HomeMy WebLinkAboutITEM IV-ACITY 1.1Ag] I1 N{;TON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6334 - CPA10-0001 & CPA10-0002 -
Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policy/Text Amendments
Department: Planning and
Attachments: Summary Table,
Budget Impact: N/A
Development
Ordinance No. 6334, & Separate
working binder
Administrative Recommendation: The Planning and Community Development Committee to
recommend approval of Ordinance No. 6334 to the City Council.
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. Since then the Auburn
Comprehensive Plan has been amended annually.
Comprehensive plan amendments can be initiated by the City of Auburn (city-initiated) and by private
citizens (privately-initiated). This year the city is initiating a map amendment (consisting of changes for
the same purpose to several maps) and seven policy/text amendments. In addition, this year the city
received no privately-initiated plan map amendments and one privately-initiated policy/text amendment.
This staff report and recommendation addresses Comprehensive Plan Map (CPM) Amendment CPM # 1.
This amendment changes the reference maps within the Comprehensive Plan to reflect a change in the
city limit boundary due to a 2009 annexation and thus are represented by a single map change number.
The changes do not alter the land use designation of any previous property in the city.
Also, this staff report and recommendation addresses the city-initiated Comprehensive Plan Policy/Text
(P/T) Amendments P/T # 1 through # 7 and the privately-initiated Policy/Text (P/T) Amendment P/T # 8.
The Policy/Text Amendments are described in further detail below.
Comprehensive plan amendments are initially reviewed during a public hearing process before the City of
Auburn Planning Commission, who provides a recommendation to the City Council for final action.
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission
COUNCIL COMMITTEES:
❑ Building
❑ M&O
❑ Airport
❑ Finance
❑ Cemetery
❑ Mayor
❑ Hearing Examiner
❑ Municipal Services
❑ Finance
❑ Parks
❑ Human Services
® Planning & Dev.
❑ Fire
® Planning
❑ Park Board
® Public Works
® Legal
❑ Police
® Planning Comm.
❑ Other
® Public Works
❑ Human Resources
Action:
Committee Approval
Council Approval:
Referred to
Tabled
Call for Public Hearing
Until
Until
Councilmember: Norman Staff: Snyder
Meeting Date: November 22, 2010 Item Number:
❑Yes ❑No
❑Yes ❑No
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
At its September 8, 2010 public hearing, the Planning Commission reviewed the following
(Group #1):
• CPM#1 - City initiated Map Amendment due to a 2009 annexation
• P/T #1 - Incorporate the Auburn School District Capital Facilities Plan
• P/T #2 - Incorporate the Kent School District Capital Facilities Plan
• P/T #3 - Incorporate the Dieringer School District Capital Facilities Plan
• P/T #4 - Incorporate the Federal Way School District Capital Facilities Plan
• P/T #5 - Various housekeeping changes to Chapter 9, The Environment, and
Appendix B
At its October 5, 2010 public hearing, the Planning Commission reviewed the following (Group
#2):
• P/T #6 - Incorporate the City of Auburn's Capital Facilities Plan
• P/T - Add policy to Chapter 9, The Environment, to promote transition to electric
vehicles
• P/T #8 - Add a policy within Chapter 2, General Approach, and modify 3 existing
policies within Chapter 3, Land Use, to acknowledge appropriate-scale commercial
uses as allowed in the Residential Conservancy designation (privately-initiated
amendment)
The Planning Commission has forwarded it recommendation to the City Council on all plan map
and policy/text Amendments. City Council consideration and action on the amendments is
required to occur prior to the end of this year.
The 2010 Comprehensive Plan Amendments were reviewed by the Planning and Community
Development Committee of the City Council on October 25, 2010, and again at their November
9, 2010
meeting. The Public Works Committee of the City Council reviewed the amendments at their
November 15, 2010 meeting with no changes. Ordinance No. 6334 is proposed for action at the
December 6, 2010 city council meeting.
A. Findings
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 11, 2010 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 no privately initiated
comprehensive plan map amendments and one privately initiated policy/text amendment by
the submittal deadline.
3. The City of Auburn received annual updates to the four school district capital facilities plans
whose districts occur within the City of Auburn. These capital facilities plans are referenced
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
in Chapter 5 of the Auburn Comprehensive Plan and are processed as city-initiated
Policy/Text (P/T) amendments.
