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HomeMy WebLinkAbout6436 + 1 ,.�,�-.r.r� h � . .- . � _ �,--�����Y�ti �3� � I ��� �� � ��� 0� ��� �� I� � � �� �� �� � 20130111002378 �R2tU1'tl/�1f�C��2SS: FIRST iiMERICAN"ORD- - -�78.00 � PRGE-001-�OF �007� " Aubum City Clerk eiiiiizeia is:se City ofiAubum KING CUUNTY, WR 25 West Main St. Aubum, WA 98001 REGORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Rezone (Ordinance 6436) Reference Number(s) of Documents assigned orreleased: NONE �Additional reference#'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantse/Assignee/Beneficiary: (Last name first) Terrace View Properties Legal Description (abbreviated: i.e. lot, block, plat orsection, township, range) 5680 A Street SE � 3 � ' �-� -�� i�Additional.legel is on page_of documant.. Assessor's Property Tax Parcel/Account'Number 3121059056 and 3121059010 ❑�Assessor Tax#nM yet assigned ORDINANCE NO. 6 4 3 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF TERRACE VIEW PR�PERTIES LLC FOR REZONING OF TWO PARCELS TOTALING APPROXIMATELY 2.27 ACRES FROM C1, LIGHT COMMERCIAL TO C3, HEAVY COMMERCIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS. WHEREAS, the City of Aubum 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 Aubum on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Jon Cheetham of Terrace View Properties, LLC, the Applicant, submitted a rezone application (File #REZ12-0006) for the Terrace View Properties, LLC rezone on September 17, 2012 for two parcels identified by parcel numbers 3121059056 and 3121059010; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Aubum Hearing Examiner on Ordinance No. 6436 October 24, 2012 Page 1 October 17, 2012 conducted a public hearing.on the proposed Terrace View Properties, LLC Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Terrace View Properties, LLC Rezone; and WHEREAS, on, November 19, 2012, the Aubum City Council considered the proposed Terrace View Properties, LLC Rezone; as recommended by the City of Aubum Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council") adopts and approves the Terrace View Properties LLC Rezone; from C1, Light Commercial to C3, Heavy Commercial and directs that the rezone application and all related documents be filed along with this Ordinance with the Aubum City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW 43.21 C.060 Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below• Ordinance No. 6436 October 24, 2b12 Page 2 FINDINGS OF FACT Procedural: 1 Applicant. The Applicant is John Cheetham, Terrace View Properties, LLC 2. Hearin . The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at the City Council chambers at Auburn City Hall on October 17, 2012. Substantive: 3. Site/Proaosal Descriation. The Applicant has requested a rezone of two adjoining pa�cels at 5680 A Street SE from C1, Light Commercial, to C3, Heavy Commercial. One of the parcels is 1 17 acres and the other is 1 1 acres. The rezone is necessary to make the zoning map designation consistent with its "Heavy Commercial" comprehensive plan map designation. 4 Characteristics of the Area. The subject properties are adjoining by property zoned C1, Light Commercial to the north arid south. Properties to the east and west are zoned R7 and R5 Residential, respectively Immediately west of the property is the terminus of A Street SE, which becomes the East Valley Highway south of the property Just west of A Street SE is the BNSF railroad corridor Nonresidential buildings are located to the north and south including a contractor yard for Rodarte Construction to the south. Property to the east is steeply sloped and undeveloped. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concem at this stage of project review. Property on all sides is zoned for less intense use, but actual uses do not appear to create any compatibility issues. "A" Street SE and the railroad tracks provide separation from allowed residential uses to the west and the property to the east is currently steeply sloped and undeveloped. Mr Dixon test�ed that City transportation staff have assessed the proposal and did not express any concerns over "A" Street SE traffic capacity for the upzone. Mr Dixon also testified that the City Council is assessing strategies for economic development in the vicinity, which could potentially include additional zoning amendments that will provide for more consistency in the zoning of properties along "A" Street SE/East Valley Highway CONCLUSIONS OF LAW Procedural: 1 Authority of Hearinq Examiner ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are Ordinance No. 6436 October 24, 2012 Page 3 consistent with the Comprehensive Plan. The planning director has determined that the rezone request is consistent with the Comprehensive Plan. The Comprehensive Plan Land Use Map designation for the subject property is Heavy Commercial, which is consistent with the requested C3, Heavy Commercial zoning map designation. Substantive: 2. Zonina Desiqnation. The property is currently zoned C1, Light Commercial. 3. Case Law Review Criteria and Application. The Aubum City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Land Use Map designation for the property is currently "Heavy Commercial" and the current C1, Light Commercial zoning is inconsistent with that designation. As discussed at page 9 of the staff report, the rezone is consistent with the Comprehensive Plan because it focuses employment growth within a designated economic development strategy area as encouraged by Objective 9.3. The staff report's comprehensive plan analysis located at pages 9-10 is adopted and incorporated by this reference as if set forth in full. In point of fact, the rezone is mandated by RCW 36.70A.120, which requires a city to "perForm its activities" in conformity to its comprehensive plan. The only other zoning designation consistent with the Heavy Commercial designation is C4, Mixed Use Commercial which primarily differs from C3 by allowing residential in addition to commercial use. There is no compelling reason to zone the property C4 as opposed to C3 given the uses for the property anticipated by its owner The rezone bears a substantial relationship to the public health, safery, morals and welfare because it will not result in any significant adverse environmental impacts as determined in Finding of Fact No. 5 while at the same time furthering economic development in the City of Aubum as encouraged by the City's comprehensive plan. Ordinance No. 6436 October 24, 2012 Page 4 DECISION The Hearing Examiner recommends approval of Terrace View Properties, LLC Rezone; REZ12-0006. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum shall cause this Ordinance to be recorded in the office of the King County Recorder Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law INTRODUCED• NOV / 92012 PASSED• NOV ! 9 Z011 APPROVED• NOV / q P012 � �� Peter B. Lewis MAIfOR Ordinance No. 6436 October 24, 2012 Page 5 ATTEST /�1� �,/�J�/-��' Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Hei , City Attomey Published:��oWG,��,�b/L .c:--�� `�0�� l`""`) Ordinance No. 6436 October 24, 2012 Page 6 CITY QF «.K-=d'�,.., «d I ��..�. �'�� AGENDA BtLL APPROVAL FORM ``� �-"'� WASN I NG'fON Agenda Subject: Date: Ordinance No. 6436 October 31, 2012 � Department: Attachments. Budget Impact: Planning and Development Exhibit 1 Agenda Bill $0 Ord 6436 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 70 Exhibit 11 Exhibit 12 Exhibit 13 Administrative Recommendation: City Council adopt Ordinance No. 6436. Background Summary• See attached. Reviewed by Council Committees: Other Hearing Examiner; Planning; Building; P W., Fire Councilmember• Backus Staff• Snyder Meeting Date: November 19, 2012 Item Number• ORD.D ORD.D AUBURN * MORE THAN YOU IMAGINED Page 119 of 281 � Exhibit 1 ci7v oF "-_.��+- Number of Pages 7 �; AGENDA BILL APPROVAL FORM �''Y WASHINGTON Agenda 5ubject: Ordinance No 6436, Terrace View Properties, LLC Date: November 13, 2012 Rezone, File No. REZ012-0006 Department: Planning and Attachments: See Exhibit List at end Budget Impact: N/A Development of staff report Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6436 approving the Terrace View Pro erties LLC rezone. Background Summary• OWNER: Jon Cheetham,Terrace View Properties, LLC, P.O. Box 8500, Covington, WA 98042 APPLICANT Same as the owner REQUEST Change in zoning of two properties, from C1, Light Commercial to C3, Heavy Commerciai. One property is approximately 1 17 acres, and the other is approximately 1 1 acres in size. LOCATION: The property is addressed as 5680 A Street SE, Auburn,WA. PARCEL NUMBERS: 3121059056 and 3121059010 EXISTING LAND USE. The properties contain an unused modular office. ' COMP PLAN DESIGNATION: Heavy Commercial SEPA STATUS: A Determination of Non-Significance (DNS)was issued on September 9, 2011 for the Comprehensive Plan amendment for the subject property(SEP11-0009). No appeals were received. An SEPA addendum was issued (SEP12-0028)on September 27, 2012 for the rezone of the property from C1 Light Commercial, to C3, Heavy Commercial. No comments were received. Reviewed by Council 8 Committees: � Reviewed by Departments&Divisions: ❑ Arts Commission COUNCIL COMMITTEES: � Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor � Hearing Examiner ❑ Municipai Serv ❑ Finance � Parks ❑ Human Services ❑ Planning&CD � Fire � Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other � Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: DYes ❑No Council ApprovaC �Yes ❑No Call for Publ�c Hearing _/_/_ Reterred to Until_/_/_ Ta61ed Until / ! Councilmember Backus Staff: Sn der Meetin Date: November 19, 2012 Item Number• ORD.D AUBURN '� MORE THAN YOU IMt�ageE�20 of 281 Date: October 3, 2012 The Comprehensive Plan designation, zoning designation and land uses of the surzounding properties are: Com rehensive Plan Zonin Land Use Project Site Heavy Commercial C1, Light Commercial The properties contain an unused modular office North Light Commercial C1, Light Commercial This property is developed with a non-residential building and gravei parking areas. South Light Commercial C1 Light Commercial Rodarte Construction, a contractor yard specializing in water and sewer line and related structures construction, highway, street and brid e construction East Moderate Density R7, Seven residential units This property is steeply Residential er acre slo ed and is undevelo ed. West Single-Family Residential R5, Five residentiai units per Immediately west of the acre property is A Street SE, which becomes East Valley Highway immediately after this property The property west of the street that is zoned R5, is the BNSF rail corridor. i I i � ������� � �� � north t�` �I � � �-���y —J�T y —., r�' J�---r-- e���_� � �� � _ ( � I � r-�----� � f.- ��, I �'� yr � -'' sw�ect�ompert� i �'--{ ,�r� � � �, � - ,I �'.�.... �C �tj�� �, C ' � '� � � ` k 1 \ � _ .