HomeMy WebLinkAbout11-20-2012 Agenda PacketThe City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
November 20, 2012
SPECIAL MEETING AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
II. APPROVAL OF MINUTES
A. November 7, 2012
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARINGS
A. 2012 Comprehensive Plan Amendments File No. CPA12-0003:
CPM #3 - Map Amendment to Map No. 14.1 – Request by Wm. & Amy Locke to
change the Comprehensive Plan Land Use Designation from 'Single Family
Residential' to 'High Density Residential' for an approximately 1.88-acre parcel. The
site is located at 12130 SE 310th ST, Auburn; Parcel Number: 0921059132
VI. ADJOURNMENT
DRAFT
PLANNING COMMISSION
November 7, 2012
SPECIAL WORK SESSION AND
REGULAR MEETING MINUTES
SPECIAL WORK SESSION
I. CALL TO ORDER
Chair Roland opened the special work session at 6:31 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
Commission Members present were: Chair Roland, Vice-Chair Kevin Chapman,
Commissioner Baggett, Commissioner Copple, Commissioner Trout, Commission
Mason, and Commissioner Peace. Commissioner Ramey was excused.
Staff present included: Planning and Development Director Kevin Snyder, Principal
Planner Jeff Dixon, Senior Planner Stuart Wagner, and Planning Secretary Tina Kriss.
II. 2012 Annual Comprehensive Plan Amendments
Principal Planner Jeff Dixon reviewed the additions to the 2012 Annual Comprehensive
Plan Amendments, Group 2, included in the working binder provided to Commission
members (including CPM #2 – CPA12-0002; CPM #4 – CPA12-0004; P/T #7 – CPA12-
0001; and CPM #5 – Map No. 14.3.).
Commission and staff discussed and reviewed the proposed map amendments.
Commission had no questions on the map amendments.
III. Code Update Project, Phase 2 Group 2 – Amendments to Title 18 – Zoning, of the
Auburn City Code
Senior Planner Stuart Wagner explained as part of the Phase 2, Group 2 zoning code
amendments staff has been working with the City’s legal department and the current
Hearing Examiner on relocating the Hearing Examiner Chapter out of Title 18 – Zoning
and into Title 2 – Administrative and Personal as well as further revisions within the
chapter.
Senior Planner Wagner reviewed the proposed amendments to Title 18 – Zoning, of the
Auburn City Code. Commission had no changes or additions.
IV. ADJOURNMENT
There being no further business to come before the Planning Commission for this
Special Work Session, Chair Roland adjourned at 6:54 p.m.
PLANNING COMMISSION MEETING MINUTES November 7, 2012
Page 2
SPECIAL MEETING
V. CALL TO ORDER
Chair Roland called the special work meeting to order at 7:02 p.m. in the Council
Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn,
WA. Commission Members present were: Chair Roland, Vice-Chair Kevin Chapman,
Commissioner Baggett, Commissioner Trout, Commissioner Copple, Commission
Mason, and Commissioner Peace. Commissioner Ramey was excused.
Staff present included: Planning and Development Director Snyder, Principal Planner
Jeff Dixon, Senior Planner Stuart Wagner, and Planning Secretary Tina Kriss.
Members of the audience present: Daniel Delue, Attorney for River Mobile Home Park
and Jeffrey Grose, Executive Director of Capital Projects for the Auburn School District.
APPROVAL OF MINUTES
A. October 16, 2012, 2012
Commissioner Copple moved and Commissioner Mason seconded to approve the
minutes from the October 16, 2012 meeting as corrected.
MOTION CARRIED UNANIMOUSLY. 7-0
VI. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
VII. PLANNING DEPARTMENT REPORT
Planning Director Kevin Snyder informed Commission that Stuart Wagner has
been promoted to the position of Senior Planner and Gary Yao, previously a
Planning Intern, has been promoted to the position. Development in Auburn
continues at a robust pace; the City issued 340 single family residential permits –
the highest number since 2004.Director Snyder also reported that a land
acquisition agreement between the City of Auburn and Orion Industries was
passed by the Auburn City Council at its November 5, 2012 meeting. This
agreement will result in the construction of a new 100,000 square foot
manufacturing building by Orion in the City of Auburn. Orion Industries has been in
business since the 1950’s and recently received an award as Boeing’s Supplier of
the Year.
VIII. PUBLIC HEARING
A. 2012 Annual Comprehensive Plan Amendments*
Principal Planner Jeff Dixon provided background on the City of Auburn’s
Comprehensive Plan. The City of Auburn adopted amendments to its
Comprehensive Plan in 1995 in response to the Washington State Growth
Management Act (GMA). Since then the Auburn Comprehensive Plan has been
amended annually. Comprehensive plan amendments can be initiated by the City of
Auburn (city-initiated) and by private citizens (privately-initiated). This year the City is
initiating two map amendments and seven policy and text amendments. In addition,
PLANNING COMMISSION MEETING MINUTES November 7, 2012
Page 3
the City received three privately-initiated map amendments and no privately–initiated
policy/text amendments.
