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HomeMy WebLinkAbout12-18-2006 ITEM VIII-A-2CITY OF AVBURt WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: REZ06-0006 2006 Comprehensive Zoning Map Amendments December 12, 2006 Department: Planning, Attachments: Ordinance No. 6067 Budget Impact: NA Building, and Community and separate binder Administrative Recommendation: City Council introduce and adopt Ordinance No. 6067 (Approving 22 zoning map amendments). Background Summary: During the 2005 Comprehensive Plan annual amendment cycle the Planning Commission recommended approval of six (6) comprehensive plan map amendments that City Council ultimately approved. As part of this years 2006 Comprehensive Plan Amendment cycle, the Planning Commission reviewed twenty- five (25) proposed comprehensive plan map amendments. The City Council approved the 2006 Comprehensive Plan Amendments on November 20, 2006 by Ordinance No. 6064. When amending the comprehensive plan, development regulations (i.e. zoning ordinances/designations) can be done simultaneously or at a later date. However development regulations are required to be brought into conformance with comprehensive plans (per RCW 36.70A.040). A Comprehensive Plan is generally a twenty-year horizon planning document that outlines goals and policies for how a city wants to develop in the future. Development regulations are the specific standards that implement the goals and policies of the comprehensive plan and achieve this consistency. The Comprehensive Plan Land Use Map, which is part of the Comprehensive Plan, illustrates the future land use pattern of the city and is implemented by the mapped zoning classifications (development regulation). All the rezones outlined in this agenda bill are city initiated. As mentioned above, the proposed rezones would implement: 1) Comprehensive plan map changes approved during the 2005 Comprehensive Plan amendment cycle (Areas A -F); and, 2) Proposed map amendments for the 2006 Comprehensive Plan amendment cycle (Area G -T and Y -Z). L1218-3 03.4.2.1.2 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 E Planning & CD ❑ Fire ® Planning ❑ Park Board E Public Works ❑ Legal ❑ Police E 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 _/_1 Councilmember: Norman Staff: Davolio Meeting Date: December 18, 2006 Item Number: VIII.A.2 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: REZ06-0006 2006 Comprehensive Zoning Map Date: December 12, 2006 Amendments FACTS AND FINDINGS 1. RCW 36.70A.040 (Washington State Growth Management Act (GMA)) requires that comprehensive plans and development regulations shall be consistent. (See note above.) 2. RCW 36.70A.030 defines development regulations as: "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. 3. SEPA determinations were issued for the proposed rezones outlined in this agenda as part of the comprehensive plan amendment process. Final Determination of Non -Significance was issued on August 18, 2006 for Areas G -P and September 14, 2006 for Areas Q -V and Y -AA. The Final Determination of Non -significance for Areas A -F was issued October 7, 2005. 4. The Planning Commission public hearing notice for the 2006 Comprehensive Zoning Map Amendments (Rezones) was mailed to property owners and adjacent property owners on October 24, 2006 and published in the King County Journal on October 24, 2006. 5. In November of 2005, the City Council approved Resolution No. 3944 which adopted an Economic Development Strategies document for the City. This document was developed in conjunction with individuals in the City and Auburn region with expertise and experience in the field of business and economic development. The Economic Development Strategies document outlines several recommendations for areas throughout the City intended to build on the City's economic base, particularly in response to changing market conditions throughout the region. Each area includes a series of strategies and logistics to be responsive to the changing nature of the marketplace. In discussions leading up to the drafting of the Auburn Economic Strategies Plan, certain stakeholders suggested that the City needed to give more flexibility to accommodate retail/commercial uses. In 2005, the comprehensive plan amendments responded to this suggestion by amending policies to enable commercial flexibility in the vicinity of the SuperMall, In the early 1990's the City adopted Comprehensive Plan policies that actually served to limit commercial development to the SuperMall site to avoid feared economic competition impacts to downtown commercial. These impacts never materialized, and are no longer of concern. 7. The Auburn City Council adopted Vision 2016 by Resolution No. 4049 on June 19, 2006, which outlines numerous goals of the City Council to accomplish over the next ten years. The city's adoption of the Economic Development Strategies document implements goals of Vision 2016. The Puget Sound region has seen an increasing trend toward the commercialization of industrially zoned areas to respond to changing needs of the public. By way of example, Renton (along Lake Washington), Kent (by the commuter rail station), Tukwila and Federal Way are just a few of the areas that have seen the demand for commercial uses lead to the rezoning of industrial land. This trend has become increasingly pronounced in the south King County area. Certain proposed amendments respond to this trend by amending industrially designated properties to commercial, especially along major city transportation corridors. 