�`�\�}_.i � I t '� �� __ �_ �_ �� � � �� F � -_-� ---{ � �-- � � � '���� � � _ _ ,v� . ; f . ���� , � = 1�- �1�� �:1 � ����,� �"���� ,-J �-.T N '1 Page 2 of 7 ORD.D Page 121 of 281 Date. October 3, 2012 � north �� � � � �� � -1 - � _ , �r,- , , , -�� �� ���` ��,� , .I � , � ` � �� � ' ;.y' ��� ; � � � — _. ���, � �� �� � ��� � . F �T.. `� �v suqectipropenies _ t'•�"; i-��,�� ,�k ��✓�r'� ��°\ �� ��'r ' � '� �= `r�i �" � , - -�— - _�..� ;,,z�. [� a��� I ••� � 1 F—.�s� ..,�� ; ,������( I I —" + __ �� ��~ �\:\�\�,':J + r�•Y— ' I _ � � � `� ��� � , , � ; - �- - _ -I� � �,� � � ��y - �� � _ y _-` � , � � ; I I I I I /� I 1 1 � � Q'��1'�n �r�ZOnmy Cl I.ign!d . _ .ml_ .r,,.. �[` r.�al bu:i %�ss'..slntl �^l MaL./C 'Ldl nu[i�i:f Crv uerynbo.nana�5ncrmnq Da:nr. ■DUC Downrown Uroan Cmttr �EO Envnnnmmtai v�rk Custnc[ : In-.IiNtional pse Li:tntt La4elana HJk SoutM1 CUC LF.lmpOtl lGn�inq R[IE CnrtnR ���1 li�M1tlntlus[nal Di+lrqt =1i�t:nee.y InEu^.Inel Di.h¢t �o;eubl¢use p�snict ��VC!oiannee umt Owelocmeoi �1:r�EenLal�DU�tve �5 4emtle�nai 5 D W ocrc �'4!vtlmhel?Du;P�re ■F!C 0.esOmnal�9 GLl�cre �;zr,z<sme�ua:io nu.oc.e C 4es�eemiei Cc�se.encv ■R,ri�nC 0.esb<npe�menuie^u.eC Fl:.t .. , - . „ ■0.0 0.<siEe�na�Ok¢e Dun�n i ■0.CNResidenLalCHrttG�r.'. -... .. ■TV'errace`nrx �urve cn_ia.sif..ee�'"'_'"_ ... FINDINGS OF FACT 1 Jon Cheetham, Terrace View Properties. LLC applied for a remne for two properties addressed as 5680 A Street SE, Auburn, WA (Parcel numbers 3121059056 and 312105g010) 2 One of the parcels is approximately 1 17 acres (50,965 square feet) in size and is vacant land The other parcel is approximately 1 1 acres (47,916 square feet) in size and is vacant land 3 A Comprehensive Plan Land Use Map amendment was apphed for on June 10, 2011 (CPA11- 0001) The applicant requested a land use change from the "Light Commercial" to "Heavy Commercial" designahon 4 The applicant filed an environmental checklist application that addressed the comprehensive plan amendment On September 9, 2011, the SEPA Responsible Official issued a Determination of Non-Significance (DNS) for the comprehensive plan land use amendment (SEP11-0009) There were no comments received and no appeals filed (Exhibit 8) The applicant submitted an environmental checklist with the apphcation matenals On September 27. 2012 the SEPA O Page 3 of 7 ORD D Page 122 of 281 Date: October 3, 2012 Responsibie Official issued an addendum to the DNS to include the zone change(SEP12-0028). No comments were received on the addendum (Exhibit 9). 5. Planning Commission held a public hearing on the comprehensive plan amendment on November 9, 2011 Staff recommended the Planning Commission recommend approval to the City Council. A motion was made to approve the p�oposed Comprehensive Plan Map amendment. The motion carried 7-0 (Exhibit 10). 6. City Council considered the comprehensive plan amendment application during the December 5, 2011 meeting. A motion was made to change the land use designation from Light Commercial to Heavy Commercial. The motion carried 6-1 (Exhibit 11). The request to change the land use from Light Commercial to Heavy Commercial was approved by Ordinance No. 6394 (Exhibit 12). 7 Pursuant to ACC 18.68.030 and 18.68.040, ali applications for.a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the Conclusions. 8. Pursuant to ACC 18.68.040, notice of a pubiic hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. Pursuant to ACC 14.07.020 notice of application shall be given within 14 days of the determination of complete, and a 15 day comment ,, period shall be observed. The appiication was declared complete on September 20, 2012. A combination notice of,application and public hearing was issued and published in the Seattle Times on September 27, 2012; this combined notice was mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements (Exhibit 13). 9. On October 17, 2012 the City of Aubum Hearing Examiner conducted a duly notice public hearing on the proposed Terrace View Properties, LLC Rezone. 10. The Hearing Examiner issued a written recommendation on October 29, 2012. The Hearing Examiner recommends approval of the rezone, REZ12-0006 without conditions. No requests for ' reconsideration or appeal of the Hearing Examiner's decision were filed with the City 11 Per ACC 18.30.010 the intent and objective of the C3 district classification and its application is to provide for the location of and grouping of enterprises which may invotve some on-premises retail service but with outside activities antl display or fabrication, assembling, and service _ features.This zone is intended to accorrimodate uses which are oriented to automobiles either as the mode or target or producing the corimmercial service. The uses enumerated in this classification are considered as having common or similar performance standards in that they are heavier in rype than those uses permitted in the more restrictive commercial class�cations. 12. As identified in ACC 18.30,020, -025 and -030, the C3 Heavy Commercial zone allows a variety of uses primarily oriented to more intensive commercial retail and service uses. 13. The C3, Heavy Commercial zone development standards including setbacks and lot requirements are contained in ACC 18.30.040. Page 4 of 7 ORD.D Page 123 of 281 Date: October 3, 2012 � ; CONCLUSIONS. ACC Chapter 18.68 provides certain criteria for approval of a rezone. The criteria are given below in bold followed by staff's evaluation of the proposal's relation to the criteria. 1. The rezone must be consistent with the Comprehensive Plan. Staff Evaluation The applicant submitted for a comprehensive plan amendment on June 10, 2011 The comprehensive plan.amendment was processed as part of the 2011 annual amendments. The comprehensive plan map amendment was from 'Light Commercial'to'Heavy Commercial' The applicant submitted a subsequent application for the rezone on September 17,2012. The intent of the Heavy Commercial zone is identified'in the findings above. The proposed rezone will change the current zbning from C1 Light Commercial, which has an emphasis on light commercial development to C3, Heavy Commercial which has an emphasis on heavy commercial development. On Deceinber 5, 2011 the City Council approved the comprehensive plan amendment through Ordinance No. 6394 (Exhibit.l2). The proposed zoning will implement several goals of the Comprehensive Plan including: Chapter 3 `Land Use' -Goal 12. Urban Redevelopment To encourage redevelopment of underuUfized areas to reduce sprawl and take full advantage of the City's investment in existing infrastrocture. Objeetive 9.3 To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use and traffc conilicts by� 1) Managing the continued commercial development of existing commercial aRerials in a manner which minimizes traffic and land use conflicts. 2) Conserving residential qualities along heavily traveled arterials which are not yet commercialized, by restricting commercial developmenf to rypes which provide an appropriate bulfer 3) Protecting existing, viable residential areas along lesser-traveled arterials, from commercial development. 4) Concentrate population and employment growth within the eight key economic development strategy areas withrn the Ciry identi�ed as follows: a. Aubum Way North Corridor b. Aubum Way South Corridor c. Urban Center d. Aubum Environmenta!Park and Green Zone e. 15°i Sheet SW/C Street SWiWest Valley Highway/Supermal! f. A Street SE Coiridor g. SE 312"'Street/124`"Avenue SE Corridor h. M Street SE 6etween Auburn Way Norfh and Auburn Way South Policy ED-6 Revitalize depreciated and/or obsoJete commercia!and industrial sites through innovative regulations that redesign the srte in accordance with modem design standards and industNal/commercial uses. Policy LU-62 Arterials experiencing strong pressure for commercial development, but not yet committed to commercial uses, sha116e designated for mixed use commercial and high density multi- family uses. Development regulations should encourage the development of professional o�ce and similar uses and multip/e family housing, with development and design.standards carefully drawn to ensure preservation of a quality living envi�onment in ad%acent neigh6orhoods. i � Page 5 of 7 ORD.D Page 124 of 281 Date: October 3, 2012 Policy 1U-120 ldentify areas for commercial infill development and focus street and utility systems ' improvements ro facilitate their development. The proposed rezone capitalizes on existing City infrastructure: East Valley Highway as it becomes A Street SE. A Street SE is a principal arterial road that has an average traffic volume of 26,311 vehicles per day and good visibility for commercial development. The proposed rezone of the two subject properties from C1, Light Commercial to C3, Heavy Commercial will allow the property owner greater flexibility in the development of these parcels, with a greater number of allowed uses. The proposed re2one meets Goal 12, to promote urban infill development, and Policy LU-120 by facilitating infill development on a priricipal arterial street. The proposed rezone concentrates population and employment growth in one of the eight key economic development strategy areas: the A Street SE Corridor The proposed rezone will enabie the property owner to better market the property, supporting the objective of policy ED-6 by allowing the application of modem design standards for commercial use. Rezoning the property from C1, Light Commercial, to C3, Heavy Commercial, will allow the property to develop with a higher mix of uses including professional offices. The intent of the C3 zoning district is to accommodate uses which are oriented to automobiles either as the mode or target or producing the commercial service. The intent of the C1 zoning district is to accommodate commercial designation for smail to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. Due to the long blocks and development being limited to one side of the street, A Street SE in this part of the City of Aubum is less likely to successfully support a commercial business oriented to a leisurely shopping experience that would attract pedestrian-oriented activities. 2. The remne must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Staff Evaluation The rezone was initiated by the property owner Jon Cheetham of Tercace View Properties, LLC. