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HomeMy WebLinkAbout01-02-2013 Agenda Packet HEARING EXAMINER January 2, 2013 5:30 p.m. City Council Chambers 25 West Main Street I. Case No: REZ12-0007 – Orion Industries Rezone Applicant: Latitude Development LLC, Attention: Dave Kessler, PO Box 817 Auburn, WA 98071 Request: Change in zoning of a portion of one parcel (Parcel Number 0000800022) from P-1, Public Use District, to C-3, Heavy Commercial and relinquish a contract rezone for Parcel Number 0000800026. Exhibit 1 AGENDA BILL APPROVAL FORM Agenda Subject: REZ12-0007 – Orion Industries Rezone Date: December 19, 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 Orion Industries Rezone. Background Summary: OWNER/ APPLICANT: Latitude Development LLC, Attention: Dave Kessler, PO Box 817 Auburn, WA 98071 REQUEST: Change in zoning of a portion of one parcel (Parcel Number 0000800022) from P-1, Public Use District, to C-3, Heavy Commercial and relinquish a contract rezone for Parcel Number 0000800026. LOCATION: The property is located at 1580 A Street NE, Auburn, WA 98002 Parcel Numbers: 0000800022 and 0000800026 EXISTING LAND USE: Park and Ride Facility and Vacant Land COMPREHENSIVE PLAN DESIGNATION: Heavy Commercial for both parcels SEPA STATUS: A MDNS was issued on December 4, 2012 for the development including the rezone requests. 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: Chamberlain Meeting Date: January 2, 2013 Item Number: Agenda Subject: REZ12-0007 – Orion Industries Rezone Date: December 19, 2012 Page 2 of 6 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are (See Exhibit 9 for the Land Use Map): Comprehensive Plan Zoning Land Use Project Site Heavy Commercial P-1, Public Use District and C-3, Heavy Commercial Park and Ride and Vacant North Public/Quasi Public Landing Field Auburn Airport and Vacant Land South Public/Quasi Public and Heavy Commercial P-1, Public Use District and C-3, Heavy Commercial Parking and Ride directly south and commercial development south of 15th Street NE East Public/Quasi Public LF, Landing Field, and P-1, Public Use District Auburn Airport and Vacant Land, Park & Ride Zoning Map Rezone Area Contract Rezone Area Development Area Agenda Subject: REZ12-0007 – Orion Industries Rezone Date: December 19, 2012 Page 3 of 6 FINDINGS OF FACT: 1. Latitude Development, LLC has applied for a rezone from P-1, Public Use District, to C-3, Heavy Commercial, for property located at 1580 A Street NE, Auburn, WA; Parcel Number 0000800022. The application also includes a contract rezone relinquishment for Parcel Number 0000800026. 2. The rezone site at 1580 A Street NE is approximately 51,061 square feet in size proposed for the rezone from P-1 to C-3 and contains an existing King County Metro Park & Ride facility. The parcel involved in the contract rezone relinquishment is 119,817 square feet. The entire project site to be developed is approximately 285,735 square feet. 3. The land use designation on the Comprehensive Plan Land Use Map, which is adopted as part of the Comprehensive Plan, for the subject properties is Heavy Commercial. The land use designation of the southern portion (where the Park & Ride is located) of Parcel Number 0000800022 was changed from Public/Quasi-Public to Heavy Commercial as part of the 2008 Annual Comprehensive Plan Amendments; adopted by Ordinance No. 6212. 4. The rezone request also includes a relinquishment of a contract rezone approved on September 4, 1990 via Ordinance No. 4456 for Parcel Number 0000800026 (Exhibit 10). The contract rezone changed the zone of Parcel Number 0000800026 (plus three others) from M-1, Light Industrial, to C-3, Heavy Commercial, but limited the type of uses that could be developed. The applicant requests that all the uses outlined in Auburn City Code (ACC) Chapter 18.33 be available to the subject property. 5. Parcel Number 0000800022 is currently owned by King County Metro. Ordinance No. 17439 to approve the sale of the property to the City of Auburn has been approved by the King County Council on October 29, 2012 and the City of Auburn City Council on Novem ber 5, 2012, by Resolution No. 4877, approved the purchase of Parcel Number 0000800022, and Resolution No. 4878 approved the sale to Orion Industries. (Exhibit 11). 6. The applicant filed an environmental checklist that addressed the proposed rezone along with the development proposal for the site (Exhibit 6). The applicant proposes to construct an 108,250 square foot single story building that includes manufacturing and warehouse space, mezzanine space, and office. The facility may be constructed in two phases. The tenant will provide manufacturing of small metal parts for aircraft. 7. A Street NE is designated a minor arterial road pursuant to the City’s Functional Roadway Classification map (Figure 2-1) in the City’s Comprehensive Transportation Plan. 8. The C-3, Heavy Commercial, zoning district permits manufacturing uses with warehousing as a secondary use (see ACC 18.30.020.GGG). The City recently amended the regulations affecting the C-3, Heavy Commercial, zone through Ordinance No. 6433 passed by the City Council on November 5, 2012 and effective November 12, 2012. The applicant’s application was determined complete as of the submittal date of November 1, 2012 and is vested to the C-3, Heavy Commercial, regulations prior to code amendment (Exhibit 12). The intent of the C-3 zone is: “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 Agenda Subject: REZ12-0007 – Orion Industries Rezone Date: December 19, 2012 Page 4 of 6 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.” 9. The C-3 zone development standards including setbacks and lot requirements are contained in ACC 18.30.040. 10. 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. b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan amendment must be approved by the city council prior to the rezone being scheduled for a public hearing in front of the hearing examiner. The planning commission shall conduct a public hearing on the comprehensive plan amendment and make a recommendation to the city council. This application is consistent with the comprehensive plan, as outlined below in the conclusions, and will follow the process outlined in “a”. 11. On December 4, 2012, the SEPA Responsible Official issued a Mitigated Determination of Non- Significance (MDNS) for the proposed development, including the rezone from P-1, Public Use District, to C-3, Heavy Commercial, and the contract rezone relinquishment. The City received one comment letter from MIT, related to the development proposal not the rezone, by the comment period deadline of December 19, 2012 (Exhibit 13), and no appeals filed as of the writing of this report. The appeal period ends January 2, 2013 (Exhibit 5). 12. 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. The public hearing notice was published in the Seattle Times on December 19, 2012, provided to the property owners within 300 feet of the subject site, posted on the subject property meeting this requirement, and posted on the City’s website (Exhibit 7). 