9. In the coming years, pressure will be escalating to rezone industrial land and encourage commercial mixed-use development. Changing comprehensive plan land use designations to commercial for the ge2of7 Agenda Subject: REZ06-0006 2006 Comprehensive Zoning Map Date: December 12, 2006 Amendments proposed areas prepares Auburn for this trend by planning for the next ten to twenty years. The City is attempting to anticipate these changes rather than reacting to market trends. 10. The City of Auburn does not have a designated manufacturing/industrial center per the King County Countywide Planning Policies. 11. Pursuant to RCW 36.70A.106, the 2006 Comprehensive Zoning Map Amendments were sent to the Washington State Office of Community, Trade, and Economic Development (CTED) and other state agencies as required for the 60 -day state review. As of writing this report, staff discussed the proposed rezones with CTED staff and they have no comments on the proposal. CONCLUSIONS The proposed zoning changes are divided into three groups. I. Areas A -F The land use designations for Areas A -F were changed as part of the 2005 Comprehensive Plan amendment cycle. Pursuant to Auburn City Code (ACC) Chapter 18.68 certain criteria must be met in order to recommend approval of a rezone. The criteria are as follows: 1. The rezone must be consistent with the Comprehensive Plan. The current land use designations for Areas A -F were approved by the City Council as part of the 2005 Comprehensive Plan amendment cycle. The land use designations for Areas A -F are as follows: • Area A is designated "Heavy Commercial" • Area B is designated "Heavy Commercial" • Area C is designated "Light Commercial' • Area D is designated "Heavy Commercial' • Area E is designated "Heavy Commercial" • Area F is designated "Public and Quasi -Public" The proposed rezones for Areas A -F are as follows: • Area A is zoned Business Park (BP) and Light Industrial (M-1) and the proposed zone change is to Heavy Commercial (C-3). • Area B is zoned Heavy Industrial (M-2) and the proposed zone change is to Heavy Commercial (C-3). • Area C is zoned Heavy Industrial (M-2) and the proposed zone change is to Light Industrial (M-1). • Area D is zoned Heavy Industrial (M-2) and the proposed zone change is to Heavy Commercial (C-3). • Area E is zoned Light Industrial (M-1) and Public Use (P-1) and the proposed zone change is to Heavy Commercial (C-3) for the industrial zoned portion only. The proposed rezone does not change the Public Use zone. • Area F is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1). As required by ACC 18.68, the proposed rezones are consistent with the Comprehensive Plan land use designations. Page 3 of 7 Agenda Subject: REZ06-0006 2006 Comprehensive Zoning Map Date: December 12, 2006 Amendments 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request or initiated by the City in order for the Planning Commission to consider the request. The proposed rezones for Areas A -F are initiated by the City of Auburn and are processed as area wide rezones (note that Areas A -F are part of 24 rezones being processed). Area wide rezones are reviewed and a public hearing held by the Planning Commission in accordance with ACC 18.68.030. The Planning Commission makes a recommendation to the City Council, who makes the final decision. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 3. Conditions in the area must have changed since the original zoning was established. Areas A, B, and D, are located in the vicinity of the SuperMall. When the "SuperMall of the Great Northwest" was developed, a number of community issues were raised. Included in these issues was the concern over commercial sprawl around the SuperMall that would exacerbate traffic. Economic impacts to the Auburn Downtown were also raised. As a result, Comprehensive Plan Policy LU -74 in the Land Use Element was adopted that sought to limit commercial development around the SuperMall and Policy LU -77 was adopted to encourage the City's continued support of Auburn downtown as the community's focal point. Policy LU -74 has since been revised to support commercial development around the SuperMall that complements its role as a regional shopping center. Since that time, several factors have changed. Auburn's Downtown, as a designated urban center in 2004, has developed a more specific vision and role for the community. Also, it is not expected that the SuperMall will develop to its maximum square footage. In light of these issues, using the draw of the SuperMall to capture additional retail development in the surrounding area is appropriate. The proposed rezones for Areas A, B, and D seek to implement this by zoning properties along the south side of the 15`h Street SW corridor and west side of the C Street SW corridor to "Heavy Commercial". Area C is the General Services Administration (GSA) facility located south of 15" Street SW and west of C Street SW. This property is owned by the Federal Government, which limits the city's land use authority. However, should the property be disposed of by the Federal government in the future it would be appropriate to establish a land use pattern that would be more consistent with allowing a mix of commercial and light manufacturing industrial uses than heavy industrial uses that could occur with the existing "Heavy Industrial" designation and existing M-2 zoning. Changing the zoning to Light Industrial (M-1) prepares this area for redevelopment should the property be disposed of by the Federal Government. Area E is a Metro Bus Park & Ride lot. The southern portion of the property is developed with the park & ride but the northern portion of the two parcels is vacant. The surrounding zoning is Heavy Commercial (C-3) with the airport to the north and rezoning the northern half of the two parcels will bring Area E in consistency with the surrounding zoning and commercial developments. Area F consists of two parcels owned by King County and City of Auburn. The main change since these parcels were zoned Light Industrial (M-1) is the two parcels are wetland mitigation sites and the proposed zone change to Public Use (P-1) implements the Open Space land designation. 