Loading...
HomeMy WebLinkAbout4912 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. ~_~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PLANNING; ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENTS TO COMPLY WITH THE CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD DECISION IN CASE NO. 95-3-0075C, PURSUANT TO THE PROVISIONS OF R.C.W. CHAPTERS 36.70A AND 35A.63 OF THE LAWS OF THE STATE OF WASHINGTON; DESIGNATING THESE AMENDMENTS AS GUIDELINES FOR EXERCISING THE CITY'S AUTHORITY UNDER THE WASHINGTON STATE ENVIRONMENTAL POLICY ACT (SEPA); DIRECTING THAT THIS ORDINANCE AND COMPREHENSIVE PLAN AMENDMENTS IT ADOPTS AND APPROVES BE FILED WITH THE AUBURN CITY CLERK AND BE AVAILABLE FOR PUBLIC INSPECTION. WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, the City of Auburn on April 17, 1995 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, the Burlington Northern Santa Fe Railroad challenged the City of Auburn Comprehensive Plan in front of the Central Puget Sound Growth Management Hearings Board; and Ordinance No. 4912 Septc~%bcr 25, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Central Puget Sound Growth Hearings Board in Case No. 95-3-0075C ruled that Comprehensive Plan was in compliance with Management Act, but remanded to the City four sections of the Plan; and WHEREAS, Draft Comprehensive Plan text comply with the Hearings Board decision were proposed revisions Plannin9 Department Auburn Comprehensive WHEREAS, as Plan; and the Comprehensive Management the City's the Growth (4) specific amendments to prepared by the to the City of Plan text amendments were transmitted to the Auburn City 1996; and WHEREAS, the Comprehensive Plan accordance with Act; and WHEREAS, after official newspaper at Plannin9 Commission in August, environmental impacts of the Draft text amendments were considered in procedures of the State Environmental Policy proper notice published in the City's least ten (10) days prior to the date of hearing, the Auburn Plannin9 Commission on September 17, 1996, conducted public hearings on the proposed amendments; and Ordinance NO. 4912 September 25, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, at the hearing, the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration if said proposed amendments; and WHEREAS, thereafter the Auburn City Planning Commission recommended approval of the Draft Comprehensive Plan text amendments, after making additional revisions, and transmitted a copy of its recommendation to the Auburn City Council through the Mayor, who acknowledged receipt thereof and directed the Clerk to certify thereon the WHEREAS, of the Auburn recommendations and made date of receipt; and the Planning and Community Development Committee City Council reviewed the Planning Commission's additional revisions which were combined with those of the Planning Commission and recommended approval to the Auburn City Council; WHEREAS, Auburn City and within sixty (60) days from the receipt of the Planning Commission recommendation for the the Auburn City Council, at a public published in the City's proposed amendments meeting, held after proper notice official newspaper at least ten (10) days prior to the date of hearing on October 7, 1996, considered and voted on the Ordinance No. 4912 September 25, 1996 Page 3 1 2 3 4 5 6 ? 8 9 10 I1 12 13 14 15 16 17 19 20 21 22 23 24 25 26 proposed amendments Commission and Committee. NOW, THEREFORE, WASHINGTON, DO ORDAIN AS FOLLOWS: as recommended by the Auburn City Planning the Planning and Community Development THE CITY COUNCIL OF THE CITY OF AUBURN, ~ The Planning and Committee's 'Recommended Amendments are approved and it is herewith directed that with this Ordinance with the Auburn available for public inspection. Community Development herewith adopted and they be filed along City Clerk and be ~ The Comprehensive Plan text amendments modify the Comprehensive Plan adopted on August 18, 1986 by Resolution 1703. The Comprehensive Plan and amendments is 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 R.C.W. 43.21C.060. ~ If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Ordinance No. 4912 September 25, 1996 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Comprehensive Plan amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. ~ The Mayor is such administrative procedures out the directions of this hereby authorized to implement as may be necessary to carry legislation to include incorporating into one document the adopted Comprehensive Plan text amendments, attached hereto as Exhibit "A" and preparing and publishing the amended Comprehensive Plan. ~9_C=~Q~_~_~ This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. Ordinance NO. 4912 September 25, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 4912 September 25, 1996 Page 6 '," ' "~' September 24, 1996 City of Auburn Planning and Community Development Committee's Proposed Comprehensive Plan Amendments Page 5-15, replace section on Regional Facilities: Essential Public Facilities According to the GMA (RCW 36.70A.200),: "Essential public facilities include those facilities that are typically difficult to site such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse fhcilities, mental health facilities and group homes." More generally, essential public