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HomeMy WebLinkAboutITEM VIII-A-1~ * H , CITY OF M WASH[NGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments Department: Planning, Building Attachments: Ordinance No. 6280 Budget Impact: N/A and Community summary matrix, and separate working binder. Administrative Recommendation. City Council introduce and adopt Ordinance No. 6280. Background Summary: The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the Washington State Growth Management Act (GMA) requirements, as amended. The Auburn Comprehensive Plan has been amended annually each year since then. Comprehensive plan amendments can be initiated by private citizens (privately-initiated) and by the City of Auburn (city-initiated). This year the City received three privately-initiated plan map amendment applications and one text amendment. The text amendment was withdrawn and will proceed as a rezone. The three private-initiated map amendments are described in further detail below. There are four city-initiated map amendments. All four map amendments are reference maps to the Comprehensive Plan. There are no land use changes initiated by the City. CPM# 1 revises Map 9.1, Shoreline Master Program, to reflect.the shoreline designations in the adopted revised Shoreline Management Plan. CPM# 2 adds a new reference map identifying the ground water protection zones for the City but specifically Coal Creek Springs as identified in policies. CPM #3 adds a new reference map showing the Enumclaw Plateau. CPM #4 adds a new reference to Chapter 10 showing the designated and registered historic sites within the City. Comprehensive plan amendment applications are initially reviewed during a public hearing process before the City of Auburn Planning Commission, who then provides a recommendation to the City Council for final action. The Planning Commission reviewed the city-initiated map and policy amendments and the Comprehensive Water Plan at their September 9`h meeting. The private-initiated amendments, Comprehensive Transportation Plan, Comprehensive Sewer Plan, and Com~rehensive Storm Drainage Plan updates were reviewed by the Planning Commission at their October 6t meeting. At the November 4tn planning Commission meeting the City's Capital Facilities Plan was presented. The Planning Commission has forwarded its recommendation to the Council on all Plan Map and Policy/Text amendment applications. L1207-2 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 Services ❑ Finance ❑ Parks ❑ Human Services 0 Planning & CD El Fire ED Planning ❑ Park Board ED Public Works [D Legal ❑ Police 0 Planning Comm. ❑ Other Z Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meetin Date: December 7, 2009 Item Number: VIII.A.1 A[)$URN* MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments City Council consideration and action on the amendment applications is required to occur prior to the end of the calendar year. The 2009 Comprehensive Plan Amendments were reviewed by the Planning and Community Development Committee (PCDC) at their October 26, 2009 and again at their November 9, 2009 meeting. The Public Works Committee reviewed the amendments at their November 16, 2009 with no changes. The PCDC forwarded Ordinance No. 6280 to the full City Council at their November 23, 2009 meeting. A. Findings 1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for amendments to locally adopted GMA comprehensive plans. Except in limited circumstances provided for in State law, comprehensive plan amendments shall be considered by the city or county legislative body no more frequently than once per year. 2. The City of Auburn established a June 19, 2009 deadline for the submittal of privately- initiated comprehensive plan applications (map or policy/text). Notice to the public of the filing deadline was provided on the City's website, the Seattle Times, the Auburn Reporter, and sent to a compiled notification list. The City received three privately initiated comprehensive plan map amendments and one text amendment by the deadline. Since then the text amendment has since been withdrawn and will be processed as a rezone. 3. The City of Auburn received annual updates to several school district capital facilities plans. These capital facilities plans are referenced in Chapter 5 of the Auburn Comprehensive Plan and are processed as Policy/Text (P/T) amendments. 4. A Determination of Non-Significance was issued for the City initiated map and policy amendments and the Comprehensive Water Comprehensive on August 6, 20098 under city file SEP09-0016 and SEP09-0023 respectively. Comments received have been addressed by staff. 5. A Determination of Non-Significance was issued for the Comprehensive Sewer Plan, Comprehensive Storm Drainage Plan, and Comprehensive Transportation Plan on September 17, 2009 under city file SEP09-0031, SEP09-0027, and SEP09-0032 respectively. Comments received have been addressed by staff. 6. A Determination of Non-Significance was issued for CPA09-0002, Lyden and Lyden Comprehensive Plan Amendment on September 21, 2009 under city file SEP09-0014. No comments were received. 7. A Determination of Non-Significance was issued for CPA09-0004, Craig Commercial Comprehensive Plan Amendment on September 22, 2009 under city file SEP09-0018. No comments were received. 