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HomeMy WebLinkAbout10-17-2012 Agenda Packet HEARING EXAMINER October 17, 2012 5:30 pm City Council Chambers 25 West Main Street I. Case No: REZ12-0006 – Rezone / Terrace View Properties Applicant: Jon Cheetham, P.O. Box 8500, Covington, WA 98042 Request: Application for rezoning of two parcels from C1, Light Commercial, to C3, Heavy Commercial. One property is approximately 1.17 acres and the other property is approximately 1.1 acres in size. The property is located at 5680 A Street SE, Auburn, Washington (Parcel Nos. 3121059056 and 3121059010). Exhibit 1 Number of Pages 11 AGENDA BILL APPROVAL FORM Agenda Subject: REZ012-0006 – Terrace View Rezone Date: October 3, 2012 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the Terrace View Properties rezone. Background Summary: OWNER: Jon Cheetham, P.O. Box 8500, Covington, WA 98042 APPLICANT: Same as the owner REQUEST: Change in zoning of two properties, from C1, Light Commercial to C3, Heavy Commercial. One property is approximately 1.17 acres, and the other is approximately 1.1 acres in size. LOCATION: The property is addressed as 5680 A Street SE, Auburn, WA. PARCEL NUMBERS: 3121059056 and 3121059010 EXISTING LAND USE: The properties are currently vacant. COMP PLAN DESIGNATION: Heavy Commercial SEPA STATUS: A Determination of Non-Significance (DNS) was issued on September 9, 2011 for the Comprehensive Plan amendment for the subject property (SEP11-0009). No appeals were received. An addendum was issued (SEP12-0028) on September 27, 2012 for the rezone of the property from C1, Light Commercial, to C3, Heavy Commercial. No comments were received. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Taylor Meeting Date: October 17, 2012 Item Number: Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 2 of 11 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: Comprehensive Plan Zoning Land Use Project Site Heavy Commercial C1, Light Commercial The properties are currently undeveloped. North Light Commercial C1, Light Commercial This property is developed with a non-residential building and gravel parking areas. South Light Commercial C1, Light Commercial Rodarte Construction, a contractor yard specializing in water and sewer line and related structures construction, highway, street and bridge construction East Moderate Density Residential R7, Seven residential units per acre This property is steeply sloped and is undeveloped. West Single-Family Residential R5, Five residential units per acre Immediately west of the property is A Street SE, which becomes East Valley Highway immediately after this property. The property west of the street that is zoned R5, is the BNSF rail corridor. north Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 3 of 11 FINDINGS OF FACT: 1. Jon Cheetham applied for a rezone for two properties addressed as 5680 A Street SE, Auburn, WA (Parcel numbers: 3121059056 and 3121059010). 2. One of the parcels is approximately 1.17 acres (50,965 square feet) in size and is vacant land. The other parcel is approximately 1.1 acres (47,916 square feet) in size and is vacant land. 3. A Comprehensive Plan Land Use Map amendment was applied for on June 10, 2011 (CPA11- 0001). The applicant requested a land use change from Light Commercial to Heavy Commercial. 4. Planning Commission held a public hearing on the comprehensive plan amendment on November 9, 2011. Staff recommended the Planning Commission recommend approval to the City Council. A motion was made to approve the proposed Comprehensive Plan Map amendment. The motion carried 7-0 (Exhibit 8). 5. City Council considered the comprehensive plan amendment application during the December 5, 2011 meeting. A motion was made to change the land use designation from Light Commercial to north Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 4 of 11 Heavy Commercial. The motion carried 6-1 (Exhibit 9). The request to change the land use from Light Commercial to Heavy Commercial was approved by Ordinance No. 6394 (Exhibit 10). 6. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the Conclusions. 7. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. Pursuant to ACC 14.07.020 notice of application shall be given within 14 days of the determination of complete, and a 15 day comment period shall be observed. The application was declared complete on September 20, 2012. A combination notice of application and public hearing was issued and published in the Seattle Times on September 27, 2012; this combined notice was mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements (Exhibit 11). 8. The applicant filed an environmental checklist application that addressed the comprehensive plan amendment. On September 9, 2011, the SEPA Responsible Official issued a Determination of Non-Significance (DNS) for the comprehensive plan land use amendment (SEP11-0009). There were no comments received and no appeals filed (Exhibit 6). The applicant submitted an environmental checklist with the application materials. On September 27, 2012 the SEPA Responsible Official issued an addendum to the DNS to include the zone change (SEP12-0028). No comments were received on the addendum (Exhibit 7). 9. Per ACC 18.30.010 the intent and objective of the C-3 district classification and its application is to provide for the location of and grouping of enterprises which may involve some on-premises retail service but with outside activities and display or fabrication, assembling, and service features. This zone is intended to accommodate uses which are oriented to automobiles either as the mode or target or producing the commercial service. The uses enumerated in this classification are considered as having common or similar performance standards in that they are heavier in type than those uses permitted in the more restrictive commercial classifications. 10. As identified in ACC 18.30,020, -025 and -030, the C3 Heavy Commercial zone allows the following uses, where “P” is permitted, “A” is a use that requires an Administrative Use permit, and “C” is a use that requires a Conditional Use permit: P Arcades P Art, music and photography studios P Auction houses, excluding animals P Automobile parking facilities Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 5 of 11 P Automobile repair services P Automobile sales, new and/or used P Automobile and truck rental P Automobile service stations P Automobile washes P Bakery and pastry shops, products made must be sold at retail on the premises P Banking and related financial institutions P Bingo halls P Building contractor services, including storage yards P Bus passenger terminals P Caretaker apartments P Civic, social and fraternal associations P Commercial recreation P Dancehalls P Daycare, including home based, mini daycare, daycare centers, preschool or nursery schools P Delicatessens P Dry cleaning and laundry services P Equipment rental and leasing, does not include heavy construction equipment P Food locker services P Funeral homes P Grocery stores Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 6 of 11 P Health and physical fitness clubs P Hobby shops P Hospitals, to include small animal, but does not allow outside runs or kennels P Hotels P Laundry, self service P Liquor store P Lumber yards P Manufactured/mobile home sales lots P Massage parlor P Meeting rooms and/or reception facilities P Mini-storage warehouses P Motels P Motorcycle sales and service P Newsstands P News syndicate services P Personal service shops P Pharmacies P Printing and publishing P Professional offices P Radio and television broadcasting studios P Recreational vehicle parks P Recreational vehicle sales lots Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 7 of 11 P Restaurants P Retail stores and shops, including department and variety stores which offer for sale the following and similar related goods: 1. Antiques, 2. Art supplies, 3. Automobile parts and accessories, 4. Baked goods, 5. Beverages, 6. Bicycles, 7. Books and magazines, 8. Candy, nuts and confectionery, 9. Clothing, 10. Computers, 11. Dairy products, 12. Dry goods, 13. Flowers and house plants, 14. Fruits and vegetables, 15. Furniture and home furnishings, 16. Garden and farm supplies, 17. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper, and related goods, 18. Home garden supplies, 19. Household appliances, 20. Household pets, 21. Housewares 22. Jewelry and clocks, 23. Meat, fish, and poultry, preprocessed, 24. Notions, 25. Nursery and horticultural products, 26. Office supplies and equipment, 27. Photographic equipment, including finishing, 28. Radio, television, and stereos, 29. Shoes, 30. Sporting goods, 31. Stationery, 32. Toys; P Reupholstery and furniture repair P Schools, including art, business, barber, beauty, dancing, driving, martial arts and music P Secretarial services P Skating arenas P Storage warehousing, limited to being incidental to principal permitted use on property Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 8 of 11 P Suntanning beds P Taverns P Theaters, including drive-in P Truck sales, with repair as a secondary use P Other uses may be permitted by the planning director if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted in this section P Wine production facility; small craft distillery; small craft brewery; and tasting room P Sexually oriented businesses as provided in Chapter 18.74 ACC. (Ord. 6368 § 9, 2011; Ord. 5835 § 3, 2004; Ord. 5383 § 1, 2000; Ord. 4910 § 1, 1996; Ord. 4229 § 2, 1987.) A Any commercial use abutting a residential zone1 which has hours of operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m.; or Monday – Saturday: 7:00 a.m. to 10:00 p.m. A Multiple-family dwellings; provided, that 1,200 square feet of lot area is provided for each dwelling unit A Government facilities, this excludes offices and related uses that are permitted outright A Miscellaneous light manufacturing including toys, jewelry, ceramic, musical instruments and similar products, apparel and other finished products made from fabrics, leather, and similar materials, manufacturing of professional, scientific, and controlling instruments such as photo and optical goods, watch and clock manufacturing, and similar products, with retail sales of products manufactured on the premises A Nursing homes. (Ord. 6269 § 33, 2009.) C Semi-tractor and trailer sales C Utility substations C Heliports Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under Chapter 18.31 ACC. (Ord. 6269 § 13, 2009; Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996; Ord. 4590 § 5 D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.) Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 9 of 11 11. The C3, Heavy Commercial zone development standards including setbacks and lot requirements are contained in ACC 18.30.040. 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 a comprehensive plan amendment on June 10, 2011. The comprehensive plan amendment was processed as part of the 2011 annual amendments. The comprehensive plan map amendment was from ‘Light Commercial’ to ‘Heavy Commercial’. The applicant submitted an application for the rezone on September 17, 2012. The intent of the Heavy Commercial zone is identified in the findings above. The proposed rezone will change the current zoning from C1, Light Commercial, which has an emphasis on commercial development to C3, Heavy Commercial which has an emphasis on heavy commercial development. On December 5, 2011 the City Council approved the comprehensive plan amendment through Ordinance No. 6394 (Exhibit 10). The proposed zoning will implement several goals of the Comprehensive Plan including: Chapter 3 ‘Land Use’ - Goal 12. Urban Redevelopment To encourage redevelopment of underutilized areas to reduce sprawl and take full advantage of the City’s investment in existing infrastructure. Objective 9.3 To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use and traffic conflicts by: 1) Managing the continued commercial development of existing commercial arterials in a manner which minimizes traffic and land use conflicts. 2) Conserving residential qualities along heavily traveled arterials which are not yet commercialized, by restricting commercial development to types which provide an appropriate buffer. 3) Protecting existing, viable residential areas along lesser-traveled arterials, from commercial development. 4) Concentrate population and employment growth within the eight key economic development strategy areas within the City identified as follows: a. Auburn Way North Corridor b. Auburn Way South Corridor c. Urban Center d. Auburn Environmental Park and Green Zone e. 15th Street SW/C Street SW/West Valley Highway/Supermall f. A Street SE Corridor g. SE 312th Street/124th Avenue SE Corridor h. M Street SE between Auburn Way North and Auburn Way South Policy ED-6 Revitalize depreciated and/or obsolete commercial and industrial sites through innovative regulations that redesign the site in accordance with modern design standards and industrial/commercial uses. Policy LU-62 Arterials experiencing strong pressure for commercial development, but not yet committed to commercial uses, shall be designated for mixed use commercial and high density multi- family uses. Development regulations should encourage the development of professional office and similar uses and multiple family housing, with development and design standards carefully drawn to ensure preservation of a quality living environment in adjacent neighborhoods. Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 10 of 11 Policy LU-120 Identify areas for commercial infill development and focus street and utility systems improvements to facilitate their development. The proposed rezone capitalizes on existing City infrastructure: East Valley Highway as it becomes A Street SE. A Street SE is a high speed principal arterial road that has an average traffic volume of 26,311 vehicles per day and good visibility for commercial development. The proposed rezone of the two subject properties from C1, Light Commercial to C3, Heavy Commercial will allow the property owner greater flexibility in the development of these parcels, with a greater number of allowed uses. The proposed rezone meets Goal 12, to promote urban infill development, and Policy LU-120 by facilitating infill development on a principal arterial street. The proposed rezone concentrates population and employment growth in one of the eight key economic development strategy areas: the A Street SE Corridor. The proposed rezone will enable the property owner to better market the property, supporting the objective of policy ED-6 by allowing the application of modern design standards for commercial use. Rezoning the property from C1, Light Commercial, to C3, Heavy Commercial, will allow the property to develop with a higher mix of uses including professional offices. The intent of the C3 zoning district is to accommodate uses which are oriented to automobiles either as the mode or target or producing the commercial service. The intent of the C1 zoning district is to accommodate commercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. Due to the long blocks and development being limited to one side of the street, A Street SE in this part of the City of Auburn is less likely to successfully support a commercial business oriented to a leisurely shopping experience that would attract pedestrian-oriented activities. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Comment The rezone was initiated by the property owner, Jon Cheetham of Terrace View Properties. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Comment Neither the Hearing Examiner nor the City Council initiated any change to this rezone as requested by the applicant. In addition, Washington case law has identified other criteria for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since the original zoning was established and the proposed rezone must bear a substantial relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare; provided, that a showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)). a. Conditions in the area must have changed since the original zoning was established. Comment The rezone proposal implements the comprehensive plan land use designation for the subject property. As mentioned under the Findings of Fact, a comprehensive plan map amendment was processed in 2011 and approved by the City Council. The proposed rezone would adjust the zoning of the property to correspond and be consistent with the comprehensive plan. Showing of Agenda Subject: REZ12-0006 – Terrance View Properties Rezone Date: October 3, 2012 Page 11 of 11 a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan b. The proposed rezone must bear a substantial relationship to the general welfare of the community. The property is currently undeveloped vacant land. The modular office shown on the aerial photo has recently been removed. Rezoning the subject property to C3, Heavy Commercial will match the zoning district to the comprehensive plan designation. In this area, A Street SE has long unbroken blocks, and there is only opportunity for retail to occur on one side of the street because the BNSF railroad is located on the western side of the street. The subject site is located on this principal arterial where C3 is more appropriate due to the high traffic volumes and the orientation of the street to vehicular traffic. The intent of the C3 zoning district is to accommodate uses which are oriented to automobiles either as the mode or target or producing the commercial service. The intent of the C1 zoning district is to accommodate commercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. Due to the long blocks and development being limited to one side of the street, A Street SE in this part of the City of Auburn is less likely to successfully support a commercial business oriented to a leisurely shopping experience that would attract pedestrian-oriented activities. The proposed rezone is in compliance with the adopted Comprehensive Plan which bears a substantial relationship to the general welfare of the community. Pedestrian shopping oriented businesses are better suited along roads with development on both sides, with shorter blocks which promote slower speeds. RECOMMENDATION Based upon the application, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone with no conditions. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Application (REZ12-0006) Exhibit 3 Vicinity Map showing the current land use Exhibit 4 Zoning map showing the current and proposed zoning Exhibit 5 Aerial Photograph Exhibit 6 Determination of Non-Significance, and checklist (SEP11-0009) Exhibit 7 SEPA Addendum and checklist (SEP12-0028) Exhibit 8 Planning Commission minutes from November 9, 2011 Exhibit 9 City Council meeting minutes from December 5, 2011 Exhibit 10 Ordinance No. 6394 approved December 5, 2011 Exhibit 11 Combined Notice of Application and Public Hearing and affidavits of posting, mailing, and publication – Affidavits of posting and mailing will be distributed at the meeting. REZ12-0006 current comprehensive plan designation: Heavy Commercial Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 9/20/2012 REZ12-0006 current zoning: C1, Light Commercial Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 9/20/2012 REZ12-0006 proposed zoning: C3, Heavy Commercial Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 9/20/2012 REZ12-0006 Aerial Photograph (Exhibit 5) Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 10/4/2012 CITY OF ` pLpNNING COMMISSION November 9, 2011 WAS H I N GTON MINUTES I.CALL TO ORDER Chair Judi Roland called the meeting to order at 7:02 p.m. in the Council Chambers located on the first floor of Aubum City Hall, 25 West Main Street, Aubum, WA. Commission Members present were: Chair Jud'i Roland, vce Chair Kevin Chapman, Bob Baggett, Ron Copple, Wayne Osbome, Joan Mason, and Dave Peace. Staff present included: Principal Planner Jeff Dixon, Planning Manager Elizabeth Chamberlain, Planning and Planning Secretary Tina Kriss. Audience Members in attendance: Janet and Bruce Koch, Jami L. Balint, and Mark Segale. II. APPROVAL OF MINUTES a oaone s,so The Commission requested adding the name of the principai planner under P!T#9. Commission Commissioner Osborne moved and Commissioner Copple seconded to approve the October 18, 2011' minutes as amended. MOTION CARRIED UNANIMOUSLY 6-0 III. PUBLIC COMMENT There were nomembers of the public preserrt who wished to speak during the public comment. IV. PLANNING DEPARTMENT REPORT Planning Manager Elizabeth Chamberlain infortned the Commission Coastal Farm and Ranch (an Oregon based company) has submitted a letter of intent ta purchase the old Wal-Mart building. The compariy is a farm and ranch retaiier seliing a variety of products. Staff and Commission discussed the status of other projects and properties. V. PUBLIC HEARINGS A. CPA11-0001 —Terrace ew LLC Amendment Principal Pianner Dixon provided a bri ng for CPA11-0001. Staff and the Commission reviewed designations, map changes, and the definitions of land uses associated with the designations. There was discussion about adjacenYland uses. There was discussion a6out coordinating road improvements with any future development. The Commission recommended studying the "A" Street corridor from Lakeland Hills Way to Lake Tapps Parkway, for potential designation changes as long as traffic studies are done to address any Vaffc issues or congestion. Chair Roland opened the public hearing at 7:16 p.m. to receive comments on CPA11-0001. There being no pubiic present for commerrt, Chair Roland closed the public hearing at 7:17 p.m. Commissioner Peace moved and Commissioner Copple seconded to approve the CPA11-0001 with a recommendation that fhe area from Lakeland Hills Way south to Lake Tapps Parkway be studied for consideretion of a potential change in , Pianning Commission Meeting Minutes November 9,2011 designation to heavy commercial during the next year's comprehensive plan amendmeM cycle. MOTION CARRIED UNANIMOUSLY 7-0 B. CPA71-0002—Segale Properties LLC Principal Planner Dixon provided.a briefing on CPA11-0002. Map amendments to Maps 14.1 and 14.2 which are the Comprehensive Land Use Map and Special Area Plans' maps respectively were discussed. Staff and Commission also reViewed the related policy and text amendmeMs for the Studc River Road and Mt. Rainier Vista proposed special plan areas. Staff discussed the recommendation to include an eighth parcel in the proposed map amendment. Chair Roland opened the pubiic hearing at 7:38 p.m. to receive commerrts on CPA11-0002. Janet Koch, 2815—53rd Street SE, Aubum, Washington. Mrs. Koch stated she and herhusband live adjacent to the property included in the map amendment part of this application. Ms. Koch stated they did not receive a map wiEh 4he notice in advance showing the parcels included in the amendmerit; the additional pa cel would diredly affect them. Ms. Koch stated they are concemed about the text change adding industrial and recreational uses, p operty owners understood the land was to be used for residential use only. Area neighbors have not received,a mailed notice on this amendmenf; individuals are concemed about no4 cation so they can review and pose appropriate questions to the City:Ms. Koch stated this is a large area of land and once the developmeMs around Kersey Way (Kersey 3 subdivisions) build out the area wiif atld additional congestion where traffic issues and inadequate infrastrudure exist; traffic has quadrupled. Jami L. Balint, CompanyCouncil for Segale Properties, LLC., P.O. Box 88028, Tukwila, Washington, 98138. Ms. Balint iMroduced Mark Segale, Vice President of Segale Properties, LLC. Aletter to the Planning Commissioners was provided by Ms. Balint. The applicant is in favor of Comprehensive Plan Amendment CPA11- 0002. The apPlication is fhe first step in movingforward with the sutrarea plan process foc the approzimate 871 acres of land within the City. Approximately 200 acres is being added to the sub-area plan. The Mt; Rainier Vista is a separate proposed special plan area and is induded within tHe 871 acres. The applicant feels the text amendment is necessary given the request to add eight (8) additional parcels. The Comprehensive Plan has a IimR on fhe number of units 4hat can be part of the Special Plan Process in the current language and with an additional 200 acres added to the special plan area the previous dwelling unR limit is no longer appropriate. Ms. Balint does not believe the eighth (8"') parcel along the Kersey Way and 53rtl will be directly adjacent to the Koch's property. The public notice boards required by the City were postecl in two locations to inform the putilic. Ms. Balint and Segale Properties, LLC appreciates the public's concem as to the use of the property; the purpose of the sub-arealspecial area plan is to detertnine the future appropriate use of the property with the public's concerns in mind, With 871 acres, a large amount of property, there would be flexibility in arranging uses within the designated area. Segale Properties,LLC requests approval of these amendments as mod ed by staff recommendations. 2 Planning Commission Meeting Minutes November 9, 2011 Commissioner Peace asked 'rf industrial uses were induded in staffs recommendations (provided in the packet). Principal Planner Dixon stated they were not listed but could be included by staff wiEhin this amendment as a teut addition if Commission directs staff to include the addition as part of the amendment. Commissioner Chapman asked staff if the parcets designated as residential conservancy could be changed to single familyresidence. Principal PlannerDixon stated the special area designation is establishing the special area plan limits; which is essentially a study area, ft does not make a change to the underlying colored land use designations. The study area provides the applicant and the City a chance to investigate and determine what the appropriate Comprehensive Plan designation needs to be for the future. The parcels next to the Koch's property would lie included in the study. Ms. Balint pointed out the special area plan is not only designed to determine what uses are appropriate 6ut also what infrastructure may be necessary to support future development as well as reviewing the surrounding property around the special area plan to make sure all uses are compatible. Principal Planner Dixon pointed out when the special area plans are developed any resulting proposed changes would still be broughtbefore the Planning Commission and City Council as an amendment to the City's Comprehensive Plan. Commissioner Peace stated industrial use could include a factory and it does not seem appropriate for that area. After hearing comment from the public on CPA11-0002 Chair Roland closed the public hearing at 8:04 p.m. Chair Roland opened the public hearing a second time at 8:05 p.m. to receive furthercommeM on CPA11-0002. Bruce Koch, 2815—53`°Street SE, Aubum, Washington. Mr. Koch thanked the Commission for their work. Mr. Koch stated everyone should get along and see what the right use for Aubum should be. He expressed his desire for both Mr. Segale and the City of Aubum to have what it needs for this area. Mr: Koch pointed out the frfth 5"') bullet on the PowerPoint and stated it appears the City is approving commercial, institutional, industrial, and recreational useswithout any type of study. It appears we are giving something away without the necessary background. If each parcel is open to otherland uses they should,not be allowed until the studies are complete to back up their uses. If one Parcel is good for recreation,make the proposal to the Commission and moVe ahead. To just make this approval in mass I may be losing my future rights. He indicated his concern is similar to what Commissioners'Peace and Ghapman expressed; down a,path oommission has approved these activi4ies when there was no basis for it. This is a question as much as a comment. After hearing commerrt from the public on CPA11-0002 Chair Roland closed the public hearing at 8:05 p.m. Principal Planner Dixon clarified this text amendment only mod es the purpose and description nartatiyes of the special area qlan in a,manner that allows the applicanY to go forward with additional study and evaluation for suitable uses and what infrastructure is needed to support the future uses as the special area plan is developed. The amendment does not provide zoning code changes. 3 Planning Commission Meeting Minutes November 9, 2011 Commissioner Osbome stated he fek it would be a mistake not to include the various uses since the special plan area includes 871 acres with a lot ofbuffer around. it. could be used for an appropriate type of light industrial and we would not want to exclude light industry ttiat is cbntained within a building. Not including options could be detrimental for the eMire 871-acre project. Chair Roland clarified the recommendation is to add eight(8) parcets to the Stuck River Road Special Plan Area. Commissioner Osbome moved and Commissioner Baggett seconded to approve CPA71-0002, Segale Properties, LLC Comprehensive Plan AmendmeM CPA11- 0002 text amendment and map amendmerrt to indude property tax identification No. 322105-9031 (the eighth parcel). Commission and staff reyiewed the amended wording#o the original policy and text sections. Principal Planner Dixon cla ed the previous version did nof include industrial uses and staff recommends adding on behalf of the applicarit industrial land uses. Jami L. Balint, on behalf of the applicartt, stated inclusion of"industrial" land uses is appropriate and requested as much flexibitity as possible so upon proceeding with the study so they are not:limited in any way. The,uses for the property will be determined 6ased on a future study, they wbuld ask that industrial uses be included within the special area plan in order that is could be included within the study. Chair Roland stated a motion and second has tieen proposed. Commissioner Peace clarified 4he motion was based matgrials provided by staff which did not include the addition of"industrial"for the text amendmenf:• A new"motion needs to be proposed. Chair Roland asked Cammissioner Osbome if it was his intent in 4he Motion to include industrial uses. Commissioner Osbome said it was his interrt to include it. Commissioner Bagge$stated it was not his interrtion to include indushial uses. Chair Roland removed the motion from the floor. Commission Osbome moved and Commissioner Copple seconded to approve CPA11-0002 as amended:to include industrial uses as recommended by staff. MOTION CARRIED UNANIMOUSLY&1 VI. OTHER BUSINESS There were no add'Rional business items. Chair Roland confirmed the next meeting will be December 6'", 2011. VII. AD,IOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjoumed the meeting at 8:24 p:m. 4 c„oF_ ^* = City Council Meeting December 5, 2011 - 7:30 PM Auburn City HallWASITYNGTNMINUTES I. CALL TO ORDER A. Flag Satute Mayor Peter 6. Lewis cailed the meeting to order at7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Sue Singer, Nancy Backus, Bill Peioza, Lynn Norman, Virginia Haugen, and John Partridge. DepartmeM Directors and staff members present:.,Assistant City Attomey Steve Gross, Planning and Development Director Kevin Snyder, Public 1Norks Director Dennis Dowdy, Finanoe Director Shelley Coleman, Principal Planner Jeff Dixon, Engineering Aide Amber Mund, Parks, Arts and Recreation Director Daryl Faber, Governrrient Relation§ Manager Carolyn Robertson, Economic DeVelopment Manager poug Lein, Police Commander David Colglazier, and City Clerk Danielle Daskam. C. Announcements, Appointments, and.Presentations 1,.: Presentation - "More Than You Imagined" Award Mayor Lewis to present the "More Than You lmagined" Award to Bud Larson for his years of_service on the Aubum City Council and Law Enforcement Officersand Fire Fighters.(LEOFF' Board. Mayor Lewis presented Ciarence "Bud" Larson with the City's "More Than You Imagined"award for hisyears of seniice to the Aubum community, including his service on the City Council:from 1975 to 1991, service as a Councilmembeaon the Aubum Law Enforcement Officers and Fire Fighters (LEOFF) Disability and Retirement Board from 1982-1983, and the member-at-large position on the LEOFF Board from 1993-2011, for a combined thirty-six years. Mayor Lewis thanked Mr. Larson for his hard work and dedication to his communiry. 2. Proclamation - "Miss Auburn Scholarship Frogram Days" Mayor Lewis to proclaim January 21;2012 fo theTeen Program and February 3 and 5, 2012 as "Miss Auburn Scholarship Program Days" in the City of Auburn. Mayor Lewis read and presented a proclamation declaring January 21 st for Page 1 of 'I 1 the Teen Program and February 3rd and.5th,2012, for the Miss Program as Miss Au6um Scholarship Prograrti Days" in the city of Auburn. Mayor Lewis, along wifh Councilmembec Backus who serves as president of the Miss Auburn'Scholarship Program, introiiuced the Miss Auburn contestants in attendance: Ashley Plemmons sponsorecJ by Vailey Bank, Presella Set sponsored by HBT Insurance, Ashley Thordarson sponsored by Auburn Noon Lions, Erin Fischer sponsored by Don Small & Sons, Tera Sabo sponso ed by Columbia'Bank, Valerie Troccoli sponsored by Waste Management, Salina Ellison sponsored by Kiwanis Club of the Valley, Mackenzie Maynard sponsored by Flaming Geyser Gardens, Brianna Hubbard sponsored 6y Sterling Savings, McKenzie Treece sponsored by Molen Orthodontics, Hannah McFarlane sponsored by Oddfellows Pub, Jessica Justice sponsored by Auburn Chevrolet, Alexandra Bonwell sponsored by Scotty's General Construction, Inc., Denobia Olegba sponsored 6y Cascade Eye and Skin Centers, Allison Amador sponsored by Kiwanis Glub of Auburn, Renelyn Cruz sponsoredbySound Credit Union, Kyla Moen sponsored by Shred-it Western Washington, Shelby Malama sponsored by Longhorn Barbeque, Courtney Kindell sponsored 6y Jerry Honeysett, Hannah Woods sponsored by Select Photography, Emily'Minton sponsored by Lakeland Family Chiropractic, Gabrielle Bonner sponsored by Children's Dance Studio. MissAuburn Outstanding Teen Program contestants in attendance included: Alyssa Schnell, Lucky Backus, Bobbi Hanson, Georgia Riffle, Allison Arthur, Cami Werden, Tarhata Garrison, and Sydney Hedrick. 3. Planning Commission Appointment City Council to confirm the appointment of Mark Ramey to the Planning Commission to fill an unexpired term expiring December 31, 2013 Deputy Mayor Singer moved and Councilmember Wagner seconded to confirm the appointment of Mark Ramey to the Planning Commission. MOTION CARFtIED UNANIMOUSLY. 7-0. 