13. The City Council changed their role in quasi-judicial approvals giving that authority to Hearing Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still the decision maker on rezones with the Hearing Examiner making a recommendation on the proposal. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Comment Policy GP-8: Auburn designates 15th Street NW/NE and 15th Street SW as activity areas as defined in the King County Countywide Planning Policies. Agenda Subject: REZ12-0007 – Orion Industries Rezone Date: December 19, 2012 Page 5 of 6 Policy GP-16: Contract rezoning can be used to manage the transition between existing uses and future uses. Contract rezoning allows new uses to be conditioned in a manner which controls potential conflicts during such transition. Contract zoning may be particularly useful as a timing device to ensure that the necessary public facilities are available to support new development. Policy LU-120: Identify areas for commercial infill development and focus street and utility systems improvements to facilitate their development. Policy ED-1: City promotion of new industry shall be directed at attracting business that diversifies the City’s tax base, offers secure, quality employment opportunities, is sensitive to community values, and promotes the development of attractive facilities. Chapter 14 – Comprehensive Plan Map Heavy Commercial Purpose: To provide automobile oriented commercial areas to meet both the local and regional 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 warehousing, contractor yards and similar heavy commercial uses are appropriate in this designation. The proposed rezone is consistent with the City’s Comprehensive Plan as the land use designation of the subject property is Heavy Commercial and the rezone request, from P-1, Public Use District, to C- 3, Heavy Commercial, brings the zoning consistent with the land use designation. The contract rezone relinquishment request is consistent with the Comprehensive Plan as the contract rezone is no longer serving a transition area. The subject properties are located in a developed area with commercial/industrial development to the north, west, south, and east. There are adequate public facilities such as a 12 inch water main and 15 inch sewer main in A Street NE and Park & Ride facility that will be utilized by approximately 40% of the Orion Industries workforce. The contract rezone, which was adopted September 4, 1990, is no longer needed as the proposed project is infill development not development within a transition area. The proposed development of the property is infill development taking vacant property that is surrounded by and in the vicinity of existing commercial/industrial development to the north, west, south, and east. Orion Industries manufactures small parts for aircraft, provides training opportunities for its workforce, and is bringing 265 jobs to Auburn implementing the goals of the Comprehensive Plan by bringing quality employm ent opportunities to the City. 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 has been initiated by someone other than the City. The request has been initiated by Latitude Development, LLC, who is the developer for the project. Agenda Subject: REZ12-0007 – Orion Industries Rezone Date: December 19, 2012 Page 6 of 6 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 The requested rezone change, from P-1, Public Use District, to C-3, Heavy Commercial, will not result in a more intense zone than what is requested. RECOMMENDATION Based upon the application and 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 the following condition of approval: 1. The rezone request shall not become effective until the property transactions between King County, the City of Auburn, and Orion Industries have closed. 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 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Combined Notice of Application and Mitigated Determination of Non-Significance with affidavits Exhibit 6 Environmental Checklist and Final Staff Evaluation Exhibit 7 Public Hearing Notice with affidavits Exhibit 8 Aerial Photograph Exhibit 9 Land Use Map Exhibit 10 Ordinance No. 4456 – Contract Rezone Exhibit 11 King County Ordinance No. 17439, City of Auburn Resolution Nos. 4877 and 4878 Exhibit 12 Auburn City Code Chapter 18.30 C-3 Heavy Commercial Zone Exhibit 13 MIT comment letter and City’s response CITY OF AUBURN SEPA ENVIRONMENTAL CHECKLIST Planning & Development Department Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 permitcenter@auburnwa.gov www.auburnwa.gov SEPA ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: Orion Aerospace 2. Name of Applicant: Latitude Development LLC 3. Address and phone number of applicant and contact person: PO Box 817 Auburn, WA 98071 Attn: Dave Kessler Phone: 425-466-7119 4. Date Checklist prepared: November 1, 2012 and revised November 29, 2012 5. Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Phase 1 is the construction of 82,500 SF, to begin construction spring 2013 and end near the end of 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Phase 2 is the construction of an 18,250 SF addition to Phase 1, which could be built concurrently with Phase 1 or in the future. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: Traffic Report Critical Area Report Preliminary Storm Report 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None 10. List any governmental approvals or permits that will needed for your proposal, if known. SEPA Building Permit Site Development Permit NPDES Permit SWPPP Rezone on the southern portion of Parcel 0000800022. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead Agencies may modify this form to include additional specific information on project description.). The proposed a 100,750 SF manufacturing and warehouse facility including a 7,500 SF mezzanine with 15,000 SF of office on two floors for a total building area of 108,250 SF. This facility may be built in two phases. The tenant will provide manufacturing of small metal parts for aircraft. There will be truck deliveries and shipping to the back of the building. 12. Location of proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. See Site Plan submitted with application. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 3 ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous b. What is the steepest slope on the site (approximate percent slope)? 2% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Site soils consist of soft and loose alluvial sediments that transition into dense relatively clean sand alluvium at depths below 20 feet. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. We intend to import 16,000 CY of structural fill material. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Normal clearing of the site will expose soils that could experience some erosion during heavy rainfall. For that reason erosion control measures will be incorporated as is a normal part of the project requirements. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? About 78% of the site will be covered with either building or asphalt. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Normal erosion control measures typically include items such as silt fencing, catch basin protection with filter fabric, gravel entrance. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Air pollution will be created from normal levels of exhaust that emit from cars of employees who work at this facility, from trucks which deliver and ship from this facility and from the construction equipment working to build this facility. b. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. None. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 4 The complete facility is located adjacent to the King County Metro car pool facility which by nature encourages car pool and riding of metro to reduce pollution from vehicular car traffic. 3. Water a. Surface 1. Is there any surface water body on or in the immediate vicinity of the site including year round and seasonal streams, saltwater, lakes ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a drainage easement on the north and east edge of this site. There is a 400 SF wetland that is proposed to be filled and mitigated for with this proposal. See critical areas study for a further description of these features. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. See site plan, we will be working adjacent to these drainage easement to pave and develop this site, but not in them. We will be filling 400 SF of wetland for this project. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. The 400 SF of wetland area will be filled with 60 CY of structural fill material. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. None. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. None 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Parking lot runoff will be discharged to surface water runoff and will be treated in accordance with normal runoff water quality requirements for commercial sites. b. Ground 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. None. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 5 systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is(are) expected to serve. None. c. Water Runoff (including storm water) 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The developed site will create impervious areas that create storm water runoff. That runoff will be detained, treated and then released downstream to the drainage easements that exist on the east edge of the site. See proposed site plan and preliminary storm report. 2. Could waste materials enter ground or surface waters? If so, generally describe. It is possible that some infiltration of storm water enters the surface water in the drainage easement and some may infiltrate into the ground, although the soils suggest infiltration is minor due to soil types in these areas. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: We will detain storm water and release at rates to match the pre-developed rates of runoff for the 2 year storm condition. See preliminary storm report for further information. 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other. X evergreen tree: fir, cedar, pine, other. shrubs. X grass. pasture. crop or grain. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other. water plants: water lily, eelgrass, milfoil, other. X other types of vegetation. b. What kind and amount of vegetation will be removed or altered? The grass will be stripped away and any tress will be removed. The site is 95% native grasses and only a small amount of evergreens exist on site. The west side of the site contains some Black Cottonwood and willow that would be removed. c. List threatened or endangered species known to be on or near the site: None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The site will be landscaped according to City of Auburn requirements and where appropriate will use native species. Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 6 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain. This site is located within the Pacific Flyway, a major north-south migratory route for birds between Alaska and Mexico. d. Proposed measures to preserve or enhance wildlife, if any: The drainage easement will be preserved. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric will be uses for general lighting and manufacturing equipment. Heat will be provided by Natural Gas heaters. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Although no specific equipment is required the project will attempt to be conscientious in its selection of energy using equipment that serves the facility such as for lighting and plumbing fixtures. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Fire and chemical risk is extremely low since this manufacturing plant produced metal parts without the use of chemicals. 1. Describe special emergency services that might be required: Fire, Police, Ambulance. 2. Proposed measures to reduce or control environmental health hazards, if any: Provide adequate ventilation in the building with sufficient toilet facilities and wash facilities to minimize health hazards. b. Noise Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 7 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Noise will be created from trucks for delivery and shipping, noise from vehicular cars from employees and noise from construction equipment during construction of the building. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Most noise will be generated during construction, noise would be limited to hours of operation Monday through Friday 7AM to 7PM. Post construction noise could be 24 hours a day seven days per week, but that level of noise is limited to normal traffic noise levels. 3) Proposed measures to reduce or control noise impact, if any: Limited hours of operation during construction. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Airport to the East Metro Parking Lot to the South Commercial Banking to the West Undeveloped Land on North b. Has the site been used for agriculture? If so, describe: None known c. Describe any structures on the site: None d. Will any structures be demolished? If so, what? None e. What is the current zoning classification of the site? C-3 (Heavy Commercial) P-1 (Public Use District) f. What is the current comprehensive plan designation of the site? C-3 Heavy Commercial g. If applicable, what is the current shoreline master program designation of the site. N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify: There is 400 SF of Category IV wetland that will be filled and mitigated for as part of this proposal. See Critical Area Study for further information. i. Approximately how many people would reside or work in the completed project? 200 j. Approximately how many people would the completed project displace? Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 8 None k. Proposed measures to avoid or reduce displacement impacts, if any: None l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The use is an outright zoned use on the C-3 Portion of the site. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None b. Approximately how many units, if any, would be eliminated? Indicate Whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 35 feet high and primarily concrete walls, wood and or steel roof structure. b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: N/A 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Parking lot lighting at night. b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: Plan to use shoebox type down facing light fixtures with cut offs for parking lot lights. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 9 None b. Would the proposed project displace any existing recreational uses? If so, describe. None c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: None b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. N/A c. Proposed measures to reduce or control impacts, if any: N/A 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. See site plan – A Street NE and 16th Street NW b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes,- part of this project will use the property which currently is part of the metro park-and-ride lot. That parking will now serve this project. c. How many parking spaces would the completed project have? How many would the project eliminate? 107 new spaces, 113 existing adjacent spaced to be reused. 220 total spaces for completed project. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): No e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: This project is adjacent to the Auburn Airport f. How many vehicular trips per day would be generated by the completed project: If known, indicate when peak volumes would occur. See Traffic Report g. Proposed measures to reduce or control transportation impacts, if any: Encourage employees to use Metro ride share. 15. Public Services Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 10 a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: Normal development of an employment facility will result in an increase need for fire, police and ambulance, but no more than any other normal business use. b. Proposed measures to reduce or control direct impact on public services, if any: Incorporation of internal safety programs during construction and for the user of the completed project. 16. Utilities a. Circle utilities currently available at the site: electricity, water, refuse service, telephone, sanitary sewer, septic system, other Natural Gas b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: TELEPHONE: Several Available ELECTRIC: Puget Sound Energy NATURAL GAS Puget Sound Energy WATER: City of Auburn SANITARY SEWER: City of Auburn STORM SEWER: City of Auburn C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SIGNATURE: Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 11 SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS (Do not use this sheet for project action) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. A. Proposed measures to avoid or reduce such increases are: N/A 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. A. Proposed measures to protect or conserve plants, animals, fish, or marine life are: N/A 3. How would the proposal be likely to deplete energy or natural resources? No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. A. Proposed measures to protect or conserve energy and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. A. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A Environmental Checklist (continued) TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 12 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. A. Proposed measures to avoid or reduce shoreline and land use impacts are: N/A 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. A. Proposed measures to reduce or respond to such demand(s) are: N/A 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No change would occur. The use of the P-1 zoned area would continue to be used as a parking lot. Final Staff Evaluation for Environmental Checklist SEP12-0030 Page 1 of 6 FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST SEP06-0004 Date: November 30, 2012 Project Name: Orion Industries Applicant: Latitude Development LLC, Attention: Dave Kessler PO Box 817, Auburn, WA 98071 Location: 1580 A Street NE, Auburn, WA 98002. Parcel Numbers: 0000800022 and 0000800026 Proposal: Construction of an 108,250 square foot single story building that includes manufacturing and warehouse space (100,750 square feet), and 7,500 square foot mezzanine, and 15,000 square foot office space on two floors. The facility may be constructed in two phases. The tenant will provide manufacturing of small metal parts for aircraft. The proposal also includes a rezone of a portion of parcel number 0000800022 from P-1, Public Use District, to C-3, Heavy Commercial. Existing Zoning: C-3, Heavy Commercial, and P-1, Public Use District; the proposal is to rezone the portion of Parcel Number 0000800022 from P-1 to C-3. Comprehensive Plan Designation: Heavy Commercial A. Background Pursuant to WAC 197-11-340(2), the City of Auburn is required to send any DNS which may result from this environmental review, along with the checklist, to DOE, the Army Corps of Engineers, other agencies with jurisdiction, affected tribes, and interested parties. Therefore, the City will not act on this proposal for fifteen days after the issuance of a combined NOA/DNS (December 18, 2012 comment period ends). 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. • Environmental Checklist dated November 1, 2012 and revised November 29, 2012 • Traffic Impact Analysis, prepared by Transportation Engineer Northwest, dated October 26, 2012 • Critical Areas Report, prepared by H&S Consulting, dated October 30, 2012 • Preliminary Stormwater Site Plan, prepared by Barghausen Consulting Engineers, dated October 16, 2012 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. A boundary line adjustment has been processed by the City of Auburn (BLA12-0005) adjusting the King County Metro Parcel 0000800022 in preparation of the property sale. The boundary line adjustment will be recorded simultaneously with the property sale closing. B. Environmental Elements Final Staff Evaluation for Environmental Checklist SEP12-0030 Page 2 of 6 1. Earth Concur with the checklist except that the grading quantities are 20,000 cubic yards of structural fill materials and 4,000 cubic yards of cut. 2. Air The proposal includes both a project action, development of an 108,250 square foot building and a non-project action for the rezone of Parcel Number 0000800022. Impacts on air quality will most likely occur during site preparation, paving operations, and building construction. Construction activity, including the hauling of construction materials will contribute to short-term increases in local suspended particulate levels. These impacts will be controlled through watering the site as necessary. Street cleaning in accordance with the City’s Design and Construction Standards manual will also lessen these impacts. Minimizing the increased levels of suspended particulates is a priority of the City. The City shall consider measures that will keep the levels of on-site and off-site dust emissions at acceptable levels. Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA to approve, condition or deny proposed actions are noted as follows: The City shall seek to secure and maintain such levels of air quality as will protect human health, prevent injury to plant and animal life, prevent injury to property, foster the comfort and convenience of area inhabitants, and facilitate the enjoyment of the natural attractions of the area. (Policy EN-18, ACP) The City shall consider the impacts of new development on air quality as a part of its environmental review process and require any appropriate mitigating measures. (Policy EN- 22, ACP) 3. Water a. Surface Staff concurs with the checklist. b. Ground Concur with the checklist; however, NPDES Phase II will be applicable to the project. c. Water Runoff (including storm water) Concur with the checklist; however, NPDES Phase II will be applicable to the project. The developed site will have 226,757 square feet of impervious surfaces and 58,978 square feet of landscaping. Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA to approve, condition or deny proposed actions are noted as follows: Stormwater drainage improvement projects that are proposed to discharge to groundwater, such as open water infiltration ponds, shall provide for surface water pretreatment designed to standards outlined in the Washington State Department of Ecology’s Stormwater Management Manual for the Puget Sound Basin. Drainage improvement projects that may Final Staff Evaluation for Environmental Checklist SEP12-0030 Page 3 of 6 potentially result in the exchange of surface and ground waters, such as detention ponds, shall also incorporate these standards. (Policy EN-2, ACP) The City will regulate any new storm water discharges to creeks, streams, rivers, ponds, lakes and other water bodies with the goal of no degradation of the water quality or habitat of the receiving waters, and where feasible seek opportunities to enhance the water quality and habitat of receiving waters. (Policy EN-4, ACP) The City's design standards shall ensure that the post development peak stormwater runoff rates do not exceed the predevelopment rates. (Policy EN-10, ACP) The City will seek to ensure that the quality of water leaving the City is of equivalent quality to the water entering. This will be accomplished by emphasizing prevention of pollution to surface and ground waters through education programs and implementation and enforcement of Best Management Practices. (Policy EN-11, ACP) The City shall consider the impacts of new development on water quality as part of its environmental review process and require any appropriate mitigating measures. Impacts on fish resources shall be a priority concern in such reviews. (Policy EN-13, ACP) The City shall require the use of Best Management Practices to enhance and protect water quality as dictated by the City’s Developer Design Manual or other designated standard until is completed. In all new development, biofiltration or other approved treatment measures shall be required prior to discharging storm waters into the City storm drainage system or into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater). (Policy EN- 12, ACP) The City shall require the use of Best Management Practices to enhance and protect water quality as dictated by the City's Design and Construction Standards and the Washington State Department of Ecology’s Stormwater Management Manual for the Puget Sound Basin. In all new development, approved water quality treatment measures that are applicable and represent the best available science or technology shall be required prior to discharging storm waters into the City storm drainage system or into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater.) (Policy EN-14, ACP) The City recognizes that stormwater treatment facilities do not function efficiently unless maintained. The City shall strive to ensure that public and private stormwater collection, detention and treatment systems are properly maintained and functioning as designed. (Policy EN-17, ACP) The City shall enact ordinances and review development proposals in a manner, which restricts and controls the discharge of storm water for new development. At a minimum, the peak discharge rate after development shall not exceed the peak discharge rate before development. (Policy EN-55, ACP) 4. Plants Concur with the checklist. Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA are noted as follows: Final Staff Evaluation for Environmental Checklist SEP12-0030 Page 4 of 6 The City shall encourage the retention of vegetation and encourage landscaping in order to provide filtering of suspended particulates (Policy EN-20, ACP). The City shall seek to protect any unique, rare or endangered species of plants and animals found within the City by preventing the indiscriminate and unnecessary removal of trees and groundcover; by promoting the design and development of landscaped areas which provide food and cover for wildlife; and by protecting and enhancing the quality of aquatic habitat (Policy EN-23, ACP). The City shall consider the impacts of new development on the quality of land, known or suspected fish and wildlife habitats (Map 9.2) and vegetative resources as a part of its environmental review process and require any appropriate mitigating measures. Such mitigation may involve the retention of significant habitats and the use of native landscape vegetation (Policy EN-24, ACP). The City shall encourage the use of native vegetation as an integral part of public and private development plans (Policy EN-31, ACP). The City shall discourage the unnecessary disturbance of natural vegetation in new development (Policy EN-32, ACP). The City shall encourage the use of water conserving plants landscaping for both public and private projects (Policy EN-33, ACP). 5. Animals Concur with the checklist. 6. Energy and Natural Resources Concur with the checklist. 7. Environmental Health Concur with the checklist. 8. Noise Concur with the checklist. 9. Land and Shoreline Use Concur with the checklist. To the east is the Auburn Airport, to the south is the King County Metro Park & Ride, to the west is developed commercial properties, and to the north is vacant land owned by the City of Auburn. Existing zoning for the site is C-3, Heavy Commercial, and P-1, Public Use District. The comprehensive plan designation for both parcels is Heavy Commercial. Adjacent zoning and land uses include: • North: C-3, Heavy Commercial • South: P-1, Public Use District • East: LF, Landing Field • West: C-3, Heavy Commercial Final Staff Evaluation for Environmental Checklist SEP12-0030 Page 5 of 6 Concur with checklist on the environmentally sensitive area and submitted critical areas report. The 400 square foot wetland on the subject property is proposed to be filled and mitigated within the Auburn Environmental Park through a fee in-lieu payment. 