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner o� City Council will not result in a more intense zone than the one requested. Staff Evaluation Neither the Hearing Examiner nor the City Council initiated any change to this rezone as requested by the applicant. In addition,Washington case law has ident'fiied other criteria•for rezone applications(see Parkridge v Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)(conditions must have changed since the original zoning was established and the proposed rezone must bear a substantial relationship to the general welfare of the community); Ahmann-Yamane, LLC v Tabler, 105 Wn. App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare; provided, that a showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)). a. Conditions in the area must have changed since the original zoning was established. Staff Evaluation The rezone proposal implements the comprehensive plan land use designation for the subject property. As mentioned under the Findings of Fact, a comprehensive plan map amendment was processed in 2011 and approved by the City Council. The proposed rezone would adjust the zoning of the property to correspond and be consistent with the comprehensive plan. Showing of Page 6 of 7 ORD.D Page 125 of 281 Date: October 3, 2012 a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan b. The proposed rezone must bear a substantial relationship to the general welfare of the community. The property is currently undeveloped vacant land. The modular office shown on the aerial photo has recently been removed. Rezoning the subject property to C3, Heavy Commercial will match the zoning district to the comprehensive plan designation. In this area, A Street SE has long unbroken blocks, and there is only opportunity for retaii to occur on o�e side of the street because the BNSF railroad is located on the westem side of the street. The subject site is located on this principal arterial where C3 is more appropriate due to the high fr�c volumes and the orientation of the street to vehicular tra�c. The intent of the C3 zoning district is to accommodate uses which are oriented to automobiles either as the mode ortarget or producing the commercial service. The intent of the C1 zoning district is to accommodate commercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. Due to the long blocks and development being limited to one side of the street, A Street SE in this part of the City of Auburn is iess likely to successfully support a commercial business oriented to a leisurely shopping experience that would attract pedestrian-oriented activities. The proposed rezone is in cbmpliance,with the adopted Comprehensive Plan which bears a substantial relationship to the general welfare of the community Pedestrian shopping oriented businesses are better suited along roads with development on both sides,with shorter blocks which promote siower speeds. HEARING EXAMINER RECOMMENDATION After conducting a properly noticed pubiic hearing, the Hearing Examiner issued a written recommendation of approval on October 29, 2012 with no conditions. i Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of fhis repoR EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6436 Exhibit 3 Hearing Examiner decision recommending approval of REZ12-0006, October 29, 2012 Exhibit 4 Completed application form (REZ12-0006) Exhibit 5 Vicinity Map showing the current land use Exhibit 6 Zoning map showing the current and proposed zoning Exhibit 7 Aerial Photograph Exhibit 8 Determination of Non-Significance (SEP11-0009) Exhibit 9 SEPA Addendum (SEP12-0028) Exhibit 10 Pianning Commission minutes from November 9, 2011 Exhibit 11 City Council meeting minutes from December 5, 2011 Exhibit 12 Ordinance No. 6394 Approving Comp Plan Map Amendment, December 5, 2011 Exhibit 13 Combined Notice of Application and Public Hearing and affidavits of posting, maiiing, and publication Page 7 of 7 ORD.D Page 126 of 281 ORDINANCE NO. 6 4 3 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF TERRACE VIEW PROPERTIES LLC FOR REZONING OF TWO PARCELS TOTALING APPROXIMATELY 2.27 ACRES FR�M C1, LIGHT COMMERCIAL TO C3, � HEAVY COMMERCIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS. WHEREAS, the City of Aubum on August 1 B, 1986 adopted a Comprehensive Plan by Resolution Na 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 Aubum adopted Comprehensive Plan Amendments by Resolution No. 2835 to compty with the Washington State Growth Managemerrt Act; and WHEREAS, the City of Aubum on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Jon Cheetham of Terrace Vew Properties, LLC, the Applicant, submitted a rezone application (File #REZ12-0006) for the Terrace Yew Properties, LLC rezone on September 17, 2012 for iwo parce� identified by parcel numbers 3121058056 and 3121059010; and WHEREAS, the environmental impacts of proposed rezone were wnsidered in aocordanoe with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10} days prior to the date of hearing, .tt�e City of Aubum lfearing .Examiner on � i Ordinanca No. 6436 October 24,2012 Page"I ORD.D Page 127 of 281 October 17, 2012 conducted a pubiic hearing on the proposed Terrace Yew Properties, LLC Rezone; and WHEREAS, at the public hearing the City of Aubum Hearing Examiner heard public testimony and took evidence and euhibits iMo consideration; and WHEREAS, thereafter the City of Aubum Hearing ExamineF inade a recommendation to the City Council on the proposed Terrace vew Properties, LLC Rezone; and WHEREAS, on, November 19, 2012, the Aubum City Councii considered the proposed Terrace Vew Proper6es, LLC Rezone; as recommended lry the City of Aubum Hearing Examirrer, and NOW, THEREFORE, TI-IE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: The City Council ("Council") adopts and approves the Terrace Vew � Properties LLC Rezone; from C1, Light Commercial to C3, Heavy Commercial and directs that.the rezone application and all related documerrts be filed along with this Orclinanoe with the Aubum City Gerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a bas�s for the ezercise of substarrtive authority under the Washington State Environmental Policy Act by tfie City's responsible environmental official in accordance with RCW 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Mearing Ezaminers recommendation outlined below Ordinance No. 6436 October 24,2012 Page 2 ORD.D Page 128 of 281 FINDINGS OF FACT Procedural: 1 licant. The Applicant is John Cheetham, Terra�View Properties, I:LC 2. Hearina. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at the City Counal chambers at Aubum City Hail on October 17, 2012. Substantive: 3. Site/Pr000sal Descri�fion. The Applicar�t has requested a rezone of two adjoining parcels at 568a A Street SE from C1, Light Commercial, to C3, Heavy Commercial. One of the part�ls is 1 17 acres and the other is 1 1 acres. The rezone is necessa.ry to make the zoning map designation consistent with its "I-leavy Commercial" comprehensive plan map designatian. 4 Charaderistics of the Area. The subject properties are adjoining by property zoned C1,�L'►gM Commercial to the north and south. Properties to the east and west are zoned R7 and R5 Residential, respectively Immediately west of the property is the terminus of A Street SE, which becames the East Valley Highway soutli of the property Just west of A Street.SE is the BNSF railroad corridor Nonresidential buildings are located to the north and south including a corrtractor yard far Rodarte Construction to the south. Property to the east is steeply sloped and undeveloped. 5. Adverse Imoacts. There are no significant adverse impacts assoaated with the proposal. Compatibility with adjoining land uses is the only issue of concem at this stage of project review Property an all sides is zoned for less iMense use, but actual uses do nat appear to create any compatibility issues. "A" Street SE and the railroad tracKs pr6vide separation from allowed residential uses to the west and the property to the east is cuRently steeply sloped and undeveloped. Mr Dixon testified that City transportation staff have assessed the proposal and did not express any concems over "A" Street SE traffic capacity for the upmne. Mr Dixon also testified that the City Council is assessing strategies for ecbnomic development in the vianity, which ooutd potentiaqy indude additional zoning amendments that wiU provide for more consistency in the zo�ing of�properties along °A" Street SE/East Valley Highway CqNCLUSIONS OF LAW Procedurat: 1 Authoritv of Hearin�a Examiner ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authoriry to review and make a rec:ommendation on rezone requests to the City Counal if the planning direcbor detertnines that the rezone requests are Ordinance No.6436 Oc�ber 24, 2012 Page 3 ORD.D Page 129 of 281 consistent with the Comprehensive Pian. The planning directar has determined that the rezone request is consisterrt with the Comprehensive Plan. The Compreher�sive Plan Land Use Map designation for the subject property is Heavy Commercial, which is consistent wiUri the requested C3, Heavy Commercial zoning map designation. Substantive: 2. Zonina Desianation. The property is currently zoned C1, Light Commercial. 3. Case Law Review Criteria and Application. The Aubum Cily Code does notinclude any criteria for rezone applications. Vllashington appeliate wurts have imp�ed some rezone criteria, requiring that the proponeMs of a rezone must establish that conditions have substantially changeci since the original sh6wing and that the rezone rnust bear a substantial relationship to the public health, safety, morals or welfare. See Ahmanrr-Yemane, LLC v Teb/er, 105 Wn. App 103, 111 {2001). tf a rezone implemerrts the Comprehensnre Plan, a showing that a change of arcumstances has occ�urred is not required. Id. at 112. The proposed rezbne dearly meets the judiciat criteria for a rezone. There is no question that the proposal is necessary to implemerrt the comprehensive plan, as the Comprehensive Land Use Map designation for the property is currently"Heavy Commercial" and the curreM C1, Light Commercial zoning is inconsistent vvith that designation. As discussed at page 9 of the staff repoit, the reaone is consistent with the Coinprehensive P1an because it focuses employment growth within a designated economic development strategy area as encouraged by Objective 9.3. The staff report's comprehensive plan analysis located at pages 9-10 is adopted and incorporated by this reference as if set forth in full. In point of fact, the rezone is mandated by RCW 3B.70A.120, which requires a city to "perForm its activifies° in conformity+to its comprehensive plan. The only atlier zoning designation consisterrt with the Heavy Commeraal designation is C4, Mixed Use Commercial which primarity ddFers from C3 by allowing residerrtial in addition to commeraal use. There is no c�mpelling reason to zone the property C4 as opposed to C3 given the uses for the property antiapated by its owner The rezone bears a substantial relationship to the public heafth, safety, morals and welfare because it will riot resuR in any significant adverse environmental impacts as detetmined in Finding of Fact No. 5 while at the same time furthering economic development in the City of Aubum as encouraged by the City's comprehensive plan. Ordinance No. 6436 October 24,2012 Page 4 ORD.D Page 130 of 281 , DECISION The Hearing Examiner recomrimends apprcval of Terrece vew Properties, LLC Rezone; REZ12-0006. tion.4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum shall cause this Ordinance to be recorded in the office of the King Courrty Reconier ection 5. If any+sec6on; subsedion, serrtence, clause, phrase or portion of this Ordinance or arry of the Zoning Map amendmerrts adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdidion, such portion shall be deemed a separate, distind and independent provision, and such holding shall not affect the validity of the remaining portior�s thereof. 