4. Planning Commission Reappointment City Council to confirm the reappointment of Judi Roland to the Planning Commission for a three year term expiring December 31, 2014. Deputy Mayor Singer moved and Councilmember Wagner seconded to confirm the eappointment of Judi Roland to the Planning Commission. MOTION CARRIED UNANIMOUSLY: 7-0. D. Agenda Modificatfons Agenda modificatians included corrected claims voucher check numbers and totai amount and a revised,Resolution No. 4779. Page 2 of 11 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. PubUc Hearings 1. Right-of-Way Vacation Application No. V3-11 (WagnedDowdy) City Council to conduct a.public hear.ing to receive public comments and suggestions with regard to tfie proposed Right-of-VNay Vaca4ion V3-11 Engineering Aide Amber Mund explained that Terry Home, Inc., has applied for the vacation of approximately 4,000 square feet of right-of=way on 8th 3treet NE just west of A Street NE. The right=of-way was dedicated in 1947 through a plat dedication for sVeet purposes. The applicant proposes to incorporate ttie right-of-way into their developmerrt plans for their property located just south of the right-of-way. City Public Works staff recommends approvaf of the vacation with easements reserved for City water facilities in the north eight feet of the right- of-way and'for existing Puget Sound Eriergy electric facilities. Staff also recommends that compensation not be required as the right-of- way was dedicated to the City at no cost. The public benefits of the vacation include: decreased right-of-way mairrtenance obligation and possible property3ax revenues. Mayor Lewis opened fhe public hearing at 5:00 p.m. Myla Montgomery, Terry Home, Inc., 31420 42nd Place SW, Federal Way, WA Ms. Montgomery spoke on behalf of the appiicant, Terry Home, Inc. Terry Home plans to open their second facility in Au6um on property adjacent to the proposed yacated right-of-way. The facility in Aubumwill serve twelve young people who haye survived traumatic brain injury; four of the beds wili be set aside for veterans.. Mayor Lewis Gosed the hearing at 8:02 p.m. B. Audlence Participation This is the place on the agenda where the public is invited to speak to [he City Counci!on anyissue: Those wishing to speak are reminded to sign in on the form provided. There was no audience participation. C. Correspondence There was no correspondence fdr Council review. III. COUNCIL COMMITTEE'REPORTS Page 3 of 11 A. Municipal Services Chair Peloza reported the Municipal Services Committee met November 28, 2011. The Committee discussed Resolution No. 4775 updating the Employee Deferred Compensation Plan, direct billing fo garbage disposal, the Vadis Service Agreement, golf course working capital, and fhe Committee project matrix. The . next regular meeting of the Municipal Services Committee is scheduled for December 12, 2011 at 3:00 p.m. B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met November28;2011. The Corrimittee reviewed Resolution No. 4769,which sets the public hearing date on the 2012-2017 Transportation Improvement Program, and Ordinance No. 6394 approving Comprehensive Plan amendments. The Committee discussed Resolution No. 4771 approving a contract with Washington2 Advocates, the 2012-2017 Transportation Improvement Program, 2011 Phase II Code Update, Ordinance No. 6393 relating to school impact fees,.and building code and land use code issues relating to semi truck t ailers. The Committee also received an upda4e on the Auburn Environmental Park Boardwalk project. The nexf regular meeting of the Planning and Communiry Development Committee is scheduled for Decemberl2, 2011 at 5:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee received a presentation on street IigM conversion to LED from Urban Innovation Group. The Committee also discussed Ordinance No. 6381 relating to right-of-way vacation, Resolution No. 4777 relating to surplus property, the 2012-2017 Transportation.lmprovement Program, and a change in construction and speciai permit fees. The next regular meeting of the Public Works Committee is scheduled for December 19, 2011 at 3:30 p.m. D. Finance Chair Backus reported fhe Finance Committee met this evening at 6:00. The Committee reviewed claims and payroll vouchers, Ordinance No. 6378 relating to the 2011 Budget amendment, Ordinance No. 6379 relating to the mid-term budget correction,Resolution No.:4771 approving a consulting services agreement with Washington2 Advocates, and Resolution No. 4777 declaring a road grader surplus. The Comm'ittee also discussed Ordinance No. 6395 related to residential garbage and recyciing services,Resolution No. 4780 approving a contract with Seattle-King County Department of Public Health for the Local Hazardous Waste Management Program, Resolution No. 4781 authorizing an agreementwith King Gourrtyfo.rthe2012-2013 Waste Reduction and Recycling Grant Program, and the 2012 VacJis Service Agreement for litter removal. The nexYregular meeting of the'Finance Committee is scheduled for December 19, 2011 at 5:00 p.m. Page 4 of'11 E. Les Gove Community Campus The Les Gove Community Campus Committee has not met since the last Council meeting. F. Downtow Redevelopment The Downtown Redevelopmerrt Committee has not met since the last Council meeting. G. Council Operations Committee Deputy Mayor Singer reported the Councii Operations Committee met November 30, 2011 to discuss the 2012 Council Committee assignments. IV. REPORTS At this time the Mayor and Ciry Council may report on significanf items associated with their appoinfed positions on federal, siate, regional and local organizations. A. From the Council Mayor Lewis reported that at the last Puget Sound Regional Council meeting Deputy Mayor Singer was recogniied for her years of service on the Puget Sound Regional Council (PSRC) Operations Board, Economic DevelopmenY Council, Executiye Committee of the PSRC, and Chair of the PSRC. Deputy Mayor Singer stated that last week she represented the City at a community leaders dinner a#4he Aubum Regional Medical Center where the topic was creating smoke free envirbnmei ts. Councilmember Norman reported.that she attended the Santa Parade and the Red, White and Blue concert at the Performing Arts Center. Councilmember Backus reported on her participation in the Valley Regional Fire Authority Muscular Dystrophy Association fund raiser: GouncilmemberBackus reminded that the Fire Fighters' Local 1352 will begin theirToys for Kids Toy Collection this weekend.; Councilmember Backus also reported on her attendance at the King CountyAerospace Aliiance Partnership and the Santa Parade. Councilmember Peloza reported on his attendance at the King County Water Pollution Abatement Committee meeting. Gouncilmember Peloza also briefly spoke regarding King Oounty Solid Waste Division's Cedar Hills Landfilf Gas-to- Energy Program. Councilmember Haugen reported on her attendance at the Santa Parade and the Red, White and Blue Concert. B. From the Mayor Page 5 of 11 Mayor reported on Santa Parade, RW&B Concert, V. CONSENT AGENDA A. Payroll Vouchers (Bagkus/Coleman) Payroll check numbers 532405 to 532492 in the amount of$339,053.36 and electronic deposit transmissions in the amourrt of$1;267,875.46 for a grand total of$1,606,928.82 for the pay period covering November 17, 2011 to November 30, 2011. B. Minutes of the November 7, 2011 Regular Meeting Deputy Mayor Singer moved and Councilmember Wagner seconded to approVe the Consent Agenda. Councilmembec Haugen requested the removal of the claims vouchers from the Consent Agenda. MOTION TO APPROVE THE CONSENT AGENDA; EXCEPTINGTHE CLAIMS VOUCHERS; CARRIED UNANIMOUSLY. 7-0. VI. UNFINISHED BUSINESS A. Claims Vouchers (Backus/Coleman) Glaims check numbers 409290 throughA09583 in the amount of 912,237.45 and dated December 5, 2011. Deputy Mayor Singer moved and Councilmem6er Wagner seconded to approve the claims vouchers: In response to questions from Councilmember Haugen, Parks, Arts and Recreation Director Faber stated that the licensing fees for movies are integrated in the cost of admissions. Additionaliy, outside sound technician services are required for certain Auburn Avenue Theater shows. MOTION CARRIED. 6-1. Councilmember Haugen voted no. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES A. Ordinance No. 6378 (Backus/Coleman) An Ordinance of the-City Gouncil of the Ci,ty of Aubum, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352; Ordinance No. 6362 and Ordinance No, 6370 authorizi.ng amendment to the City of Autium 2011-2012 Budget as-setforth in Schedule "A" Councilmember Backus moved and Councilmember Norman seconded Page 6 of 11 to introduce and adopt Ordinance No. 6378. The Ordinance represents budget amendment no. 5, which makes the final changes to the 2011 budget. The amendment includes revenues and grant funding received and recognizes public employee pension contribution rate adjustments. MOTION CARRIED UNANIMOUSLY. 7-0. B. Ordinance No. 6379 (Backus/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No, 6352, Ordinance No. 6362, Orclinance No. 6370 and Ordinance No. 6378 authoriiing amendment to the City of Aubum 2011-2012 Budget as set forth in Schedule "A" Councilmember Backus moved and Councilmember Norman seoonded to introduoe and adopt Ordinance No. 6379. Ordinance No. 6379 provides for a mid-term correction of4he 2011-2012 Biennial Budget. It provides hew beginning estimates for 2012 and incorporates any amendments that occurred in 2011. MOTION CARRIED. 61. Councilmember Haugernvoted no. C. Ordinance No. 6381 (Wagner/Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, Vacating Right-of-VNay of 8th Street NE, West of A Street NE, within the Ciry of Aubum, Washington Councilmember Wagner moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6381. The Ordinance vacates approximately 4,000 square feet of unused right-of-way. MOTION CARIED UNANIMOUSLY. 7-0. D. Ordinance No. 6394 (No man/Snyder) An Ordinance of the Gity Council of the City.of Auburn, Washington, relating to planning;adopting Comp ehensive Plan Map and Text Amendments pursuant to fhe provis'ions of RCW Chapter 36.70A Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6394. Ordinance No. 6394 includes 1wo map amendments and ten policy teM amendments initiated by the City. The Ordinance also includes one p ivately- initiated map amendment and a combined request for a map amendment and associated privately-initiated policyttext amendment. Page 7 of 11 In response to a ques4ion from Councilmem6er Haugen, Director Snyder stated that a Comprehensive Pian was required by the Growth Management Act in 1995; however,the e is evidence that tfie City had Comprehensive Plans as far back as the early 1970's. Councilmember Backus thanked Planning and Development Director Snydec and the Planning staff for their worlc on the Comprehensive Plan amendmerrts. Councilmember Haugen ezpressed opposition to the amendments. Councilmember Norman commended staff for their work on the proposed Comprehensive Plan amendments. She stated that most of the amendments are in response to federal, state and regional requirements and laws. Councilmember Peloza commended the Planning and Development staff for their work on the Comprehensive Plan amendments. MOTION CARRIED. 6-1. Councilmember Haugen Voted no: IX. RESOLU770NS A. Resolution No. 4769 (Norman/Dowdy) A Resolution of the Gity Gouncil of the City of Aubum, Washington, setting the tirne and date for a public hearing before the City Council on the 2012- 2017 Transportation Improvement Program Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4769. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolution No. 4771 (Backus/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing`the Mayor and City Clerk to execute a contract with Washington2 Advocates, LLC, for consulting services Councilmember Backus moved and Councilinember Norman seconded to adopt Resolution No. 4771. Resolution No. 4771 represenis a renewal of a contract with Washington2 Advocates LLC. Gouncilmember Backus stated that the firm has assisted the City secure federal and state funds for Cityprojects. Ezamples of successes in 2011 include defending the Public Works Trust Fund, working with State agencies to reach an agreemerrt on disposition of State property at Game Farm Park, working with King County on the disposition of the historic post office that previously housed the King County Health Department, working on.development of a regional firing range for area.lawenforcemetrt agencies, securing funding for the M Street SE Underpass Project, and working with the Federal Emergency Page 8 of 11 Management Agency on flooding issues. Deputy Mayor Singer spoke against the Resolution. She stated that despite the good work of past contracts, she believes the 2012 conVact scope of services is too weak and too expensive. Councilmember Peloza spoke in favor of the Resolution and the need for advocacy on behalf of the City to ensure the retum of tax dollars to the City. Councilmember Haugen cancurred with Deputy Mayor Singer's comments. Councilmember Partridge inquired whether the consultant could be hired on an as needed basis. Mayor Lewis stafed that the Ci4y could opt for a lesser contrac4 and have less standing in conflicting issues. MOTION CARRIED. 5-2. Deputy Mayor Singer and Councilmember Haugen voted no. C. Resolution No. 4775 {Backus/Heineman) A Resolution of the City Council of the Gity ofAuburn, Washington, authorizing the Mayo.r and City Clerk to execute and publish an amended Deferred Compensation Plan for the City of Auburn that complies with the new provisions of federai law that deal with govemmerrt deferred compensation plans Councilmember Backus mo4ed and CouncilmemberNorman seconded to introduce and adopt Re§olution No. 4775. Resolution No.4775 amends the Employee Deferred Compensation Plan in keeping with federal law. In response to a question from Councilmember Haugen, Fnance Director Coleman explained that fhe Deferred Compensation Plan provides for a mechanism for City employees to invest their own money in a deferred compensation plan. Tlie Plan must be in compliance with Internal Revenue Service rules and regulations. MOTION CARRIED UNANIMOUSLY. 7-0. D. Resolution No. 4777 (Backus/Dowdy) A Resolution of the City6ouncil of the City of Auburn, Washington, declaring certain ifems of property as surplus and authorizing their disposal Councilmember Backus moved and CounciimemberNorman seconded to adopt Resolution No. 4777. Resolution No. 4777 declares a 1994 Champion road grader that has outlived its useful life. Page 9 of 11 MOTION CARRIED UNANIMOUSLY. 7-0. E. Resolution No.;4779 (Wagner/Heid) A Resolution of the City Council of the Ciry of Auburn, Washington, repealing Resolufion No. 4670 passed December 20, 2010 as amended by Resolution No:4692. passed March 21,; 2011, as amended by Resolution No. 4741 passed August 15, 2011, and designating the members, powers, dufies and meeting times and day of a l standing committees of the City Council of the City of Auburn Councilmember Wagner moved and Cauncilmember Backus seconded to adopt Resolution No. 4779 wi#h the following changes: Finance Committee meeting time shall be 5;30 p.m. on_the frst and third Mondays of the month and the responsibility for the Senior Center shall move from the Municipal Services Committee to the Les Gove Community Campus Committee. Assistant City Attomey Gross reminded that City Council Rule 16.1(G)(1) prohibits Councilmembers whosa term of office will expire prior to or during the first meeting of a new Gity Council and who have not been re-elected or appointed to another term of office eztending beyond the first meeting ofa new City Council, shall not be allowed to vote at Council meeting on the approval of the memberships of the new committees. Councilmember Wagner stated that aliocating committee assignments was more challenging this year than in the past due to three new Councilmembers taking office. He noted that several areas of responsbility have been moved from other committees to the Les Gove Community Campus Committee in order to consolidate the activities at the Campus. The Les Gove Community Campus Committee will meet on a regular basis rather than oman as-needed basis. The C uncil Operations Committee is also scheduled to meet monthly. The Deputy Mayor is designated to chair the Committee of the Whole and the Council Operations Committee. Councilmember Peloza moved and Councilmembe Backus seconded to amend the resolution by removing "street median mairrtenance" from the scope of authority for the Municipal Services Committee.: Counaimember Peloza stated that street median maintenance should be included as part of the Committee's project matrix rather than listed as part of the Committee's scope of authority. MOTION CARRIED UNANIMOUSLY. 4-0. Councilmember Haugen expressed concem with the worlcioad of the Councilmembers and recommended eliminating the Les Gove Community Campus Committee. Page 10 of 11 THE MAIN MOTION, AS AMENDED, CARRIED UNANIMOUSLY. 