facilities are facilities, conveyances, or sites that meet the following definition: (1) the facility, conveyance or site is used to provide services to the public; (2) these services are delivered by government agencies, private or non-profit organizations under contract to or with substantial funding from government agencies, or private firms or organizations subject to public service obligations, and (3) the facility or use of the site is necessary to adequately provide a public service. The Growth Management Act requires that every comprehensive plan include a process for siting essential public facilities. No comprehensive plan can preclude the.' siting of essential public facilities within the community. The Growth Management Act includes these provisions because siting certain public facilities has become difficult due to the impacts many of these facilities have on the adjacent community. Many factors contribute to this problem, including increased demand for facilities to serve a growing population, increased competition for land as the state becomes more urbanii:ed, problems with siting processes. By including a process for siting essential facilities in the Comprehensive Plan, deficiencies in the siting process can be minimized. This section contains Auburn's process for siting essential public facilities. This is an interim process as the Growth Management Planning Council, which is made up of representatives of the cities in King County and the county, will develop a countywide process for siting essential public facilities. When that process is developed, Auburn may modify these procedures to reflect the Council's recommendation. CF-62 Essential Public Facility Siting Process. 1. If the essential public facility largely serves a regional, countywide, statewide or national need, then the city will consider siting the facility after the following criteria are met: a. The proposal is included within an adopted state or regional plan which was developed through an appropriate public process (including at least one local public hearing) and has undergone a NEPA and/or SEPA review; o So City of Auburn Draft Comprehensive Plan Amendments, Pag~ 2. September 24, ~1996 b. Appropriate alternative sites both in and outside Auburn will have been considered and evaluated; c. Impacts of the proposed essential public facility will have to be identified and an appropriate mitigation plan developed with a financing strategy using non-local sources; d. The State or Regional agency which adopted the plan will act as co- proponent for the proposal as it proceeds through the local permit process. Essential public facilities of a i'egional, countywide, statewide or national nature will be reviewed by the City through the special area plan process. The boundaries of the Special Area Plan will be set at a scale directly related to the size and magnitude of the proposal. For facilities of regional, state, and national need, Auburn staff shall participate in the review process of part 1 (above), and use the data, analysis and environmental documents prepared in that process to aid in the City's special area plan review, if Auburn determines that those documents are adequate. If the facility requires other development permits, those approvals also shall be considered within the review process. The special area plan process to be used for essential public facilities of a regional, countywide, statewide or national nature shall follow the City's Comprehensive Plan amendment process which includes multiple opportunities for public involvement. An analysis of the facility's impact on City finances shall be undertaken. If the study shows that locating a facility in a community would result in a disproportionate financial burden on the City of Auburn, an agreement with the project's proponents must be executed to mitigate the adverse financial impact or the approval shall be denied. If the essential public facility meets largely local needs the facility shall be considered based upon section (6) below. 6. The following criteria shall be used to evaluate all applications to site essential public facilities: a. Whether there is a public need for the facility. b. The impact of the facility on the surrounding uses and environment, the City and the region. c. Whether the design of the facility or the operation of the facility can be conditioned, or the impacts mitigated, in a similar manner as with a traditional private development, to make the facility compatible with the affected area and the environment. d. Whether a package of incentives can be developed that would make siting the facility within the community more acceptable. City of Auburn Draft Comprehensive Plan Amendments, Page 3. §eptember 24,~ 1996 e. Whether the factors that make the facility difficult to site can be modified to increase the range of available sites or to minimize impacts on affected areas and the environment. f. Whether the proposed essential public facility is consistent with the Auburn Comprehensive Plan. g. Essential public facilities shall comply with any applicable state siting and permitting requirements(e.g., hazardous waste facilities). CF-63 The Planning Director shall make a determination as to whether a development application will result in a