'on 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ortlinance shall take elfect and be in forc�five daqs frbm and after its passage, approval, and publication as provided by law INTRODUCED• PASSED• APPROVED• Peter B. Lewis MAYOR Ordirrance No. 6436 � OetGber 24, 2012 Page 5 ORD.D Page 131 of 281 ATTEST Danielle E. Daskam, City Cierk APPROVED AS TO FORM: Daniel 8. He� , Ciry Attomey Published: ord'mance No. 6436 i. i October 24, 2012 Page 8 ORD.D� Page 132 of 281 Fachibit 3 Number of Pages 1 BEFORC TAE IiEAR1NG E7KAMIlYER FOR THE CiTY OF AUBURN 2 - -. . Phil Olbrechb, Hearing Examiner 3 RE. Teirece View Rezone a FINDINGS OF FACT,CONCLUSION3 5 RE212-0006 OF LAW AND RECOMMENDATIUN. 6 INTRODUCI'ION 7 The Applicant hes requested a t+ezone of two adjoining pazcels totaling 2.27 acaes 8 located at 5680 A Skeet SE from Cl, light cdirimercial, to C3, Heavy Commezeial. 9 The rezone is necessery to meke the zoning map designation consistent with the heavy commercial comprehensive plan map desig�rion for the parcels. Appmvpl of Ip the zezone is rocommended. 11 TES'FIMONY 12 Jeff Dixon, senior Aubum planner, summarized the proposa4 He noted ttiat the 13 �0��11 make the zoning desigaation consistent with the comprehensive plan mep designation approved by the City Council lest year. The coiripiehensive plan 14 desigi�ation is for hesvy oominercial end the only other commercial zoning , designadon that implements the oomp p(en designation is C4. In �nse to 15 qneyUOns from the Ezaminer,Mr.Dixon canfianed that the planning comntissioa had discussed studying the vicinity of the pxoposecl re�wne area to determ.ine if othar � 16 properties would also be suitable for an upzone. He noted tfiat the City Council has I 17 �igaated the area an economic developinent stretegy area and that strategies � considered for economic development couid include additionat zoning modificatibns. ( lg The emphasis would be increased honsiag and employment opportunities., Ia rcaponse ro additioaal examiner questions, Mr. Dixon noted that A Street has tkc 19 capacity to hen�ite tr�c genecatod by the reqursted rezone. The Ciry's ' 20 trarisportation department hed evalus�d the impacb on A Sheet and did uot have any ' coacuns ova incmased traffia Mr. Dizon elso confirmcd Mr. Olbiechts 21 �derstanding that residrntiel use.a to the west (which is located in another juxisdiction)are adequately separated from the use proposed by railroad hacks. 22 John Cheetham, applicent, tesdfied that tlu rezoning makes aense give.n iha heavy 23 commerciai industrial use to the south aad the reilroad tracks. He noted that cantrary 24 to the staff report, the of'fice building is stili oa the proposal area but some sheds have ' been removed. 2S E%HIBITS Rezone p. 1 F'indings, Conclusions az►d Decision ORD.D Page 133 of 281 Exlubits t-1! idenNfied in tHe Exhi6it List et Page 11 of t@e ste8' repoR on this � apQlication,dated October 3,2012,are admitted. � 2 FINDINGS OF FAGT 3 ProceduraL• 4 5 1 �. The Applicent is lohn Cheetham. 6 2. Hearin¢. The Hearing Examiner conducted a hearing on the applicatioa st 5.30 p.m. at the City Council chsmbeis at Autium City Hatl Annex on October 1�, � 2012. 8 Sabstantive: 9 3. Site/Pro�osel Descriotion. The Applicant has,cequested a retone of two 10 ad3oin�nB parcels at 5680 A 3treet 3E from Cl, tight commerciat, to C3, Heavy Commerciai. One of the parcels is i.i7 acr�and the other is 1.1 acres. The tezbne 11 is ne�xssary to make ffie zoning ca.ap d�ignation consistent with its "Hesvy 12 ��1�„�'�ve plen map desigt�ation. 13 4. �teristica of the Area. T9re subject propwcties ere adjoinin6 bY Pa'pP�Y zoned Cl light�roaamercial Lu tl�e north aad south. Ptoperties to the e�avt end 14 west me zoned R7 m�d it5 ieape�tively Immediate2y west of du prope$ty is the termmas of A Shee.t SE; which becomes the Eest Ve11ey highway j►�st n6rth af the 15 �p�y 7ust west of A Str�t is thc SNSF railmad conidor. Nomesidential 16 buildings are located to the north and south including a contractor ysra for Rodarte GonsCraction to the south. Propercy to the east is steeply sloped and undeveloped. 17 5 Adverse Imgacts. Thare are no sig�►ificaut advecse impacts associated 18 with the proptisal. Compatibility with adoining tand usa is the only issue of coaceca at thiy smge of projxt revibw. Property on ali sides is zoned for less intense use,Fart 19 ��� i�es do �rot appeer'to create any compadbi6ty �. "A" Street a� ti�e 20 ��� p°0�0 s�°II �° aqowed resi.dentiat usea to the west enil d�e properiy to the east is curre»tly soeeply sloped end uacloveloped. Mr. Dixon teatified 21 � C�' �P�tioa staf�' have e�assed the proposal acd did not expresa any conceans ova"A°5treet trefFc cepaciry for the upione. Mr, Dixon also testifud that 22 the City Couucil.is assessing suaugies for economic devbloyment in tha vicadty> which contd potentiaUy inchide additioval zoning emendmeMs that will provide 6or � more consisteney in the zoning of propercies along"A"StreedEast Vatley highway �A 25 CONCLUSIONS OF LAW Proeednral: Rezorn p. 2 Findings,Conclusions and Decision ORD.D Page 134 of 281 The Hearing Exeminer ra:ommends approval of REZ12-0006. 1 2 Dated this 29th day of October>20 t 2. 3 4 , '1 0[brechts, City of Aubarirn HeBcing 5 Sxaminer 6 7 8 9 � 10 i � 11 � 12 13 � 14 I 15 l6 17 18 I i 19 ' 20 I I 21 I � I I 24 25 Rezone p. 4 Findings,Conclusions aad Deaision ORD.D Page 135 of 281 Exhibit 4 Number of Pages 2 . OFF/CE VSE ONLY ,,,,.�, � CITY OF AUBURN ��� wervn,�g a o.vatoom«i�oevronmu FILE�• ���oH IN�Oum Ctly Hatl Fvmmi.2"'Flaor FILE NAME: t Eael Maln Sorea1 pubum,WaeMrrelon 8800t•490e �ypE; RECEIVED B7'— T������� FEES PAID: CHECKlCASH: pax:237.80a.JtU SUBMITTAl.OATE: wvev•uaumwa.aav LAND USE DESlGNATION: REZONE A►PPLICATIOP! APPUCANT [Use ma111ng add�ess formeeUng no111'rcallal. }�'Check box HPrimary Comact COMPANY Terre��� Y�.�� �i�.�rf.�r t� c AQDRESS: • a (CITY,STATE,21Pj O / � � PHONE,Zdb���6-A�B 7 F . E-MAIL.�/�2'wi e s���11! 8iCiNATURE: ��'�'� PRlNTED AIAME: d�I1 C/lPe.°�a�J , (Slgnahrn9 Requ/reCl) APPtICANT'S REPRESENTATII/8: u CAeck box ll Prlmary Confact COMPANY °S�e AODRE&S: (cirv.srnre.aa) PHONE: FAX. E-MAIL. j 816NATURE: PRINTED NAME: � (Slgnature Requlsed) � PROPERTY OWNER(Sl. [Attach seperete sheet Nneedeai. ❑Check box N PrJmary Confact � COMPIINY Ti�r/R'6e L'�itod /�i^o� �'.!'��t dGC - I i ADDRESS: .��0 C° � s�' �1�� i (ciTr.srnre,ra� PHONE: FAX. _E-MAIL. � SIONATURE: PRINTED NAME:-�z�a.'=ti � '�' �'�1T!' (S�gnature J ufred) � � � ��� ' i Note:App!lcant or r�reserrtaNve must heve property oainer's ca�sent to N►e thls����o��forlt � to be aeeapted p TM�7F,l� � FEZo... UL��Nrr-- i PROPERTY INFORMATION(REQUfRED) � ��+ti►7�'Fr i SITE ADDRESS: ���D ^ 'Sr �•�' �✓����ISTING U8E OF S1TE: i' . A88E88QR'BPAitCEl100 lOTSIZE 10NIN6D18TRICT �� � - , � '� �1���-�� �� PROPOSED USE OF SITE: I _����� �f� fie�'dP :� , AREA TO DEVELOPED(s.t.►: 0 ' � � � � � ,ce o y�c/'� 4 �E -Z...,,,; F'�� r �•-,� en_.,n� �rv C.3 Nt.��� LJr�.F:�t � � , •y G 1. i u o�rr- � ORD.D �`' ''"" "`� �� � � r"""' Page 136 of 281 o, �•-� ' . CITY OF AUBURN REZONE wmaurq s oe�onmem oepenmem APPLICATION ; 1qSMINOTON AuDum CI{y HeII Mrro%,2"�FIOO7 1 E8M AA9�SYfB� � AuDum.Wa61tl�tOn 980014BB8� � Tel:2�l.B31.�CB0 fB7C 269.804.3174 1CC'a7L�C � , REZC1iVE - LETTER OF AUTHORIZATION , (A copy of tAis let —inust be submltted fo►each property owner irnolved) �/Y�t� i'f�.r! �saG ' I, . d lare under penalty of perjury under the � lews of the State of Washington as f i . 1 I am the owner of tha property that ie the subjed of the applicatlon. � 2. I �J'�eve not appolnted arryone,or( ] have appointed � to act as my agem regardi.ng thls applkatlon. 3. AU statamerRe, answers, and IMormetlon submtttsd wtth this appllcation are true and cnrtect to �, the Dest of my knowledge and be�ef. ! 4 I agree to hold the City of Aubum harmless as tc arry claim pnciuding �sts, expenses and attomey's fees incurred in the InvesNgeUon of such ciafm} which may be made by arry person, including the und�siAned, end fGed sgatnst the Clt�r of Aubum, but onry where such claim erises out ot the reUance of the Cily, Including K6 offk:era and emptoyees, upon lha axurac�+ of the Information provlded ro the CRy as part of this appiication. I 5. i hereby prant permissbn tor representatNes of the City of Aubum and any other Feiieral, � State, or local tmit o1 gavernmeM wlth reeulatory suthortty over the projeCt to erder o�rto my property to Insped the propeRy, �ke pfiotographs, and post pul�Ilc noUcas as required in connect}on with review of this apA�catlan and for dompliance wlth the terms and aorni@lons of permtta an approvals iasued far me proJeat, /G��° `tod/��1K°i'<s c ��/ S)gnature ,'9 �lJ��t,°1�i1�7`T '�1'/Y �i�//�' 1"!�'�' Printed Name Oate Ciry and,Sl e where sig�ed �'v, �ax ��o U � G'O_�/� fp11� �l/�y ��� I � � � 5 ORD.D Page 137 of 281 Gxhibit 5 , No . of Fages 1 REZ12-0006 current comprehensive plan designation: Heavy Commercial - �� I ,I — i i � i � i I i -�— _ � I . I IW � y I I Subject properties(PID 3121059D56 3I 21059010�current comprehensive plan designation Heavy Comme I �-s-� a u a a� i � t ■ � � • f i � � rt � � � � i � . i . � _ - - � . � -II ■i . ■ .--. ■ .� — —.— _ Ii i � I � I ( LL - _ - I �� � _ — t � 3 I�. � � �,��I,<<.��.��e� ,� �o�z � M.,p c��•��ee e�ucv or auo�r�,ecis � C I f nui .how�irt l gen al rel r n� �� I V e �IY���d . ol ecess� IY '�'��\ C p e . 1 e ''1 4�4�P�� o cirto4�ph c tl t pp d TI � y f A �� F s nc � w� �LI .�>it11[.aa_v Exhibit 6 , No of Pages 2 REZ12-0006 current zoning C1 , Light Commercial � I � I�— _ I —T — -- � I I I I I Sub�ect properties (PID. 3121 5 56, 31210�9 1 ) �re��z��n�C1; Light Commerc�al I� * t ■ � � * r — — -i C I � ' : � _ I' �i �+_� — � i � � I � � I � — I �I � � ' �`, Y ,��,�e�����e�;��,�o,z �, Map 6ea[ed by Ory of Auburn xG15 � In(armauon;hownc.fnrgeneeessP'mrenr.e V \,� piupases onry untl�loes noi n arlly ' ���`. represen[exace g✓oyraphlc or carmgraph¢ , dacn zs mappetl lTe Oey ol;.uhum inaNU no WllTdnfy AS��11:ll�Unt4 I REZ12-0006 proposed zoning : C3, Heavy Commercial �� - � , - � -- - _ I I I I I � � Sub�ect properties(PID 3121 9056, 3121059010j proposed zon�ng C3, Heavy Commerual �.y r � y I + C . � _ � I I I � j j I I � r I i ��_ —�_ __ � _ — '_ 41L __ _ i'nnierl o:ae�9:dai(OI1 ri M.�p Liezied by Ory nl Au�um eLIS ��� C inwnnanun vhown e lur genenl mferenre pnrpwe:only antl does nu[ne<r.smnly �� �eyre�ent eran qeoqmph¢or r.armgra0h¢ alntn a•,mappea 1Te O�y ol 4u�inn makes ni � �y��,r��Illy dtltl IfS.if.CllfdCy ��riihit 7 , No of Pages 1 REZ12-0006 Aerial Photograph --- T_�� �,_ ,� _ .�.� -.-_, .� ... �. .-1 -,.