4. A Determination of Non-Significance (DNS) was issued for the first group of City-initiated
Comprehensive Plan Amendments (CPA10-0002) on August 17, 2010 under City file #
SEP10-0019. The only comment received in response was from Pierce Transit saying: "no
comment". The comment period ended September 1, 2010 and the appeal period ended
September 16, 2010.
5. A Combined Determination of Non-Significance (DNS) and Adoption of Existing
Environmental Document was issued for the second group of City-initiated Comprehensive
Plan Amendments (CPA10-0002) on September 18, 2010 under City file # SEP10-0028.
6. The Dieringer School District issued a Determination of Non-Significance (DNS) for the
2011-2016 Dieringer School District Capital Facilities Plan August 17, 2010; Auburn School
District issued a Determination of Non-Significance (DNS) for the 2010 - 2016 Auburn
School District Capital Facilities Plan April 23, 2010; the Kent School District issued a
Determination of Non-Significance (DNS) for the 2010-2011 through 2015-2016 Kent School
District Capital Facilities Plan June 8, 2010; the Federal Way School District issued a
Determination of Non-Significance (DNS) for the 2011 Federal Way School District Capital
Facilities Plan April 2010.
A Determination of Non-Significance (DNS) was issued on September 20, 2010 for CPA10-
0001, Mosby Brothers Farms Inc. Comprehensive Plan Amendment under file No. SEP10-
0013. No comments were received.
8. On September 8, 2009 the City Council adopted Ordinance No. 6261 annexing land for
municipal purposes to be used in association with the Mary Olson Farm.
9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
this agenda bill were sent to the Washington State Office of Commerce, formerly the
Department of Community, Trade and Economic Development (CTED) and other state
agencies as required for the 60-day state review. No comments were received from
Commerce or other state agencies.
10. Due to the minor nature of the city-initiated map amendments and city-initiated policy/text
changes and receipt of only one privately-initiated policy/text change, the optional process of
a public open house was not conducted.
11. The public hearing notice was published on August 30, 2010 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for September 8, 2009.
12. The public hearing notice was published on September 22, 2010 in the Seattle Times at
least 10-days prior to the Planning Commission public hearing scheduled for October 5,
2010.
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
13. Auburn City Code Chapter 14.22 outlines the process for submittal of privately-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;
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.)
14. On September 8, 2010 the Auburn Planning Commission conducted a public hearing on the
following (Group 1):
• CPM#1 - City initiated Map Amendment
• P/T #1 - Incorporate the Auburn School District Capital Facilities Plan
• P/T #2 - Incorporate the Kent School District Capital Facilities Plan
• P/T #3 - Incorporate the Dieringer School District Capital Facilities Plan
• P/T #4 - Incorporate the Federal Way School District Capital Facilities Plan
• P/T #5 - Various housekeeping changes to Chapter 9, The Environment, and
Appendix B
A recommendation on each has been forwarded to the City Council.
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
15. On October 5, 2010 the Auburn Planning Commission conducted a public hearing on the
following (Group 2):
• P/T #6 - Incorporate the City of Auburn's Capital Facilities Plan
• P/T - Add policy to Chapter 9, The Environment, to promote transition to
electric vehicles
• P/T #8 - Add a policy within Chapter 2, General Approach, and modify 3 policies
within Chapter 3, Land Use, to acknowledge appropriate-scale commercial uses
as allowed in the Residential Conservancy designation
A recommendation on each has been forwarded to the City Council.
16. On October 25, 2010, and again at their November 9, 2010, the Planning and Community
Development Committee of the City Council reviewed the 2010 Comprehensive Plan
Amendments and the recommendations of the Planning Commission. The Planning and
Community Development Committee of the City Council requested changes to the policies
of P/T#7 and P/T#8. See the accompanying Summary Table for details on the requested
changes.
17. On November 15, 2010 the Public Works Committee of the City Council reviewed the 2010
Comprehensive Plan Amendments and the recommendations of the Planning Commission.
The Committee suggested no changes.