Principal Planner Dixon brought forward the following amendments for Public
Hearing:
Comprehensive Plan Map Amendments
CPM #2 – File No. CPA12-0002
Principal Planner Dixon explained CPM #2 is a map amendment to Map No. 14.1 –
Request by HCA Management/River Mobile Home Park to change the
comprehensive plan designation from 'Public/Quasi-Public ' to 'Moderate Density
Residential' of 6.36 acres of adjacent property, Parcel #0004000098. The site is
directly south of 3611 I ST NE, Auburn.
Commission and staff reviewed the proposal by the applicant, the property location,
zoning and application process (including the SEPA determination of non-
significance).
Commission and staff discussed the current floodplain and the potential impact of the
levee project.
After discussion Chair Roland opened the public hearing at 7:34 p.m. to receive
comments on CPM #2, CPA12-0002.
Daniel Delue, Attorney for the River Mobile Home Park explained that approximately
one year ago King County informed the Park that a portion of its property, with 16
homes along the current levy, would be condemned for public use for the
construction of a new levy. Mr. Delue explained that the Park’s goal became to
relocate the displaced homes and either slow down leasing to new homes so these
people could be absorbed within the park or relocate the affected homes elsewhere.
River Mobile Home Park has been working in with King County and the City to
accomplish this goal.
With no other comments from the public, Chair Roland closed the public hearing at
7:39 p.m. on CPM #2, CPA12-0002.
Commissioner Copple moved and Commissioner Peace seconded to recommend
inclusion of CPM #2, CPA12-0002, map amendment to Map No. 14.1 into the City’s
Comprehensive Plan Amendments.
MOTION APPROVED UNANIMOUSLY. 7-0
CPM #4 – File No. CPA12-0004
Principal Planner Dixon reviewed CPM #4, A map amendment to Map No. 14.1 –
Request by Auburn School District to change the comprehensive plan designation of
two parcels totaling 0.63 acres located SE of the Auburn High School from ‘Office
Residential’ to ‘Public/Quasi-Public’ and to change 12 parcels totaling 1.74 acres
located NW of the school from "High Density Residential" to "Public/Quasi-
Public". The sites are SE and NW of 800 4th ST NE, Auburn.
PLANNING COMMISSION MEETING MINUTES November 7, 2012
Page 4
Commission and staff reviewed the proposed map changes for CPM #4.
After discussion, Chair Roland opened the public hearing at 7:51 p.m. to receive
comments about CPM #4, CPA12-0004.
Jeffrey Grose, Executive Director Capital Projects, Auburn School District; 915 4th
Street NE, Auburn, WA 98002 stated the Auburn School District now owns all of the
parcels (when the project was submitted the District did not have full ownership). The
parcels included in the map amendments are all adjacent to existing Auburn School
District facilities designated for public use. Approval of the comprehensive plan
amendment will allow the Auburn High School modernization reconstruction project
to proceed. Mr. Grose noted that the Auburn High School construction bond was
submitted to voters November 7, 2012 and with over 60% approval it has passed.
Mr. Grose noted that the election results will be certified November 27, 2012 and the
project will begin the following day. Bid openings will be held mid January and
construction will begin in late February, 2013.
With no further comments from the public, Chair Roland closed the public hearing at
7:55 on CPM #4, CPA12-0004.
Commissioner Peace moved and Commissioner Baggett seconded to recommend
inclusion of CPM #4, CPA12-0004, into the City’s Comprehensive Plan
Amendments.
MOTION APPROVED UNANIMOUSLY. 7-0
P/T #7 - File No. CPA12-0001 and CPM #5 :
Principal Planner Dixon reviewed proposed revisions to Chapter 14 –
‘Comprehensive Plan Map’ related to economic development strategies areas. The
proposed amendment includes the following revisions:
• Revise pages 14-25 through 14-27 to incorporate advancement of economic
development strategy areas.
• Add three policies related economic development strategy areas and
‘manufacturing villages’.
• Revise Policy III.J. related to ‘Problem Areas” and ‘West Auburn’ to clarify
‘Local Serving’ and ‘Region Serving’.
Commission and staff discussed a proposed “Manufacturing Village” and the
Council’s long- term 50-year vision.
Mr. Dixon reviewed CPM #5, adding a new map, Map No. 14.3; “Economic
Development Strategy Areas” as a referenced map at the back of the City’s
Comprehensive Plan to show the nine areas that have been identified and discussed
by the Council.
With no public present for testimony on the proposed amendments to P/T #5 and P/T
#7, File No. CPA12-0001 Chair Roland opened and closed the public hearing at 8:29
p.m.
PLANNING COMMISSION MEETING MINUTES November 7, 2012
Page 5
Commissioner 8:29 Peace moved and Commissioner Copple seconded to
recommend inclusion of P/T #5 and P/T #7, CPA12-0007, into the City’s
Comprehensive Plan Amendments.
MOTION APPROVED UNANIMOUSLY. 7-0
B. Code Update Project Phase 2 Group 2 – Amendments to Title 18 – Zoning, of
the Auburn City Code*
Senior Planner Wagner explained the proposed code changes to amendments to
Title 18 – Zoning, of the Auburn City Code. The role of the Hearing Examiner, as
codified in Auburn City Code (ACC), goes beyond land use matters. The Hearing
Examiner is also the appeal body on many contested administrative decisions such
as utility billing disputes, dangerous dog determinations, or building and code
violations, however Chapter 18.66 ACC – Hearing Examiner is only written for the
purposes of land use matters. As such, the Hearing Examiner Chapter is better
suited in Title 2 – Administrative and Personnel where other positions, boards,
committees, and commissions are listed.