4. The proposed rezone must bear a substantial relationship to the general welfare of the community. The City Council adopted Vision 2016 by Resolution No. 4049 which outlines numerous goals for economic development, infrastructure improvements, and annexations. Vision 2016, Vision for the Future, calls for the 15`h Street SW and C Street SW corridors to be strategy areas for future Page 4 of 7 Agenda Subject: REZ06-0006 2006 Comprehensive Zoning Map Date: December 12, 2006 Amendments commercial uses. One way to implement this goal is to rezone the properties designated commercial on the Comprehensive Land Use Map to Heavy Commercial (C-3). This vision is for the Auburn community as a whole and for the economic vitality of the city. II. Areas G -P 1. The rezone must be consistent with the Comprehensive Plan. Areas G -P are part of the 2006 Comprehensive Plan amendment cycle. These areas are city owned properties that vary in use from storm drainage facilities and right-of-way, to wetland mitigation sites. Planning Commission held a public hearing on September 6, 2006 on Areas G -P and recommended approval of the proposed land use map changes. The proposed changes are as follows: • Area G to "Public/Quasi-Public" • Area H to "Public/Quasi-Public" • Area I to "Public/Quasi-Public" • Area J to "Public/Quasi-Public" • Area K to "Public/Quasi-Public" • Area L to "Public/Quasi-Public" • Area M to "Public/Quasi-Public" • Area N to "Public/Quasi-Public" • Area O to "Public/Quasi-Public" • Area P to "Public/Quasi-Public" The proposed rezones are as follows: • Area G is zoned Single Family Residential (R-2) and the proposed zone change is to Public Use (P-1). • Area H is zoned Single Family Residential (R-2) and the proposed zone change is to Public Use (P-1). • Area I is zoned Single Family Residential (R-2) and the proposed zone change is to Public Use (P-1). • Area J is zoned Single Family Residential (R-1) and the proposed zone change is to Public Use (P-1). • Area K is zoned Single Family Residential (R-1) and the proposed zone change is to Public Use (P-1). • Area L is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1). • Area M is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1). • Area N is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1). • Area O is zoned Light Industrial (M-1) and the proposed zone change is to Public Use (P-1). • Area P is zoned Single Family Residential (R-1) and the proposed zone change is to Public Use (P-1). As required by ACC 18.68, the proposed rezones are consistent with the Comprehensive Plan land use designations. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request or initiated by the City in order for the Planning Commission to consider the request. The proposed rezones for Areas G -P are initiated by the City of Auburn and are processed as area wide rezones (note that Areas G -P are part of 24 rezones being processed). Area wide rezones are reviewed and a public hearing held by the Planning Commission (per ACC 18.68.030). The Planning Commission makes a recommendation to the City Council, who makes the final decision. Page 5 of 7 Agenda Subject: REZ06-0006 2006 Comprehensive Zoning Map Date: December 12, 2006 Amendments In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 3. Conditions in the area must have changed since the original zoning was established. Areas G -P are city owned properties that serve a variety of public functions such as right-of-way, storm drainage facilities, future fire station site, park facilities, and wetland mitigation sites. Since the time the majority of the sites were originally assigned zoning designations, conditions changed to warrant a corresponding change in the proposed zoning designation to Public Use (P-1). As mentioned earlier, these properties are no longer being utilized as uses allowed in the respective current zoning district. The proposed zoning designation of Public Use (P-1) reflects the properties are in public ownership and being used for public services. 