8. A Determination of Non-Significance was issued for CPA09-0005, Riverside Village Comprehensive Plan Amendment on September 21, 2009 under city file SEP09-0019. No comments were received. Page 2 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments . 9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in this agenda bill were sent to the Washington State Office of Commerce, Growth Management Services and other state agencies as required for the 60-day state review. No comments were received from Commerce or other state agencies as of the writing of this report. 10. A public open house was held on the 2009 Comprehensive Plan Amendments on August 18, 2009 in the Council Chambers at Auburn City Hall. Notice was provided in the Auburn Reporter, Seattle Times, the City's website, and emailed to an established notification list. 11. The public hearing notice was published on August 20, 2009 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for September 9, 2009. Notice was also published in the Auburn Reporter on August 21, 2009. 12. The public hearing notice was published on September 22, 2009 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for October 6, 2009. Public notice was provided to property owners within 300 feet of the subject site for the private-initiated (site specific) amendments. 13. The public hearing notice was published on October 22, 2009 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for November 4, 2009. 14. Pursuant to Washington Administrative Code (WAC) 246-290-100 the City is required to meet the regulations of the Washington Department of Health. The Water Comprehensive Plan should be updated every six years. 15. The City Council adopted Ordinance No. 6245 amending various sections of the Auburn City Code; specifically Title 18, Zoning. 16. Auburn City Code Chapter 14.22 outlines the process for submittal of private initiated amendments and the processing of comprehensive plan amendments as follows: Section 14.22.100 A. The planning commission shall hold at least one public hearing on all proposed amendments to the comprehensive plan. Notice of such public hearing shall be given pursuant to Chapter 1.27 ACC and, at a minimum, include the following: 1. For site-specific plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within a radius of 300 feet of the proposed map amendment request, not less than 10 calendar days prior to the public hearing; 2. For area-wide plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within the area subject to the proposed amendment; Page 3 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments c. Notice shall be posted in at least two conspicuous locations in the area subject to the proposed amendment not less than 10 calendar days prior to the date of the public hearing. B. Notwithstanding the above, the director may expand the minimum noticing provisions noted above as deemed necessary. C. Planning Commission Recommendation. The planning commission shall conduct a public hearing on all potential comprehensive plan amendments and shall make and forward a recommendation on each to the city council. The planning commission shall adopt written findings and make a recommendation consistent with those findings to the city council. D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings and adopt said amendments by ordinance. E. State Review. All comprehensive plan amendments considered by the planning commission shall be forwarded for state agency review consistent with RCW 36.70A.106. F. Any appeal of an amendment to the comprehensive plan shall be made in accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.) 17. On September 9, 2009 the Auburn Planning Commission conducted a public hearing on the plan map applications CPM #1 through CPM #4, and the proposed Policy/Text amendments P/T#1-4, P/T#7, Comprehensive Water Plan, and P/T#8. A recommendation on each has been forwarded to the City Council. 18. On October 6, 2009 the Auburn Planning Commission conducted a public hearing on the private-initiated map amendments CPM#5-#7, P/T #7 Comprehensive Sewer Plan and Comprehensive Storm Drainage Plan, and P/T #6 Comprehensive Transportation Plan. A recommendation on each has been forwarded to the City Council. 19. On November 4, 2009 the Auburn Planning Commission conducted a public hearing on the City's Capital Facilities Plan, P/T #5. A recommendation has been forwarded to the City CounciL 20. On October 26, 2009 and November 9, 2009 the Planning and Community Development Committee reviewed the recommendations of the Planning Commission. 21. On November 16, 2009 the Public Works Committee reviewed the recommendations of the Planning Commission. 22. On November 23, 2009 the Planning and Community Development Committee recommended approval of Ordinance No. 6280 to the full City Council that includes this staff report as the findings and conclusions. B. Additional Findings that apply to CPA09-0002 (CPM#5) 23. During the year 2006 Comprehensive Plan Amendments, the City Council adopted Ordinance No. 6064 that changed several properties within the City from an industrial designation to a commercial designation. One of those amendments was a parcel within the Auburn North Business District that was changed from Light Industrial to Light Commercial. Page 4 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments _ 24. The subject property is within the Auburn North Business District. This plan was amended in 2006 to eliminate industrially designated land within the plan area. 25. There are 302 acres of Light Commercial designated land within the City which is approximately 1.5% of the City's total acreage whereas there are 1,762 acres or approximately 9% Light Industrial designated land. 26. The City Council recently approved amendments to the C-1, Light Commercial, zone and during that amendment process policy direction was given that the City needs to protect. 