In addition to relocating the Hearing Examiner Chapter to Title 2, staff in consultation
with the legal department and current Hearing Examiner amended the Chapter in
several places. The following is a summary of those changes:
• The Hearing Examiner as the appeal body to administrative decisions is
referenced throughout the code. In order to bring clarity and ease of use to
the code, staff has added a new “areas of jurisdiction” section that shows
everything the Hearing Examiner is responsible for.
• The current code has the planning department as the department that
receives all applications and appeals. It also lists the planning department in
charge of writing reports that summarize the issues involved. The code has
been modified to read “responsible parties” instead of the planning
department because land use matters are not the only cases the Hearing
Examiner reviews.
• Most jurisdictions have a “burden of proof” section in their code. Staff has
added this section to the Hearing Examiner Chapter to indicate which party
(applicant/appellant or City) is responsible for proving their case.
• The current code only gives the Hearing Examiner 10 calendar days to
provide a written decision. The code has been modified to 10 working days,
thereby giving the examiner additional time to write his decision. This new
timeline also matches state law (RCW 35.63.170)
• Chapter 18.66 ACC is referenced throughout the Auburn Municipal Code. All
references have been changed to Chapter 2.46 ACC.
Commission and staff discussed the purpose of the code update.
PLANNING COMMISSION MEETING MINUTES November 7, 2012
Page 6
With no public present for testimony, Chair Roland opened and closed the public
hearing at 8:35 p.m. on Code Update Project Phase 2 Group 2 – Amendments to
Title 18 – Zoning, of the Auburn City Code (relocating the Hearing Examiner chapter
from Chapter 18 to Title 2 of the Auburn City Code.
Commissioner Peace moved and Commissioner Trout seconded to recommend to
City Council the approval of the Code Update Project Phase 2 Group 2 –
Amendments to Title 18 – Zoning, of the Auburn City Code.
MOTION APPROVED UNANIMOUSLY. 7-0
The Commission and staff discussed the need for the Planning Commission to meet on
November 20,, 2012 to hold a public hearing on CPM #3, File No. CPA12-0003.
IX. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:45 p.m.
AGENDA BILL APPROVAL FORM
Page 1 of 15
Agenda Subject CPA12-0003, Locke Property Comprehensive
Plan Map Amendment
Date: November 8, 2012
Department: Planning and
Development
Attachments: CPM #3 - See
separate section in Comp. Plan
Amendment working binder
Budget Impact: N/A
Administrative Recommendation: Planning Commission to conduct public hearing and
recommend to City Council denial of the Locke Property Comprehensive Plan Map
Amendment.
AGENT: Eli Berman, Agent
Skyline Properties
8535 Avondale Road NE #A103
Redmond, WA 98052
APPLICANT/OWNER: William and Amy Locke
500 106th Avenue NE #3115
Bellevue, WA 98004
REQUEST: File No. CPA12-0003:
CPM #3 Map amendment to Map No. 14.1 - Locke Property to change the
Comprehensive Plan designation from “Single Family Residential” to “High
Density Residential” of an approx. 1.88-acre parcel.
LOCATION: The property address is 12130 SE 310th ST within NW quarter of Section 9, T 21
North, R 5 East, W.M. Parcel #0921059132.
EXISTING ZONING: R5, Residential, 5 dwelling units per acre
EXISTING
COMPREHENSIVE
PLAN DESIGNATION: Single Family Residential
SEPA STATUS: A Determination of Non-Significance (DNS) was issued under city file #SEP12-
0017 on August 29, 2012. The comment period ended September 12, 2012 and
the appeal period ended September 26, 2012.
Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources
Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: November 20, 2012 Item Number:
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 2 of 15
A. Findings
1. The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to
the Washington State Growth Management Act (GMA) requirements, as amended. The
Auburn Comprehensive Plan has been amended annually each year since.
2. Comprehensive Plan amendments can be initiated by the City of Auburn (city-initiated) and
by private citizens or property owners (privately-initiated). This year the City received three
privately initiated comprehensive Plan map amendments by the submittal deadline of June
8, 2012.
3. This staff report and recommendation addresses Comprehensive Plan map amendment
CPM #3, the Locke Property (File #CPA12-0003). The other private initiated
Comprehensive Plan amendment applications are addressed in separate staff reports.
4. Comprehensive Plan amendments are initially reviewed during a public hearing process
before the City of Auburn Planning Commission, who conducts a public hearing and then
provides a recommendation to the City Council. Then, the City Council considers the
recommendation and makes a final decision.
5. RCW 36.70A.130 (The Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circumstances
provided for in State law, Comprehensive Plan amendments shall be considered by the city
or county legislative body no more frequently than once per year. The annual limitation and
exceptions are also restated in city code at ACC 14.22.060.
6. The City of Auburn established a June 8, 2012 deadline for the submittal of privately-
initiated Comprehensive Plan applications (map or policy/text amendments). Notice to the
public of the filing deadline was provided on the City’s website, the Seattle Times, and sent
to a compiled notification list.