� - � - . .:�' �- } . �`!,.r„ �- a I �' :����; :kk � � -� • • . � `�: `� �' ��� �� � ., ., � ,� -� �,r,�; , � ,, �A • "�' � (. �; �s _ � ti� ., _ . �f� . 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I.c�wls, Mcryor � --� -s�:� WASI-I INGTON ZG Wost MNnSlroot r Aulriun WA9o0o1-A998�� viww.rniburnwn.tJov* 2W-931 300� Determinatlon oi Non-Significance N Propertfes, LLC Comprehensfve Plen Map Amendment ; $EP91•0008 DescripUott of Comprehenslvo Pian map amen�nont to chanSe the sul�eal p►uRerty's Proposel: land uso destgnatbn trom Light Canmercfal to Hoevy Cainmerclal Proponent: Jon Cheetham,Managing Member Terrace Vlew(Nj Prcperties,LLC � P.O. Box 8500,Covington,tlVA 980432 I Locatton: Two parcels tocated at 6880 A Street SE, Parcel Nos. 3121059058 arrcl 3121058010 l.ead Agency: Cily of Auburn I The lead egency for thia propoeat hes determined that it does not heve prokabie signlftcanl adverse Impad an lhe envlronment An eq+rlronmental IrtiPad sta.lomeM(EIS�la not required under RCW 43.21 C.030(�(c). This decfslon was made afler review of a completed environmentel cheddlst and olh�informaqon cn tUe with the lead egency This informatEOn Is avafleWe to lhe pubtic on request. This D(VS is Iasued under 197•11-340(2);the lead egency will not aG.on this proposal tor 14 daya from the date Issuad below. C6mmenta muet be submitted by 5:00 p.m.on September 29,2071. withtn 14 days orf�the clos�e ot the cosnment�pedodmor by 6:00 p m on�Octaber T,20 1�ty Cle�k Reaponslble Offlclai: Kevin H. Snyder,AICP PoeitionlTitle: Director, Planriing and Development Deparlment Addre83: A���WaBh ngton 98001 253•931-3090 Date lasued:Sea ber 8.2011 Stgnature: ��n H: 3n ,A CP Dlrector, Plarming and Devel p ent Department Note: This determinaQo�doea not constitute approval of the proposal. Approval of tha proposal can onty be made by the legislaElve oi adminlatraUve body veated with thae authorfty. The proposal wfll be repulred to meSt all appiicable regulatlons. l � J�,U{3t11LN '� MUI11i'fHAN YOU IMAC�INIiU ORD.D Page 142 of 281 i Exhibit 9, Number of Pagea 1 I ; � CI"I'Y Of � . � 1�...� 11.?��.d ��%. '� �•• ..� NUicr t3. L<�wis, M�ayor - - WAStllNGTON _ ��"z�wo��nnni�,s�roar o n�n���r�,wn�nuoi-n��u + w+��w.uuburnwc�.c�ov * 253•931-30f. � TERRACE ViEW PROPERTIES RE20NE , SEP12-0020 ADDENDUM TO THE pETERMiNA710N OF NON-51GNIFICANCE (SEP11-0009) ISSUING AGENCY City of Auburn Planning an Development Depaitment 25 West Main Streel, ' Auburn,WA 96001 DATE OF ISSUANCE: September 27, 2012 , D[SCRIPTION OP CURREN7 PROPOSAL. Comprehensive Zoning Map amendment to � rezone the subject properties.from C1, Light Commercia! to C3, Heavy Commercial ' PROPONENT Jon Cheetham, Managing Membor I Terrace View(TV) Properties, LLC P O. Box 8500, Covington, WA 980432 PROJECT LOCATION: Two parcels located at 5680 A Street SE, Aubum,WA III PARCEL NUMBERS: 3121059058 and 3121059010 i REASON FOR ISSUING ADDEDNUM: I On June 10, 2011 the appl(cant applied to amend the land use designaHon under the Auburn , Comprehensive Plan for tha two subject properties from I_ight Commercial to Heavy Commercial. At that time a Determination of Non-Significanco was issued an September 9, � 2011 The applicatfon for rezoning was not included in the SEPA detormination issued at this time. The City has determined that the proposod rezone does not create a new slgnificant adverse environmental impact and the environmental analysls conducted under the original issued Determination of Non-Significance(or this project is unchangeci so therefore the Cfty ls issuing this addendum. LEAD AGENCY; City of Auburn RESPONSIBLE OFFICIAL. I<evin H. Snyder, AICP, Planning and Development Director 25 West Main Street Auburn, WA 98001 253•931-309Q --•=.� Date: C/ "/�� .���� Slgnature: � ��"'y . � ` � i CONTACT PERSON: Hiliary Taylor, Senior Planner 25 West Main 5treet Auburn, WA 98001 253-28b-7412 or h�lor auburnwanov ORD.D I�l�)IjUILN �ytoRC I11nN Page�143�of�281 Exhibit 10, Number of Pages 4 * CITY OF �_ • PLANNING COOAAAISSION Novamber 8, Z011 WASHlNGTON �N�$ I. CALL TO ORDER Chair Judi Roland caAed the meetirig to crder at 7:02 p_m. in the Counal Chambers located on the first fl�r of Aubum City Hall, 25 West Main Street,Aubum,WA. Commission Members p�eseM were: Chair Judi Roland, Vice Chair Kevin Chapman, Bob Baggett, Ron Copple,Wayne Osbome, Joan Mason, and Dave Peace. StaH presarrt included: Principal Planner Jeff Dixon, Planning Manager EI¢abeth ChambeAain, Piarming arni Plarming Se�xetary Tirta Kr�s. Audience Members in attendance: Janet artd Bnice Koch. Jami L. Balirrt, and Mark Se9ale. il APPROVAL OF AAINUTE$ A Qctober 18.�11 The Commission requeshed ad�ng tl�e name of tlie pr�cipat planner under P!f if9. Commission Commissiorser Osbome moved arid Commissioner Copple seconded to approve the October 18, 2011: minutes as amended. MOTION CARRIED UNANIMOUSIY 6-0 ' IU. PUBLIC COM9AENT Tliere were no members cF the public present who wished to speak during the public commern. N. PLANNING DEPARTAAENT REPORT Planni_ng Ad.arrager Efaabeth Cl�mberHairt irrformed the Commission Coaatal Farm and Ranch (an Oregon based company) has submitted a �of irrtent to �ase the old WaFMait buil�g. Tt�oompany is a farm and ranch retail�seliing a variety of products. Statf and Commission disa�sed the stah�.s of otl�er projeds artd properGes. V. PUBLJC MEARINGS A CPA11-0001 —Terrace Mew LLC Amendme�rt Principel Flanner Di�ron provided a briefing.for CPAi i-0001 Staff and the Commission reviewed tlesignaticns, map changes, and the definitions of land uses associated with the designations. There was�a{ssion about a�jaceirt land us�. There was discussion etiout coord'ma6ng road'iinprovements wRh any firture devNopmer�t. The Commission recarfinended sludyin9 the'A°SVeet corridor irom Lakelartd Hills Way to Leke Tapps Patkway, for po6e�ttial designation changes as long�tr�fic�are done to address arry tralfic issues nr aongestion. Chair Roland opened Ure pyblfe hearing et 7�16 p.m. to reoeive comrrterds on CPA11-0001. There being no pubGc pr�errt for commerrt, Chair Roland dosed the public hearirtg at 7�17 p.m. Commissioner Peace moved and Commis5ioner Copple secarnied to approve the CPA11-0OQ1 with a recommendation that the area from Lakeland Ffitis Way south to Leke Ta� Parkway be shulied for consideration ot a potential change in ., ORD.D Page 144 of 281 Piannh�g Commission Meeting AEinu6as Plovember 8, 2011 de�g�tion to heavy�mmereial during the next year's comprehensive plan amendmerrt cyde. MOTION CARRlED UNANIAAOUSLY 7-0 & CPA11-0002—SegalePropardes.LLC Principal Planner Daon provided.e briefing on CPA11-0002. Map amerbmerrts to Ma�ps.14.1 and 14.2 which are the Compriahensive Land Use Mep and Special Area Plans' ma�respedively were discussed. Staff and, Commission also reviewed the related pnficy and be�d.amendmerris for the Shuic River Roatl and Mt. Rainier Yista proposed special plan areas. StaR diswssed the recommer�dation to include an eighth parc�l in Uie proposed map amendmeM. Chait RoNand opened the public heaRng at 7:38 p.m, to reaeive commer►ts on CPA11-0002. Jarret Koch. 2815—53b Sheet 5E, Aubum,Washington. Mrs. Koch stated she and her husband tive ad�aoent to the property induded in tl�e map amendment part of tl�is apPlieamon. Ms..Koch stated they did not teoeive a map with tt�e notice in advance showing the pareels induded in the ameadmer�the additional p�ieel xroWd dnecUy affect them. Ms. Koch stated they are c�noemed ebout the text d�ge addn9 industrial and reaeaGonal uses, pioperty owners understood tlye �nd vras to be used for residerrtial use only. Area neighbors have not received a maled notice on this amendmer►t; in.d.ividuals are concemed about notfication so they can review and pose appropriate qtiestions to the City.�Nls. Koblt stated this is a large area of larid end once the developmeMs around Kerseyr Way(Kersey 3 subdivisiar�s) buitd out dte area w�l a�ld additinnal congestion where tradfic.issues and inadequate iMrestructure exis�traflic has quedrupled. Jami L Balint, Company Cotuxal for Segale Propettles, LLC., P.O. Box 88028, Tukwila, Washirqton. 98138. Ma. Balint introduced N�rk Segale,Vice President of 5e881e ProAerties, l.LC. A letter to the Ptantting Cammissioners was provided by Al�. Balint The appll�autt is in favor of Comprehensive Plan AmendmeM CPA11- 0002. The appGcation is 4he first step in moving fmy2nd with the sub-area plan proeess foc the appraidrnaSe 871 a�res of fartd wifhin the City. Approximately 200 aeres is being added to the sub-area plan. The ML Rainier Vista is a separaUe proposed spepal plan area and is induded within the 871 acres. The appGcant feels the te�d amendmerrt is.necessary given the req�st to add eigM(8)additional parcels. The Comprehensive Wan has a limit on the number of units that can be paR ot the Special Plan Process 'in the curreM languape and wilh an additiona1200 acres � edded to tl�e special plan area the previous dwelling unit limit ts no longer , apProP�• ' Ms. Balirrt does trot believe the ei9hth (8'") Parce� along the Kersey Way and 53n°will be directly adjaoerd to the•Kod�'s propeRy. The pubfic notice boards required by the City�re P� in two�ions to irdorrn the putilia Ms. BaliM and Segale Properties, LLC appr�tes the pu6liCs oonoem aa to the�e at the property;the Purpose ot the sub-arealspeaal area plan is to deEermine the fiRure appropriate use af the property with the puhlic's concems in mmd. Wdh 871 acres, a large amount af Property, there would be fleia'b'itky in arrangirig uses uirithin the designat�area. Segale Properties, LLC requests approval of these amendmeMs as modfied by staff reeomrriendations. 