18. The following report identifies all the Comprehensive Plan Map (CPM) and Policy/Text (P/T)
amendments that were heard by the Planning Commission at their September 8, 2010 and
October 5, 2010 public hearings along with the original staff recommendation to the
Planning Commission and the subsequent Planning Commission recommendation.
CPM #1
Revise the set of maps of the Comprehensive Plan to reflect updated city limit boundaries.
Maps numbered 1.1 through 14.2 would be revised.
Discussion
The Auburn City Council adopted Ordinance No. 6261 September 8, 2009 annexing for
municipal purposes a 6.13-acre, city-owned parcel lying on the east side of the Green River and
west of the Mary Olson Farm Property. The parcel # 3222059113 is located in the northwest
quarter of the southwest quarter of Section 32, Township 22 North, Range 5 East, W.M. The
ordinance, describes that the city acquired and annexed the property for the purpose of
developing off-street parking for visitors arriving in vehicles as well as by bus and school buses
associated with educational uses for the Mary Olson Farm. After issuance of shoreline permits
and other approvals the construction of the parking lot has started and has been completed.
Various maps in the Comprehensive Plan require revision to show the change in city boundaries
due to inclusion of the annexed area.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
P/T #1
Incorporate Auburn School District Capital Facilities Plan 2010 through 2016, adopted May 10,
2010 into the City of Auburn Comprehensive Plan.
Discussion
The Auburn School District has provided the City with its annually updated Capital Facilities
Plan (CFP) covering from 2010-2016. The CFP was adopted by the Auburn School District
School Board on May 10, 2010 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. The amendment is
incorporation of the Auburn School District Capital Facilities Plan into the City's Comprehensive
Plan.
A review of the Auburn School District's updated Capital Facilities Plan indicates the District
is requesting a net fee obligation for single-family dwellings of $5,266.33, a decrease of
$166.37 and for multi-family dwellings a fee of $1,518.22, an increase of $333.51. The
actual impact fee that is assessed is set by subsequent and separate ordinance by the
Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PIT #2
Incorporate Kent School District Capital Facilities Plan 2010-2011 to 2015-2016 adopted June
23, 2010 into the City of Auburn Comprehensive Plan.
Discussion
The Kent School District has provided its annually updated 2010-2011 to 2015-2016 Capital
Facilities Plan. The CFP was adopted by the Kent School District School Board on June 23,
2010 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. The amendment is incorporation of the Kent
School District Capital Facilities Plan into the City's Comprehensive Plan.
A review of the Kent School District's updated Capital Facilities Plan indicates the net fee
obligation for single-family dwellings of $5,486.00 an increase of $92.00, and for multi-family
dwellings a fee of $3, 3782.00, an increase of $56.00. The actual impact fee that is
assessed is set by separate and subsequent ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
P/T#3
Incorporate the Dieringer School District Capital Facilities Plan 2011-2016 adopted May 20,
2010 as part of the Auburn Comprehensive Plan.
Discussion
The Dieringer School District has provided the City with its annually updated Capital Facilities
Plan 2011 - 2016. The CFP was adopted by the Dieringer School District Board of Directors on
May 20, 2010. The CFP has been subject to SEPA review and a 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. The amendment is incorporation of the Dieringer School District
Capital Facilities Plan into the City's Comprehensive Plan.
A review of the Dieringer School District's updated Capital Facilities Plan indicates the net
fee obligation of single-family dwellings of $4,296.00 and a fee of $1,254.00 for multiple
family dwellings. However, the district is not requesting a change from last year's fee. The
actual impact fee assessed is set by separate and subsequent ordinance by the Auburn City
Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PIT #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 (2011). The CFP was adopted by the Federal Way School District School Board
on May 25, 2010. The CFP has been subject to SEPA review and a 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. The amendment is incorporation of the Federal Way
School District Capital Facilities Plan into the City's Comprehensive Plan.
A review of the Federal Way School District's updated Capital Facilities Plan indicates the
net fee obligation for single-family dwellings is $4,014.00, an increase of $182.00 and for
multi-family dwellings is $2,172.00, an increase of $58.00. The actual impact fee assessed
is set by separate and subsequent ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PIT #5
Housekeeping changes to Chapter 9 and Appendix B
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
Discussion
City-initiated Comprehensive Plan Policy/Text amendments that include: minor updates to
titles of cited documents, other changes to increase the consistency with previous
comprehensive plan, zoning code, and regulation changes, and to reflect the City's
preparation of the Greenhouse Gas Inventory.