7. A Determination of Non-Significance (DNS), the environmental review decision required
under the State Environmental Policy Act (SEPA), was issued for the Locke Property
Comprehensive Plan Map Amendment and Rezone under City File No. SEP12-0017 on
August 29, 2012. The comment period ended September 12, 2012 and the appeal period
ended September 26, 2012. As of the writing of this report, one comment letter was
received in response to the issuance of this environmental review decision. The comment
letter postmarked October 4, 2012 (after the close of the public comment period) was
received from Michael Merissa, a resident of Village Square condominiums located at 31026
122nd Lane SE, Auburn WA 98092. The letter objects to the Comprehensive Plan change
and rezone for reasons of loss of habitat for wildlife, undesirable affects on the community
due to increased population, increased noise, possible criminal activity, traffic and litter. The
SEPA decision remained unchanged in response to receipt of the comment.
8. Auburn City Code Chapter 14.22 outlines the process for submittal of private initiated
amendments and the processing of Comprehensive Plan amendments as follows:
Section 14.22.100 Auburn City Code
“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:
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 3 of 15
1. For site-specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not less
than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within a radius of 300 feet of the proposed map amendment request, not less
than 10 calendar days prior to the public hearing;
2. For area-wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not less
than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area
subject to the proposed amendment not less than 10 calendar days prior to
the date of the public hearing.
B. Notwithstanding the above, the director may expand the minimum noticing provisions
noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct a
public hearing on all potential comprehensive plan amendments and shall make and
forward a recommendation on each to the city council. The planning commission shall
adopt written findings and make a recommendation consistent with those findings to the
city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in accordance
with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)
9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
this agenda bill were sent to the Washington State Office of Commerce, formerly the
Department of Community, Trade and Economic Development (CTED) and other state
agencies as required for the 60-day state review on August 29, 2012. The Washington
State Office of Commerce acknowledged receipt by letter dated September 11, 2012. No
other comments have been received from Commerce or other state agencies as of the
writing of this report.
10. Due to the nature of the city-initiated map amendments, the scope and limited number of
privately initiated policy/text changes, the optional process as provided in the city code for a
public open house was not conducted.
11. The public hearing notice was published on November 9, 2012 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for November 20, 2012.
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 included the SEPA determination.
The following report identifies comprehensive plan map amendment, CPA12-0003 and CPM #3,
scheduled for the Planning Commission’s November 20, 2012 public hearing with a staff
recommendation.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 4 of 15
CPM # 3 – Staff Analysis
1. The applicant submitted a Comprehensive Plan map amendment application on June 8,
2012 by the submittal deadline of June 8, 2012.
2. The application was submitted by Eli Berman, Agent, Skyline Properties on behalf of William
and Amy Locke, Applicants.
3. In addition to the Comprehensive Plan Map Amendment, the applicant submitted an
environmental checklist application. A Determination of Non-Significance (DNS) was issued
for the Locke Property Comprehensive Plan Map Amendment and Rezone under City File
No. SEP12-0017 on August 29, 2012. One comment letter was received in response to the
issuance of the environmental review decision after the close of the public comment period.
4. The Comprehensive Plan map amendment application seeks to change the mapped land
use designation for a single approximately 1.88-acre parcel from 'Single Family Residential'
to 'High Density Residential' (Parcel # 0921059132) located at 12130 SE 310th Street.
5. The current Comprehensive Plan designation, zoning designation and land uses of the site
and surrounding properties are as follows:
Comprehensive Plan Designation
Zoning Classification
Existing Land Use
Site
Single Family Residential
R5, Residential 5 dwelling units per acre
Single family house
North High Density Residential
R20, Residential 20 dwelling units per acre
Multiple family residential
South High Density Residential
R20, Residential 20 dwelling units per acre
Across SE 310th Street,
multiple family and single
family residential
East Single Family Residential
R5, Residential 5 dwelling units per acre
Single family and multiple
family residential
West High Density and Single Family Residential
R5, Residential 5 dwelling units to the acre
Single Family Residential
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 5 of 15
Comprehensive Plan Designations
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 6 of 15
6. The approximately 1.88-acre parcel requested for change is rectangular measuring
approximately 164 feet east to west and 497 feet north to south. The site is developed with
a single family house in the south central portion of the site.
7. The site is bordered to the south by partially developed SE 310th Street, which is designated
as a “local residential street”. The “local residential street” standard prescribes a 28-foot
wide roadway within a 50-foot right-of-way.
8. According to the site plan accompanying the application, the southern 30 feet of the property
is encumbered by an easement for access and utility (gas pipeline) purposes. The map also
shows a 100-foot protective well radius centered near the house.
9. The property is located within the King County portion of the City of Auburn. It was annexed
to the City in 2007 (effective January 1, 2008) by Ordinance No. 6121.
10. The subject property had a “Single Family Residential’ comprehensive plan designation
established by Ordinance No. 6138 in 2007. The site has been zoned R2, Single Family
Residential since the time of its annexation into the city in 2007. Subsequently, in 2009, the
residential zoning designation was renamed R5, Residential, 5 dwelling units per acre.
11. The property occurs at an elevation of 443 feet and is relatively flat with a slight downward
slope to the west.