10. Housing Concur with the checklist 11. Aesthetics Concur with the checklist. 12. Light and Glare Concur with the checklist. Lighting shall comply with the City’s Outdoor Lighting Regulations in ACC Chapter 18.55. 13. Recreation Concur with the checklist. 14. Historic and Cultural Preservation A historic and cultural resources study has not been prepared for the site. The state of Office of Archeology and Historic Preservation (DAHP) is notified of the SEPA determination. Staff researched potential historic site utilizing DAHP’s WISSARD program. There are no designated historic structures within the vicinity of the project. 15. Transportation Concur with the checklist with additions that King County Metro Routes 910 and 919 and Sound Transit Route 566 services the Parking & Ridge. There are 360 weekday trips, 13 AM peak hour trips, and 15 PM peak hour trips. Frontage improvements are required along A Street NE and include widening the existing sidewalk from 5 feet to 10 feet to meet the standards for a minor arterial pursuant to City Design Standards Table 10-1. 16. Public Services Concur with the checklist. 17. Utilities Concur with the checklist. C. Conclusion: Pursuant to growth and environmental policies of the City's Comprehensive Plan: The growth impacts of major private or public development which place significant service demands on community facilities, amenities and services, and impacts on the City's general quality of life shall be carefully studied under the provisions of SEPA prior to development approval. Siting of any major development (including public facilities such as, but not limited to, solid waste processing facilities and landfills) shall be carefully and thoroughly evaluated through provisions of SEPA prior to project approval, conditional approval, or denial. Appropriate mitigating measures to ensure conformance with this Plan shall be required. (Policy GP-6, ACP) Final Staff Evaluation for Environmental Checklist SEP12-0030 Page 6 of 6 D. Non-Project Action Supplemental Concur with the checklist. Based on this analysis, the proposal can be found to not have a probable significant adverse impact on the environment if the mitigation measures are followed and a Mitigated Determination of Non-Significance (DNS) is the appropriate determination. The City reserves the right to review any future revisions or alterations to the site or to the proposal in order to determine the environmental significance or non-significance of the project at that point in time. Prepared by: Elizabeth Chamberlain, AICP, Planning Manager REZ12-0007 Orion Industries Rezone 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 12/20/2012 REZ12-0007 Orion Industries Rezone Land Use Map 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 12/20/2012 0" KING COUNTY Signature Report 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 October 23, 2012 Ordinance 17439 Proposed No. 2012-0390.3 Sponsors von Reichbauer and Patterson 1 AN ORDINANCE approving the sale of a surplus 2 portion of the Auburn Park-and-Ride parking lot to 3 the city of Auburn. 4 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 5 SECTION 1. Findings: 6 A. The King County department of transportation, transit division is the 7 custodian of certain property located at and known as the Auburn Park-and-Ride ("the 8 Auburn PNR’) parking lot. 9 B. Transit has determined that a portion of the Auburn PNR is surplus to their 10 needs and the needs o[the public. 11 C. The King County executive has negotiated a purchase and sale agreement for 12 the sale of the surplus portion of the Auburn PNR to the city of Auburn for $1,566,500. 13 D. Pursuant to K.C.C. 4.56.070 the facilities management division has circulated 14 surplus notices to King County agencies and none expressed interest. The facilities 15 management division has also determined that the property is not suitable for affordable 16 housing purposes and declared the property conditionally surplus on July. 17, 2012. 17 L. The proposed sale to the city of Auburn is consistent with K.C.C. 4.56.100 18 regarding sale of county property. K.C.C. 4.56.080 provides that King County council 19 approval is required for the sale of county-owned real property valued in excess often 1 Ordinance 17439 20 thousand dollars. K.C.C. 4.56.140 and chapter 39.33 RCW provide that the county may 21 dispose of real property to another governmental agency by negotiation, upon such terms 22 as may be agreed upon and for such consideration as may be deemed by the county to be 23 adequate. 24 F. Unique circumstances make a negotiated direct sale in the best interests of the 25 public. 26 SECTION 2. The King County council, having determined that the sale of the 27 subject property is in the best interest of the public, hereby authorizes the executive to 28 execute a purchase and sale agreement with the city of Auburn, substantially in the form 29 of Attachment A to this ordinance, and to execute any other documents necessary to 30 complete the transaction contemplated in Attachment A to this ordinance. All actions up 31 to now taken by county officials, agent and employees consistent with the terms and 32 purposes of the purchase and sale agreement are hereby ratified, confirmed and approved. 33 SECTION ’). If any provision of this ordinance is declared by any court of 34 competent jurisdiction to be contrary to law, then such provision is null and void and 35 shall he deemed separable from the remaining provisions of this ordinance and in no way 36 affect the validity of the 2 Ordinance 17439 37 other provisions of this ordinance or of the transaction contemplated in Attachment A to 38 this ordinance. 39 Ordinance 17439 was introduced on 10/1/20 12 and passed as amended by the Metropolitan King County Council on 10/22/2012, by the following vote: Yes: 8 - Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague, Ms. Patterson, Ms. Lambert, Mr. Ferguson and Mr. Dunn No: 0 Excused: 1 - Mr. McDermott KING COUNTY COUNCIL KING COUNTY, WASHINGTON ATlEST: Anne Noris, Clerk of the Council C - APPROVED this day of 2012. C) ( fl Dow Constantine, County Executive Attachments: A. Real Estate Purchase and Sale Agreement, dated October 22, 2012 3 RESOLUTION NO 4 8 7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR THE PURCHASE OF REAL PROPERTY FROM KING COUNTY WHEREAS, King County desires to sell a portion of its park and ride lot located in Auburn as the lot is overcapacity; and WHEREAS, Auburn desires to purchase the property to facilitate and accelerate the ultimate conveyance of the land to Orion Industries so that Auburn may receive from Orion Industries easements, to be located within the purchased property and another property, that will benefit the Auburn Municipal Airport; and WHEREAS, Orion Industries intends to develop the property for aerospace manufacturing, which will contribute to the economy of the city; and WHEREAS, the purchase of the property from King County and sale of