Highlighted below are those key amendments to the current 2010 Comprehensive Plan.
Chapter 9 - The Environment /Key Amendments:
• Minor revisions to reflect updated title of referenced documents
• Minor revision to increase consistency with previous comprehensive plan and zoning
code changes
Appendix B
• Add reference to recognize the City's preparation of a Greenhouse Gas Inventory
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
CPM #6
Incorporate the City of Auburn's 6-year Capital Facilities Plan 2011-2016, into the City
Comprehensive Plan.
Discussion
A Capital Facilities Plan is one of the comprehensive plan elements required by the
Washington State Growth Management Act (GMA) (RCW 36.70A). The GMA requires that a
capital facilities plan include an inventory of existing capital facilities (showing locations and
capacities), a forecast of future needs for such capital facilities, proposed locations and
capacities of new or expanded capital facilities, and a minimum of a six-year plan to finance
capital facilities with identified sources of funding. The proposed City of Auburn 6-year Capital
Facilities Plan 2011-2016 satisfies the GMA requirements for a capital facilities element as part
of the Comprehensive Plan.
Each comprehensive plan prepared under the GMA must include a capital facilities plan
element. RCW 36.70A.070(3) of the GMA states the following:
A capital facilities plan element consisting of:
(a) An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities;
(b) a forecast of the future needs of such capital facilities;
(c) the proposed locations and capacities of expanded or new capital facilities;
(d) at least a six-year plan that will finance such capital facilities within projected funding
capacities and clearly identifies sources of public money for such purposes; and
(e) a requirement to reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan element are coordinated and
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
consistent. Park and recreation facilities shall be included in the capital facilities plan
element.
A capital facility is a structure, street or utility system improvement, or other long-lasting major
asset, including land. Capital facilities are provided for public purposes. Capital facilities include,
but are not limited to, the following: streets, roads, highways, sidewalks, street and road lighting
systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and
recreation facilities, and police and fire protection facilities. These capital facilities include
necessary ancillary and support facilities. The proposed City of Auburn 6-year Capital Facilities
Plan 2011-2016 is incorporated by reference in the Comprehensive Plan, Chapter 5, Capital
Facilities.
The City's Finance Department prepared a memo identifying key changes to the capital facilities
Plan since the last update. The memo is found in front of the capital facilities plan in the
working binder.
Staff Recommendation
Planning Commission to recommend approval to the City Council
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PIT
Add new policy EN-41.A to Objective 18.6 (Within Chapter 9, The Environment) to provide
policy support for future change in development regulations in response to House Bill 1481
adopted in April 2009, to encourage the transition to electric vehicle use.
Discussion
The Washington State Legislature approved House Bill (HB) 1481 in April 2009 with an effective
date of July 26, 2009. This HB 1481 encourages the transition to electrical vehicle use through
the establishment of requirements for electric vehicle infrastructure. Electrical vehicle
infrastructure is defined as the structures, machinery, and equipment necessary and integral to
support an electric vehicle, including battery charging stations, rapid charging stations, and
battery exchange stations. HB 1481 specifies that counties, cities and towns throughout
Washington State are required to amend their development regulations to allow electric vehicle
infrastructure as a permitted use in all zones except those zoned for residential, resource or
critical areas. In these areas, the statute does not prohibit local governments from allowing
electrical vehicle infrastructure; however, consideration of special conditions or limitations is
encouraged. The statute also established a timeframe for local governments to comply with the
statute. For the City of Auburn, this means that it must update its development regulations to
allow battery charging stations by July 1, 2011.
A new policy EN-41.A to Objective 18.6 within Chapter 9, The Environment, is proposed to
provide the policy basis for future development regulations to encourage the transition to electric
vehicle use.
Staff Recommendation
Planning Commission to recommend approval to the City Council
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
Planning Commission Recommendation
Planning Commission recommended approval to the City Council
PIT #8 - Staff Analysis
The applicant's agent submitted a comprehensive plan amendment application on June 6,
2010 by the submittal deadline of June 11, 2010. The comprehensive plan policy/text
amendment application seeks to add a policy to Chapter 2, General Planning Approach, and
to modify three existing policies within Chapter 3, Land Use, of the City's Comprehensive
Plan.