12. The applicant submitted a wetland delineation report, “Locke Property, Auburn WA, Critical
Areas Investigation Letter Report” prepared by Talasaea Consultants Inc. June 7, 2012.
The report indicates that Wetland A, 107 square feet in size, is located in the northwest
corner of the property. The Cowardian Classification of the wetland is Palustine,
Consolidated bottom, Saturated (PUBB). Wetland A is characterized by a shallow, closed
depression with no apparent inlet or outlet. According to the report, the wetland would likely
collect precipitation and shallow groundwater during the wet season. The report indicates
that the wetland would be classified as a Category IV Wetland with 25 to 30 foot buffers
based on the city’s critical area regulations. Also according to the report there are some
unconfirmed indications this wetland may be man-made. The wetland provides limited
functions based on the small size.
13. As indicated in the narrative submitted by the Applicant, the Comprehensive Plan
Amendment and related rezoning have been requested for the purpose of changing the land
use designation of the property to ensure the ability for future redevelopment. The applicant
indicates there currently are no plans for redevelopment of the site.
14. The purpose of the City’s Comprehensive Plan document is to provide a policy basis for the
future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent as required by the following city code section:
“ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. “
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 7 of 15
15. 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 significant
study and public participation. The principles, goals, objectives and policies
contained therein shall be granted substantial weight when considering a
proposed amendment. Therefore, the burden of proof for justifying a proposed
amendment rests with the applicant, who must demonstrate that the request
complies with and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW, the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region.”
16. 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 policy guidance that relate to this application. Chapter 14,
Comprehensive Plan Map, starting at page 14-6 provides the following purpose and
description of the ‘High Density Residential’ Comprehensive Plan designation:
“High Density Residential
Purpose: To provide an opportunity for the location of the most economical forms of
housing in areas appropriately situated for such uses under the policies of this Plan.
Description: This category shall be applied to those areas which are either now
developed or are reserved for multiple family dwellings. Densities may range from 16 to
20 units per acre. Dwelling types may range from single family units to apartment
complexes, and may include manufactured home parks when located adjacent to major
arterial streets. Adequate on-site open space areas should be provided for all multi-
family developments. Densities exceeding 20 units per acre and special development
standards may be authorized for senior housing projects, within the Downtown area and
within 1/4 mile of regional transit service.
Compatible Uses: Compatible uses are similar to those identified under the other
residential categories, except higher intensities of use may be appropriate. Public uses
and open spaces which tend to visually relieve the high density character of these areas
should be encouraged.
Criteria for Designation: In addition to areas already developed to this density, this
designation should be applied only to areas which have or may be most efficiently
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 8 of 15
served with high capacity and high quality public services and facilities. Of particular
concern is the provision of adequate traffic circulation, and this category shall only be
applied to areas with developed arterial access. Other siting concerns may include
access to commercial services and open space amenities. This category may also be
applied to areas which are threatened with deterioration and multiple family dwellings
offer the potential for rehabilitation.
Considerations Against Applying this Designation: Areas not appropriate for this
zone include areas surrounded, without physical separation, by lower intensity uses.
Appropriate Implementation: This designation can be implemented by the following
zones:
1) R-16: Permits 16 units per net acre. The zoning allows for a variety of housing
types include single family, duplexes, and multiple-family dwellings and mixed-use
development.
2) R-20: Permits 20 units per net acre and multiple-family residential and mixed-use
development. Residential supporting uses and some professional offices are permitted
as conditional uses.
3) R-MHC: Manufactured/Mobile Home Community permits the development of
manufactured home parks on property that is at least 5 acres in size. The base density
is 10 dwelling units per net acre.” (Emphasis added)
The vicinity is characterized by suburban development. The property is adjacent to other
properties to the north and east already developed with multiple-family residential.
However, the properties bordering to the west, as well as others in the vicinity, are
developed with single family residences. To the south, the property has 164 feet of frontage
and access to SE 310th ST. The change is not consistent with this stated description of the
High Density Residential designation, since the property is not currently developed as “High
Density Residential” and has not been “reserved for multiple family dwellings”.
The site and adjacent contiguous parcels are not at a location that is currently “… efficiently
served with high capacity and high quality public services and facilities”. The street
bordering the property does not contain the full amount of right-of-way and is not fully
developed. The street is classified as a “local residential street’ which typically requires 28
feet of pavement within a 50-foot right-of-way. The right-of-way bordering this site is
currently 30 feet and additional dedication and road improvements would be required from
this property at time of development. Additional right-of-way dedication is also need from
other off-site properties located to the west and to the east to complete the full width of right-
of-way to city standards. The roadway is fully improved to the east and only partially or
minimally improved to the west. Additional roadway improvements are needed in the future
off-site to the west. The site does not border a developed arterial as stated is a criteria for
the “High Density Residential” designation. The closest arterial is 124th ST SE (north-south)
which is approx. 525 feet to the east. The site is not currently efficiently served with high
capacity and high quality public services and facilities.
There is a 12-inch water and sewer lines within the street paralleling the property frontage.
There is a stub of a 12 inch storm line at the SW corner of the site. City utilities appear
sufficient.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 9 of 15
The site is about 2.5 blocks from the intersection of SE 312th Street and 124th Street SE.
which is a small node of light commercial zoning on Lea Hill. The developed commercial
provides a very limited range of commercial services. Also, SE 312th St is designated as a
minor arterial in the City’s Comprehensive Transportation Plan and serves as an east-west
arterial between state Routes 18 and 167.