4. The proposed rezone must bear a substantial relationship to the general welfare of the community. The proposed rezones for Areas G -P are taking sites that are publicly owned and serve a public function and changing to the zoning designation to reflect that public use. These proposed rezones for Areas G -P bear a relationship to the general welfare of the community to ensure that these sites continue the public function for which they are currently used. III. Areas Q -V and Y -AA 1. The rezone must be consistent with the Comprehensive Plan. Areas Q -V and Y -AA are part of the 2006 Comprehensive Plan amendment cycle. These areas are certain industrial designated properties that are proposed to change to a commercial designation. The City Council approved the 2006 Comprehensive Plan amendments on November 20, 2006 by Ordinance No. 6064. The land use designations changed are as follows: • Area Q to "Heavy Commercial' • Area R to "Heavy Commercial' • Area S to "Heavy Commercial' • Area T to "Light Commercial' • Area Y to "Light Commercial' • Area Z to "Heavy Commercial' 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request or initiated by the City in order for the Planning Commission to consider the request. The proposed rezones for Areas Q -T and Y -Z are initiated by the City of Auburn and are processed as area wide rezones (note that Areas Q -T and Y -Z are part of 22 rezones being processed). Area wide rezones are reviewed and a public hearing held by the Planning Commission (per ACC 18.68.030). The Planning Commission makes a recommendation to the City Council, who makes the final decision. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 3. Conditions in the area must have changed since the original zoning was established. Areas Q -T, Y and Z are industrial zoned properties that are located in different parts of the city that have changed over the years into commercial corridors or have the potential to expand a commercial corridor. Area Q and R are located east of SR 167 and north of 15'" Street NW. Emerald Downs and its associated parking facilities compose Area Q. Area R consists of vacant land, a Costco warehouse facility, and some outbuildings. Emerald Downs is a commercial racetrack facility and a Heavy Page 6 of 7 Agenda Subject: REZ06-0006 2006 Comprehensive Zoning Map Date: December 12, 2006 Amendments Commercial (C-3) zoning designation is more appropriate than Heavy Industrial (M-2). By changing the zoning to C-3, creates the commercial corridor along 15th Street NW and complements that surrounding zoning of C-3. Area S is located on the corner of 301h Street NE and I Street NE. The adjacent zoning is predominantly Heavy Commercial (C-3) with some multi -family (R-4) to the east. A commercial zoning designation will bring Area S into consistency with the surrounding zoning rather than having an isolated area of Light Industrial (M-1). The comprehensive plan envisions properties along the I Street and Auburn Way corridors to become commercial in nature over time. In 2005, the Planning, Building, and Community Director approved an Administrative Use Permit for a professional office to locate at the Skills, Inc. property. At that time professional offices were not permitted outright in the M-1 Light Industrial zone but required an Administrative Use Permit. This professional office remains in operation and has a valid business license issued by the City of Auburn. The adjacent properties to Area T have developed into a commercial node within the North Auburn Business Plan Area. To the north of Area T, Lowe's and Applebee's were recently constructed and existing commercial businesses are located to the south and east of Area T. The conditions have changed to warrant a Light Commercial (C-1) zoning designation for Area T rather than retaining an isolated parcel of Light Industrial (M-1) zoning. Area Y is located south of the White River and between A Street SE and Oravetz Road. This area was originally zoned Heavy Commercial (C-3), and a rezone application to Light Industrial (M-1) was processed and approved by City Council August 16, 1999 (Ordinance 5273). Since the rezone was approved seven years ago, conditions have changed in the area to warrant a rezone back to a commercial designation. At the corner of A Street SE and Ellingson (41St Street SE), a commercial development is under construction. The proposal is to change Area Y to Light Commercial (C-1) rather than back to the original C-3 zone to reflect the property's proximity to the White River and location between two schools. Area Z is located north of Main Street west of C Street NW. A variety of land uses exist, from Waste Management's recycling facility to non -conforming single family homes. The rezone proposal of Central Business District (C-2) implements Vision 2016 by allowing some residential uses adjacent to the new Environmental Park District, and by creating a buffer between the industrial uses to the north and Main Street. 4. The proposed rezone must bear a substantial relationship to the general welfare of the community. The City Council adopted Vision 2016 by Resolution No. 4049 which outlines numerous goals for economic development, infrastructure improvements, and annexations. Vision 2016, Visfon for the Future, calls for various strategy areas to be developed for future commercial use. One way to implement this goal is to rezone the properties designated commercial on the Comprehensive Land Use Map to Heavy Commercial (C-3). This vision is for the Auburn community as a whole, and for the economic vitality of the city. Page 7 of 7 Year 2006 Zoning Map Amendments Summary A City Initiated To rezone properties from "Business Park (BP) Request. and Light Industrial (M 1) to "Heavy Commercial (C-3)- for land generally located south of 15" Street SW, north of Boundary Road SW, west of the lnterurban Trail, and east of SR 167. Parcel Numbers: 0301500010, 0301500060, 0301500020, 0301500030, 0301500041, 0301500040,0301500050,0301500280, 0301500190, 0301500090, 0301500110, 0301500270,0301500120,0301500160, 0301500220, 0301500215, and 0301500200 within Auburn city limits. Approval City To rezoneproperties from "Heavy Industrial Approval Initiated (M -2). M-2) to Heavy Commercial (C-3)" for land Request. generally