27. 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. The following report identifies Comprehensive Plan Map (CPM) and Policy/Text (P/T) amendments that were heard by the Planning Commission at the September 9, 2009, October 6, 2009, and November 4, 2009 public hearings, along with their recommendation. The report also includes the Planning and Community Development Committee (PCDC) recommendation made at their November 23, 2009 meeting. CPM #1 Revised Map 9.1, Shoreline Master Program, with the new shoreline designations as established in the re-adopted document approved by the Auburn City Council and Department of Ecology. Discussion The Auburn City Council adopted the Shoreline Master Program (SMP) in May 2008 and the document was submitted to the Department of Ecology for their review and approval. Department of Ecology (DOE) provided their comments back to the City in first part of 2009. Staff worked the DOE staff and the City Council to adopt a revised SMP in April 2009 that was ultimately approved by the DOE in May 2009. As a result of the amended SMP, the shoreline environments mapped on Map 9.1 need to be updated to reflect the designations adopted in the SMP. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninp Commission Recommendation Planning Commission recommended approval to the City Council Page 5 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council CPM #2 Add a reference map, Map 3.5 Groundwater Protection Zones, to identify the tributary area to the Coal Creek Springs watershed as well as other wellhead protection areas in the City. Discussion Land Use Policy LU-9 states that the City shall protect Coal Creek Springs by limiting the density and designating a special plan area for parcels located SW of the springs. A special plan area has been designated (reference map 14.2), however, a reference map does not show the location of Coal Creek Springs or the groundwater protection areas. Staff proposes the addition of Map 3.5, Groundwater Protection Zones, to clearly identify the location of Coal Creek Springs and the sensitive groundwater protection areas associated with the aquifer. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninp Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council CPM #3 Add a reference map, Map 3.6 Enumclaw Plateau, to identify the area where the City will not extend water and sewer as stated in Land Use Policy LU-10. Discussion Land Use Policy LU-10 states that City will support low density zoning adjacent to the city limits on the Enumclaw Plateau by not extending City sewer and water facilities to the area. Since the policy references a specific location staff recommends including a reference map showing the portion of the Enumclaw Plateau that is adjacent to the city limits where the City has identified not to extend water and sewer services. Also to note, the City's utility service area boundaries are the city limits in this area. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninp Commission Recommendation Planning Commission recommended approval to the City Council with a word change to LU-10. PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council Page 6 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments CPM #4 Add a reference map, Map 10.1 Historic Building Inventory, to identify historic structures within Auburn from the City's inventory list. Discussion There are several locations within the City of Auburn that have been identified as historical sites either on the federal, state, or local register. To assist in project reviews or other planning efforts it is useful to have these location on a reference map. It is important to recognize these locations. This importance is also recognized by both the State and the County by the inclusion of historic preservation as one of the goals of the Growth Management Act and in the King County Countywide Planning Policies. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planning Commission Recommendation Planning Commission recommended approval to the City Council with modification to include a reference table on the map PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council CPM #5 - Staff Analvsis The applicant's agent submitted a comprehensive plan map amendment application on June 11, 2009 by the submittal deadline of June 19, 2009. The comprehensive plan map amendment request is to change the land use designation of a 4.45 acre parcel from Light Industrial to Light Commercial. The current Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are as follows: t4 u, Site Light Commercial C-1; tight Commerciaf Vacant North Light Commercial C-1, Light Commercial Vacant South Light Industrial M-1, Light Industrial Wetland mitigation and storm drainage facilities East Light Commercial C-1, Light Commercial Vacant and Senior Assisted Livin Units West Heavy Industrial M-2, Heavy Industrial BNSF Railroad