4-0. X. ADJOURNMENT There being no further business to come before the Gouncil;the meeting adjourned at 8:50 p.m. e APPROVED THIS q Y OF DECEMBER, 2011; Peter B. ewis, Mayor banielle Daskam, City Clerk Page 11 of11 ORDINANCE NO. 6 3 9 4 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 RCW CHAPTER 36.70A 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 1Z, 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 Aubum on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, the City of Aubum published in the Seattle Times and Auburn Reporter an advertisement that the City was accepting comprehensive plan amendment applications and established a deadline for submittal of June 10, 2011; and WHEREAS, the Ciry of Aubum received one pribately-initiated amendment map amendment (CPA11-0001); and one privately-initiated combined map amendment and text amendment (CPA11- 0002); and WHEREAS, the City of Aubum initiated two map amendments and ten text amendments (CPA11-0003); and Ordinance No. 6394 November 29, 2011 Page 1 WHEREAS, Comprehensive Plan map and te ct amendments were processed by the Planning and Development.DepartmeM as proposed Year 2011 amendments to the City ofAubum Comprehensive Plan; and WHEREAS, maintaining a current Capital Facilities Plan is required in order to meet regulations of the Growth Management Act under RCW 36.70A; and WHEREAS, the environmental impacts of the Year 2011 Comprehensive Plan amendments were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, the proposed amendments were transmitted to the Washington State Department of Commerce, Growth, Management Services Division and other State agencies for the 60-day review period in accordance with RCW 36JOA.106; and WHEREAS; after proper notice published in the City's official newspaper at IeasYten (10) days prior to the date of hearing, the Aubum Planning Commission on October 18, 2011 and Nodembec 9, 2011 conducted public hearings on 1he proposed amendments; and WHEREAS, at thepublic tiearing theAubum 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 Gouncil on the proposed Year 2011 Comprehensiye Plan map and texFamendments;: and Ordinance No. 6394 November 29, 2011 Page 2 WHEREAS, on November 14, 2011 the Planning and Community Development Committee of the Aubum City Council reviewed the Planning Commission's recommendations; and WHEREAS, on November 21, '2011 the Public Works Committee of the Aubum City Council reviewed the Planning Commission's recommendafions; and WHEREAS, on November 28, 2011 the Planning and Community Development Committee of the Aubum City Council made a recommendation to the Citp Council; and WHEREAS, on December5, 2011, 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 CI'fY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The 2011 Comprehensive Plan city-initiated Map Amendments CPA11-0003) are adopted and approved as set forth in Exhibits "A" and "B" as attached hereto and incorporated lie ein by reference. The City Clerk shall file Exhibits "A" and "B" along with this Qrdinance and, keep them available for public inspection. Section 2. The 2011 Comprehensive Plan Text Amendments (CPA11- 0003), including the amendments to the City of Auburn Comprehensive Transportation Plan, amendments to the City of Aubum Comprehensive Stormwater Drainage Plan, Amendmerrts to the Northeast Auburn/Robertson Properdes Special Ordinance No. 6394 November 29, 2011 Page 3 Area Plan, and various amendments to certain chapters of the Aubum Comprehensive Plan (Chapter 3, Land Use; Chapter 4, Housing; Chapter 8, Economic Development; Chapter 9; The Environment; Chapter 14, Comprehensive Plan Map; and Appendix 6) are adopted and approved as set forth in Exhibit "C" attached hereto and incorporated herein by reference. The City Clerk shall file them along with this OMinance and keep them available for public inspection. The full text ofthe Capital Facilities Plan of4he City and the four school districts Capital Facilities Plans are adopted with the City's Comprehensive Plan; copies of which shall be on file with the Office of the City Clerk. . The City Clerk shall file them along with this Ordinance and keep them available for public inspection. Council adopts both the Planning Commission's recommendations, dated October 18, 2011 as amended by the Planning and Community Developmerrt Committee on November 28, 2011 and the findings and conclusions outlined in the NoVember 29, 2011staff report, both attached as Exhibit "D". Section 3.. Application CPA11-0001, Terrace View Properties, LLC Comprehensive Plan Map Amendment, requesting a land use designation change from Light Commercial to Heayy Commercial for property identified by parcel numbers 3121059056 and 3121059010 is approved as set forth in Exhibit "E" attached hereto and incorporated herein by reference. Council adopts both the Planning Commission's November 9, 2011 recommendations, and the findings and conclusions outlined in the November 29, 2011 staff report, both attached as Exhibit p Ordinance No. 6394 November 29, 2011 Page 4 Section 4. Appiication CPA11-0002, Segale Properties, _ LLC Comprehensive Plarr Map Amendment; requesting a land use designation change to include within the Stuck River Road Special Plan Area the properties identified by the following eight parcel numbers: 3221059001, 3221059002, 3221059003, 3221059004, 3221059008, 3221059024, 3221059026, and 3221059031 is approved as set forth in Exhibit "F" attached hereto and incorporated herein by reference. Also, the related Comprehensive Plan Text Amendments requesting modification of the description and purpose of the 8tuck River Road and Mount Rainer Vsta Special Plan Areas to Chapter 14, Comprehensive Plan Map, is approved as set forth in Exhibit "C" attached hereto and incorporated herein by reference. Council adopts the Planning Commission's November 9, 2011 recommendations, as amended by the Planning and Community Development Commitfee on November 28, 2011 and the findings and conclusions ouUined in the November 29, 2011 staff report, both attached as Exhibit "D". Section 5. The 2011 Comprehensive Plan amendments modify the Comprehensive Plan adopted on August 18, 1986 by 'Resolution No. 1703 and adopted by Ordinance No. 4788 on September5; 1995. Section 6. The adopted Comprehensive Plan as amended is designated as a basis for the ezeroise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW. 43.21C.060. Ordinance No. 6394 November 29,2011 Page 5 Section 7. If any section,su6section, sentence, clause, phrase or portion of this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation to include incorporating into one document the adopted Comprehensive Plan map and text amendments, attached fiereto as E chibit "A", Exhibit "B", Exhibit "C", Exhibit "D" Exhi6it "E" and Exhibit "F° preparing and publishing the amended Comprehensive Plan. Section 9. This Ordinance shalll take effect nd be in force five (5) days from and after fts passage, approyal and publication as provided by law. DEC b 2011 INTRODUCED: PASSED: DEC b 2011 APP DEC '5 2011 u Peter B. Lewis MIAYOR Ordinance No. 6394 November 29, 2011 Page 6 ATTEST: Danielle E. Daskam, City Clerk _ APPROVED AS TO FORM: Dan I . Hei , City Attomey Publishedc C-*--'`' /`'^"-'" '` Ordinance No. 6394 November 29, 2011 Page 7 Exhibit D Agenda bill/staff report dated November29, 2011, Ordinance No. 6394 November 29, 2011 Page 11 cnv oF . WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: November 29, 2011 Ordinance No. 6394, CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Comprehensive Plan Amendments—Annual Map Amendments and Polic /Text Amendments Depardnent: Planning and Attachments: Budget Impact: N/A Development Ordinance No. 6394 Amendment Summary Matrix Se arate workin binder Administrative Recommendation: Ciry Council to introduce and adopt OMinance No. 6394 Baekground Summary: The City of Aubum adopted amendments to its Comprehensive Plan in 1995 in response to the Washington State Growth Management Act(GMA) requirements, as amended. Since then the Auburn Comprehensive Plan has been amended annually. Comprehensive plan amendments can be initiated by the City of Aubum (city-initiated)and by private citizens (privately-initiated). This yea the city is initiating two map amendments and ten policy and text amentlments. In addition, this year the city received one privately-initiated plan map amendment and a combined request for a map amendment arid associated privately—initiated policy/text amendment. This staff report and recommendation addresses ail of the proposed amendments consisting of: Comprehensive Plan Map(CPM)Amendments CPM# 1 8 CPM#2 (City initiated) 6omprehensive'Plan Map GPM#3&CPM#4 (priyately initiated-each separately) Policy/Text(P!T)Amendments P(T#1 through# 10. (cityinitiated) Policy/Text Amendment P/T#11 (private initiated) Comprehensive plan amendments are initially reviewed during apublic hearing process before the City of Auburri Planning Commission, who then pro4ides a recommendation to the City Council for final action. City Council consideration and action on the amendments will occu prior to the end of this year. Reviewed 6y Council&Committees: Reviewed by Deparhnenta&Divisfons: . Arts Commission COUNCI COMMITTEES:Building MSO Airport Finance Cemetery Mayor Hearing Examiner Munidpal Services Finance Parks Human Services . Planning 8 Dev.Fire Planning Park Board Public Works Legal ..Police Planning Comm. p Other Public Works HumanResaurces Ac on: Committee Approval: Yes No Counal Approval:Yes No Call f6rPublic Hearing _/ / Referred to UnGI / / Tabled Until %% Councilmember: Norman Staff: Snyder Meetin Date: December 5 2011 Item Number: Page 1 of 35 AjJ$[J *'MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: Novemtier 17, 2011' Comprehensive Plan Amendments- Plan Map Amendments and Policy/Text Amendments Page 2 of 35 AUBURI T * MORE THAN YOU IMAGWED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Pian Map Amendments and PolicylText Amendments At its October 18, 2011 public hearing, the Planning Commission reviewed the following amendments (Group#1): CPM#1 —City initiated Map Amendment for city-owned stortn/flood ponds CPM#2—City initiated Map Amendment for update to Natural Gas Map No. 6.2 P/T#1 —Iricorporate the Aubum School District Capital Facilities Plan P!T#2—Incorporate the Dieringer School DisVict Capital Facilities Plan P!T#3—Incorporatethe Federal Way School Disfid Capital Facilities Plan P/T#4—Incorporatelhe Kent School District Capftal Facilities Plan P!T#5- Incorporafe the City's Capital Facifities Plan P/T 16—Revise Transportation Plan to recognize work of the Bicycle Task Force P!T#7—Revise Comprehensive Stormwater Drainage Plan for Project 13 (A&B) modeiing P/T#8—Update the previously provisionally approved NE Aubum/Robertson Properties Special Area Plan P!T#9—Seven various housekeeping changes o Revise fior target population numbers & census data o Add new section on Climate change:and greenhouse gas emissions— o Recognize Economic Development;Strategy Areas o Comprehensive Plan Appendix B, Reports and Studies, Incorporate the foilowing documents: Downtown Urban Core Task Force Draft Final Report& Bicycle Task Force End Report o In Policy LU-15 change the reference to "streetJights" in the description of road improvements within the Residential Conservancy zoning district o Clarify the term:"ma lcet factor"as used in 4his Buildable Lands Section o Add policy statement to recognize support for and transition to aRematively powered vehicles P/T#10- Revise Chapters.to emphasize.manufaduring land uses in industrial areas At its November 9, 2011 public hearing, the Planning Commission reviewed the following amendments (Group#2): CPM#3— Private inftiated Map Amendment forTerrace View LLC, Change two parcels from Light Commercial to Heavy Commerc'iai CPMI#4— Private initiated Map Amendment forSegale Froperties LLC, Expand boundaries of the Stuck River Road Special Plan Area to inciude additional ownership P/T#11 —Priyate initiated Policylfext Amendment for Segale Properties LLC, to revise purpose and description of the Stuck River Road Special Plan Area. The Planning Commission has,forwarded it recommendation to the City Council on ail plan map and policy/text Amendments. City Council consideration and action on the amendments is required to occur prior to the end of this year. The 2011 Comprehensive Plan Amendments were reviewed by the Planning and Communfty Development Committee of the City Councii on June 27, 2011, and November 14, 2011. The Pubiic Works Committee of the City Council reviewed the amendments at their November 21, 2011 meeting and requested that revisions to amendments P!T# 11 and P/T#& be presented to Planning and Community Development Committee. Tfie.Planning and Community Page 3 of 35 jJ ?k MbRE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17; 2011 Comprehensive PlanAmendments-Plan Map Amendments and PolicylText Amendments Development Committee at their November 28, 2011 meeting, forvvarded Ordinance No. 6394 for action at the December 5, 2011 City Council meeting with the changes discussed by the Public Works Committee and as presented by staff at the November 21, 2011 Planning and Community Development Committee meeting. A. Findings 1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for amendments to locally adopted GMA comprehensive plans. Except in limited circumstarices provided for in State law, comprehensive plan amendmeMs shall,be considered bythe city or county legislative body no more frequently 4han once per year. 2. The Gity of Auburn established a June 10, 2011 deadline for the submittal of privately- initiated comprehensive plan applications (map or policyttext). Notice to the public of'tfie 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 plan map amendment and a privately—initiated combined policy/text and map amendment tiy the submittal deadline. 3. The City of Aubum received annual updates to the four school district capital facilities plans whose [listricts occur within the City of Aubum. These capital facilities plans, as well as the Cky's Capital Facilities Plan are referenced in Chapter 5, Capital Facilities, of the Aubum Comprehensive Plan and are processed as Policy/Text (P!f) amendments. 4. A Determination of Non-Significance was issued for the Terrace View Properties, LLC Comprehensive Plan Map Amendment (CPA11-0001) under city file SEP11-0009 on September 9, 2011. The comment period ended September 23,2011 and the appeal period ended October 7, 2010. No comments have been received or appeals filed. 5. A Detertnination of Non-Sign cance (DNS) was issued for the City-initiated Comprehensive Plan Amendments (CPA11-0002 & CPA11=0003) on October 3, 2011 under City file # SEP11-0021. The comment period ended October 17, 2011 and the appeal period ended October3l, 2011. No comineMs haJe been received or appeals filed. 6. The Aubum School District issued a Determination of Non-Sign cance for the 2011 -2017 Aubum School District Capital Facilities Plan April 22, 2011; the Dieringer School District issued a Determination of Non- Significance for the 2012-2017 Dieringer School District Capital Facilities Plan July 8, 2011; the Federal Way School District issued a Determination of Non-Sign cance for the 2012 Federal Way School District Capital Facilities Plan April 23, 2011; and tfie KentSchool District issued a Determination of Non-Sign cance for the 2011- 2012 through 2016-2017 Kent School District Capital Facilities Plan June 7,2011. 7. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined for CPM#3 (CPA11-0001)were sent to the Washington State Office of Commerce, forinerly the Department of Community, Trade and Economic DevelopmenY (CTED) and other state agencies as required for the 60-day state review on September 9, 2011. The Washington State Office of Commerce acknowledged receipt on September 14, 2011. No comments have been received from Commerce or other state agencies. 8. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined for CPM# 1, 2 and 4 and P/T #1 through #11 (CPA11-0002 and CPA11-0003) were sent to the Page 4 of 35 AUBURN 'k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CFA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 . Comprehensive Plan Amendments- Plan Map Amendments and Policy/7ext Amendments 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 by letter acknowledged receipt on October 4, 2011. No commeMs have been received from Commerce or other state agencies. 9. Due to the nature of the city-initiated map amendments and the city-initiated policy/text. changes and receipt of only one privately-initiated map amendment and one privately initiated combined policy/text and map change, an op4ional process of a public open house was not conducted. 10. The public hearing notice was published on October 7, 2011 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for October 18, 2011. Notices of the hearing were posted at City Hall, City Hall Annex, Public Library and Past Office. 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 inGuded the public hearing notice. 13. Aubum City Code Chapter 14.22 outlines the process for submittal of privately-initiated amendments andthe processing of comprehensive plan amendments as follows: Sectiorr 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-spec c 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; 2. For area-wide plan map amendments: a. Notice shall be published once in the official newspaper of the city not. less than 10 calendardays 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 calendardays prior to the date of the pubfic 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 recommendafion 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: Page 5 of 35 TT t J BU 'k MORE THAN YOU I1v1AGI1VED Agenda Subject: CPA11-0001, GPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensiye Plan Amendments- Plan Map Amendments and Policy/Text Amendments D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings and adopt said amendments by ordinance. E. Sta4e 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 wRh Chapter 3670A RCW. (Ord. 6172 § 1, 2008.)° 14. On November 14, 2011, and again on November 28, 2011, the Planning and Community Development Committee of the City Council reviewed the 2011 Comprehensive Plan Amendments and the recommendations of the Planning Commission. 1b. On November 21, 2011 the Public Works Committee ofthe City Council reviewed fhe 2011 Comprehensive Plan Amendments and the recommendations of the Planning Commission. 