located east of Perimeter Road, south of 15"' Street SW, north of Boeing facilities, and west of GSA property. Parcel Numbers: 2421049096 and 2421049094 within Auburn city limits. Page 1 of 13 I I Planning Commission recommended Approval Approval 0_ Jim Schack stated this is a massive rezone. He asked whether the City knows how many people work at these industrial sites. Do you know how much taxes they pay? No one that participated on the Economic Development Strategies Committee put their name on the Economic Development Strategies document. It's not a planning document. It's a vision document. No one that served on that committee had any idea it would be used to eliminate people from the community. its more than those on the committee imagined. This is inconsistent with all of the work the Puget Sound Regional Council is working on. Don't use Development Strategies Document or the City Vision to make decisions. Approval --s �-u-mrssron recommended approval 7- Approval 0. Planning Commission discussed briefly Areas A- R Since these areas were part of the 2005 Comprehensive Plan Amendment cycle that were by City Council the proposed rezones implement the comp plan changes. 12/12/2006 C City Initiated Request. yivyc,Ly arum -neavyinuustriallVl- 2)" to "Light Industrial (M-1)" for land — Approval generally located south of 15" Street SW, west of C Street SW, north of Safeway Distribution Center, and east of Boeing facilities. Parcel Number. 2421049004 within Auburn city limits. To rezone properties from "Heavy Industrial D City (M-2)" to "Heavy Commercial (C-3)" for land Approval Initiated generally south of 8 h Street S W, west of C Street PP Request. SW, north of M&O Facilities, and east of vacant land. Parcel Numbers: 2421049053, 2421049080, 2421049066, 2421049055, and 2421049065 within Auburn city limits. Page 2 of 13 Approval Approval Planning Commission recommended approval 7 - Approval 0. Planning Commission recommended approval 7 - Approval 0. Mr. Derdowski stated he represents certain citizens/property owners of the city of Auburn and spoke broadly about the rezone process. City needs to do a new threshold determination for these rezone actions. A rezone under State law is a different action from a comp plan amendment. Commercial zoning has a different impact from that of industrial development and needs to be studied Planning Commission should ask staff to review the transportation impacts. 12/12/2006 E To rezone properties from "Light Indu7and City 1) and Public Use (P-1)" to "Heavy Approval Planning Commission recommended approval 7 - Initiated Commercial C-3 for upp Approval Approval 0 upper portion Request. land generally located north of 151' Stre west and south of Auburn Airport, and Street NE. Parcel Numbers: 00008000 0000800021 within Auburn city limits. To rezone properties from "Light Industrial (M- F City 1)" to "Public Use (P-1)" for land gen etall� Approval Initiated located north of 44..' Street NW, east of 72 PP Request. Avenue South, and west of Interurban Trail. Parcel Numbers: 3622049022 and 9360000005 within Auburn city limits. C' InitiateCity d Swan Flats Storm Drainage 0.43 acres. Request. To rezone property from "Single Family Residential (R-2)" to "Public Use (P-1)" for Publicly owned land generally located north of Auburn Way South and east of Academy Drive SE. Parcel Number: 8155780210 and within Auburn city limits. Page 3 of 13 Approval riauuu►g �_ommrssron recommended approval 7 - Approval Approval p Approval Approval 0, '."""`K Iummrssron recommended approval 7- 12/12/2006 1i Crty Initiated On Auburn Way South, near Academy Drive. I A acre storm drains Approval drainage parcel. Planning Commission recommended approval 7- Appr°va] Approval Request. 0. To rezone property from "Single Family Residential (R-2)" to "Public Use (P-1)" for Publicly owned land generally located south of Auburn Way South and the Swan Flats subdivision. Parcel Number: 2721059047 and within Auburn city limits. I City Initiated In Jansen's Addition. 1.28 storm drains tract. APPrnva1 One adjacent neighbor had questions about what a Approval Request. To rezone property from "Single Family Approval Public Use designation means. Staff explained to Residential (R-2)" to "Public Use (R1)" for property owner and satisfied with response and Proposed change. publicly owned land generally located north of Auburn Way South and east of Academy Drive SE. Parcel Number. 3668001410 Planning Commission recommended approval 7- and within Auburn city limits. 0. J Cit' Initiated Two Parcels at 2.16 acres. Future fire station site on A Street SE. Approval Approval Approval PP Request. Planning Commission recommended approval 7- To rezone property from "Single Family U. Residential (R-1)" to "Public Use (P-1)" for Publicly owned land generally located east of A Street SE and north of Oravetz Road SE. Parcel Numbers: 3621049018 and 3354400680 and within Auburn city limits. Page 4 of 13 12/12/2006 Page 5 of 13 12/12/2006 M City Initiated South 277- Street (south side) and 80th Avenue ApprovalA South (east side). 7 parcels totaling 2.16 acres. ` Approval PlaPlanning Commissic ppoyaApproval 0. Request. Storm drainage and right-of-way. To rezone properties from "Light Industrial (M- 1)" to "Public Use (R1)" for publicly owned land generally located east of B Street NW, south of South 277th Street, and north of South 278th Street. Parcel Numbers: 4297200005, 4297200060, 4297200050, 4297200015, 4297200045, 4297200120, and 4297200115 within Auburn city limits. N City Initiated C Street NE and 42nd Street NW (NW comer). 