURN PERMIT CENTER S ECiA l.E PR 0 P E RTI ES A LIMITED LIABILITY COMPANY COMMERCIAL • INDUSTRIAL • AGRICULTURAL • NATURAL RESOURCES June 8, 2011 RECEIVED SEP 0 12011 Kevin Snyder Planning and Development 25 West Main Street Auburn, WA 98001 Dear Kevin, In June of this year, Segale Properties LLC ( "Segale ") requested the initiation of a special planning process for the areas known as "Stuck River Road" and "Mount Rainier Vista" Special Plan Areas. There ,, k. n are sj parcels that Segale would like to add to the City's current Comprehensive Plan map for "Stuck River Road" and "Mount Rainier Vista" Special Plan Areas. Segale would specifically like to add the following parcels: 3221059001 3221059002 3221059003 3221059004 3221059008 3221059024 3221059026 Each of the parcels Segale desires to have added to the special planning areas are directly adjacent to the existing mapped areas. Including the additional six parcels in the special planning areas will allow for coordinated and cohesive future use of the properties. We look forward to working with your staff in creating a plan that will provide a clear vision for establishment of a unique and attractive area that is served with all necessary infrastructure. Regards, S 7airlirn ties LLC J Po B O X 8 8 0 2 8 • T U K W I L A , WA 9 8 1 3 8 5 8 1 1 S E G A L E P A R K D R I V E C • T U K W I L A , WA 9 8 1 8 8 P 206.5 7 5.200 0 - F 266.5 7 5. 1 837 ■ w vivr. s e g a l e p r o p e r t i e s. c o m