Page 7 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments RLand Use ;~v~ Downtown ■Heavy Cammercial Heavy Industrial ■High C}ensity Residential Light Commercial light Industrial n Mloderate Density Residential Neighbarhoad Cammercial 10t?ffice Residential C}aen Space Public and Quasi_Public Residential Ganservency Single-Familp P,esidential Auburn North Business Area Plan The Auburn North Business Area Plan (ANBAP) states that this area should include light commercial and high density residential with uses that complement the Downtown such as entertainment, professional office, dining, medical/dental, or personal services (Policy AN1.1). The majority of the ANBAP area shall be general commercial (as known as Light Commercial) with the exception of the Fred Meyer parcel shall remain Heavy Commercial (Policy AN1.7). The implementing zone shall be C-1, Light Commercial (Policy AN1.8). Surrounding land uses are light commercial and heavy commercial in nature. A change to Light Industrial will create an incompatible use with the senior assisted living to the east, Lowe's to the north, and the vacant site owned by Multicare that could potentially be a large medical facility. The proposed change to Light Industrial is also incompatible with the uses envisioned for the area in the ANBAP. Page 8 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments Economic Development Strateqies The Economic Development Strategies document adopted by City Council in November 2005 was created by a focus group of diverse business and community interests in Auburn. This group identified four Economic Development Strategy Areas in Auburn that need attention now. Combined with these four areas are recommended economic development strategies and the actions needed in order to effect necessary change. The implementation of these strategies provides Auburn with the ability to unleash the potential for redevelopment. Policy ED-10 of the Auburn Comprehensive Plan states the following: "The City should develop a formal economic development strategy as an element of the Comprehensive Plan to specifically identify the types of businesses most consistent with community aspirations and lay out a program to attract those businesses. The City should work cooperatively with other governmental agencies in its economic development efforts, including the Muckleshoot Tribe, King County, Pierce County the Port, and the State. The City should implement its economic development strategy through a partnership with the private sector." The City Council's adoption of the Economic Development Strategies document in November 2005 implements Policy ED-10. Policy ED-15 of the Auburn Comprehensive Plan calls for implementing the recommendations of the City's 2005 Economic Development Strategies brochure, which reinforces Policy ED-10 above. The urban center strategy area, within the Economic Development Strategies document, includes the north of Downtown between Auburn Way North, 15th Street NW, and C Street NW (see attached drawing). The subject property is part of the major redevelopment area identified in the document for a range of uses such a medical office, retail, professional office, or restaurants. This area will be connected to Downtown Auburn through the construction of the A Street link (A/B Corridor) and will be an extension of downtown. To create additional industrial development between downtown and the Auburn North Business Area will act as a barrier in connecting these two key commercial areas of the City. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend denial of Lyden and Lyden Comprehensive Plan Amendment Planninq Commission Recommendation Planning Commission recommended approval, Comprehensive Plan Amendment 7-1, to the City Council of the Lyden and Lyden PCDC Recommendation PCDC recommends denial to the City Council based on the findings and staff analysis in this report CPM #6 - Staff Analvsis The applicant's agent submitted a comprehensive plan map amendment application on June 17, 2009 by the submittal deadline of June 19, 2009. The comprehensive plan map amendment Page 9 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments request is to change the land use designation of a.3 acre (13,068 square feet) parcel from High Density Residential to Heavy Commercial. The current Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are as follows: ~~R r d H {S{1alfi ry~4 r ~ 452.~y: ~~Me~y'.t 1 t~ x 4 y , , # Site High Density Residential R-20 (Residential 20 Singfe family residence du/acre North High Density Residential R-20 (Residential 20 Apartments du/acre South High Density Residential R-20 (Residential 20 Townhomes du/acre East High Density Residential R-20 (Residential 20 Single family residence du/acre West Heavy Commercial C-3, Heavy Sound Credit Union Commercial r1 Q land Use MDawntown OHeavy Gommercial Heavy Industrial ■High Density Residential 3= a Light Commercial Light Industrial 3-, Moderate Density Residential Neightaorhood Commercial Office Residential C}Ren Space ■Rublic and Quasi_Fublic Residential Can-seevency Single-Family Residential Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Pian Amendments The subject site is conducive to multi-family development and the future proposal of townhomes is compatible with the surrounding land uses. Under the High Density Residential land use designation and implementing