16. The following report identifies all the Comprehensive Plan Map (CPM) and PolicylText (P/ amendments that were heard by the Planning Commission at their Odobet 18, 2011 and Novembe 9, 2011 public hearings along with the original staff recommendation to the Planning Commission and the subsequent Planning Commission recommendation. OCTOBER 18, 2011 PLANNING COMMISSION PUBLIC HEARING CPM #1 Revise Map No 14.1, Comprehensive Plan, to change from LigM Industrial to PubliGQuasi- Public; the designation of one city-owned parcel containing stormwater and compensatory flood storage ponds construded as mitigation forihe S 277th Street roadway improvement project. Discussion In 2002 the City of Aubum completed the reconstruction of east-west South 277"' Street roadway between Frontage Road NW (the north-south roadway; east of SR 167) and Aubum Way North. The purpose of this reconstruction was to increase capacity and to provide grade separation of the roadway over the Burlington Northem and Union Pacific Railroad lines. As part of this reconstruction, the city undertook the construction of compensating flood storage ponds and stortnwater ponds on the south side of the road to manage the impacts and increased runoff from filling and impervious surfaces from the project. Gurrently, the comprehensiye Plan designation of a parcel containing the flood storage and stormwater ponds . is partially "Light IndustriaP and partially "Public Quasi-Public". To accurately reflect the encumbrance of the property with the city-owned flood storage and stormwater ponds, the designation is proposed to be changed to only reflect: "Public Quasi-Public". The map reVision would change one parcel from "Light Industrial" to "PubliGQuasi—Public", and smooth the boundaries into a single un ed shape. The parcel is iderrtified as tax parcel number: 9360000184. Staff Recommendation Planning Commission to recommend approval to the City Council P/annina Commission Recommendation Planning Commission recommended approval to the City Council Page 6 of 35 J$jJ * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and PolicylText Amendments PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council CPM #2 Revise Map No. 6.2, Gas Pipelines, to update references and infortnation shown. Discussion At the Pianning and Community Development Committee meeting on October 25, 2010, the Council members asked tha44he city update Comprefiensive Plan Map 6.2, Natural Gas Pipelines. A similar discussion was held at a subsequent Pubiic Works Committee meeting. The map requires updating since it shows a utility line that doesn't exist and there is a line' shown in theJegend tha4 is not shouirn on.the map. The Washinaton State P.ioeline Atlas: Kina • Countv, Washinaton. Utilities and Transportation Commission;'Pipeline Safety Program, 2010 Edition, was consulted for revisions. Also; Puget Sound Energy was contacted for information on the location of theiP major transmission lines within the City. The map was revised in response to these informatiomsources. Staff Recommendation Rlanning Commission to recommend approval to the City Council P/annina Commission Recommendation Planning Commission recommended.epproval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T#7 Incorporate Aubum School District Capital FacilitieaPlan 2011 through 2017, adopted May 9, 2011 into the City of Aubum Comprehensive Plan. Discussion The Aubum School District has provided the City with its annually updated Capital Facilities Plan (CFP) covering from 2011-2017. The.CFP was adopted by theAubum School District School Board on May 9, 2011 and has been subject to separate SEPA review and a Determination of Non-Significance (DNS). Information contained in the School District GFP serves as the basis forihe City's callect'ion of school impact fees on behalf of the school d'istrict. The Planning Commission recommendation is incorporation of the Aubum School District Capital Facilities Plan into the City's Comprehensive Plan. A review of the Aubum School DistricYs updated Capital Facilities Plan indicates the District is requesting a change in the fee obligations. The fee obligation for single-family dwellings is proposed to be $5,557.30, an 'increase of$290.97 and facmulti-family dwellings a fee of 2,305.22, an increase of$787.00: The actual impact fee that is assessed is set by ordinance by the Auburn City Council. Staff Recommendation Rlanning Commission to recommend approval to the City Council Page 7 of 35 J$jJ * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001,CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 . Comprehensive PIan.Amendments-Plan Map Amendments and Policy/Text Amendments Plannina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concuRed with the Planning Commission and recommends approval to the City Council P/T#2 Iricorporate the Dieringer School District Capita Facilities Plan 2012-2017 adopted July 25, 2011 as part of the Aubum Comprehensive Plan. Discussion The DieringerSchool District has provided the City with its annually updated Capital Facilifies Plan 2012-2017. The CFP was adopted byShe Dieringer School District Board of Directors on July 25, 2011..The GFP has been subject to,separate SEPA review and a DNS. Information contained irrthe School District CFP serves as thie tiasisfor the City's collection of schoot impacYfees on behalf of the school district. A review af the Dieringer School DistricYs updated_ Capital Facilities Plan indicates the net fee obligation of s,ingle-family dwellings of$5,681.00 and a necaative netf,ee obligation of 1,304.00 focmultiple family dwellings. While the district was not requesting a change from last year's fees of$3,005. for single family residential and $0 for multiple family residential. The city received a request on 11-2&11 to retum to 4he historic fee of$3,500 for single family r'esidential. The actual impact fee assessed is set by ordinance tiy the Aubum City Council. Staff Recommendatron Planning Gommission to recommend approvaf to the City Council Plannina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T#3 Incorporate Federal Way School District Capital Facilities Plan 2012 adopted June 14, 2011 by the Federal Way School Board into the City Comprehensive Plan: Discussion Ttie Fede al Way School District has provided the City with its annually updated Capital Facilities Plan(2012). The CFF was adopted by the Federal Way School bistrict School Board on June 14, 2011. The CFP has been subject to separate SEPA review and a DNS. Information contained in the School District GFP serves as the basis for the City's collection of school impact fees on behalf of the school district. A review of the Federal Way School DistricYs updated Capital Facilities Plan indicates the Distrid is equesting a change in the fee obligations. The net fee obligation forsingle-family dwellings is $4,014:00, representing no change and for multi-family dweliings is $1,253, a decrease of$919.00. The actual impact fee assessed is set by ordinance by the Aubu n City Council. Page 8 of 35 AUBURN * MORE THAN YOU IMAGINED Agenda Subjeet: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments Staff Recommendation Planning Commission to recommend approval to the City Council P/annina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approvai to the City Council PIT#4 Incorporate Kent School District Capital Facilities Plan 2011-2012 to 2016-2017 adopted June 22, 2011 into the City of Aubum Comprehensive Plan. Discussion The Kent Schooi District has provided,its annually updated2011-2012 to 2016-2017 Capitaf Facilities Plan. Tlie CFP was adopted by the Kerrt School District School Board on June 22, 2011 and has been subject to separate SEPA review and a Determination of Non Sign cance DNS). Infortnation contained in the School District CFP serves as the basis for the City's cbllection of school impact fees on behalf of the school district. The Planning Commission adion is incorporation of the Kent School District Capital Facilities Plan into the City's Comprehensive Plan. A review of the Kent School DistricPs updated Capital Facilities Plan indicates the District is not requesting a change in the fee obligations. The Plan indicatesthe net fee obligation for single-family dwellings of$5,486.00, representing no change, and for multi-family dwellings a fee of$3,378.00, also representing no change. The actual impact fee that is assessed is set;by ordinance by the Aubum City Council. Staff Recommendation Planning Commission to recommend approval to the City Council P/annina Commission Recomrrrondation Planning Commission recommended approval to the City Council PGDC Recommendation P,CDC concurred with the Planning Commission and recommends approval to the City Council CPM #5 lncoiporate the City of Aubum's 6-year Capital Facilities Flan 2012-2017, into the Cfty's Comprehensive Plan. Discussion A Capital Facilities Plan is one of tFie comprehensive plan elemerrts required by the Washington State Growth Management Act (GMA) (RCW 36.70A). The GMA requires that a capital facilities plan include an inventory of ezisting capital facilities (showing locations and capacities), a forecast of future needs for such capital facilities, proposed locations and capacities of new or ezpanded capital facilities, and a minimum of a six-year plan to finance capital facilities with ideMified sources of funding. The proposed City of Aubum 6-year Capital Facilities Plan 2012- Page 9 of 35 j$jJ k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003;2011 Date: November 17, 2011 Comprehensive Plan Amendments- Plan Map Amendments and Policy/Text Amendments 2017 satisfies the GMA requirements for a capital facilities element as part of the Comprehensive Plan. Each comprehensive plan prepared under the GMA must include a capital facilities plan element. RCW 36.70A.070(3) of the GMA states the following: A capital facilities plan element consisting of: a)An inventory of existing capftal facilities owned by public entities, showing the locations and capacities of the capital facilities; b) a forecast of the future needs of suoh capital facilities; c)the proposed locations and capacities of expanded or new capital facilities; d)at least a six-year plan that will finance such ppital facilities within projected funding capacities and clearly ident'fiies sources of public money for such purposes; and e)a requirement to reassess the land use element if probabie funding falls short of meeting existing needs and to ensure Shat the land use element, capital facilities plan element,.and fnancing plan within the capital facilities plan @lemerrt are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element. A capital facility is a structure, street or utility system improvement, orother long-lasting majo asset, including land. Capital facilities are provided for public purposes. Capital faciiities include, but are not limited to, the following: streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems; parks and recreation facilities, and police and fire protection facilities. These capitai faciiities include necessary ancillary and support facilities. The proposed City of Aubum 6-year Capital Facilities Plan 2012-2017 is incorporated by reference in the Comprehensive Plan, Chapter5, Capital Facilities. Sta/f Recommendatron Planning Commission to recommend approval to the City Council P/annina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendatron PCDC recommends approval to the City Council with the following addition to the following addition. The following goal and policies be added to Chapter 2, "Goals and Policies° at page 13. Goal 5 Provide public facilities that provide a sense of community that is inclusive of diverse populations. Policy 5.1 .Contribute to community pride and foster a sense of community 4hrough provision of public facilities that create a community gathering placefiorneighbors, family andfiriends. Policy 5.2 Through provision af public facilfties offer a broad range of activities promoting social interactions especially with new residents. Page 10 of 35 U * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17,2011 Comprehensive Plan Amendments- Plan Map Amendments and PolicylText Amendments Policy 5.3 Provide maximum flexibility and multiple uses through design of public facilities that are adaptable to changing interests. Policy 5.4 Provide a community ceMer facility that is financiaily feasible, affordable for participants, and can generate revenue to offset a . portion of the operating costs." CPM #6 Revise the separate Comprehensive Transportation Plan to incorporate the work of the BicycleTask Force Discussion The Comprehensive Transportation Plan is a separate documeM that is incorporated by reference into the City's Comprehensive Plan. The 2009 Comprehensive Plan contained substantive updates to the City's non-motorized transportation elements including bicycle travel. In response to Council and community interest in bicyGing issues and opportunities, Mayor Lewis fortned the City of Aubum Bicycle Task Force in March 2010. Mayor Lewis charged the Task Force to develop recommendations on bicycle facilities, issues and opportunities centered on the principles of connectians among and between the community, recreation and economic development. The Bicycle Task Force was comprised of 12 individuals plus representatives from Aubum School District, Green River Commun'ity College and Cascade Bicycle Club that were invited to be part of Task Force. The Chair was Terry Davis and the Vice Chair was John Calnan who is a member of the Ciry's Transportation, Trails and Transit Gommittee. The Task Force met a total of 14 times between April 2010 and November 2010 including a 3 hour community tour on Saturday, July 24. 2010 and a joint me_eting with Auburn Tourism Board and Auburn Downtown Association on August 12, 2010. The Committee worked on a variety of issues including mapping of bicycle facilities and ident cation of bicycle related projects and priorRies. At the City Council's Committee of the Whole meeting on November 29, 3010, Chair Davis presented the Task Force's recommendations to the City Council. As a resuft of the Council support of these recommendations staff has prepared updates to relevant chapters of the Comprehensive Transportation Plan that incorporated these recommendations. The Bicycle Task Force's recommendations are divided into short-term recommendations and long-term recommendations as follows: ShoR-Term Recommendations: Use Sharrows'lShare The Road Signage in residential and some non-residential areas of City. Implement a Pilot Program Concept for Sharrows/Share the Road consisting of: 0 1&24 month program period o Pre-established pertortnance measurements Sharrows also known as shared lane markings,are on-street legends that reinforce the existing rules of the road.They are not separatebikeianes:a motorist canstill drive over the sharrows. Motoris4s should e ect to see and shafe the lane with bicyclists. Shartpws indicate to bicyclists the best place to ride in the lane. Sharrows are typically used in locations where the roadway width s not adequate to provide dedicated bike fadlities or on downhill lanes where bicyclistsmight travel a similar speed as motor vehiGes. Page 11 of 35 AUBURN * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002;&CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments o Pre-established reporting protocols o Future policy consideration opportunity for City Council Continue installation of bike lanes in parts of City where there is existing/adequate right-of- way. Develop Aubum specific bicycle signage program to highlight corridors, connectors and in- city/out of city destinations. Make improvements to existing Interurban Trail — signage, pavement conditions; vegetation mairrtenance, grade crossings, and upgrades to user facilities at Main Street crossing. Long-Term Recommendations: Develop capital improvement program project with cost estimate for design and constniction of bicycle/pedestrian bridge at southem terminus of M St. west of existing Stuck Riv_er Vehicle Bridge. Develop capital improvement program project with cost estimate for design and construction of innovative and safe pedestrian/bicycle crossing at M St./Auburn Way South intersection. Install one or more bike boxesZ through "pilot program" approach to test effectiveness and public response - possible locations .West Main StreeUC Street intersection,. M StreeUAuburn Way South intersection, Ellingson Rd/A Street intersection. Install bicycle/pedestrian crossing waming systems along Interurban Trail at all crossing locations including 277"' Street, 37`" St. NW, West Main St. and 15t" St. SW. Develop an official Aubum Bike Map In addition, the Task Force presented the City Council with bicycle oriented economic development recommendations including: Develop the Sounder Station as"starting poinY'for bike club rides. Rally the Auburn Dovirntown Association and Aubum Tourism Board to develop business support for bicycle riders/create bike-friendly businesses. Greate the perception of Auburn as "Bicycle City of South King County". Use social media to advertise Auburn as a bicycle friendly community. Connect with different types bicycle organizations aboutbicycling opportunities in Aubum. Establish an annual bike event in Aubum similar to Redmond Criterium and Enumclaw Days that offer bike awareness and other events such as time trials, road races and muitiple terrain racing. Develop an annual road race on Auburn streets; work with promoters to have different levels of road racing to appeai to multiple types of riders. Tie in with bicycle racing events at Pacific Raceway such as weekly criterium races, mountain biking and Cyclocross. 