significant change of use or a significant change in the intensity of use of an existing essential public facility. If the Planning Director determines that the proposed changes are significant, the proposal will be subject to the essential public facility siting process as defined in Policy CF-62. If the Planning Director determines that the proposed changes are insignificant, the application shall be reviewed through the City's standard development review procedures. The Planning Director's determination shall be based upon the following: The proposal's impacts on the surrounding area The likelihood that there will be future additions, expansions, or further activity related to or connected with the proposal. One of the difficulties of siting essential public facilities is that they are not :allowed in all appropriate areas. To help address this problem, Auburn shall allow essential public facilities in those zones in which they would be compatible. The types of facilities that are compatible will vary with the impacts likely from the facility and the zoning district. In the M-2 Zoning District, many essential public facilities will be compatible uses and broad use categories allowing such uses should be included in the zone. CF-64 Essential public facilities shall be allowed in those zoning districts in which they would be compatible and impacts can be mitigated. In situations where specific development standards cannot be met, but there is a determination that the facility can be made compatible, the City Council can waive those specific standards with the requirement that appropriate mitigation is provided. The M-2 Zoning District should include broad use categories that allow all essential public facilities that are difficult to site as permitted or conditional uses as appropriate. CF-65 Essential public facilities should be equitably located throughout the City, county and state. No jurisdiction should absorb a disproportionate share. CF-6_6-5 Essential public facilities of a regional, countywide, statewide or national nature o,,~.,:~ ............ j ~j ........... ~ ...... to should be res~icted to the Region City of Auburn Draft Comprehensive Plan Amendments, page 4. September 24, 1996 Serving Area of Auburn. Such facilities should be located in relationship to transportation facilities in a manner appropriate to their transportation needs. Extensive buffering from adjacent uses may be required. Facilities which generate a significant amount of truck traffic should be located on major arterial streets. Page 7-13: Forecast Vo]lllmeS The traffic forecast is made by a microcomputer-based transportation planning model. TMODEL2. which is baseduoon. ~'~"'~ ........... ~"~;~ ............. ~ .... ~";~, .....'~' ...... .,o~ ...~ ...~..~..,~...~';~*"':~'~ .'i, ata tv ~. ........................... on the land use plan and assumptions, as outlined in the land use element, and on the Comprehensive Plan Map._The model is calibrated to include existina land uses. including large traffic generators includin~ the Sm>erMall of City of Auburn Draft Comprehensive Plan Amendraents, Page. 5. September 24, 1996 thee Great Northwest. the Emerald Downs Thoroughbred Racetrack and the Muckleshoot Indian Casino. ur:~,^.:~, ;~c ...... ;... :~1...~ ~.~,~. ....... ~,: ....... ~ d ...... ;^. m.,..~ ........ + .... ;'~';" '~'~ City ..... v ........... v ...... ; ........ cf.;..~.~ an~ Areas outside of the current city limits that are expected to significantly impact the City transportation system ~re ',','ill included in the model, xxn ........., ....,.:. The model ..,111, ............ ~ .......... enables the City to conduct detailed traffic forecasts for all arterial streets based upon a number of if-then development and land use scenarios, r~ ..... ~.~ , ......... +..+: ..... .~ : ...... ~.,.~.~ Estimated traffic counts and the LOS for the arterial links within the City in the year 202__003 are shown in Figure 7.2. The 2020 forecast coincides with "build out" of the City's comprehensive Plan and meets the GMA's requirement for at least a ten year traffic forecast. A number of deficiencies are indicated. The City's Capital Facilities Plan indicates that all of these deficiencies can be improved to acceptable levels by construction programs, however revisions to this plan may be necessary when the new Transportation Plan is completed. As future six year transportation improvement plans are developed, these projects will be further refined and budgeted as necessary. A few more links may become deficient beyond the planned improvements by the year 20200-3 if regional programs to reduce travel demand are not effective. Further analysis of these forecasts and trends m-e contained in Chapter II of ~he Capital Facilities Plan (CFP). As noted, most of the more dramatic traffic increases are caused by development trends outside the city, especially along the roadways serving the Enumclaw Plateau. Other areas of major traffic increase include the 'A" Street SE corridor, M Street SE and along the West Valley Highway. Two areas that will receive substantial increases in traffic caused by internal development are the southwest area of the City where the SuperMall will add large traffic volumes, and in the northwest area where continued development of the industrial area will add large traffic increases. 