4.6 Approval acres for wetland and storm drainage tract. Approval Planning Commission pp Approval 0. Request. To rezone property from "Light Industrial (M- 1)" to "Public Use (P-1)" for publicly owned land generally located north of 42' Street Nw, west of C Street NE, and south of unincorporated King County land. Parcel Number. 2329730110 within Auburn city limits. O City Initiated North of 37th Street NW and west of interurban A royal pp Planning Commission i Approval trail. Two parcels totaling 10.5 acres for wetland Approval 0. Request. mitigation. To rezone properties from "Light Industrial (M- 1)" to "Public Use (P-1)" for publicly owned land generally located north of 37th Street NW, west of BNSF RR, and west of SR 167. Parcel Numbers: 1582600070 and 1582600066 within Auburn city limits. recommended approval approval 7 - Page 6 of 13 12/12/2006 P City Lea Hill park sites totaling 48.67 acres. Within Initiated Approval unincorporated King County. Request. ITo rezone properties from "Single Family Residential (R-1)" to "Public Use (P-1)" for publicly owned land generally located west of 116'" Avenue SE and near the City of Kent Property within Auburn's Potential Annexation Area(PAA)- Parcel Numbers: 7867000020, 0421059004, 0421059071, 0421059060, 0421059061, 0421059062, and 0421059085 within Auburn's PAA. Q I City I Emerald Downs. Majority of the area are parking Initiated lots for Emerald Downs. Some existing single Request, family residential lots to the east of Emerald Downs. To rezone properties from "Heavy Industrial (M- 2)" to "Heavy Commercial (C-3)" for land generally located east of Emerald Downs Drive, north of 151e Street NW, south of 37" Street NW, and west of BNSF Railroad. Parcel Numbers: 1580600152, 1580600150, 0121049031, 1580600200, 1580600210, 0121049027, 0121049020, 0004600020, 000460.0027, 0004600005, 0004600040, 0004600001, 1221049001, 0004600039, and 15806001511 within Auburn city limits. Page 7 of 13 Approval I I Planning Commission recommended approval 7. Approval 0. Approval Planning Commission recommended approval 5- Approval Approval 0. Planning Commission asked whether staff received any comments from Emerald Downs. Staffhas not received any comments on this proposed amendment. The commission also recommended approval of the comprehensive plan amendment. 12/12/2006 R City Initiated Request. Properties located wets of Emerald Downs. Open fields, Costco warehouse facility, and vacant land- Area also includes a permitted warehouse but no construction has begun. To rezone properties from "Light Industrial (M- 1)" to "Heavy Commercial (C-3)" for land generally located west of Emerald Down Drive, east of SR 167, south of 29'" Street NW, and north of 15'" Street NW. Parcel Numbers; 0121049014, 0121049034, 0121049033, 0121049035, 1221049008, 1221049043, 1221049042, 1221049041, and 1221049005 within Auburn city limits. Approval Mr. Fiorito spoke about his property is being PP Denial Approval ro sed for develo meat. Traffic stud r P Po P y squires him to do certain items. How will change in zoning affect him? Has SEPA approval and grading permit. Fiorito has a SEPA determination and a grading and filling permit but no building permit has been submitted. Concerned that he is not vested for the building permit. Planning Commission recommended denial 5-0. However, Planning Commission recommended approval of the comprehensive plan amendment. Concerned with traffic and access to these Properties. Also, with the existing businesses becoming non -conforming. The commission does not envision commercial development in this area. Page 8 of 13 12/12/2006 City Skills property. Initiated Request. To rezone property from "Light Industrial (M_ Approval 1)" to "Heavy Commercial (C-3)" for land generally located north of 30ie Street NE and east of I Street NE. Parcel Number. 0004000026 within Auburn city limits, Page q of 13 Denial Approval mr. t Mlle Harris spoke that this is notan area wide rezone. This is site specific. We have a 5 million dollar business/payroll. What is the rush? This is more of a steamrolling. Only reason you are doing this is streamlined sales tax. We and Danner and Utility Vault are contributing lots of money. This is a downzone. You were mislead by staff at the Oct. 3 meeting. Brian Derdowski stated that part of bis role is to put things on the record for litigation purposes. Nature of his testimony is that this is a quasi-judicial application_ Criteria have been applied inconsistently to the process. Pulling Segale is showing there is some inconsistent application going on. The Oct 3 notice on Skills was incorrect. Two years ago staffpulled this rezone. The only thing that has changed is SST. .Possible suggestions include: Adopt P -Suffix condition. Give the property a potential Zone as commercial. Identify the property as having the potential for commercial development but retain industrial zoning. Pma11y, rf Your goal is to make commercial then do the above. If the goal is hostile, then we need to go to war on this. Hold all of the rezones until the comp plan is done. Planning Commission recommended denial 4-1. Commission understands vision of I Street but has strong concerns with the existing employees who might have difficulty finding employment elsewhere. Also :oncerns with company's ability to obtain government :ontracts if non -conforming use. 12/12/2006 City initiated Warehousing and distribution facility (Pederson) Approval A PP Approval Recommended approval 5-0. The commission Request. To rezone properties from "bight Industrial (M- also recommended approval of the comprehensive plan amendment. Commission asked whether the 1)" to "Light Commercial (C-1)" for land zone change would make the existing business a generally located east of D Street NE, north of 9te non -conforming use and staff answered yes. Street NE, and west of Auburn Way North. Parcel Asked whether staff received any comments from Number. 