2 ORD.D Page 145 of 281 Planning Coanndssion Nteeling Nlinutes Novamber.9, 2011 Commiesioner Peace asked ff industrial uses were induded 'm st�'s recommendaGons(provided 'm the padcet}. Prinapel Planne�Oaon stated they wers nat Gs6ed but oould 6e induded by staR within tFqs amendmerrt as a text addition if Commission direds�aff to incl�iife the additon � part of tFie am�dmeM. Commissia�er Chapman asked sfaft if ihe parcets designated�cesideMial co�ervancy oould be chariged to single farimiy residenca. Prindpal Planner D'oron stated the special area�signation is establish.irig the speciaf area plan Gmits; which is essentialfy a sh�dy�ea, R does not make.a ctiange io the underlying colored land use designations. The siudy area provides the appticant and the City a chance to irnestigate and debermine wt�t the appropriabe Comprehensiva Plan designation needs to be for the tuture. The paroels next to the Koch's property would tie induded in the study. Ms. Balint parrted out the•speaal area plan is not only desigrred to determine what uses are appropriate but also what infrastrucri�re may be necessary to aupport future development as wep as rieviewing the surrounding property around the speaal area plan to make sure atl uses ara compatible. Principal Planner Dixon poirrted out when the speael area p�ns are developed any resuldng proposed char►ges would still be brougM beTore the Plarming Commission and Ciryr Council as an amendrt�ent to the City's Comprehensive Plan. Commiasionar Peace stabed industrial use could fndude a factory and ft does not seem ePProPriabe for that area. After hearing camment from the public on CPA1 t-0QOZ Chair Roland dosed the pub6c hearing at 8:04 p.m. Chair Roland oper►ed the pubfic hearirg a eeee�nd time at 8:05 p.m. to receive further commerrt on CPA11-0002. Bruoe Koch, 281 S—53id Street SE, Aubum,Washington. Mr Koch thanked the Commission 4or their work. Mr Koch stamed everyone shoutd get alang and see what the rigM use for Aubum should be. He exp�ssed his desire for both Mr. Segale and the Ciry of Aubum to have what it needs for this area Mr Kocfi poirded out the fdth (5'� bull�on tF+e PowerPoint and stated'R appears the Cityr is approving oommercial, institittional, indt�strial, and recx�tior�l uses without any type of�udy. R appears we �9Mn9��7 rvithout the neoessary badcground. If each parcel is open to other land usas they slmutd.not be aUowed w�W tha_shidies are compleEe to beelc up their uses. M one per�el is gaod for recteation, make tl�e proposal to Ure Commission and move ahead. To just make ttils approval in m�s I may be tosing my future rights. He indieabed his concem is similar to what Commissioners Peace and Chapman e�ressed; dawn a.patli commission has app�ved�ese aetivities when there was no basis for it This is a question as mueh as a comment After hear�g commeritfrom the pubGc on CPA11-0002 Chair Roland Gosed the public hearing at H:05 p:m. Princi�l Planner Dixon darified this•fiext amendrrierrt only modiFie�s tl� pu�pose and desaiption narratives of the apecial area plan in a,m�m�that aUows tl�e applirarrt to go forward wffh adddional str�dy and evaluation for sait�able uses and what itrfrastruCture is needed to support tlie futuie uses�the special area�an is developed. The amendmerR does nat provide zronmg code d�anges- 3 ORD.D Page 146 of 281 Ptanning Commiss(on AAaet3ng 111inuEes Nov�nber 8, Z011 Commissioner Osbome�he felt R would be a misqke not to indude the various uses smce the speaal plan area indudes 871 acres with a tot oF bu(fer around. k couid be used for an appropriate type of 6gFd irtdustrial and vwe would not want to exdude light indusGy ttiaR is oontained within a btrilding. Not indud�ng optiot�s could be deUimerKal for the entire 871-aae �xoject. Chair Roland darified ttre recommendation is�add eigM(8) paroels to the Studc River Road Speeial Pian Area. Commissioner Osbome moved and Commissioner B�gett seconded to approve CPAt1-0002, Segate Propenies, LLC Comprehen�ve Plan Amendment CPA11- 0002 text ame�nerrt and map amendment to indude property t�c identifieation No. 322105-9031 (the eighth petCel). Commission and�aff reviewed the amendad wording to�e original poGcy and bext secGons. 'Prinapal Plaimer hpcon cfarified ttte previdus version did rrot indude indushiat use.s artd sNadf remmmends adding on behalf oF fhe app4carK industrial land uses. Jami l. Balirrt.on behalf of the applicant, stated irtdusion of°ir�dustrial" land uses is appropiate and�as much fle�dbility as possible so upon proe.ee�ng with the study so lhey are rtot.fimi�d in any way The uses for the propeRy.will be detemiined 6ased on a future study, they would ask that indt�trial c�ses be induded within the speaal area plan in order that is could be ind�ed within the study Chair RolarM stated a motion and second has tieen proposed. Commissioner Peace clarNied the motion was based materials provided by staff.which did not indude the addidon of"industrial°for the text artiendmenti• A new motion needs to be proposed. Chair Roland asked Commissioner Osbome if it was his iMeM in the Motion to indude iridustrial uses. Commissioner Osbort�e said.it was his i�to indude k. Cammissioner BaggeC stated it was not his ir�enGon to indude indu.gdrial uses. Chair Ro�nd removed tl�motion from the floor Commission Osbortre moved e�d Commissioner Copple seoonded to approve CPA11-0002�amertded to indude industrial uses as reaorttmended by s�ff. MOTfON CARRIED UNANIMOUSLY 6-1 VI. OTFIER BUSINESS There were no additional busmess items. Chair Rolarid cbnfirtned the next meeting will be December 8'". 2011 VII. ADJOURNdIENT There being no furth�business to come before the Planning Commission, Chair Rotand adjoumed the meedng at 8:24 p.m. 4 ORD.D Page 147 of 281 Exhibit 11, Number of Pages 11 �,� �-*, _ City Council Meeting December 5, 2011 - 7:30 PM Auburn Clty Hall wasHiNCi�oN AAlNUTES I. CALL TO ORDER A. Flag Salute Mayor Peter 8. Lewis caped the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Counclmembers presern: Rich Wagner, Sue Singer, Nancy Badcus, Bill Petoza, �ynn Norman, �rginia Haugen, and Jofin Partridge. Department Directars and staff inembers preseM: Ass,istarrt City At[orney Steve Gross, Planning and Devatopment Director Kevin Snyder, Public Works Director Dennis Dowdy, Firsani�birectar Sheliey Colem3n, Prinapal Planner Jeff Dixon, Engin�ring Aide Amber Mund, Patks, Arts ar�d Recreation DireCtor Dary! Faber, Govemment Relation§ Manager Carolyn Robertson, Economic Developmerrt Manager poug Lein, Police Commander David Colglazier, and City Clerk Darrielle Daskam. C. Anno�mceme�ets, AppointmerKs, and.PreseMations 1... Presentation - "IiAore Than You Imagined" Award Mayor i.ewis to preserrt the "More Than You Irrsagined" Award to Bud Larson for his y,ears ofservice on the Aubum City Council and l.aw Enforcement Offcers and Fire Fghters.(LEOF� Board. Mayor Lewis presented Clarence"Bud" Larson with the City's"More Than You lmagin�`award forhis years of senii�tb the Aubum community, includ'eng his service on the Ctty Counci6.from i975 to 1991, service as a Co�ncilmember on the Aubum Law Enforcement Ofticers and Fre Fighters (LEOF� DisabTity and Retiremerrt Board from 1982-1983, and the memb�-at-large position on the LEOFF Board ftnm 1993-2011,ftu a �mbined thirly-six years. Mayor Lewis ttiankecl Mr Larson for his hard work and dedication to his communiry 2. Proclamation - "Miss Aubum Schoiarship Program Days" Mayor Lewis to prodaim January 21., 2012 for the Teen Program and February 3 and 5, 2012 as "Miss Aubum Schalarship Program Days" in the City of Aubum. Mayor Lewis read arid preser�ed a prodamation dedaring January 21 st for Page 1 Of 71 ORD.D Page 148 of 281 the Teen Program and February 3rd and.5th,2012, br the Miss Program as "Miss Aubum Scholarship Program Days" in the city of Aubum. Mayor Lewis, aiong with Ccuncilmember Backus who senres as president of the Miss�m'Scholarship Program, introcluced the Miss Aubum contestants in attendance: Ashley Plemmons sponsoretl by Valley Bank,•Presella Set s�nsored by HBT Insurance,Ashley Thordarson sponsored hy Aubum Noon Lio�s, Erin Fischer sponsored by Don Small & Sons,Tera Sabo sponsored by Columbia'Bank, Valerte Troccoli sponsored by Waste Managemerrt, Salina Ellison sponsored by.Kiwanis Chrb of tfie Valley, Mackenzie Maynard sponsored by Flaming Geyser Gardens, Brianna Hutibard sponsored tiy S�rling Savirigs, MdCenzie Treece sponsflred by Molen Orlfiodo�, Hannah MCFarlane sponsored by Oddfellows Pub, Jessica Justice�onsored by Aubum Chevrolet, Alexartdra Bornuelf sponsored by Scotty's General Constructlon, Inc., Den�ia Olegba sponsored by Cascade Eye and Skin Certers, A(lison Amador sponsored by Kiwanis Club of Aubum, Rer►elyn Cnu sponsored by Sound Credit Union, Kyla Moen sponsored by Shred-it Westem VNashingtcn, 8heiby Malama sponsored by Longhom Barbeque, Courtney Kindell sponsor� by Jerry Honeysett, Hannah Woods sponsored by Select Photography, Emily'MiMon sponsored by Lakelsnd Family Chiropractic, Gatmelle Born�er sponsored by Chitdren's Dar�ce Studio. Miss Auburn Outstanding Teen Program corrtestarris in attendar�ce included: Alyssa Schnell, Lucky�Backus, Bol�i Hanson, Georg'ra Fitflle,Al6son Arthur, Cami Werden, Tarhata Garrison, and Sydney Hedrick. 3. Planning Commi�ion AppoiMment Gity Council to �nfirm the appointmerrt of Mark Ramey to the Pkanning Commission ta fiU an unexpired term expiring December 31, 20i3 Deputy Mayor Singer moved and Couna'irttember Wagner seoonded to confirm ihe appoiritmeM of Mark Ramey to the Pianning Commission. MOTION CARRIED UNANIMOUSLY 7-0. 4 Planning Commission Reappoirrtment Citp Council to co�rm,the reappoirrtment oi Judi Roland to the Planning Commission for a three year tertn expiring December 31, 2014. Deputy Mayor Sirtger•moved and Councflmember Wagner seconded to confirm the reappointmerii of Judi Roland to the Pianning Commissian. MOTION CARRIED UNAN[MOUSLY. 7-0. D. Agenda Mod(fl�attons Agenda modification's inc4ided corrected daims voucher check numbers and totai� amourrt and a revised.Resohfian No. 4779. Page 2 of 11 ORD.D Page 149 of 281 Il. CffIZEN INPUT, PUBUC HEARINGS & CORRESPONDENCE A. PubUc Heirings 1 Right-of-Way Vacation Application No. V3-1 i (WagnedDowdy) City Council to canduct a public hearing to receive publ�c commerrts and suggestions witii regard to ttie {ircposed FtigM-of-lMay Vacation V3-11 Engineering Aide Amber Mund explainad that Terty Home, ina,.has applied for the vacation of approximataly 4,000 sqiiare feet of right-of=way on 8th Sireet NE just west of A Street NE. The rigM-of-way was dedicated in 1947 through a:plat dedication for street purposes. The applicaM proposes to iru;orporate t}ie right-cf�ray irrto their developmeM pfans for their property Iccated just soutlt of the rigM-of-way City Pubtic'Works staff recammends approval ot the vaca�on with easements reserved tor City water facilities in the north eigM feet of the rigM- of-way and'for exEs6ng Puget Sound Energy electric facili�es. Staff also recommends that compensation not be required as the rigM-of- way was dedicated to the City at no cost. ' The public benefits of the vacation include: decreased rigM-of-way mairrtenance obligation and possible property tax revertues_ Mayor Lewis opened the public hearing at 5:00 p.m. Myla Montgomery, Terry Home, Inc., 31420 42nd Place SW, Federal Way, WA Ms. Montgomery spoke on behalf of the applicarrt,Terry Home, Inc. Terty Home plans to.open their second faality in Aubum on property adjaoent to the pmposed vacated dgM-of-way. The faWily in Aubum wiq senre twelve young people who have surv'Ned VaumaUc brain injury;four of the beds will be sat aside for veterans. Mayor Lewis dosed the hearing at 8:02 p.m. B. Audlence PartlCipatfon This is the pleae on the�qenda where the public is invited to speak to tbe City Cound!on any issue: Tlio�iaishiiig to sfieak are reminded to sign in on the form provided There was no audience partciqation. C. Correspondence There was no correspondence foi Council review. lll. COUNCIL COMMITTEE'REPORTS Page 3 of 11 ORD.D Page 150 of 281 A. Municlpal Services Chair Peloza reported the Munippal Services Committee met November 28, 2011. The Committee discussed Resolution No.4Z75 updating the Employee Deferred Compensation Plan, diroct billing fo�garbage disp�l,the Vadis Service Agreement, golf course workirig c�pital, and the Commitiee project matrix. The next regular meeting of