the same to Orion Industries, with the easements reserved, shall occur simultaneously on the same closing date, and WHEREAS, Auburn shall not expend any City funds for the purchase of the property from King County but shall pay for the purchase with the funds received from Orion Industries for the sale of the same property both transactions occurring on the same date, and WHERAS, it is in the public interest for the City of Auburn to purchase the property from King County so that it may obtain needed easements adjacent to its airport, and at the same time, facilitate the conveyance of the property to Orion Industries which will put the property to an economically beneficial use. Resolution No. 4877 October 30 2012 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows. Section 1. That the Agreement for Purchase and Sale of Real Property, a copy of which is attached hereto, marked as Exhibit A and incorporated herein by this reference, be approved, and the Mayor is authorized to execute the agreement in substantially the same form as Exhibit A, and such action in furtherance thereof is hereby ratified. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 4 day of 2012. URN PETER B LEWIS MAYOR ATTEST bQ LaJ Da'nielre E. Daskam, City Clerk APPROVED S TO FOR i rne Resolution No. 4877 October 30, 2012 Page 2 of 2 RESOLUTION NO 4 8 7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND ORION INDUSTRIES FOR THE SALE OF REAL PROPERTY TO ORION INDUSTRIES WHEREAS, to expand the Auburn Municipal Airport, the City must provide for increased surface water drainage capacity and insure that the property surrounding the airport is free from objects that would impede navigation and air flight of aircraft using the airport; and WHEREAS, the City of Auburn has agreed to purchase from King County property adjacent to the Auburn Municipal Airport for the purpose of conveying it to Orion Industries, for which it would receive an avigation easement; and WHEREAS, the purchase and sale agreement that the City has negotiated with Orion Industries would result in Orion Industries granting the City an avigation easement and a surface water storage and drainage easement to the City, both of which shall improve the development and expansion potential of the municipal airport; and WHEREAS, it is in the public interest for the City to sell to Orion Industries the property it is acquiring from King County according to the terms and conditions negotiate by the parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows. Section 1. That the Agreement for Purchase and Sale of Real Property, a copy of which is attached hereto, marked as Exhibit A and incorporated herein Resolution No. 4878 October 30, 2012 Page 1 of 2 by this reference, be approved, and the Mayor is authorized to execute the agreement in substantially the same form as Exhibit A, and such action in furtherance thereof is hereby ratified Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of h c2 J 2012. CI F A PE ER B LEWIS MAYOR ATTEST kd'j C(; L) Laj-) Danielle E. Daskam, City Clerk APP VED S TO FORM Daniel B id, Ity Attorney Resolution No. 4878 October 30, 2012 Page 2 of 2 Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT Sections: 18.30.010 Intent. 18.30.020 Permitted uses. 18.30.025 Uses requiring an administrative use permit. 18.30.030 Uses requiring a conditional use permit. 18.30.040 Development standards. 18.30.050 Supplemental development standards. 18.30.010 Intent. 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. (Ord. 4910 § 1, 1996; Ord. 4229 § 2, 1987.) 18.30.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in the C-3 district shall only be used for the following, unless otherwise provided for in this title: A. Arcades; B. Art, music and photography studios; C. Auction houses, excluding animals; D. Automobile parking facilities; E. Automobile repair services; F. Automobile sales, new and/or used; G. Automobile and truck rental; H. Automobile service stations; I. Automobile washes; J. Bakery and pastry shops, products made must be sold at retail on the premises; K. Banking and related financial institutions; L. Bingo halls; Page 1 of 6Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT 10/12/2012http://www.codepublishing.com/wa/auburn/html/auburn18/Auburn1830.html M. Building contractor services, including storage yards; N. Bus passenger terminals; O. Caretaker apartments; P. Civic, social and fraternal associations; Q. Commercial recreation; R. Dancehalls; S. Daycare, including home based, mini daycare, daycare centers, preschool or nursery schools; T. Delicatessens; U. Dry cleaning and laundry services; V. Equipment rental and leasing, does not include heavy construction equipment; W. Food locker services; X. Funeral homes; Y. Grocery stores; Z. Health and physical fitness clubs; AA. Hobby shops; BB. Hospitals, to include small animal, but does not allow outside runs or kennels; CC. Hotels; DD. Laundry, self service; EE. Liquor store; FF. Lumber yards; GG. Manufactured/mobile home sales lots; HH. Massage parlor; II. Meeting rooms and/or reception facilities; JJ. Mini-storage warehouses; KK. Motels; LL. Motorcycle sales and service; MM. Newsstands; Page 2 of 6Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT 10/12/2012http://www.codepublishing.com/wa/auburn/html/auburn18/Auburn1830.html NN. News syndicate services; OO. Personal service shops; PP. Pharmacies; QQ. Printing and publishing; RR. Professional offices; SS. Radio and television broadcasting studios; TT. Recreational vehicle parks; UU. Recreational vehicle sales lots; VV. Restaurants; WW. 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, Page 3 of 6Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT 10/12/2012http://www.codepublishing.com/wa/auburn/html/auburn18/Auburn1830.html 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; XX. Reupholstery and furniture repair; YY. Schools, including art, business, barber, beauty, dancing, driving, martial arts and music; ZZ. Secretarial services; AAA. Skating arenas; BBB. Storage warehousing, limited to being incidental to principal permitted use on property; CCC. Suntanning beds; DDD. Taverns; EEE. Theaters, including drive-in; FFF. Truck sales, with repair as a secondary use; GGG. 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; HHH. Wine production facility; small craft distillery; small craft brewery; and tasting room; Page 4 of 6Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT 10/12/2012http://www.codepublishing.com/wa/auburn/html/auburn18/Auburn1830.html III. 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.) 18.30.025 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: 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.; B. Multiple-family dwellings; provided, that 1,200 square feet of lot area is provided for each dwelling unit; C. Government facilities, this excludes offices and related uses that are permitted outright; D. 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; E. Nursing homes. (Ord. 6269 § 33, 2009.) 