2 Bike Boxes are a traffic wntrol device at signalized intersecbons that require motorists to stop a short dishance before the crosswalk and allow bicyclists to stop in the area between the cars and the crosswalk. Bicycle boxes give bicyclists priority by aliowing them to go to ttie head of the line Page 12 of 35 AUBURN * MORE THAN YOU IMAGINED Agenda SubJect: CPA11-0001, CPA11-0002, &CPA11-0003, 2D11 Date: November 17, 201.1 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Teut Amendments In concert with 4hese recommendations, a new map referred to as Figure 3-5 is proposed to 6e incorporated into the Comprehensive Transportation Plan. This map specifies a bicycle system composed of key north/south corridors and easUwest connectors. Staff Recommendation Planning Commission to recommend approval to the City Council Planninp Commission Recommendation Planning Commission recomrtiended approval to the City Council however, excluding the long- term recommendation for implementing a pilot program of bike boxes. The effect is removing narrative#3, page 3-11 and policy TR-146, page 5-19 of the Comprehensive Transportation ' Plan. PCDC Recommendation PCDC recommends approval to the City Council retaining the originai staff proposed language which includes the long-term recommendation for implementing a pilot program of bike boxes. P/T#7 Revise the separate document: Comprehensive Drainage Plan (CDP) to Revise Plan Project Number 13 (A&B), Flooding of 30th Street NE. Discussion Revise the separate document: Gomprehensive Drainage Plan (CDP) to Revise Plan Project Number 13 (A&B), Flooding of 30th Street NE. The Comprehensive Drainage Plan 'is a separate document that is incorporated by reference in the City's Comprehensive Plan at Chapter 5, Capital Facil'i4ies. ' The 2Q09 Comprehensive Drainage Plan recognized that additional modeling of the Project Number 13 (A&B), flooding of 30th Street NE needed to be conducted to determine the appropriate method of addressing flooding problems within this drainage basin. The City has oompleted the modeling arid has proposed to revise the following portions of the plan to include the results and recommendation of this modeling effort. The following sections are proposed to 6e revised: Executive Summary, Table ES-2, pg ES-9; Chapter 6, Capital ImprovemeMs, pg 6-19 thru 6-20; Chapter 7, Impiementation Plan, pg 7-2 thru 7-4 & ImplemeMation Plan Timeline;&Chapter 8, Financial Plan, pg &7 thru 8-9, Staff Recommendation Planning Commission to recommend approval to the City Councii P/annina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T#8 Page 13 of 35 AUBURN * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: Novemberl7, 2011 Comprehensive Plan Amendments-Plan Map Amendments and PolicylText Amendments Update the previous conditionally-approved Northeast Aubum/Robertson Properties Special Area Plan (Approved by City Council Ordinance No. 6183) — Referenced within Chapter 14, Comprehensive Plan Map Discussion This policy text amendment is to update the previous conditionaily-approved Northeast AuburNRobertson Properties Special Area Plan that was provisionally approved by the City Council by Ordinance No. 6183 in 2008. This Special Area Plan is incorporated by reference within Chapter 14, Comprehensive Plan Map. Chapter 14 of the City's Comprehensive Plan ident es the Northeast Aubum Special Plan Area that covers properties east of Autium Way NoRh, west of the extension of I ST NE, south of 277'" ST and north of approximately 45' ST NE. This Plan is proposed to be updated prior to the end of this year as part of the City's 2011 Annual Comprehensive Plan docket to reflect the current development plans and environmental documentation for the Aubum Gateway Project. More specifically, the plan is being revised for the following reasons: Impacts of the acquisition and development of an additional 11 acres by Robertson Properties Group (RPG) subsequent to the original EIS; RPG's determination to conduct phased project development in two phases that could. be developed independently orjointly; and, Changes in city regulations and development standards such as: o The city's adoption of new floodplain regulations may affect the proposal. Unless future project is otherwise exempt under the provision of ACC 15.68.130, the project is located in aSpecial Flood Hazard Area (SFHA) and Riparian HabitatZone (RHZ) and would be required to obtain a City of Aubum Floodplain Development Permit, including the submittal of a habitat impact assessment report;. o City adoption of a critical areas ordinance; o, Changes in Comprehensive Plan transportation policies; and Changes in extemal circumstances over the intervening period of time including the completion of the Port of Seattle's adjacent wetland mitigation property construction, the completion of the Trail Run Plat and the completion of Monterey Park Plat and associated I Street NE extension) The proposed changes are shown in the original document with strike through and underline to indicate revisions. Staff Recommendation Planning Commission to recommend approval to the City Council P/annina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concuRed with the Planning Commission and recommends approval to the City Council PfT#9 -VARIOUS (seven miscellaneous amendments) Item 9-A Revise for target population numbers& census data - Chapter 3, Land Use; Chapter 4, Housing and Chapter 8, Economic Development Page 14 of 35 T riU BURN * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments Discussion The City is proposing to revise the text of three chapters (Chapters 3, 4 &8) and two figures within these chapters (Figure 4.5 and Figure 8.1) of the Gomprehensive Planto update the changes in city population as reported by U.S. Census Bureau (American Community Survey) and population target data. In 1997 the Washington State legislature adopted a Buildable Lands amendment to the Growth Management Act(GMA) (RCW 36.70A.215). The amendment requires certain Washington State counties and their cities to determine the amount of land suitable for urban development and to evaluate their capacity for growth based on past development history. Both Pierce and King Counties are subject to the State Buildable Lands requirement. In addition, both courrties use the Buildable Lands effort to assist in the allocation of population/housing uniUemploymerrt targets to individual jurisdictions within the respective counties as required by the GMA. The first buildable lands reports were based upon data through 2002; the second reports, published in 2007, are current through 2005. The next scheduled update is 2012. In between the required reporting time periods the population/housing uniUemploymerrt targets are estimated. The Buildable Lands anaiysis involves the identfication ofvacant and redevelopable land suitabie for development over the planning horizon, generaily 20 years. Land suitability takes into consideration estimates of how critical areas, land'that migM be needed for public purposes e.g. parks, storm drainage), and land needed for future streets will effect development of these vacant and redevelopable parcels. Staff Recrommendation Plannirig Commission to recommend approval to the City Council Plannino Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred wkh the Planning Commission and recommends approval to the City Council Item 9-B Add new section on Climate change and greenhousegas emissions- Chapter 9, Environment, Objective 18.6- Energy Efficiency Discussion In 2009, the City Council adopfed Resolution No. 4477 resolving to join ICLEI — Local Govemments for Sustainability (ICLEI- acronyms intentionally don't match) and pledging that the City of Aubum would undertake ICLEI's five mitestones approach to reduce greenhouse gas and ,air pollution emissions. In 2010, the City completed an inventory of 6oth municipal and community greenhouse gas emissions using a 2008 base year. The inveMory, errtitled Greenhouse Gas Inventorv for-the Citv of Aubum, Washinaton, included base year estimates of greenhouse gas emissions and emissions foreca§ts for years 2015 and 2020. In 2010, the inventory was adopted as a policy background document for the City of Aubum Comprehensive Plan (see Comprehensive Plan. Appendix B). To build on this policy direction; the City is proposing to add four policies to Chapter 9, Environment and also proposes to move the City's Page 15 of 35 U * MORE THAN YOU IMAGINED Agenda Subject:. CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17;2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments existing objedive and five policies related to air quality (Objective 18.2 and policies EN-18 through EN-22) to this section. Staff Recommendation Planning Commission to recommend approval to the City Council Plannina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council Jtem 9-C Recognize Economic Development Strategy Areas-Chapter 3, Land Use, Chapter 8, Economic Development, pages, Chapterl4, Comprehensive Plan Map Discussion The City is proposing to revise ihe text of three chapters of the Comprehensive Plan to recognize additional economic strategy areas. In 2005 the city convened a focus group of business and community interests to identify economic development oppoRunities within the city. The results of these efforts were. documented in the Economic Develoament Strateaies document. Jt identified approaches and actions associated with siz specific ereas of the city: During the 2011 city council retreat, two additional areas of the city were identified as additions to the 2005 Economic Development Strategies documents' six strategy areas. These eight economic development strategy areas are targeted for population and employment growth to meet the City's 20-year (2031) growfh target. The retreat also recommended sub-area plans should be developed for these strategy areas. TFie economic development strategy areas are as foliows: Aubum Way North Corcidor Aubum Way South Corcidor Urban Center Auburn Environmental Park and Green Zone 15th StreeYSW/C Street SW/West Valley Highway/Supermall A Street SE Corridor SE 312th StreeU124th Avenue SE Corridor M Street SE between Aubum Way North and Aubum South The proposed policy changes generally add language to recognize the addition of the new economic strategy areas. Staff Recommendation Planning Commission to recommend approval to the City Council Plannina Commission Recommendation Planning Commission recommended approval to the City Council PGDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Councif Page 16 of 35 riV BURN * MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17,2011 Comprehensive Pian Amendments-Plan Map Amendments and Policy/Text Amendments Item 9-D Comprehensive Plan Appendix B, Reports and Studies, Incorporate the following documents: Downtown Urban Core Task Force Draft Final Report & Bicycle Task Force End Report Discussion Appendix B of the Gity's Comprehensive Plan document lists and summarizes reports thffi haye been prepared ar available as background to the Comprehensive Plan. The general objective of these proposed policy/text amendments is to update and increase the consistency of4he Gomprehensive Plan. A summary of the Downtown Urban Core Task Force Draft Final RepoR Bicycle Task Force End Report (a powerpoint presentation) is proposed to be summarized. Staff Recommendation Planning Commission to recommend approval to the City Council Plannina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council Item 9-E In Policy LU-15 change the reference to "street lights" in the description of road improvements within the Residential Conservancy zoning district, Chapter 3, Land Use, Goal 7 -Residential Development Discussion At the December 13,.2010 Planning.and Community Development Committee (PCDC) meeting of the city council, during the discussion of 2010 annual comprehensive pian amendments, the council members asked that the following change be identified for a future amendment. It was noted that there are street lights with Residential Conservancy designated areas of the cfty; so to say that,there are none is the document currerrtiy does is inaccurate. The provision of street lights was compared to the City's Public Works Design Standards. The Design Standards provide that street lights are only required at streetintersections so the policy statement is being revised to agree. Staff Recommendation Planning Commission to recommend approval to the City'Council Plannina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council Item 9-F Clarify the term: "market factor" as used in this Buildable Lands Section, Chapter 3, Land Use, Buildable Lands - Land Supply and.Development Capacity Discussion Page 17 of 35 J$LJ'k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and PolicylText Amendments At the October 25, 2010 Planning and Community Development Committee (PCDC) meeting of the city council, during the discussion of 2010 annual comprehensive plan amendments tfie council members asked ihat an explanation of"market factor" be added to the text in the future. In this coMexE"market factor" is used to adjust the amount of vacarit and rede4elopable land that is not reasonably expected to become available during the planning horizon. Comprehensive Flan, Chapter 3, Land Use, page 3-3, under the section heading of: "Buildable Lands—Land Supply and Development Capacity" is being changed to add further explanat'ion. Staff Recommendation Planning Commission to recommend approval to the City Council P/anninq Commission Recommendation Planning Commission recommended approval tothe City Council PCDC Recommendation PCDC concuPred with the Planning Commission and recommends approval to the City Council Item 9-G Add policy statement to recognize support for and transition to altematively powered vehicles Chapter 9, Environment,Dbjective 18.6, Energy Efficiency Discussion As paR of last year's amendments, a new policy EN-41.A was added to Objective 18.6 (Within Chapter 9, The Environment) to provide policy support for future change in development regulations in response to House Bill 1481 adopted in April 2009,to encourage the t anskion to eledric vehicle use. At the Planning and Community Development Committee (PCDC) meeting of the city council, during the discussion of 2010 annuai comprehensive plan arriendments 4he council members asked that the policy be mod ed in the future to recognize other altemative forms of power for vehicles: Staff Recommendation Planning Commission to recommend approval to the City Council Plannina Commission Recommendafion Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T#10 Revise discussion and/or policies to emphasize manufacturing land uses in industrial zones Chapter 3, Land Use; Chapter 8, Economic Development; Chapter 14, Comprehensive Pian Map Discussion The Washington State Legislature passed Substitute Senate Bill 5089 on March 22, 2007 that became effective on July 1, 2008 that changed Washington's salestax collection system from an origin-based system for local retail sales tax to a destination-based system.` Previously; Washington retailers collected local sales tax based on the jurisdiction from which a producY was shipped or delivered -the "origin" of the sale. Presently, they must collect based on 4he Page 18 of 35 jJj * MORE THAN YOU IMAGINED . Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-ODD3,2011 Date: November 17, 2011 Comprehensive Plan Amendments- Plan Map Amendments and Policy/Text Amendments destination of the shipment or delivery-the"destination" of the sale. Destination-based sales ax applies only to businesses that ship or deliver the goods they sell to locations within Washington. Under the destination based system, if a retailer deiivers or ships merchandise to a buyer in Washington State, the sales tax is collected based on the rate ffi the location where the buyer receives or takes possession of the merchandise. The destination based system has shifted the distribution of local sales tax around the state. As a result of this legislation, the City of Aubum has experienced a net loss in sales tax revenue totaling approximately$2 million annually due to the large presence of warehousing and distriliution u"ses in the City: While the City has been a recipient of sales tax mitigation payments from the State of Washington that has served to offset these losses, the continued availability of these payments is not certain due to current and future State budget issues In November 2004, the City Council approved Resolution No. 3782 that outlines an approach and actions the City will take related to land use planning, zbning and other matters in the event a sVeamlined sales tax proposal or other similar proposals that change the tax structure are adopted. Included in this resolution is direction to consideramendmerrts to the comprehensive plan and zoning codes to reevaluate the existing industrial land use designations and pattems in the Cfty. To ensure the City's long-term ability-to invest in public infrastructure and services remains viable, the City must pursue implementation of policies thaY incentivize the transition of currerrt and future land uses in its industrial zones away from distribution and warehouse uses. The City believes that manufacturing and industrial land uses should over time largely replace warehouse and distribution land uses currently exis4'ing in the City and that any future warehouse and distribution uses should be ancillary to and necessary for the conduct of manufacturing and industrial uses. Manufacturing and industriai uses are more appropriate and beneficial through higher and better use of the land, enhanced employment densities, increased property tax revenues and potential on-site sales tax revenue generation for receipt of materials and o4her goods and services. In addition, the City 6elieves that policies that promote and incentivize greater retail uses in industrial districts should be imp emented to increase the City's overall base of retail uses thereby increasing the City's overall collection of sales tax revenue. Text amendments to Chapters 3 (Land Use), . 