For contrast and comparison, Chapter 14, “Comprehensive Plan Map”, starting at page 14-3
provides the following purpose and description of the current ‘Single Family Residential’
Comprehensive Plan designation:
“Single Family Residential
Purpose: To designate and protect areas for predominantly single family dwellings.
Description: This category includes those areas reserved primarily for single family
dwellings. Implementing regulations should provide for an appropriate range of lot sizes,
clustered and mixed housing types as part of a planned development.
Compatible Uses: Single family residences and uses that serve or support residential
development, such as schools, daycare centers, churches and parks shall be considered
appropriate and may be permitted on a conditional basis. Other public buildings and
semi-public uses may be permitted if designed and laid out in a manner which enhances
rather than detracts from the residential character of the area. In siting such uses,
however, special care shall be given to ensuring adequate parking, landscaping, and
traffic circulation with a minimum of conflict with residential uses. Uses which generate
significant traffic (such as large churches) should only locate on developed arterials in
areas zoned for institutional uses.
Intrusion of industrial uses into any of these single family areas shall be prohibited. Only
very limited commercial uses such as home occupations or strictly limited appropriate
conditional uses can be allowed.
Planned developments should be favorably considered in these designations in order to
allow optimal flexibility. In providing such flexibility, the emphasis should be on small
alley-loaded lot single family development, limited low density multifamily housing and a
mixture of types, and design diversity should be sought. Except where conditional use
permits have been previously granted, alternate structure types should not exceed more
than 40 percent of the units, and alternative structures should in most cases contain no
more than four dwelling units each. However, where substantial offsetting community
benefits can be identified, such alternative structures may be allowed to contain more
than three units each.
Criteria for Designation: Areas suitable for this designation include those areas
designated in goals and policies of this Plan as single family areas. Consistent with
those policies, areas within the Community Serving Area of the City suitable for this
category should be reserved for these uses. This designation should also be applied to
areas adjacent to lower density residential plan designations.
Considerations Against Applying this Designation: This designation would not be
generally appropriate (although exceptions may exist) in the following areas:
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 10 of 15
1. Areas with high volumes of through traffic.
2. Areas developed in or more appropriate under the Plan policies for
another use.
3. Areas within the Region Serving Area of the City.
Appropriate Implementation: Three zones may be used to implement this category:
1) R-1: Permits one dwelling unit per net acre. This zone is primarily applied to
areas designated as urban separators under the King County Countywide Planning
Policies where rezones from existing densities (typically one unit per acre) are not
allowed for a 20 year period and/or to areas with significant environmental constraints. It
may also be applied in limited instances to areas where greater densities are limited by
environmental constraints.
2) R-5: Permits 4-5 dwelling units per net acre. This zone is intended to create a
living environment of optimum standards for single family dwellings. Duplexes are
conditionally permitted subject to meeting infill residential design standards. It is
intended to be applied to the relatively undeveloped portions of the City, areas where
existing development patterns are consistent with the density and upland areas where
greater densities would strain the transportation system.
3) R-7: Permits 5-7 dwelling units per net acre. This zone provides for relatively
small lot sizes. It may be applied to the older neighborhoods of the City and reflects the
typically smaller lot sizes found there. Application of this zone should be considered for
areas considered appropriate for a mix of housing types, particularly in some of the
Special Planning Areas as discussed below.” (Emphasis added)
The property is currently developed with one house on approx. 1.88 acres and bordered on
two sides (north and east) by properties that are already developed with multiple-family
residential. The bordering properties developed as multiple-family were either completed or
the development was authorized while located in King County prior to annexation to the City
of Auburn.
The intent of the “Single Family Residential” comprehensive plan designation is provide
areas devoted primarily to single family residences and to protect these areas from
incompatible uses. The site is located within the “Community Serving” area described in
Chapter 3, “Land Use” and shown on Map # 3.2 “Urban Form”. The description of this
designation suggests community serving areas are appropriate primarily for reservation as
“Single Family Residential”. The Single Family Residential” is implemented by the R1, R5,
and R7 zoning districts. The current zoning of this site is R5, Residential 5 dwelling units
per acre which would allow redevelopment of up to 13 detached dwelling units; each on their
own individual lot.
In Chapter 3, “Land Use”, the Comprehensive Plan document provides guidance which
promotes single family residential development in order to meet community and growth
management goals. Starting at page 13-12 under the Section: “Residential Development”
the plan emphasizes single family residential over other forms of residential development.
The following excerpt explains this guidance.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 11 of 15
“Within most communities, a range of housing densities is allowed to provide a variety of
housing opportunities. The wider the range, the greater the opportunity for individuals to
find housing relative to their particular needs, affordability and preference.
While the City's policy provides for a relatively wide range of residential densities,
development over the past decade has been heavily concentrated toward the middle
and upper levels of the range (See discussion in Chapter 4, Housing Element).
As land costs have escalated in the region, however, Auburn has remained relatively
affordable to the average family.