0721059026 within Auburn city limits. the property and staff has not. Clarified that this Property is within the North Auburn Business City Plan Area. Initiated Approval Properties are located on A ST SE and D ST SE pp This area was published for the 11-8-06 public Pending Pending hearing however staff presented to the Request, adjacent to unincorporated King County land zoned R4. AA — Insurance Auto Auction, commission that Area X would be postponed due to vacant land, lmaginetics, Maryanski Building, and auto a pending SEPA appeal. Since the commission did not take public testimony on this area, a new wrecking. public hearing is needed. 12-18-06 is the date set for that public hearing. To amend the Comprehensive Plan from "Heavy Industrial'to "Heavy Commercial' and "High Density Residential' for land generally located north of 37'° Street SE, east of A Street SE, west and east of D Street SE, and south of 32°d Street SE. Parcel Numbers: 3021059009, 3021059039, 3021059154,3021059130,3021059147, 3021059033,3021059032,3021059265, 3021059035, and 3021059012 within Auburn city limits. Page 10 of 13 12/12/2006 Page 11 of 13 12/12/2006 Z City Initiated Request. West Auburn High School Neighborhood. Waste Management recycling facilities, existing single family residential, Danner Corporation. To rezone properties from "Heavy Industrial (M-2) and Light Industrial (M-1)" to "Central Business District (C-2)" for land generally located west of C Street NW, east of H Street NW, south of 0 Street NW, and north and south of West Main Street. Parcel Numbers: 4436400100, 4463400090, 4463400136, 4463400138, 4463400145, 4463400040, 4463400044, 4463400047, 4463400048, 4463400049, 5402100185, 4463400080, 4463400071, 4463400072, 4463400052, 4463400045, 4463400046, 4463400050, and 4463400051 within Auburn city limits. Approval These three own businesses within Area Z. �� Approval Waste Management Said you recommended denial of the comp plan amendment and please stay consistent with that. Lyle Johnson and Susan Johnson Print shop on G St NW. This is a down zoning from Ml to C2. This is inconsistent with the planning process done in 2000. Ordinance No. 6033 is a backdoor way of changing the zoning by allowing commercial uses in industrial zones. The Legal Department's analysis of non -conforming uses is scary. Robert Jones 101 F Street Machine shop in that area. Leave as is. Planning Commission recommended denial 3-2. Planning Commission recommended denial of comprehensive plan amendment 6-0. Concerns include proximity to industrial land to the north, need to keep businesses within the City of Auburn, and don't believe commercial development is viable at this location. If commercial development does occur, it won't be for a long time. However, the commission agrees with the downtown vision and how this area is close to the train station but it does not like that the proposed area for change is so laree. Page 12 of 13 12/12/2006 W City Initiated Request. Mixture of uses from commercial to residential. To rezone properties from "Heavy Commercial (C-3)" and "TWO Family Residential (R-3)" to "Light Commercial (C-1)" for land generally located south of 8'b Street SE and north of 17" Street SE and between A and B Streets SE within Auburn city limits. Approval 1. Planning and Community Development Committee concurred with staff's recommendation. the proposed rezones. Page 13 of 13 Joe Simmons Pending Pending A Street and I Ith. Never would have bought Property 18 months ago if he knew it was being zoned to Cl. 3 out of four tenants would be non -conforming as they are auto oriented businesses. The proposed I renders his property and buildings useless. **City Council approved 2006 Comprehensive Plan Amendment to a "Heavy Commercial designation." A new public hearing will be held to discuss the proposal of rezoning to C-3 Heavy Commercial. The original public hearing notice and testimony given at the 11-8-06 public hearing was on a C-1, Light Commercial, zone. Staff discussed Planning Commission's reasons for recommendations of denial on some of 12/12/2006 ORDINANCE NO. 6 0 6 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PLANNING; ADOPTING ZONING MAP AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS ACCORDINGLY WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Comprehensive Plan map and text amendments were processed by the Planning, Building, and Community Department as proposed Year 2006 amendments to the City of Auburn Comprehensive Plan and the City of Auburn adopted the 2006 Comprehensive Plan amendments on November 20, 2006 by Ordinance No. 6064; and WHEREAS, the environmental impacts of the Year 2006 Comprehensive Plan amendments were considered in accordance with procedures of the State Environmental Policy Act; and -------------------------- Ordinance No. 6067 December 6, 2006 Page 1 WHEREAS, the environmental impacts of the 2006 Zoning Map amendments were considered in accordance with the procedures of the State Environmental Policy Act; and WHEREAS, the proposed amendments were transmitted