40 ~ubumWa~South StateRoute18(E-bound)tOS~lStSE 435 1400 32305 0017 ; 1400 38542 088 D City o£ ~=bu=n, '~:*f£:L= Znginee=ing Seatton Level of Se~ice VS Volume Ca~ci~ Ratio: LOS VIC LOS ViC City of Auburn Draft Comprehensive Plan Amenchnents, Page 6. September 24, t996 Page 7-28: Intergovernmental Coordination The Growtb Management Act (RCW 36.700A..070) provides that comprehensive plans should include a discussion of intergovernmental coordination efforts, including "an assessment of the impacts of tile transportation plan and land use assumptions on the transportation systems of a~iacent jurisdictions." Adiacent jurisdictions include fire cities of Kent, Algona. Pacific and Federal Wax, and King and Pierce Counties. Auburn's coordination with these bodies was nrhnaril¥ by providine these !iurisdictions (along with the City of Sunmer, the Muckleshoot Indian Tribe, METRO. l:'ueet Sound Reeional Council. Washington State Department of Transvortation and the Regional Transit Authority) with copies of the Draft Comprehensive Plan amend~nents prior to adontion. Comments on any aspect of the plan. including the transportation and 1.qntl use assmnptions were requested. In most instances, their comments were inteerated into the adopted Plan. The City received written comments from the following agencies or jurisdictions: The City of Kent The' City of Sumner Pierce County Washington State Department of Transportation METRO The Regional Transit Authority In ~:eneral, Auburn's transportation plan and land use assumptions as presented had little impact on these jurisdictions as the land use assumptions contained in the Plan are, largely unchanged since the 1986 plan. While new development has occurred, Auburn has always required mitigation to level of service C, a__ more stringent standard than adjacent jurisdictions. The City will continue coordination efforts with the South County Area Transportation Board, Puget Sound Regional Council, Growth Management Planning Council, and various task forces and committees. Interlocal agreements to resolve differences between or among jurisdictions may be used, as necessary. Ernphasis on accommodating through traffic without adversely affecting residential neighborhoods will be continued through efforts to move the traffic to the regional f~.cilities as efficiently as possible. Page 14-14 to 14-15: Light Industrial Purpose: To reserve quality industrial lands for activities that implement the City's economic development policy. City of Auburn Draft Comprehensive Plan Amendments, P~ge 7. Sel~tember 24, '1996 Description: This category is imended to accommodate a wide range of industrial or large scale commercial uses. It is distinguished from heavier industrial uses by means of performance criteria. All significant activities shall take place inside buildings, and the processing or storage of hazardous materials shall be strictly controlled and permitted only as an incidental part of another use. The siting and design of industrial buildings shall be of an 'industrial or business park" character. Compatible Uses: A wide range of industrial and heavy commercial uses may be permitted, subject to performance standards. These uses include warehousing and indoor processing of materials. Uses requiring outside storage and processing shall be discouraged. Outside storage shall be permitted only by means of a conditional use permit, provided that such storage is found to be compatible with the adjacent existing and planned uses and that such storage would not detract from the potential use of the area for light industry. In all cases such storage shall be extensively screened. Uses involving substantial storage or processing of hazardous materials as well as substantial emissions should not be permitted in these areas. A wide range of commercial activities may be allowed on a conditional basis provided that such uses support rather than detract from the indnstrial character of the area. The Burlington Northern Santa Fe Railroad Auburn Yard located within the Railroad Special Plan Area is considered a compatible use at its current level of nsage (as of August 14,1996). It is not bound by the policies concerning outside storage.under the existing light industrial designation as it was an existing use prior to the dewflopment of this policy. Should BNSF decide to reactivate its apvlications to upgrade the yard to intermodal facility, the proposal will be subject to the essential public facility sitinL, process as defined in Policy CF-62. Criteria for Designation: This designation should be applied to a majority of the Region Serving Area designated under this Plan. It is particularly appropriate for industrial land within high visibility corridors. This category should separate heavy industrial areas from other uses. Considerations Against Applying this Designation: Within the Community Serving Area, this designation should only be applied to sites now developed as light industrial sites. Industrial sites along rail corridors are generally more appropriate for heavier industrial uses, unless in high visibility corridors. Appropriate Implementation: This designation is implemented by the M-1 or Business Park (BP) zone. d:\complan\gmhbamen\amendpcd.doc