2. The application was submitted by Lee A. Michaelis, Senior Associate/Planning Director of
R.W. Thorpe & Associates, Inc., agent, on behalf of Burr Mosby of Mosby Brothers Farms
Inc., applicant.
3. In addition to the Comprehensive Plan Amendment, the applicant submitted an
environmental checklist application and an application for a zoning code text amendment.
The proposal described in the applications consists of the three following 3 phases:
Phase 1
Comprehensive Plan policy/text amendments which add a Policy, GP-31 to Chapter 2,
General Planning Approach, and to modify three existing policies within Chapter 3, Land
Use, of the City's Comprehensive Plan (Policy LU-14, LU-15 and LU-45) to acknowledge
appropriateness of agricultural uses and limited retail uses that support agricultural uses.
The proposal also requests text changes to Title 18 (Zoning) of the Auburn City Code
(ACC). Specifically the proposal requests changes to ACC 18.07 (Residential Zones)
that would allow the following uses without a single family residence in the RC,
Residential Conservancy Zoning District.
Phase I consists of two distinct actions;
o policy/text amendments to the comprehensive plan; and
o and text changes to the use and development regulations of the RC, Residential
Conservancy zoning district.
The purpose of the comprehensive Plan policy/text amendment is to provide a policy
basis for the future zoning regulation changes to ensure that the Comprehensive plan
and Zoning Ordinance are consistent as required by city code:
"ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced
within Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with
the comprehensive plan."
Phase 2
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
Submit building permits and necessary clearing & grading permits for the construction of
the farm stand, greenhouses, vineyard gazebo, and plantings for the open crop fields.
Also included with this phase would be the installation of necessary utilities and parking
needed to support the proposed uses.
Phase 3
The third phase would include the necessary permits for the construction of the juice bar
and winery and the installation of utilities and parking needed to support the proposed
uses.
4. The current proposal is the Comprehensive Plan policy/text amendments. A future public
hearing on the zoning code text amendments will subsequently be held by the Planning
Commission as provided in accordance with the procedures of ACC 18.68.030.
5. Phase 1 of the proposal, since it affects the Comprehensive Plan policies would apply to the
relevant designation throughout City. The subsequent Phases 2 and 3, will be addressed by
future applications submitted to the city and will apply to the vacant site that the applicant
currently leases that is located west of the interchange of Auburn-Black Diamond Road SE
and State Route 18, on the south side of the Auburn-Black Diamond Road SE. The
property is identified as tax parcel number 2121059160. Currently, this approximately 20.7-
acre property occurs on both sides of State Route (SR) 18 and there is a pending short plat
application to divide the property into parcels on each side of the highway. The site is
currently being farmed. This parcel has a comprehensive Plan designation of "Residential
Conservancy" and a zoning category of RC, Residential Conservancy.
6. Chapter 14, Comprehensive Plan Map, starting at page 14-1 provides the following purpose
and description of the `Residential Conservancy' Comprehensive Plan designation:
"Purpose: To protect and preserve natural areas with significant environmental
constraints or values from urban levels of development and to protect the City's water
sources.
Description: This category should consist primarily of low density residential uses (with
densities not exceeding one unit per four acres) in areas with environmental constraints
and/or areas requiring special protection such as the City's watershed, which is a
significant water resource. Examples include the Coal Creek Springs watershed area
and low-lying areas along the Green River that are isolated from urban services. From a
practical standpoint, this watershed area cannot be readily served by public facilities due
to its physical separation from public facilities by an existing gravel mine operation that is
expected to continue operation years into the future. The designation will serve to both
protect environmental features and hold areas for higher density development until such
time public facilities become available.
The area designated "residential conservancy" allows for a lifestyle similar to that of rural
areas since the lower density established protects the critical areas such as the City's
Coal Creek Springs watershed. A rural lifestyle generally includes allowance of farm
animals, streets not urban in character (e.g. no sidewalks, street lights), and limited
agricultural type uses.