zone of R-20 (Residential 20 du/acre), the site could yield six units. Under the Heavy Commercial land use designation and implementing zone of C-3, Heavy Commercial, the site could yield eleven units (approximate density 36 du/acre). Policy LU-34 states that multiple-family developments should be located functionally convenient to the necessary supporting facilities including utilities, arterials, parks, transit service, etc. Pursuant to Chapter 14 of the Comprehensive Plan, Heavy Commercial is to provide automobile oriented commercial areas to meet both the local and regional need for such services. Compatible uses are automobile sales, restaurants, convenience stores, and other similar heavy commercial uses. Staff supports higher density on this site as commercial services are available along Auburn Way North, a middle school is within walking distance, and transit is available less than a'/4 mile from the subject site. However, staff does not support a change to Heavy Commercial in order to achieve higher density. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend denial of the Craig Commercial Comprehensive Plan Amendment Planninp Commission Recommendation Planning Commission recommended approval, Comprehensive Plan Amendment 7-1, to the City Council of the Craig Commercial PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council with a condition on the rezone application that the property can only be used for multi-family CPM #7 - Staff Analvsis The applicant submitted a comprehensive plan map amendment application on June 19, 2009 by the submittal deadline of June 19, 2009. The comprehensive plan map amendment request is to change the land use designation of a 1.58 acre (68,825 square feet) parcel from Moderate Density Residential to High Density Residential. The current Comprehensive Plan designation, zoning designation and land uses of the site and surrounding properties are as follows: Page 11 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments J X NA ~ N Aa Y C1p n"mq 4 W , ~ WOr i n Site Moderate Density , R-10'(Residential 10 Apartments Residential du/acre North High Density Residential R-20 (Residential 20 Apartments du/acre South Single Family Residential R-7 (Residential 7 Single family residence du/acre East O en S ace N/A Green River West Office Residential RO, Residential Office Hair Salon i 1 t----~ -s FJ1 Land Use Qawntown ■Heavy Gommercial Heavy Industrial MHigh Density Residential Light Cammercial light Industrial hladerate C}ensity Residential Neighbarhaad Commercial Gffice Residential Qpen Space ■ Public and Quasi_Public Residential Cons.ervency° Single-Family Residential Page 12 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments The subject site is currently developed with 30 single story apartment units that were constructed in 1968. The subject property was annexed into the City of Auburn in 1955. Under the existing land use designation of Moderate Density Residential and zoning of R-10 (Residential 10 du/acre) the number of units already constructed exceeds the density of the R- 10 zone. If the comprehensive plan amendment and subsequent rezone to R-20 (Residential 20 du/acre) were to be approved by the City Council, the subject property could potentially yield two additional units. The property is adjacent to the Green River and within the 200 foot shoreline management area and any activity is subject to the City's Shoreline Management Program (SMP). The shoreline designation for this property is Shoreline Residential. Existing pavement edge is within approximately 60 feet of the Green River and the property is within the 100 foot buffer. Any future development will be required to comply with the City's SMP and other development regulations. Staff supports the proposed land use change to High Density Residential as it brings the site more in line with how the property is developed. The units were constructed prior to the City's GMA Comprehensive Plan (1995) and the City's original zoning ordinance (1987). As mentioned above, potentially two additional units could be realized under the R-20 zone; however, any development would be required to comply with the SMP. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval of the Riverside Village Comprehensive Plan Amendment to the City Council Planninp Commission Recommendation Planning Commission concurred with staff and recommended approval to the City Council of the Riverside Village Comprehensive Plan Amendment PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T #1 Incorporate Auburn School District 2010 through 2015 Capital Facilities Plan adopted May 11, 2009 into the City Comprehensive Plan. Discussion The Auburn School District has provided the City with its annually updated Capital Facilities Plan (CFP) covering from 2010-2015. The CFP was adopted by the Auburn School District School Board on May 11, 2009 and has been subject to SEPA review and a Determination of Non Significance (DNS). Information contained in the School District CFP serves as the basis for the City's collection of school impact fees on behalf of the school district. A review of the Auburn School District's updated Capital Facilities Plan indicates the net fee obligation for single-family dwellings is $5,432.70 and for multi-family dwellings is $1,184.71. This fee has increased since last year with the greatest increase to multi -family dwellings. The actual impact fee assessed is set by ordinance by the Auburn City Council. Page 13 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninp Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T #2 Incorporate Kent School District Capital Facilities Plan 2009-2010 to 2014-2015 adopted June 24, 2009 into the City Comprehensive Plan. Discussion The Kent School District has provided the City with its annually updated capital facilities plan (2000-2010 to 2014-2015). The CFP was adopted by the Kent School District School Board on June 24, 2009 and has been subject to SEPA review and a Determination of Non Significance (DNS). Information contained in the School District CFP serves as the basis for the City's collection of school impact fees on behalf of the school district. A review of the Kent School DistricYs updated Capital Facilities Plan indicates the net fee obligation for single-family dwellings of $5,394.00 and for multi-family dwellings of $3,322.00. This impact fee has slightly increased since last year. The actual impact fee assessed is set by ordinance by the Auburn City Council. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninp Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T#3 Incorporate the Dieringer School District Capital Facilities Plan 2010-2015 adopted April 27, 2009 as part of the Auburn Comprehensive Plan. Discussion The Dieringer School District has provided the City with its annually updated capital facilities plan (20010 - 2015). The CFP was adopted by the Dieringer School District Board of Directors on April 27, 2009. The CFP has been subject to SEPA review and a DNS. tnformation contained in the School District CFP serves as the basis for the City's collection of school impact fees on behalf of the school district. Page 14 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments A review of the Dieringer School District's updated Capital Facilities Plan indicates the net fee obligation of single-family dwellings of $10,640.00 and a fee for multi-family dwellings of $908. Last year no fee was assessed for multi-family housing. The actual impact fee assessed is set by ordinance by the Auburn City Council. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninp Commission Recommendation Planning Commission recommended approval to the City Council with a request that the City Council consider a lower school impact fee. PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T #4 Incorporate Federal Way School District Capital Facilities Plan 2010-2015 adopted May 26, 2009 by the Federal Way School Board into the City Comprehensive Plan. Discussion The Federal Way School District has provided the City with its annually updated Capital Facilities Plan (2010). The CFP was adopted by the Federal Way School District School Board on May 26, 2009. A review of the Federal Way School District's updated Capital Facilities Plan indicates the net fee obligation for single-family dwellings is $3,832.00 and for multi-family dwellings is $2,114.00. The impact fees have slightly decreased for single -family dwellings and for multi-family the fee has increased. The actual impact fee assessed is set by ordinance by the Auburn City CounciL Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninq Commission Recommendation Planning Commission concurred with staff and recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T #5 Incorporate the City of Auburn's Six-Year Capital Facilities Plan for years 2009-2014 as an Element of the City of Auburn Comprehensive Plan. Page 15 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments Discussion The Capital Facilities Plan (CFP) indentifies all the capital projects, funding sources, and the stage of activity of the various projects. When a project is completed it is removed from the CFP. The projects are from Utilities, Transportation, Parks, City Facilities, and Environmental. Finance staff prepared a separate memo identifying which projects have been removed from the CFP due to project completion or priority change and which projects have been added to the CFP. The memo can be found in the working binder. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninq Commission Recommendation Planning Commission recommended approval to the City Council with minor changes PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council P/T #6 Transportation Planner, Tiffin Goodman, has prepared a separate memo for the Planning Commission regarding the proposed updates to the Comprehensive Transportation Plan that is attached and incorporated by reference to this staff report and can be found in the working binder. Staff Recommendation Planning Commission recommend approval, the updates to the Comprehensive Transportation Plan Planninp Commission Recommendation Planning Commission concurred with staff and recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission with some changes and recommends approval to the City Council P/T #7 Water Utility Engineer, Cynthia Lamothe, has prepared a separate memo for the Planning Commission regarding the six-year update to the Water Comprehensive Plan that is attached to this staff report and incorporated by reference and can be found in the working binder. Sewer Utility Engineer, Robert Elwell, has prepared a separate memo for the Planning Commission regarding the update to the Sewer Comprehensive Plan that is attached and incorporated by reference to this staff report and can be found in the working binder Page 16 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments Storm Utility Engineer, Tim Carlaw, has prepared a separate memo for the Planning Commission regarding the update to the Storm Drainage Comprehensive Plan that is attached and incorporated by reference to this staff report and can be found in the working binder. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommend approval Planninq Commission Recommendation Planning Commission concurred with staff and recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission with some changes and recommends approval to the City Council P/T #8 Auburn's Comprehensive Plan Policy/Text amendments includes: amendments to reflect the recent Auburn City Code changes to Title 17, Subdivisions, and Title 18, Zoning; the amended Shoreline Management Program; and minor changes to be consistent with state law. These changes are found in Comprehensive Plan Chapters 3, 4, 5, 8, 9, 12, 14 and 15. Highlighted below are those key amendments presenting the greatest change to the current 2008 Comprehensive Plan. Chapter 3- Land Use/Key Amendments: • Expands policies to reflect that the City has now adopted infill development standards • Changes the zoning districts naming structure to reflect changes to the zoning code • Expands policies that address density to reflect that the City has now adopted flexible development standards • Revisions to reflect that the City has adopted design guidelines for multi-family and mixed-use development Chapter 4 - Housing • Expand an existing policy to reflect that the City has now adopted infill development standards Chapter 5 - Capital Facilities • Update data for utility customers served by the City for water, sewer, storm, and solid waste. Chapter 8- Economic Development/Key Amendments: • Revises Section "Streamlined Sales Tax" to acknowledge recent change to State law and ways to address fiscal ramifications. Chapter 9 - Environment • Amend the Shoreline Master Program policies accordingly to reflect that the City's new Shoreline Master Program was approved by the Department of Ecology. Page 17 of 18 Agenda Subject: Ordinance No. 6280, CPA09-0001, CPA09-0002, Date: November 30, 2009 CPA09-0004, and CPA09-0005: 2009 Comprehensive Plan Amendments Chapter 12 - Urban Design • Revise policies to reflect that the City has adopted multi-family and mixed-use design standards as well as design standards for downtown development. Chapter 14 - Comprehensive Plan Map/Key Amendments: • Amend the residential land use designations to reflect the re-naming of the zoning designations and that the City now calculates density on a net acre basis. • Add a zoning designation implemented by either the moderate density or high density land use designation and establish criteria for rezone is applicable. Chapter 15 - Implementation/Key Amendments: • Updates reference to the Transportation Plan as a separate document • Deletes Annexation Expansion Element due to completion of West Hill and Lea Hill annexations. Adds text clarifying timing of amendments Plan to the Growth Management Act and the relationship of the Comprehensive Discussion The general objective of these proposed policy/text amendments is to support proposed plan map amendments, address recent changes to the Auburn City Code Titles 17 and 18, and the amended Shoreline Management Plan. The binder included details these changes in context of existing policy and provides history and the planning authority to adopt this set of changes. Also see the attached summary matrix that includes the discussion at the public hearing. Staff Recommendation Planning Commission recommended approval to the City Council Planninp Commission Recommendation Planning Commission concurred with staff and recommended approval to the City Council PCDC Recommendation PCDC concurred with the Planning Commission and recommends approval to the City Council Page 18 of 18 ORDINANCE NO. 6 2 8 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PLANNING; ADOPTING COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS PURSUANT TO THE PROVISIONS OF REVISED CODE OF WASHINGTON (RCW) CHAPTER 36.70A WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 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, the City of Auburn published in the Seattle Times and Auburn Reporter an advertisement that the City is accepted comprehensive plan amendment applications and established a deadline for submittal of June 19, 2009; and WHEREAS, the City of Auburn received four private initiated amendments, three map amendments and one text amendment; and WHEREAS, the text amendment was withdrawn; and WHEREAS, Comprehensive Plan map and text amendments were processed by the Planning, Building, and Community Department as proposed Year 2009 amendments to the City of Auburn Comprehensive Plan; and Ordinance No. 6280 November 30, 2009 Page 1 WHEREAS, maintaining a current Comprehensive Water Plan is required in order to meet regulations of the Washington State Department of Health under WAC 246-290-100 and requirements of the Growth Management Act under RCW 36.70A; and WHEREAS, maintaining a current Comprehensive Sewer Plan is required in order to meet regulations of the Washington State Department of Ecology under RCW 90.48.100 and WAC 173-240-050 