18.30.030 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Semi-tractor and trailer sales; B. Utility substations; C. Heliports; D. 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 (Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.) 18.30.040 Development standards. Development standards in a C-3 district are as follows: A. Minimum lot area: none required; B. Minimum lot width: none required; C. Minimum lot depth: none required; D. Maximum lot coverage: none required; Page 5 of 6Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT 10/12/2012http://www.codepublishing.com/wa/auburn/html/auburn18/Auburn1830.html 1 E. Maximum building height: 45 feet. Buildings may exceed 45 feet if one foot of setback is provided from each property line for each foot the building exceeds 45 feet; F. Minimum yard setbacks: 1. Front: 20 feet, 2. Side, interior: none required, 3. Side, street: 15 feet, 4. Rear: none required; G. Fences and hedges: see Chapter 18.31 ACC; H. Parking: see Chapter 18.52 ACC; I. Landscaping: see Chapter 18.50 ACC; J. Signs: see Chapter 18.56 ACC. (Ord. 5777 § 1, 2003; Ord. 4910 § 1, 1996; Ord. 4229 § 2, 1987.) 18.30.050 Supplemental development standards. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 4910 § 1, 1996; Ord. 4294 § 3, 1988.) For the purposes of this section, a “residential zone” is defined as any of the following zoning districts: R-C residential conservancy, R-1 residential, R-5 residential, R-7 residential, R-10 residential, R-16 residential, R-20 residential, R-MHC residential manufactured home community. The Auburn Municipal Code is current through Ordinance 6420, passed July 16, 2012. Disclaimer: The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Page 6 of 6Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT 10/12/2012http://www.codepublishing.com/wa/auburn/html/auburn18/Auburn1830.html From:Elizabeth Chamberlain To:"Karen Walter" Cc:Chris Andersen Subject:RE: Orion Industries, REZ12-0007, SEP12-0030, and GRA12-0011, Notice of Application and SEPA Determination Date:Thursday, December 20, 2012 1:55:13 PM Karen, Thank you for the questions and comments on the Orion Industries project. See the City’s responses below. Please let me know if you have any additional questions. Sincerely, Elizabeth Elizabeth F. Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us] Sent: Friday, December 14, 2012 2:23 PM To: Elizabeth Chamberlain Subject: RE: Orion Industries, REZ12-0007, SEP12-0030, and GRA12-0011, Notice of Application and SEPA Determination Elizabeth, Thank you for sending us the Notice of Application/Mitigated Determination of Non- Significance Materials for the proposed Orion Industries project. We have reviewed this information and have the following questions and initial comments: 1. What parcels or projects is being served by the detention pond in the NW corner of the site? Will this pond be filled and if so, how will the stormwater from this pond be accommodated with the new project? The pond on the NW corner of the site was constructed when the site was originally graded in the early 1990s and only serves the subject property, no off-site properties utilize the pond. The drainage from the project and that existing pond will be handled in a linear storm pond that runs the length of the eastern property boundary. All storm drainage facilities will meet the requirements of the City’s Surface Water Management Manual. 2. The wetland and drainage corridors evaluation and delineation report indicates that the existing north ditch that eventually flows to Mill Creek is documented to not provide any critical habitat for salmonids. What documentation is the basis for this statement? The City has evaluated the statement in the Wetland & Drainage Corridors Evaluation and Delineation Report and Conceptual Mitigation Plan (H&S Consulting, October 30, 2012), that “it is documented that the on-site drainage ditch does not provide critical habitat for salmonids.” Based on available resources (City of Auburn GIS, SalmonScape, King County IMAP, DNR ArcViewer, and WDFW PHS Database), the City has determined that there is no documented fish use in the on-site drainage ditch or the ditch that runs along B Street NW. In addition to the available resources, City staff has been to the site numerous times and made observations that agree with the determination that the site does not provide habitat for salmonids. 3. The wetland and drainage corridors report also indicates that the Category IV wetland to be filled will be mitigated off site in the Auburn Environmental Park or via an in lieu. The Staff Report indicates that a final wetland mitigation plan will be required and approved prior to issuance of the grading permit for the project. We would like additional information about the proposed mitigation approaches and an opportunity to review and comment on the final wetland mitigation plan before Auburn approves it. The mitigation measures outlined an either/or scenario for the wetland mitigation. The applicant chose the fee in lieu (mitigation measure 2) option and the City is developing an agreement now that outlines the requirements and costs. The City will be designing and implementing the mitigation plan in the Auburn Environmental Park. The agreement and fee payment must be in place prior to the issuance of grading permits. Once the City has designed the mitigation plan we would be happy to share a copy with you. We appreciate the opportunity to review this proposal and look forward to the City’s responses. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Elizabeth Chamberlain [mailto:echamberlain@auburnwa.gov] Sent: Wednesday, December 05, 2012 8:22 AM To: 'DAHP'; 'larry.fisher@dfw.wa.gov'; 'ramin.pazooki@wsdot.wa.gov'; 'DNR'; 'sepaunit@ecy.wa.gov'; 'claudew@pscleanair.org'; 'john.shively@kingcounty.gov'; Karen Walter; Laura Murphy; 'WA DOC' Subject: RE: Notice of Application and SEPA Determination - City of Auburn Good Morning, The SEPA checklist was missing from the email sent out yesterday. Here it is. Thank you, Elizabeth Elizabeth F. Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 From: Elizabeth Chamberlain Sent: Tuesday, December 04, 2012 2:14 PM To: 'DAHP'; 'larry.fisher@dfw.wa.gov'; 'ramin.pazooki@wsdot.wa.gov'; 'DNR'; 'sepaunit@ecy.wa.gov'; 'claudew@pscleanair.org'; 'john.shively@kingcounty.gov'; 'Karen Walter'; 'MIT Cultural Program'; 'WA DOC' Subject: Notice of Application and SEPA Determination - City of Auburn Good Afternoon, Attached please find the combined notice of application and MDNS for the Orion Industries project within the City of Auburn. Also included are the following documents: · Site Plan · Final Staff Evaluation of the SEPA checklist · SEPA checklist · Traffic Impact Analysis · Wetland Delineation Report The comment period ends on December 19, 2012 and the appeal period ends on January 2, 2013. Please contact me should you have any questions or need additional information. Sincerely, Elizabeth Elizabeth F. Chamberlain, AICP Planning Manager City of Auburn 253-931-3092 The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you.