the Muniapal Services Committee is scheduled for December 12, 2011 at 3:00 p.m. B. Pianning & Community Development Chair Norman reported the Planning and Community Development Committee met November28,2011 The Corrimittee reviewed Resotution No. 4769, which sets the public hearing date ori the 2012-2017 Tran�ortation ImprovemeM Program, and�Ordinance No. 6394 approving Comprehensive Plan amendmerrts. The Comm'�tee discussed Resolutlon No. 4771 approving a contract with Washington2 Advocabes, the 2012-2017 TransE,sortation Improvemerrt Program, 2011 Phase II Code Update, Ordinance No. 6393 relating to school impact fees,.and buUding code and land use c�de issues relating to semi trudc trailers. The Committee also received an update on the Auburn Envtronmerrtal Park Boardwaik project. The next regulaz meeting of the Planning and Community Development Committee is scheduled for December 12, 2011 at 5:3U p.m. C. PubUc Works Chair Wagner reported the.Public Works Committee.met this aftemoon at 3:30. The Committee received a presentatian on street IigM cornersion to LED from Urban Innovation Group. The Committee atso discussed Ordinance No. 6387 relating to rigM-ot=way vacation, Resolution No.4777 relating to surplus property, the 2012-2017 Transportatlon.lmprovemerrt Program,.and a change in consVuction and specciiat permit fees. The next regular meeting of the Public Works Committee is scheduled for December 19, 2011 at 3:30 p.m. D. Flnance Chair Backus reported the Fnance Commiltee met this evening at 6:00. The Commiitee reviawed claims and payroil vouchers, Ortlinance No.6378 relatlng to the 2011 Budget ameniiment, Ordinance No. 6379 ralating to the mid-term budget correction, Resolution No. 4771 approving a consulUnA services agreemerrt with Washington2 Advocates, anii Resolution No. 4777 declaring a road grader surplus. The Committee also discussed Or�nance No..6395 related to resider�tial garbage arni racyding services, Ftesolu�on No. 4780 approving a contract with Seattle-King County Departrnerit of Pubiic Healih for the.Lo�xl Hazardous Waste Mana�emerrt Program, Rssolution No. 4781 suthorizing an �greemerrt with King Courrty for the 2012-2U13 Waste Reduction and Recycling GraM Program, aqd the 2d12 Vaclis Service Agreemerrt for litter removal. The next regular meeting of the�Finance Committee is scheduled far D�ember 19, 2011 at 5:00 p.m. Page•4 of 11 ORD.D Page 151 of 281 E. Les Gove Conimuntty Campus The Les Gove Community Campus Committee has not met since the last Council meeting. F Downtrnm Redevelopment The Downtown RedevelopmeM Committee has no2 met since the last Counal meeting. G. Coundi Operatlons CommitEee Deputy Mayor Singer reported the Councii Operations Cflmmittee met November 30, 2011 Up�scuss the 2012 Council Committee assignments. IV REPORT'S At this bme the Mayor and Ciry Couna/may report on significani items associated with their appointed pqsiGions on federal, sKafe, ragronal and local organizations. A. From the Counc(I Mayar Le�rois repoRed that at the last Puget Scund Regional Counal meeting Deputy Mayor Singer was rer.vgniied for her years M service on.the Puget Sour�d Regional Council (PSRC) Operatiorts Board, Economic DevelopmeM Coundl, Executiye Committee of the PSRC, arid Chair of the PSRC. Deputy MayorSinger stated that.last week she represented the City at a communitp leaders d�nner at the Aubum Regional Medical Center where the topic was creatir�g smoke free errvironmei7ts. Coundlmember Norman reported that.she attended the Santa Parade and the Red, White and Blue concert at the Pertormirig Arts Center Counalmember Badcus reported on her partlapation in the Valley Regional Fre Authority Muscular Dystrophy Association fund raissr Councilmember Backus reminded that the Fire Fightei�s'�Lacal 1352 will begin theirToys for Klds Toy CollecGon this weekend. Councilmember Badws also reported on her attendance at the lGng Oounty Aerospa�Alliance Partnership and the Sarrta Parade. Counatmember Peloza reported on his attendance at the IGng Courtty Water Pollution Abatemerrt Committee meeting. CouncHmember Peloza atso briefly spoke regardirig King Oouniy Solid Waste Divi�on's Cedar Hills Landfill Gas-to- Energy Program. Coundlmember Haugen reported on her attsndance at the Sarrta Parade and the Red, White and Blue Concert. B. From the Nlayor Page 5 of 11 ORD.D Page 152 of 281 Mayor reported on Santa Parade, RW&B Concert, V CONSENT AGENDA A. Payroll Vouchers (Backus/Coleman) Pay�oll chedc numbers 532405 to 532492 in the amourn of$339,053.36 arM electronic depnsit Vansm�sions in the amour�t of$t,267,875.46 tor a g�and total of$1,�6,928.82 for tlte paY period covering NCVember 17, 2011 to Plovember 30, 2011 B. Minutes of the November 7, 2011 Regular Meeting Deputy Mayor Siriger moved and Counalmember Wagner secorided to approve the Consent Agenda. Counalmembec Haugen requested the removal of the daims vaudi�s from 1F�e Conserrt Agenda. MOTION TO APPROVE THE CONSENT AGENDA, EXCEPTINGTHE CLAIMS VOUCHERS; CARRIED IJNANIMOUSLY 7-0. Vt. UNFINISHED BUSINESS - A. Glaims Vouchers (Badws/Coleman) Claims chedc numbers8�#160;409290 through 409583 in the amourrt of $912,237.458�#160;and �ted December 5, 2011 Deputy Mayor Stnger moved and Councilmember Wagner seconded to approve the daims vouchers. In response to questions from Caunalmember Haugen, Parks, Arts and Recxeation Director Faber smted that the licensing fees for movi� are irdegrabed in the cost of adm�sions.. Addiil�onaily,outside sound techniaan servfces are required for certain Aubum Avenue Theater shows. MOTtON CARRIED. 6-1 Councifinember Haugen voted no. VII. NEW BUSINESS There was no new business. VIII. ORDINANCE3 A Ordinance No. 6378 (Backus/Coleman) M Ord'mance of the City Couna'I of the Ciry of Aubum, Washirfgton, amending Ordinance No. 6539,the 201.1-2012 Biennial Budget Ordinanc� as amended by Ordinance No. 6351, Ordinance No. 6352; Ordnartcs IVo. 6$62 and Ordinance No. 6370 authorizipg amendment to the Ciry of Autiurri 201 t=�12 Budget as�set forth in Sd�edule "A' Countalmember Badcus movad and Councalmember Norman seconded Page 6 of 11 ORD.D Page 153 of 281 to irrtrodu�and adopt Ordinance No. 6378. The Ordinance represerrts 6udget amendmerit rm. 5,wMch makes the final char►ges to the 2011 budget. The amendm�t inGudes revenues and graM tunding received and recogNzes public empioyee pensicn corrtributfon rate adjustmeMS. MOTION CARRIED UNANIMOUSLY 7-0. B_ Ordinance No. 6379 (Badcus/Coleman) . An Ordinani:e of the Cit�r Counal of the City of Aubum, Washington, amending OrdinBnoe No. 6339, the 2011-2012 Biennial Budget Qrdinance as amended by Ordinan� No. 6351, Ordin,ance No. 6352, Ordinance No. 6362, Orc]inance No. 6370 and Ordinanc� No. 6;i78 suthoriiing amendment to the C'rty of Aubum 2011-2012 Budget as set forth in Schedule"A" CounWmember Badc� moved and Councilmember Nortnan seconded to introduce and adopt Ordinance No. 6379. Ordinanae No. 6379 provides for a mid-tenn cartec[ion of the 201�1-2012 Biennial Budget. R provides new beginning estlmates for 2012 and incorporates arry amendments that occurred in 2011 MOTION CARRIED. 6-1 Counciimember Haugen voted no. C. Ordinance No. 6381 (Wagne�/Dowdyj An Ordinan� of the Ciry Courtcil of the City of Aubum, Washington, Vacating Right-of-Way of Sth Street NE, West of A Street NE, within the City of Aubum, Washirtgton Counalmember Wagner moved and Councilmeinber Peloza seconded to introduce artd adopt Ordinarxe No. 6381 The Orciinance vacates approximately 4,000 square fee2 of uriused right-of-way. MOTION CARIED UNANIMOUSLY 7-0. D. Ordinance No. 6394 (Nortnan/Srtyder) An Ordinance of the City Council of the City.of Aubum, Washingion, relating to ptanning; adoptir►g Comprehensive Plan Map and Text Amendmerits pursuarrt to fhe provisions of RCW Chapter 36.76A Counalmember Norman moved artd CounciimemDer Badws seconded to int�oduce and adopt O�nance No.6394. Ordinance No. 6394 inclu.d�.two map amendments and ten pollcy text amendments initiated by the City. The Ordinant�also indudes one privately- iratiated map amendment and a cambined request for a map amendmerrt.and associabed privately-initiated paliry/text amer�dment Page 7 of 11 ORD.D Page 154 of 281 In response to a question from Counaimember Haugen, Director Snyder stated � � that a Comprehensive Pian was required by the Growth Management Ad in 1995; however,there is evidence that ttie Ciiy had Comprehensive Pians as far tiadc as the early 1970's. Councflmember Backus thaNced Plarming and Developmer�t Director Srrydec and the Planning staff far their work on the Comprehensive Plan amendmerrts. Counalmember Haugen ezpressed opposltion to the amendmerKs. Counpimember Nortnan commertded staff far their worlc on the proposed Comprehensive Plan amendmerrts. She stated that most.of the amendmer�ts are in res�nse tc federal, stabe and regional requiremer�fs and laws, Coundimember Peloza c�mmended tfie Planning and Development staff for their work on the Camprehensive Plan amendmertts. MOTION CARRIED. 6-1 Counrdlmember Haugen voted no. {X. RESOLUTIONS A. ResoluYron IVo. 4769 (NormaNDowdy) A Resolution of.the Giiy Gouncil of the City of Aubum, Washington, setUng the time and date far a public hearing before the City Council on the 2�t2- 20t7 Transport�tion Improvement Program Councilmember Norman moved and Counalmember Backus seconded to adopt Resolution No. 4769. MOTION.CARRtED UNANIMOUSLY 7-0. 8. Resolution No. 4771 (Backus/Coleman) A Resolu�on of the Ciiy Council of the City of Aubum, Washingtan, autharizing the Mayar and City Clerk to execute a crorrtract with Washington2 Advocates, LLC, for consu�irtg services Councilmember Backus moved and Counalmember Norman seconded to adopt Resolution No. 4771 Resolution No. 477t represerds a renewal cf a Cpntract with Washington2 Advocates LLC. Gouncitmember Badws stated that the firm has assisted the C(ty secure feiieral and state tunds for Cily prolecta. Exarimptes of successes in 2011 indude defending the�Public Works Trust Fund,worfcir►g with Srate agenaes to reach an agreement on d�os�on of State properiy at Game Farm Park,working with IGng Courtty on the cfisposition of the historic post bffice that previousty housed the FGng County Mealth Depanmerrt,working on.development of a regional firing range for area.law enforcemeM agencies,securing funding for the M Street SE Underpass Project, and worki�writtt the Federal Emergency � Page 8 of 11 ORD.D Page 155 of 281 Manageriment Agency on flooding issues. Deputy Mayor Singer spoke against Me Resolution. She stated that despite the good work of past corrtracts, sfie beGeves the 2012 c�ntract�pe of servic�s is too weak and too expensive. Councilmember Peloza spoke in favor of the Resoluaon and the need for advacacy on behalf of the Cityr to ensure the retum of tax.dollars to the City. Coana7memb�Haugen�r�f with Deputy Mayor Singe►'s.comme►ns. Couna7member Partridge�nquired vrhether the cbnsultant could be hired on an as needed basis. Mayor LevYis stated that ffie City�uld opt for a lesser co�and have less standing in corrfGcting.issues. MOTION CARRIED. 