This Plan provides that the City should seek to restore the traditional character of the
community by encouraging preservation and development of housing that is suitable to
the retention and attraction of families within the community. This would be best
accomplished by focusing multi-family development in the urban center, protecting the
residential character of existing single family neighborhoods and promoting the
development of new neighborhoods of single family homes. Consequently, residential
land use policies will emphasize the creation and preservation of single family
neighborhoods, while still encouraging the development of other housing types for those
who need or want them.” (emphasis added)
The requested change is in opposition to the promoting single family neighborhoods since it
increases area designated for multiple-family and decreases area for single-family
residential development. The change is also contrary to the Plan’s intent to protect existing
single family neighborhoods and promote development of new single family neighborhoods.
Also, in Chapter 3, “Land Use”, the Comprehensive Plan document provides specific goals,
objectives, and policies that relate to the requested change.
“Goal 7 – Residential Development
To emphasize housing development at single family densities, in order to reestablish a
mix of housing types appropriate for a family oriented community, while recognizing the
need and desire for both lower density and higher density housing appropriately located
to meet the housing needs of all members of the community.
Objective 7.2. To designate land for the development of new single family homes.
LU-19 In applying the land use designations of the Comprehensive Plan, first
consideration shall be given to designating an area for single family residential
use.
LU-20 Most of the undeveloped areas of the Community Serving Area of the city
(see Map 3.2) shall be reserved for single family dwellings. The ability to buffer
the area from incompatible land uses and heavily traveled arterials or highways
should be considered in designating currently undeveloped areas for future
single family use. Such buffering can be accomplished by taking advantage of
topographic variations and other natural features, requiring expanded setbacks
along arterials, by orienting lots and houses away from arterials, by designating
moderate density multiple family areas as transitional areas, and by other means.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 12 of 15
Objective 7.3. To promote the development of quality single family neighborhoods which
relate the design and types of residential areas to important natural and manmade
features.
LU-24 The development of residential areas should recognize the importance of
community and public facilities in developing a sense of neighborhood and
community.
Objective 7.5. To meet the need for multiple family dwellings while avoiding conflict with
single family residential areas.
LU-34 Multiple-family developments should be located functionally convenient to
the necessary supporting facilities including utilities, arterials, parks, transit
service, etc.
LU-36 Multiple family dwellings shall not be permitted as a matter of right in
single family residential districts, but should be permitted only where necessary
to remove potential blight, to buffer single family uses from incompatible uses or
activities, or to allow effective use of vacant areas. Standards for such siting
should provide for design review to ensure compatibility and provide that the
density of development is consistent with the density of the adjoining single
family uses.
LU-38 Higher density developments or larger scale multiple family developments
should be limited to residential areas where they can be developed as a unit with
the necessary supporting facilities. Such development shall provide adequate
access by developed arterials with minimal potential to generate traffic through
single family areas. Extensive buffering measures shall be required where such
areas adjoin single family residential areas. Care should be exercised to avoid
creating barriers to pedestrian and bicycle movement. Where feasible, new
multiple family development should be planned in conjunction with single family
and moderate density development.” (emphasis added)
The residential land use policies of the Comprehensive Plan emphasize the establishment
and preservation of single family neighborhoods. The Plan prioritizes single family
residential land uses. The proposed change to “High Density Residential” is not consistent
with the Goal 7 and its objectives and policies of the Plan. The change does not prioritize
single family uses. Instead, the change would result in a sharp contrast in density (from 5 to
20 units per acre) adjacent to one another that would promote incompatibilities, for example,
a 35-foot maximum building height is allowed in the R5 zone while a 50-foot building height
is allowed in the R20 zone. Also, the requested change does not allow for any buffering or
transition in land use as promoted by the Plan.
Also, within Chapter 14, “Comprehensive Plan Map”, at page 14-26, this geographic area of
the City, the Lea Hill Area, is specifically recognized as a “Problem Area related to its
Existing Land Uses”. The following Plan excerpt explains the problem related to existing
uses.
‘Lea Hill Area
Area: Area annexed on January 1, 2008.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 13 of 15
Problem: The City has been concerned for years that the rapid growth taking
place within the Lea Hill PAA will overwhelm city streets. Through annexation the
City can better manage the amount and type of growth in this area and help
ensure that appropriate infrastructure to support development is provided
concurrent with that development.
The Auburn City Council envisions retaining the predominantly single-family
character of the Lea Hill area rather than allow the trend of rapidly developing
multi-family projects to continue. The City's codes will help ensure that the
neighborhood character, traffic and environmentally sensitive features are
protected and/or managed.” (Emphasis added)
Prior to annexation, the Lea Hill Area was characterized by rapid change from a more rural
type character to a suburban character. The goal of the City Council and the resident’s
support for the City’s successful annexation vote for incorporation at the time was the
focused on controlling the rapid growth of multiple family development. As a result, the
“problem” identified within the Plan is to address the ability to ensure that infrastructure
needed to support development is provided concurrently with the development, especially
transportation infrastructure as rural roads were increasingly carrying traffic loads. The Plan
also recognizes the “problem” of potential land use conflicts resulting from multiple family
development bordering single family development. Another “problem” is ensuring that the
existing single family neighborhood character is maintained. The requested change to “High
Density Residential” is not consistent with the Plan’s guidance of retaining the predominantly
single-family character of the Lea Hill area.