8 (Economic Development) and 14 Comprehensive Plan Map) of the Comprehensive Plan have been prepared to create a policy founiiation for the promotion and incentivization of manufacturing and industrial uses in industrial zoning districts to increas,e the overall diversity and number of these uses in the City of Aubum. In addition, text amendments that support the increased allowance of retail uses in the City's industrial zoning distrids have been prepared. 'fhese amendments would create a policy framework to support changes in the City's zoning code that would lead to greater use flexibility for these uses in indusVial zoning districts, thereby assisting in increasing the City's overall retail base and its collection of associated sales tax revenue. Staff Recommendation Planning Commission to recommend approval to the City Council P/annina Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council Page 19 of 35 J$iJ k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policylfext Amendments NOVEMBER 9, 2011 PLANNING COMMISSION PUBLIC HEARING -----------_____ CPM#3 1. The applicant submitted a comprehensive plan map amendment application on June 9, 2011 by the submittal deadline of June 10, 2011. The comprehensive plan map amendment application seeks to change the mapped land use designation for two parcels shown on Map No 14.1, titled Comprehensive Plan. 2. The application was submitted by Jon Cheetham, Managing Member of Terrace View Properties, LLC on behalf of the limited liability corporation, applicant. 3. In addition to the Comprehensive Plan map Amendment, the applicant submitted an environmental checklist application. 4. The application seeks to change the comprehensive plan land use designation for two parcels located on the east side of A Street SE (a.k.a. East Valley Highway) from "Light Commercial" to "Heavy Commercial". The parcels are identified as tax parcels: 3121059056 and 31221059010 and together contain approximately 2.22 acres. The properties are identified as being located at the address of 5680 A Street SE. 5. The two parcels have been previously cleared and developed. The majority of the area is graveled and the southem parcel contains a mobile homeloffice that appears vacant. 6. The adjacent street, A Street SE is designated a principal arterial street in the city's Comprehensive Transportation plan. 7. The property is located within the King County portion of the City of Auburn. It was annexed to City in 1962 by Ordinance No. 1492 and was originally zoned UNCL, unclassified which assumes an R1, Single Family Residential standard (referring to the former code designation system). The properties were subsequently changed to R2, Single Family Residential (referring to the former code designation system) in 1987 and then subsequently changed to C1, Light Commercial. 8. The current Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are as follows: CompreheosivePlan Zoning LandUse Slte Light Commercial C1, Light Commercial Vacant with mobile home%ffice North Light Commercial C1, Light Commercial Sin le famil residential South Light Commercial Cl, Light Commercial Construction Contractor's yazd in Pierce Co. portion of Auburn Page 20 of 35 AUBUR T * MORE THAN YOU IMAGINED Agenda Sub)ect: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensi4e Plan Amendments-Plan Map Amendments and PolicylText Amendments East Moderate Density R-7(Residential 7 Undeveloped forested Residential du/acre hillside West City limiTboundary West of A Street SE& A Street SE and and in Burlington North Burlington Northern Pacific City limits, Raitroad line designated designated"Open Space" "Open space"in the ciry road line within city of Pacific. miu and vacant beyond ci limits Page 21 of 35 AUBURLV 'k MORE THAN YQU IMAGWED Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments- Plan Map Amendments and Policy/Text Amendments 2011 Proposed Comprehensive Plan.4mendmcnt Map- CPA 1 I-0001. l'V LLC EXISTING I a; ;;. : ni a ' t I h, PROPOSED T. ___—.— i li i i t; I 7'. T I 3 l , y/^ 'si aiemoxoeua xu.+n mi nnn vNasa m i n b c;ryi.mie lL1J Ir e,oraKn_au.u..c„em wncomm ai N a i, r, slreio-rw idr R.i,e i + iM.r i a,dai Page 22 ot 35 AUBURN * MORE THAN YOU 1MAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments- Plan Map Amendments and PolicylSeM Amendments 9. 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 coMained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capitaf,budget decisions shall be made in conformity witfi the comprehensive plan. " 10. The City code provides certain criteria for decisions for comprehensive plan amendments as follows: ACC 14.22.110 Decision criteria for plan amendments. A. The comprehensive plan was developed and adopted after signficant 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 demonsVate that the request complies with and/or roelates 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 detertnination of change or ladc 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/orPierce County, as appropriate, and Vision 2040: Growth and Transportation Strategy for the Puget Sound Region.° 11. 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. The Comprehensive Plan contains a number of areas of policy guidance that relate to this application. Chapter 14, Comprehensive Plan Map, starting at page 14-1D provides the following purpose and description of the 'Light Commercial' Comprehensive Plan designation: Purpose: To create people oriented commercial areas to supply a wide range of general commercial services to area residents." Description: This category represents the prime commercial designation for small to moderate scaie commercial ac4ivities. These commercial areas should be developed in a manner which is consistent with and attracts pedestrian oriented activities. The Page 23 of 35 TT t1U BURN 'k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments ambiance of such areas should encourage leisure shopping and should provide amenities conducive to attracting shoppers." Compatible Uses: A wide range of consumer oriented goods and services are compatible within this designation since the emphasis would be on perFortnance criteria which create an attractive shopping environment. However, ases which re/y on direct access by vehicles or involve heavy truck tra c (other than for merchandise delivery) are not appropriate in this category. Unsightly outdoor storage and similar activities should be prohibited. Permitted uses would consist of retail trade, offices, personal services, indoor eating establishments, financial institutions, govemmental offices, and similar uses. Mukiple family dwellings should be encouraged as part of mized-use developments where they do not interfere with the shopping character of the area, such as within the upperstories of buildings. Since tavems cam b,reak up the continuity of people oriented areas, tavems would be permitted generally only as a conditional use. Drive in windows should only be allowed as ancillary to a permitted use, and oniy when carefully sited under the conditional use perrnit.process in order to ensure that an area's pedestrian environment is not seriously affected." (Emphasis added) Criteria for Designation: This designation should include moderate sized shopping centers, and centrally located shopping areas. This designation should be prefeRed for commercial sites where visual and pedestrian amenities are an importard concem outside of the downtown." Consideretions Against Applying this Designation: Commercia/ areas which cannot be readity separated from high tra c vo/umes (such as shaflow lots a/ong busy aKeria/s) shou/d not be inc/uded in this designation. Areas not large enough for separation from any adjacent heavier commercial or industriaf area should not be designated as IighYcommercial. (emphasisadded)" Appropriate Implementation: This designation is implemented by the C-1 Light Commercial District. This district provides fo a wide range of small and moderate scaie commercial oriented towards the leisure shopper and pedestrian orieMed activities." 12. For comparison, Chapter 14, Comprehensive Plan Map, starting at page 14-12 provides the following purpose and description of the 'Heavy Commercial' Comprehensive Plan designation: Purpose: To provide automo6i/e oriented commercia/ areas to meet both the locaFand regiona/need for such services." Description: This category is intended to accommodate uses which are oriented to automobiles either as the mode or target of providing the commercial service. The category would also accommodate a wide range of heavier commercial uses involving extensive storage or heavy vehicular movement." Compatible Uses: A wide variety of commercial services oriented to automobiles are appropriate within this category. This includes automobile sales and service, drive in restaurant or other drive in commercial business, convenience stores, etc. Since these uses are also compatible with heavier commercial uses, lumber yards, small scale Page 24 of 35 TT riVBURN 'k MORE THAN YOU IMAGINED AgendaSubject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: Novemberl7, 2011 Coriiprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments warehousing, contractor yards and similar heavy commercial uses are appropriate in this designation." Criteria for Designation: This designation should on/y be applied to areas which are highty accessib/e to automobiles along maJor arteria/s. Generally this category would characterize commercial strips. This zone is appropriate for the iirtersections of heavily trave%d arterials, eyen if adjaceM sites are best suited for another_commercial designation.° (emphasis adde Gonsiderations Against Applying this Designation: Areas which cor flict with single family residential areas or areas more suited for otRer uses. Whenever possible this category should be separated from all uses by extensive buffering." Appropriate Implementation: This category. is implemented by the C-3 Heavy Commerciai District." 13.Also, later in Chapter 3, Land Use, the documeM describes the purpose of the commercial land use designations of the pian. The comprehensive plan provides the following guidance on commercial uses located along transportation corridors: Highway Commercial While commercial uses along arterials (often called "strip commercial" development) provide important services to community residents, the proliferation of commerciai uses along arterials raises several land use planning issues. On the negative side, strip commercial development creates traffic flow problems and conflict with adjacent land uses. Due to their"linear"nature, commercial strips result in a maximum area of coMad between commercial uses and other land uses resulting in a high potential for land use conflicts. Poor visual charecter due to excessive signage and architectural styles designed to attract attention instead of promoting:a sense of community is an additional concem. Pedestrian shopping is .made difficult, resulting in greater generation of automobile traffic, and large fields of asphalt parking lots are needed to accommodate single purpose vehicle trips." Despite the problems associated wRh commercial developmenY along arterials, many such,Iocations are often guite unsuitable for other uses, due to the impacts associated with heavy tr c volumes. Also, many commercial uses thrive at such locations due to high visibility and accessibility. The Plan seeksto manage existing arterial commercial areas to take advantage of the accessibility they provide; while minimizing traffic and land use conflicts and improving their visual appearance through an enhanced design review process and deyelopment standards.° Objective 9.3. To encourage the.appropriate use ofareas adjacent to heavily traveled arterials while minimizing land use and traffic conflicts by: Managing the continued commercial development of existing commercial arterials in a manner which minimizes4ra c and land use conflicts." Page 25 of 35 A[JB[J k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17; 2011 ComprehensiJe Plan Amendments-Plan Map Amendments and Poiicy/Teict Amendments Conserving residential qualities along heavily traveled arterials which 'are not yet commercialized, by restricting commercial development to types which provide an appropriate buffer." Protecting existing, viable residential areas along lesser-traveled arterials, from commercial development." The following excerpted policies relate to this discussion of commercial uses located along transportation corridors. Policies: L1ti58 The City shall idenfify those existing commercial arteria/s that are appropriate for continued general (heary) coinmeicial development, and those arterials thai are appropriate for continued or futur!e llmited . J.e. professiona/ o ce type) commercial developme rt" (emphasis added) LU-60 The City shall encourage the grouping of individual commercial enterprises along commercial arterials to promote the sharing of parking areas, access drives and signs. Such grouping can be encouraged through land division regulations, sign regulations and development standarcls." L[62 Arterials experiencing strong pressure for commercial deVelopment, 6ut not yet committed to general (heary) commercial uses, shall be designafed for mixed light commercia/ and moderate density multi- family uses. Development regulations should encourage the deve/opment of professiona/ office and similar uses and small scale mu/tip/e family housing, with deve/opment and design standards carefully drawn to ensure preservation of a quality living environmen!in adjacent neighborhoods. Developmenf regulations could a/so allow other tigh!commerclal and higher density multl-family hoasing, sub/ect to an extensive public review, and possibly a design review process." emphasis added) LU-66 The City should develop design standards and guidelines for development along arterialsto improve their visual appearance." Thus, while commercial 'strip' development along corridors is generally discouraged as sprawl and can resutt in negative visual and functional impacts, it is recognized 6y the Comprehensive Plan that the location of commercial services along corridors p ovides some community benefits and several policies are direded at implemeMing code changes and authorizing development only in a manner that seeks to minimize the negative effects. 14. In addition Chapter 14, Comprehensive Plan Map, recognizesthat policy statements do not fit all circumstances. The Plan recognizes that in some cases the general policies established by this Plan need further articulation or clarification due to particular concems associated with specific geographic areas. In other cases, the application of the Plan's general policies may be inappropriate for a specific area due to unique circumstances, requiring that specific "exceptions" to these generel policies be established. The section Page 26 of 35 AUBURI T 'k MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: Novemberl7,2011 Comprehensive Plan Amendments-Plan Map Amendments and PolicylText Amendments entitled "Transitions" identifies these spec c areas and establishes either supplemental policies or exceptions to the general policy. This transition section spe cally recognizes and.addresses the eMiretyof the A Street SE corridor virithin the city as follows: A Street SE Area: A Street SE corridor, extending from Highway 18 to the north; to the city limits to the south, the BNSF rail lines/rail yard to the west and D Street SE (extended to the south)to the east. Problem: A St eef SE provides for a sign cant level of t affic that offeis the pote tia/ to attract customers to support existing and future business along ffiis corridor. Cha//enges include better definitiomof the transition between reside al neighbofioods and#uture commercea/ developmeni ro provide predictability for both neighborhood res/dents and commercial uses, as well as how to address historical uses such as mobile home parks and industrial development along this corridor that occupy property that is tietter suited for other uses. (emphasis addedJ Policy III. H. Define appropriate transition boundaries between commercial and residential development in a manner that protects residential uses while providing for economic development opportunities along the corridor.. Policy III. I. To ensure protection the of adjacent residential neighborhood and residential uses located east of B Street SE between 8' and 17"' Streets SE from commercial development on the west side of B Street SE, , special development standards shall be adopted. The special development standards could include requirements for increased building and parking setbacka andlor landscape butfer treatment. The standards may also include the implementation of traffic calming measures as appropriate to reduce traffic impacts on the adjacent residential neighbofiood located east of B Street SE between 8"' and 17'h Streets SE." Again, within this section, the Gomprehensive Plan recognizes that commercial 'strip' development along transportation corridors is generally discouraged as sprawl and if uncontrolled can result in negative visual and functional impacts. This language is balanced with recognition that commercial development along cor[idors provides convenient needed services. Additionally, this section prescribes that transitions should be provided between commercial uses and residential uses by city regulations and by the manner in which development is authorized. Considering the sum of all of the drfferent sections of the Comprehensive Plan together, the more spec c descriptions of each of the Iand use designations supports the requested change. The proposed corriprehensive plan amendment seeks to change the designationlo allow more intensive land uses and those which are attractive to vehide service and the traveling public. Since the property is located along a heavily traveled principal arteriai street, the proposed change more closely matches the description of the purpose of the Heavy Commercial" designation; it is located along a major arterial and is highly accessible to automobiles. The current "Light Commercial designation is less appropria4e for the properties since the development is readily accessible to vehicles and there is not sufFcient width to separate the development from the heavily traveled corridor. Page 27 of 35 J$LJ k MORE 7HAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, & CPA11-0003, 2011 Date: Novemberl7, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/TeM Amendments However, the proposed amendment is not an expansion of an existing Heavy Commercial designated area and would intery'ect a different designation between two areas currently designated as"Light Commercial". It may be appropriate to re-evaluate this comdor. The City stiould considerdocketing for a possible a future change to the land use designations along the east side of this corridor. This effort would provide an opportunity study and potentially change a more significant portion of the corridor when impacts can tie assessed and managed. 