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Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
Compatible Uses: Low density residential uses consistent with protecting the City's
water resources and environmental constraints are appropriate. Low intensity cottage
industry appropriate for rural areas may be allowed, subject to review. Various public
and quasi-public uses which are consistent with a rural character may be permitted as
conditional uses. Resource extractive uses can only be allowed if the basic
environmental character of the area is preserved.
Those areas with critical areas shall be appropriate for low density residential, with the
intent to protect environmentally critical areas from impacts associated with more
intensive development. These environmentally critical areas area valued as a
community resource, both for conservation purposes and public enjoyment; provided
that the environmentally critical areas area protected, low density single family
residential use may be appropriate.
Criteria for Designation: This designation should be applied to areas with either
significant environmental values worthy of protection or to those areas which may pose
environmental hazards if developed, such as areas tributary to public water sources. It
may also be appropriate, to a limited extent, as a means of delimiting the edge of the
City or to areas that are impractical to develop to urban levels until a later time period
due to pre-existing development patterns and the absence of public facilities.
Considerations Against Applying this Designation: Due to the costs of providing
City services to these areas, this designation should be applied sparingly. It should be
applied as a means of conserving significant environmental resources, to achieve
watershed protection and/or to areas where development served by public facilities has
been made impractical due to pre-existing use patterns."
The City code provides certain criteria for decisions for comprehensive plan
amendments.
"ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significant
study and public participation. The principles, goals, objectives and policies
contained therein shall be granted substantial weight when considering a
proposed amendment. Therefore, the burden of proof for justifying a proposed
amendment rests with the applicant, who must demonstrate that the request
complies with and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36.70A RCW, the countywide
Page 12 of 14
AUBURN *MORE THAN YOU fMAGINED
Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region."
8. The first decision criteria is that the proposal will further and be consistent with the goals and
objectives of the plan and the plan will remain internally consistent. The four policy changes
proposed by the applicant and as modified by staff will further the purpose of the
Comprehensive Plan and objectives of the Comprehensive Plan. Chapter 2, General
Approach to Planning, states that the city seeks to be proactive and predictive in its
approach to land use regulation. The request is consistent with this predictive approach
since it recognizes and responds to the growing national and local interest of consumers to
buy local produce and to know where the their food came from and how it was grown.
Demonstration of this emerging trend is evidenced by increasing number and number of
local marketing their produce at farmers markets and the increase in the number of farmers
markets. According to the King County 2009 Farms Report, King County is home to seven
of the top ten farmers markets in Washington State. With the proposed four policy changes
proposed by the applicant and as modified by staff the comprehensive Plan will remain
internally consistent.
9. The second decision criterion is that the comprehensive plan amendment must not diminish
or increase the ability to provide adequate services. The proposal to change the
Comprehensive Plan policies to provide policy support to allow agricultural uses as a
principal use; and not as a secondary use to single family residences in the RC, Residential
Conservancy zone is not anticipated to adversely affect the provision of services. It is
anticipated that both the future zoning code changes and the review of the site-specific
development proposals will adequately address the provision of services. The proposal is
also requested in order to provide a venue for the sale of agricultural products in closer
proximity to a concentration of residents.
10. The third decision criterion is that the assumptions on which the comprehensive plan is
based are found to be invalid. While not completely invalid, the assumptions do not reflect
changed circumstances that have occurred since the plan was comprehensively updated in
1995 to comply with the Growth Management Act. Public interest and perception in support
of local agriculture have evolved since the time of the last overall comprehensive plan
update and there is a need to recognize the appropriateness of agricultural uses and
associated limited commercial activities as independent uses within limited areas of the City
(areas with the comprehensive plan and zoning designation of Residential Conservancy).
11. The fourth decision criterion is that there has been a change or lack of change in conditions
or circumstances has occurred since the adoption of the latest amendment to the
comprehensive plan that dictates the need for a proposed amendment. Again, the
comprehensive plan has been not yet been changed to acknowledge the increasing demand
by consumers to buy local produce and to know where their food came from and how it was
grown. The change in circumstances is this emerging trend that warrants revision of the
comprehensive plan policies.
12. The fifth decision criterion is that the change must be determined to be consistent with the
Growth Management Act (RCW 36.70A), the Countywide Planning Policies of the relevant
county and "Vision 2040: Growth and Transportation Strategy for the Puget Sound Region".