and requirements of the Growth Management Act under RCW 36.70A; and WHEREAS, the updated Comprehensive Stormwater Drainage Plan is intended to replace the 2002 plan; and WHEREAS, the City of Auburn is updating its Comprehensive Transportation Plan in order to address the annexation of Lea Hill and West Hill; and WHEREAS, the environmental impacts of the Year 2009 Comprehensive Plan amendments were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, the proposed amendments were transmitted to the Washington State 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 Ordinance No. 6280 November 30, 2009 Page 2 September 9, 2009, October 6, 2009, and November 4, 2009 conducted public hearings on the proposed 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 Year 2009 Comprehensive Plan map and text amendments; and WHEREAS, on November 16, 2009 the Public Works Committee of the Auburn City Council reviewed the Planning Commission's recommendations; and WHEREAS, on November 23, 2009 the Planning and Community Development Committee of the Auburn City Council made a recommendation to the City Council; and WHEREAS, on December 7, 2009, the Auburn City Council considered the proposed Comprehensive Plan amendments as recommended by the City of Auburn Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The 2009 Comprehensive Plan city-initiated Map Amendments are adopted and approved as set forth in Exhibit "A" attached hereto and incorporated herein by reference. The City Clerk is directed that they be filed along with this Ordinance and be available for public inspection. Ordinance No. 6280 November 30, 2009 Page 3 Section 2. The 2009 Comprehensive Plan Text Amendments including the four school district Capital Facilities Plans, City of Auburn Capital Facilities Plan, City of Auburn Comprehensive Transportation Plan, City of Auburn Comprehensive Storm Drainage Plan, and amendments to various chapters in the Auburn Comprehensive Plan are adopted and approved as set forth in Exhibit "B" attached hereto and incorporated herein by reference. The City Clerk shall file them along with this Ordinance, and keep them available for public inspection Section 3. The City of Auburn 2009 Comprehensive Water Plan is adopted and approved as set forth in Exhibit "C" attached hereto and incorporated herein by reference pending approval from the Washington State Department of Health. City staff is hereby authorized to make minor changes to the approved Comprehensive Water Plan based on comments received from the Washington State Department of Health. Substantive changes shall be approved by the Auburn City Council. Section 4. The 2009 Comprehensive Sewer Plan is adopted and approved as set forth in Exhibit "D" attached hereto and incorporated herein by reference, pending comments received from the Washington State Department of Ecology and King County. City staff is hereby authorized to make minor changes to the approved Comprehensive Sewer Plan based on comments received from the Washington State Department of Ecology and/or King County. Substantive changes shall be approved by the Auburn City Council. Section 5. Application CPA09-0002, Lyden and Lyden Comprehensive Plan Map Amendment, requesting a land use change from Light Industrial to Light Ordinance No. 6280 November 30, 2009 Page 4 Commercial for property identified by parcei number 1221049020, is denied. The Council adopts the findings and conclusions outlined in the staff report dated November 30, 2009. Section 6. Application CPA09-0004, Craig Commercial Comprehensive Plan Map Amendment, requesting a land use change from High Density Residential to Heavy Commercial for property identified by parcel number 5125400241, is approved. Council adopts the Planning Commission's recommendation dated October 6, 2009 and the findings and conclusions outlined in the staff report dated November 30, 2009. Section 7. Application CPA09-0005, Riverside Village Comprehensive Plan Map Amendment, requesting a land use change from Moderate Density Residential to High Density Residential for property identified by parcel number 1721059163, is approved. Council adopts the Planning Commission's recommendation dated October 6, 2009 and the findings and conclusions outlined in the staff report dated November 30, 2009. Section 8. The 2009 Comprehensive Plan amendments modify the Comprehensive Plan adopted on August 18, 1986 by Resolution No. 1703 and adopted by Ordinance No. 4788 on September 5, 1995. Section 9. The adopted Comprehensive Plan as amended are 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. 43.21 C.060. Ordinance No. 6280 November 30, 2009 Page 5 Section 10. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 11. 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 Exhibit "B" and preparing and publishing the amended Comprehensive Plan. Section 12. Section 3 of this Ordinance shall take effect and be in force upon receipt of approval from the Washington State Department of Health. Section 4 of this Ordinance shall take effect and be in force upon receipt of approval from the Washington State Department of Ecology and King County. All other provisions of 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 Ordinance No. 6280 November 30, 2009 Page 6 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: niel City Attorney Published: Ordinance No. 6280 November 30, 2009 Page 7