The goal of the mapped pattern of the parcels with the High Density Residential designation
within Lea Hill was based on existing or authorized development at the time of annexation in
2008.
17. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services. The proposed application
for a change in comprehensive plan designation and zoning has been reviewed by Fire
Agency and Utilities and Traffic divisions of the City. Based in these reviews, the change
would not adversely affect the provision of services.
A further explanation of the request’s relation to the transportation system is provided since
the Plan calls out circulation as a primary concern. The proposal is a non-project action; the
applicant indicates there is no plan for construction or development of the property in the
near future. The property has 164 feet of frontage onto SE 310th St. Per the City of Auburn
Design Standards, based on Institute of Traffic Engineers (ITE) (manual) the potential
theoretical maximum of 37 dwelling units of multiple-family residential that could be
developed would generate 0.62 trips per unit for a total of 23 PM peak trips. Per City Public
Works Design Standards, the City may require a traffic study if there is a likelihood that a
site will general more than 30 PM peak hour trips. This threshold is typically used for
evaluating comprehensive plan and zoning designation changes. The triggers for the
preparation of traffic analysis are not met.
SE 310th Street, is currently barricaded and traffic from the area enters the arterial road
system via the intersection of SE 310th Street a local residential street and 124th Ave SE a
minor arterial road. This intersection is a stop controlled (unsignalized) intersection located
within the school zone of Lea Hill Elementary School of Auburn School District # 408. The
city does not have Level of Service data for the intersection.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 14 of 15
The City’s primary methodology for rating transportation Level of Service is “Corridor Level
of Service” a tool which rates the level of service (LOS) of a section of road comprising a
number of intersections. Per the City Comprehensive Transportation Plan, 124th Ave SE is
currently rated as LOS C for its corridor LOS, meeting the city’s level of service standard of
LOS D. The City also maintains an intersection level of Service Standard. The nearest
arterial/arterial intersection to the proposed development area is the intersection of 124th
Ave SE and SE 312th Street. A recent development study yielded the finding that the
intersection met LOS Standard D in the PM peak hour but failed to meet LOS Standard D in
the AM peak hour (operating at LOS E). However with the implementation of City of Auburn
Transportation Improvement Project # 41 which is currently planned to add lanes to the
intersection and which is scheduled to be completed in 2016 the intersection LOS will be
improved to LOS C meeting standards.
The proposed change by itself if approved, will not affect the ability to provide adequate
services. As typical with development in the city, the infrastructure improvements needed to
support the development would be the responsibility of the future development. At the time
of development, adequate services would be required to be provided concurrent with the
development in order for the project to be authorized. So, it is not anticipated that approval
of the request negatively affects provision of services.
18. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid. The policies of the Comprehensive Plan are not invalid.
The City continues to promote single family development, to seek to ensure that
infrastructure is provided concurrent with development and to ensure that the single family
residential character of the Lea Hill area is maintained.
Due to the small amount of wetlands identified on the site, the existence of the wetland itself
doesn’t represent a change in circumstance that negatively affects the assumptions about
the ability to redevelop the site. The impacts to wetlands and the provision of buffers would
be addressed at the time of a project action (a redevelopment proposal). The current
comprehensive plan amendment and rezone is a non-project action.
19. 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. There is no change or lack of change that generates the need for approval of
the requested map amendment. The City continues to promote single family development,
to seek to ensure that infrastructure is provided concurrent with development and to ensure
that the single family residential character of the area is maintained.
20. The fifth decision criterion is that the change must be determined to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of
the relevant county and “Vision 2040: Growth and Transportation Strategy for the
Puget Sound Region”. The change, if approved or denied would continue to be consistent
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King
County and “Vision 2040: Growth and Transportation Strategy for the Puget Sound Region”.
The proposal is consistent because it provides land suitable for residential development.
Agenda Subject: CPA12-0003 Locke Property Comprehensive Plan
Map Amendment
Date: November 8, 2012
Page 15 of 15
21. The sixth decision criterion, applies only to changes of the mapped land use
designation of a specific property, the applicant must demonstrate one of the
following:
a. The current land use designation was clearly made in error or due to an
oversight;
b. The proposed land use designation is adjacent to property having a similar
or compatible designation, or other conditions are present to ensure
compatibility with surrounding properties;
c. There has been a change in conditions since the current land use
designation came into effect. (Ord. 6172 § 1, 2008.)
City code section 14.22.110, “Decision criteria for plan amendments” indicates the
comprehensive plan was developed and adopted after significant study and public
participation. The principles, goals, objectives and policies contained therein shall be
granted substantial weight when considering a proposed amendment. Therefore, the
burden of proof for justifying a proposed amendment rests with the Applicant, who must
demonstrate that the request complies with and/or relates to the criteria. The Applicant has
not demonstrated that there was an error or oversight to the current designation, that there
are conditions ensuring compatibility of land uses, or that there are change in conditions
since the original designation came into effect. However, the site is adjacent to other
property of the same “High Density” Comprehensive Plan designation.
Considering comprehensively all criteria for the decision, staff submits the following
recommendation:
Staff Recommendation
Planning Commission to recommend to the City Council denial of the Locke Property
request for a Comprehensive Plan Map Amendment from “Single Family Residential” to
“High Density Residential”.
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