The four policy changes proposed by the applicant and as modified by staff will continue to
Page 13 of 14
AUBURN *MORE THAN YOU fMAGINED
Agenda Subject: Ordinance No. 6334 - CPA10-0001 CPA10-0002 - Date: November 16, 2010
2010 Comprehensive Plan Amendments consisting of Plan Map
Amendments and Policv/Text Amendments
be consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning
Policies of King County and "Vision 2040: Growth and Transportation Strategy for the Puget
Sound Region". The proposal is consistent because it does not change the general nature
of allowed land uses. The new commercial uses are proposed to be managed through
application of land use controls such as administrative and/or conditional use permits.
13. Staff has modified the text amendments to keep the same intent and spirit as proposed by
the applicant but to ensure appropriate policy statement format. The changes have
generally been made to ensure consistent terminology, ease of understanding and clarity.
Staff Recommendation
Planning Commission to recommend approval to the City Council of the Mosby Brothers Farms
Inc. Comprehensive Plan Policy/Text Amendment, as modified by staff.
Planning Commission Recommendation
Planning Commission recommended approval to the City Council, as modified by staff.
Page 14 of 14
AUBURN *MORE THAN YOU fMAGINED
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UKK
ORDINANCE NO. 6 3 3 4
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
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 11, 2010; and
WHEREAS, the City of Auburn received one privately-initiated amendment,
consisting of text amendments (CPA10-0001); and
WHEREAS, the City of Auburn initiated one map amendment and seven text
amendments (C PA1 0-0002); and
WHEREAS, Comprehensive Plan map and text amendments were processed
by the Planning and Development Department as proposed Year 2010 amendments
to the City of Auburn Comprehensive Plan; and
Ordinance No. 6334
November 10, 2010
Page 1
WHEREAS, maintaining a current Capital Facilities Plan is required in order to
meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the Year 2010 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 Department of Commerce, Growth Management Services Division 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
September 8, 2010 and October 5, 2010 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 2010 Comprehensive
Plan map and text amendments; and
WHEREAS, on November 15, 2010 the Public Works Committee of the
Auburn City Council reviewed the Planning Commission's recommendations; and
Ordinance No. 6334
November 10, 2010
Page 2
WHEREAS, on November 22, 2010 the Planning and Community
Development Committee of the Auburn City Council made a recommendation to the
City Council; and
WHEREAS, on December 6, 2010, 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 2010 Comprehensive Plan city-initiated Map Amendment
(CPA10-002) is adopted and approved as set forth in Exhibit "A" attached hereto and
incorporated herein by reference. The City Clerk shall file it along with this Ordinance
and keep them available for public inspection.
Section 2. The 2010 Comprehensive Plan Text Amendments (CPA10-002),
including the four school district Capital Facilities Plans, City of Auburn Capital
Facilities 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. Application CPA10-0001, Mosby Brothers Farms Inc.
Comprehensive Plan Text Amendments, requesting the addition of a policy statement
to Chapter 2, General Approach, and modification of three policies to Chapter 3,
Land Use, is approved. Council adopts the Planning Commission's recommendation
Ordinance No. 6334
November 10, 2010
Page 3
dated October 5, 2010 and the findings and conclusions outlined in the staff report
dated September 24, 2010.
Section 4. The 2010 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 5. The adopted Comprehensive Plan as amended is 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.
Section 6. 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 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.
INTRODUCED:
PASSED:
APPROVED:
Ordinance No. 6334
November 10, 2010
Page 4
Peter B. Lewis
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6334
November 10, 2010
Page 5
Exhibit A
(Includes a series of color maps updated to include new city
limits due to annexation per Ordinance No. 6261- please see
"Comp. Plan Map Amendments" tab in the working binder)
Ordinance No. 6334
November 10, 2010
Page 6
Exhibit B
(Includes Chapter 2 - General Approach, Chapter 3 - Land
Use, Chapter 9 - The Environment, and Appendix B of the
Comprehensive Plan - see "Comp. Plan Policy/Text
Amendments" tab in the working binder )
Ordinance No. 6334
November 10, 2010
Page 7