15. The second decision criterion is that the comprehensive plan amendment musY not diminish or increase the ability to.provide adequate services: The proposed change by itself, if approved wili not affect the ability to provide adequate services. HoweVer, the change the Comprehensive Plan map; if approved could lead to cumulative applications by other properties in the vicinity for changes to the land use designa4ion and irrtens cation of development. While public services, such as police and fire could like accominodate the change in land use designation, full public infrastructure is not curreMly in place. The Valley Regional Fire Authority did not have any comments in response to the application. While there is adequate water (16 inch water main) in A Street SE, the road continues to be two lanes; it has not been widened in the area of the subject properties as done in other segments farther to the north and south and has roadside ditches to provide storm drainage. Also, a sewer would have fo be extended to serve the site. However, to require that infrastructure as a precursor is not always viable as the City often relies upon deveiopment to provide fhe public infrastrudure improvements needed to support the development as the development occurs. Under the current conditions; as with many properties in the city, the infrastructure improvements would be the responsibility of future development. At the time of development, adequate services would be provided for the deveiopment to be authorized so it is not anticipated that approval of the request negativeiy affects provision of services. 16. 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 comprehensive plan seeks to discourage commercial 'strip' development along corridors since it can result in negative visual and functional impacts, balanced with this the Plan recognizes by the comprehensive plan that the location of commercial services along corridors provides community benefits. Also, the more speci£c language of the plan as found in the purpose statements of the land use designations for "Light Commercial" and "Heavy Gommercial" supportthe application based on the site's proximity to a heavily traveled arterial. 17. 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 Again, the comprehensive plan seeks to discourage commercial 'strip' developmerrt along corridors since it can result in negative visual and functional 'impacts, balanced with this, the Plan recognizes that the location of commercial services along corridors provides community benefits. Also, the more spec c language of the "plan as found in the purpose statements of the land use designations for "Light Commercial" and Heavy Commercial" support the requested change based on the site's proximity to a heavily traveled arterial street. 18. The fifth decision criterion is that the change must be detertnined to be consistent with the Growth Management Act (RCW 36JOA), the Countywide Planning.Policies of the relevant county and "Vision 2040: Growth and Transportation Strategy for the Page 28 of 35 t1UBURI T 'k MORE THAN YOU 1MAGINED Agenda SubJect: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments Puget Sound Regiod'.. The change if approved would coritinue to be consisterrt with the Growth Management Ad.(RCW 3670A), the Gountywide Planning,Poiicies of King County and "Vision 2040: GrowEh and Transportation Strategyfor Ehe Puget Sound Region°. The proposal is consistent because it continues to allow commercial uses; only of a more intensive nature and more spe cally oriented to the traveling public. Staff Recommendation Planning Commission to recommend approval to the Gity Council P/anninp Commission Recommendation Planning Commission recommended approval to the City Council The Planning Commission also suggested that the east side of A Street SE between Lakeland Hills Boulevard SE and Lake Tapps Parkway SE be studied in the future for potential changes in the land use designations. PCDC Recommendation PCDG concurred with the Planning Gommission and recommends approval to the City Gouncil Policv/Text AmendmenYPlT#71 and Maa Amendment CPM#4 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 preparation of the speciai area plan called for the city's Comprehensive Plan. The preparation process of this special area plan document is expected to extend into next year and not be completed this yeac This year some revisions and 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 sta" special planning areas discussionwithin Chapter 14; Comprehensive Plan Map, and b. revise Map 14:1, Gomprehensive 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 6y Jami Balint, Attomey 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 1420 through 14-22 within Chapter 14, Comprehensive Pian Map. The changes generaily include the following: c. Refer to the subsequent plan preparation as a "sub-area plan" rather than element" of the Gomprehensive Plan. d. Eliminate the reference to the maximum number of dwelling units to be allowed and revise wo ing to instead detertnine the appropriate number of dwelling units as part the special area plan development processwith public input. Page 29 of 35 J$jJ k MORE TNAN YOU iMAG1NED Agenda Subjeet: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Gomprefiensive Plan Amendments- Plan Map Amendments and Policy/Text Amendments e. Revise wording to refer to future stormwater management within the special plan area to be consistent with ciry s4andards rather than discharging to Bowman Creek and to the city stormwater facilities as current wording does.. f: 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: g: Revise wording to recognize that land uses could be differerrt 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 tha4 area already described. h. 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 soutfiwest by adding parcels (Applicant originally proposed`seyen parcels; staff recommended an eighth). Asbofh these maps show the'special plan area, tfie same change affects both maps. The following map shows an expanded View of the change to Map 14.1 "Comprehensive Plan". Page 30 of 35 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments - Plan Map Amendments and Policy/Text Amendments 2011 Comprehensive Plan Map Amendment CPAll-0002 v i _ d,..:.a u i i' ;.,, . > EXISTING ' I C r. y , h T 7 L 4.: 4 ' `jit_ y r{I Z r-,,.:\w,, sn,cK RIVER Y p\ r I MOUNT RAINIER VISTA ___ d o,.,:m o ' Y L M 1 ' s , ta r,:.:-E11,?it,. m . . _ I Il I PROP_OSED 4, n , g( j , i: y,•`: G ° 1 p, u t f "ri,1 i,,,„—r, LL O'm Pom i . i a —• rrn4 I I E ^hu, ii u i " Ui l i j!,, ; _Irr„ , n, R„u. STUCK RIVERu ROADi 1 1 Agenda Subject:. CPA11-0001, CPA11-0002, &CPA11-0003,2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/TeM Amendmerrts 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 otherdevelopment codes contained or referenced within Aubum City Gode shall be consistent with and implement the intent ofthe comprehensive plan. Capital budget decisions shall be made in cor formity with the comprehensive plan. " 6. The City code provides certain criteria for decisions for comprehensive plarr amendments. ACC 14.22.110 Decision criteria for plan amendments. A. The comprehensive plan wa§ developed and adopted after significant study and public particiPation. The principles, goals, objectives anc] policies contained therein shall be grantecl substantial weight when considering a proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, vuho 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 detertnination of change or lack of change in conditions or circumstances has occurred since the adoption of the latest amendment to the specfic 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 3670A RCW, the countywide planning policies for either King and/or Pierce Counry, as appropriate; and sion 2040: Growth and Transportation Strategy for the Puget Sound Region." 7. 7he first criterion is that the change must further and be consistent with the goals and objectives of the plan and the plan will remain internallyconsistent. Many of the designated special plan areas do not have an established mapped land use designation (such as low density residentiaF or Light IndusVialj. Esserrtially, tfie map is left blank (uncolored). The purpose of the special area plan process is to determine the appropriafe land use designation (and color) to be applied to the properties. The Comprehensive Plan provides the following general guidance on speciai area pfans: 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 32 of 35 AUBURN * MORE THAN YOU IMAGINED Agenda Subjeet: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17, 2011 Comprehensive Plan Amendments-Plan Map Amendments and Policy/Text Amendments Description: This designation applies to specific areas identified as being appropriate for mixed, urban level developmerrt on a planned basis. It is intended that the future development of these aPeas 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 detertnined for each area through individual planning processes. Each individual pianning process will result in the adoption of a Comprehensive Plan element (sulrarea plan) for that particular Speoial Pianning 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 expianation 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 ihe future preparation of the special area plan, such as determining appropriate and uses and the amount of development. The changes promote the future study to be undertaken as paR 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 mao 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 designatian. Typically, the special area pian 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 dces not affect tlie ability to provide adequafe 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 documeM development.. The maq 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.33 of 35 J$LJ * MORE THAN YOU IMAGINED Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17, 2011 Comprehensi4e Plan Amendments- Plan Map Amendments and Policy/Text Amendments 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 #o 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 proyide flexibility in land uses and number of dwellings to recognize the increased prominence and public acceptance of mixed use development projeds such as plarined communities. Again, the proposed Comprehensive Plan texY 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 flexibilitjr in the future preparation of the special area plan, such as detertnining appropriate land uses a,nd amount of development. The changes are designed to promote the future study to be undertaken as part the special area plan document development. The mao change is. proposed to reflect the circumstance of ownershiplhat may have changed since the 4ime of the original establishment of the special area plan boundaries. The changes are for the purpose of increasing the accuracy and providing greaterflexibility. This criterion does not relate weil to the proposed amendments as the changes are of general ben t. 11. The fifth decision criterion is that the change must be deterrnined to be consis4errt with the Growth Management Act (RCW 36.70A), the Countywide.Planning Policies of the relevant county and "Vision 2040: Growth and Transportation Stretegy for the PugeYSound Region". The text changes proposed will continue to, be consistent with 4he Growth Management Ad (RCW 3670A}, 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 ma changes also will remain consistent with the regional land use policy guidance. Staff Recommendation Planning Commission to recommend approval to the City Council as amended as foilows: Staff recommendsthat the map amendment also include parcel number 3221059031 (ari eighth garceq 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 6y 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, co-applicant. The applicant has confirmed it is appropriate to include this parcel. Staff recommends that the policy/text amendment revise wording of the description and purpose of the Stuck River Special Plan areas, Chapter 14, "Land Use Map"; as found on page 1421 4o include study of the potential of industrial uses among the other uses studied for the future of the area. The applicant supports this change. The change would read: The land uses for the Stuck River Road Special Planning Area will be determined throucah the subarea olannina orocess and the Citv Council's ado tion af the subarea plan. Potential land uses aoolied throuah the subaYea nlannind orocess could Page 34 of 35 AUBUR T * MOEtE THAN YOU IMAG(NED Agenda Subjeet: CPA11-0001, CPA11-0002, 8 CPA11-0003; 2011 Date: November 17, 2011 Corimprehensive Plan Amendments- Plan Map Amendments and Policy/Tezt Amendments include sinale-familv residentiai, multi-familv resideMial. commercial. institutional. industrial and recreational.° P/annina Commission Recommendation Planning Commission recommended approval to the City Council as amended by the staff: PCDC Recommendation PCDC recommends approval to the City Council with the following additional changes (PCDCs additional changes are shown in bold) to the narrative of the Stuck River Road Special Planning Area, Pages 1421 through 1422 of Chapter 14: "Comprehensive Plan Map". Stuck River Road Specia/P/anning Area: A portion of the Stuck River Road Special Planning Area is currently the site of a large sand and gravel mining operation. This area and other adjacen4 land comprising a total of approximately G6 664 acres has been designated as a long term resource area (mineral resource area), so development of the Special Area Rlan for this area should be a lowpriority as mining is expected to continue on this site for as long as 30 years. The Jand uses for the Stuck River Road Special Planning Area will be detertnined throuah the subarea plannina nrocess and 4he Citv Council's adootion of the subarea lan. Poterrtial land uses alied th ouati tlie suba ea olannina orocess could include,single-familv residential. muki-familv residerrtial. commercial, institutional. iwdast iaF and recreationaL Some listht industrial uses mav be aoorooriate`for eonsideration and desianation throuah the§utiarea alannind urocess'if the uses are industrial or business oark° in character. conducted entirelv within an enclo§ed buildina, ezhibit a hisih des ree of nerFomian¢e standards and are non-nature a d if aoaroariate limited in extenYand IocaUon:is-iateaded te An active oermit aqplisa4iea has been esessed a proved by the City with respect to the mining activity on a portion (approximately 8b664 ac es) of the special olan area The per esess minina activitv should continue, #ewevef-a y as the permit for mining in the mineral resource area skedld-be has been granted for the Irfe of the resource, with reviews conducted periodically (ever five years) to cletermine whether changes in the originally proposed mineral extradion operation have arisen and give rise to the need for additional orrevised permit conditions.to address 4he new impacts (if any) of any such changes." Page 35 of 35 j$jJ * MORE THAN YOU IWtAGINED Exhibit E Colored map which is a detail of Map No 14. 1, "Comprehensive P/ad; showing the change from Light Commercial to Heavy Commercial for Terrace View Properties LLC and identifred by parcel numbers 3121059056 and 3121059010 Please see "Comp. Plan Man Amendments"tab in the working binder) Ordinance No. 6394 November 29; 2011 Page 12 2011 Proposed Comprehensive Plan Amendment Map: CPA 11 -0001 , TV LLC EXISTING i ` ' v: i II 9 i LI I , I u i r 3 J Q f l W PROPOSED II II I V II A A_ I i I 3 s W Exisiing Land Use Designation Moderat Density Residen[ial Auburn City Liinits J Proposed I.and Use Designstion Li,hi Commercial Parcels tiin lc-I;unik Rcvidcnti;tl i-Iravc Cotnmcrci,il