to the Washington State Office of Community Development and other State agencies for the 60 day review period in accordance with RCW 36.70A.106; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission on November 8, 2006 conducted public hearings on the proposed Zoning Map amendments; and WHEREAS, at the public hearing the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the Auburn City Planning Commission made recommendations to the City Council on the proposed 2006 Zoning Map amendments; and WHEREAS, on December 11, 2006 the Planning and Community Development Committee of the Auburn City Council reviewed the Planning Commission's recommendations and made a recommendation to the City Council; and WHEREAS, on December 18, 2006, the Auburn City Council considered the proposed Zoning Map amendments as recommended by the City of Auburn Planning Commission; and -------------------------- Ordinance No. 6067 December 6, 2006 Page 2 WHEREAS, several amendments are for city owned properties changing to a Public Use zone; and WHEREAS, in 2005 the City of Auburn brought together a focus group of diverse business and community interests that identified several economic development areas within the City. The focus group's effort is reflected in an Economic Development Strategies document that includes strategies and actions needed to affect necessary change for specific strategy areas within the City as adopted by Resolution No. 3944 by the City Council. Implementation of these strategies is intended to enable the City to achieve the City's economic development potential. Implementation of actions and strategies in the Economic Development Strategies is appropriate and reflected in various proposed amendments to various chapters; and WHEREAS, the North End Strategy Area calls for enhancing Emerald Downs Drive with commercial and industrial uses such as restaurants to capitalize on daytime volumes, and the I Street Corridor strategy also calls for enhancing the daytime population with commercial uses such as lunch cafes; and WHEREAS, the 15th Street SW and C Street SW strategy areas calls for designating both sides of 15th Street SW as commercial and focus on the C Street SW and 8th Street SW vicinity as a redevelopment area with productive uses; and WHEREAS, the A Street SE Corridor Strategy area calls for enhancing the economic vitality of A Street SE by recognizing A Street SE is a high volume traffic corridor and additional traffic should not be used as a rationale to preclude -------------------------- Ordinance No. 6067 December 6, 2006 Page 3 development, and the logistics of implementation calls for the change of industrial properties to commercial while protecting the area's interior residential neighborhoods; and WHEREAS, the AEP Green Zone Strategy area calls for preparation of a second phase to take more densely developed but underutilized areas adjacent to AEP Greenbelt Strategy Area; and WHEREAS, on June 19, 2006 the City of Auburn City Council adopted Resolution No. 4049, Vision 2016, which outlines numerous goals of the City Council to accomplish over the next ten years; and WHEREAS, the Puget Sound region has seen an increasing trend toward the commercialization of industrially zoned areas to respond to changing needs of the public. Renton, Kent, Tukwila and Federal Way are just a few of the areas that have seen the demand for commercial uses lead to rezoning of industrial land. This trend has become increasingly pronounced in the south King County area. Certain proposed amendments respond to this trend by amending industrially designated properties to commercial, especially along major city transportation corridors; and WHEREAS, in the coming years, pressure will be escalating to rezone industrial land and encourage commercial mixed-use development, and changing comprehensive plan land use designations to commercial for the proposed areas prepares Auburn for this trend by planning for the next ten to twenty years; and WHEREAS, the City is endeavoring to anticipate such changes as reflected in the Vision for the community, rather than reacting to market trends; and -------------------------- Ordinance No. 6067 December 6, 2006 Page 4 WHEREAS, the City of Auburn does not have a designated manufacturing/industrial center per the King County Countywide Planning Policies; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The 2006 Zoning Map Amendments, Exhibit A, are herewith adopted and approved and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendments are herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW. 43.21C.060. Section 3. The Findings and Conclusions, Exhibit B, outlined in the Agenda Bill are herewith adopted and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 4. The WHEREAS statements outlined in this ordinance are herewith adopted as findings and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such -------------------------- Ordinance No. 6067 December 6, 2006 Page 5 portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation to include incorporating into one document the adopted Comprehensive Plan map and text amendments, attached hereto as Exhibit "A" and preparing and publishing the amended Comprehensive Plan. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: Peter B. Lewis MAYOR ATTEST: Danielle E. Daskam, City Clerk -------------------------- Ordinance No. 6067 December 6, 2006 Page 6 APPROVED AS TO FORM: Published: -------------------------- Ordinance No. 6067 December 6, 2006 Page 7