5-2 Deputy Mayor Singer and Counalmember Haugen voted no. C. R�olutian No. 4775 (Badu�ll�leineman) A Resotution of the City Counai of!he Gity of Aubum, Washing�n, authoraing the Mayor and City Clerlc to exea�te and Publish an amended Deferred Compensation Plan for the City of Aubum that complies with the new provisions of federal law that deal virith gavemmerrt deferred compensation plans Counalmember Badius moved and Coundlmember Norman secor�ded to inuoduce and adopt Resolution No. 4775. Resolution No. 4775 amen��e Employee Deferred Comper4sation Pian in keeping wtth federal law. in response to a question trom Cou.ncilmember FNaugen, Finance DirecDar Coleman e�lained that the Deferred Comper�ation Pian provides for a mecharrism toc City employees to invest their own money in a deferred CompensaUon plan. Tlie Plan must be fn compQanCe with Internal Revenue Service rules and regulations. MOTION CARRIED UNANIMOUSLY 7-0. D. Resoludon No. 47T1 (BadcuslDowdy) _ A Resolution of the City Counal of the City of Aubum, Washingtan, declaring certain ifems of property as•surpfus.and authorizing their disposal Counalmember Backus moved and Counalmember Nortnan secondad to adopt Resclntion No. 4777 R�olution No. 4777 dedares a 1994 Champicn road grader that hss ouUived its useful Gfe. Page.9 of 11 ORD.D Page 156 of 281 MOTION GARRIED UNANIMOUSLY 7-0. E. Resoluticn No:4779 (WagnerMeid) A Resolution of the Gity Counal of fhe City of Aubum, Washington, repeal'ng Resolution No. 467� passed December 20, 2010 as amended by Resolution No:4692 passed March 21,;,2011,,as amended by Resolution No. 4741 passed August 15, 2011, and designa4ing the members, powers, duties and meeting fimes-and day of atl standing comm'�tees of the C'rty Counal of the C'rty of Aubum Counalmember Wagner moved arui Caurxilmember Badcus secanded ta a�Pt R�aluti�on No. 4779 wifh the foUowing changes:Finance Comml3tee meebing time �all be 5�0 p.m. on_the first arnJ third Mondays of the moMh and the responsibdity br the SeNor Certter shall rrtave irom the Muniapat Senrices Committee to the Les Gcve Community Campus Committee. Assistant City Attomey Gross reminded that City Cflunal Rule 16.1(G)(1) ProFdl�ts Councilmembers whose term af otfice will expire prior to or d.u.dng the.first meeting of a new City Council and who I�ve not been re-eteaed or appoirrted to another term of oifice eztending beyond the first meeting of a new City Counal, shaU not be allowed to vote at Council meeGng on the.approvai cf tl�e memberships of the new committees. Councilmember Wagner stated that altocating c�mmittee assignmeMs was more challenging this year�an in the past due to three new Councilmembers taking oifice. He no�ed that several areas of re�onsbiP�tyr have been moved from ofher commiGees to the L'es Gove Community Cart�pus Committee in order bo consoada�U�e activfti.es at the Campus. The Les Gove Community Campus Committee will meet on a regular basis rather ttian on an as-needed basis. The Cour►a1 Operatlons Commit6ee is a��eduled to.meet mor�thly. The DeP�Y AAayor is designaLed to Ghair the Committee of the Whole and the CounCil Operations Committee. Counalmember Peloza moved and Councilmembe�Backus seconded to amend the resoluUon by rerrtoving "street median mairttenance"trom the scope of authorlty for the Munfcipel Services Committee. Councilmember Peloza stated that street median mairrtenance should be induded as part of the Committee's project matrix rather than C� as part of the Committee's scope of authority. MOTION CARRIED UNANIMOUSLY 40. Counalmember Haugen expressed concem with the workload of the Counalmertibers and recommended eliminating the L.es Gove Community Cam�s Committee. Page 10 af 11 ORD.D Page 157 of 2S1 THE MAIN MOTION, AS AMENDEO, CARRIED UNANIMOUSLY 4-0. x. An.�ouRNee�rr There being no further business to come before the Gounal;the meeting adjoumed at 8:50 p.m. �. APPROVED TFIIS . g Y OF DECEMBER, 2611. � � . �. Pete 8. is, Mayor Daniepe Daskam, City Clerk Page 1�1 of 11 ORD.D Page 158 of 281 Exhibit T2 Number of Pages 45 ORDINANCE NO. 6 3 9 4 AN ORDINANCE OF THE C1TY COUNCtL OF THE CITY OF AUBURN, WASI9INGTON, RELATING TO PLANNING; ADOPTING COMPREHENSIVE PLAId MAP AND 'i'EXT AMENDMENTS PURSUANT TO THE PROVISIONS OF RCW CHAPTER 36.70A WHEREAS, tfie City of Aubum on August 18, 1988 adopted a Comprehensive Plan by Resolution No. 1703 which indudes a Map estabtishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on Apr� 17, 1995 the Ciiy of Aubum adopted Comprehensive Plan AmendmeMs by Resolution No. 2635 to comply with the Washington State Growtfi Managemerrt Act; and WHEREAS, the City of Aubum on September 5, 1995 reaifirmed that action by Ordinance No. 4788; and WHEREAS, the City of Aubum published in the Seattle Times and Aubum RepoRer an adver6semerrt that the City was axepting oomprehensiwe plan amendmerrt appl'�cations and.establ'�hed a deadline fot submittal of June 10, 2011, and WHEREAS, the City of Aubum reoeived one p'riVately-initiated amendment map amendmert (CPA11-0001); and one privately-initiated combined map amendment and text amendmeM•(CPA11-0002); and WHEREAS, the City of Aubum initiated two map amendmerrts and ten bext amendments (CPA11-0003); and Oidinance No. 8394 � November 29, 2011 Page 1 ORD.D Page 159 of 281 ' � WHEREAS, Comprehensive Plan map and text amendmeMs were processed by the Planning and DevelopmeM.Qepartment as proposed Year 2011 amendmerrts to the City of Aubum Comprehensive Pian; and WHEREAS, mairrtaining a curre�Capital Faafities Plan is required 'm arder to meet regulatior�s of the Growth Managemeirt Act under.RCW 36.70A, and WHEREAS, the environmerrtal impads of ttie Year 2011 Comp�hensive Plan amendme�rts were. considered in accordanoe with procedures of the S`tate Emrironmental Policy Ac� and WHEREAS, the proposed amendmeMs were trarismithed to the Washington State Departmern of Commerce, Gro�nrth Managemerrt Servioes Div�ion and other StaGe agenaes for the 60-day review period in a000rdance wiTh RCW 36.70A.106; � and WHEREAS, after proper notice published in fhe City's 'official newspaper at least ten (10) days prior to the date of h.earing, the Aubum Plarming Commission on October 18, 2011 and Novembec 9, 2011 conduc�ed putific hearings on.the proposed amendmerns; and WHEREAS, at!he public hearing the Aubum Cily Planning Commission heard public testimo�y and took evidence and e�d�bits iMo c�r�eideration; and WHEREAS, thereaftec the Aulwm City Planning Commission mad'e recommendatians to the Cily 6ounal on the proposed Year 2011 Comprehensive Plan map and text amendments; and � � Ordinarn:e No. 6394 November 29, 2011 Page 2 ORD.D Page 160 of 281 WHEREAS, on November 14, 2011 the Planning and Community Developmerrt Committee of the Aubum City Counal revi� the Planning Commission's �ecommendations; and WHEREAS, on November 21, 2011 the Public Wo�lcs Committee of the Aubum City Council reviewed the Planning Commission's recommendations; and. WHEREAS, on November 28, 2011 the Planning and Communiql Development Committee of fhe Aubum City Counal made a recommendation to the Cihr Counal;.and WHEREAS, on December 5, 2011, the Aubum City Council considered the proposed Comprehensive Plan amendmerris as recommended by the City of Aubum Planrting Commission. PIOW, THEREFORE, THE CITY COUNCIL OF THE C1TY OF AUBURN, � '� WASHINGTON; DO ORDAIN AS FOLLOWS: Se�fio� 1. The 2011 Comprehensive Plan cit�initiated AAap Amendments (CPA11-0�03) are adopted and approved as set forth in ExhbiCs 'A° and "B" as attached hereto and ir�corporated Fierein by reference. The City Clerk shall file Exhibits "A° and "B° along with this Ordinance and keep them available for public irispecxion. Section 2 The 2011 Compcehensive Plan Text Amendmerrts (CPA11- 0003), induding the amendments to the Ciiy of Auburn Comprehensive Transportation Plan, amendrtierrts to the Cityr of Aubum Comprehensive Sbortnwafier Drainage Plan, AmertdmeMs to the Northeast Aubum/Robertson Properties Speciat Ordinance No. 6394 November 29, 2011 Page 3 ORD.D Page 161 of 281 4 Area Plan, and various amendmerrts to certain chapters of the Aubum Comprehensive Plan (Chapter 3, Land Use; Chapter 4, Housing; Chapter 8, Economic DeveloPmer� Chapter 9; The Ernironmerrt; Chapter 14, Comprehensive Plan AAap; and Append'uc B) are adopted and approved as set forth in Exhibit "C" attached hereto and inoorpoc�ed herein by reference. The City Clerk sF�ll file them along with this Ordirtance and keep them available for public �on. The fult text of the Capital Facilities•Plan of the Cihr and the four school distrids Capital FaciGdes Plans are adopted with the City's Comprehensive Plan, copies of which shall be an flle with fhe Office of the Ciry Clerk. The City Clerlc.shall file them along with this Ordinance artd keep them avau'lable .for public inspe�ion. Counal adopfs 6oth the Planning Commission's recomrnendatidns, dated Odober 18, 2011 as amended by � the Planning artd Community Developmerrt Committee on November 28, 2011 and the findings and condusians outllried in the November 29, 2011staff report, both attached as Exhibit "D" Section 3.. Application CPA71-0001, Tertaoe Vew PropeAies, LLC Comprehensive P�n Map Amendmeirt, requesting a land use designation change from Light Commeraal to Heavy Commercial. .for property identified by parcel numbers 3121059056 and 3121059010 is approved as set forth in E.�chibit "E" attached hereto and incorporated herein by reference. Council adopffi both the P�nning Commissian's November 9, 2011 recommendations, and the findings and conclusions outlined in the November 29, 2011 staff report, both atffiched as F.�chbit 'D" Ordnance No. 639� Novembet 28, 2Q11 Page 4 ORD.D Page 162 of 281 Saction 4. Appiic�tion CPA11-0002, Segale Properties, LLC , Comprehensive Plan Map AmendmeM, requesting a land use.designation change to include within the Stuck River.Road Speaal Plan Area the propertie� identified by the toilowing eight. paroel numbers: 3221059001, 3221059002, 3221059003, 32'21059004. 3221059008, 3221059024, 3?21059026, and 3221059031 � approved a� set forth in Exh�it 'F° altach� hereto artd inoorpo�ated herein by referenae. A�o, the r+elated Compreh�sive Plan Tezt Amendmerns requesti� modification of the,description and purpose of the Studc River Raad and Mou�Rainer vsta Special Plan.Areas to Chapter 14, Comprehensive Plan Map, is approved as set forth in Ezhibit °C" atlached hereto and incorporated herein by reterence. Counci! adopts ttie Planning Commission's November 9, 2011 r�ecortimendations, as amended by tfie Plarining and Community DevelopmeM CommitEee on November 28, 2011 and the findings and condusions outlined in the November 29, 2011 staff' report, both attached as Exhibit"D" Section 5. The 2011 Comprehensive Plan amendmerrts modify the Comprehensive Ptan adopfied on August 18, 1986 by Resoiution No. 1703 and adopted by Ord'man� No. 4788 on $eptember 5, 1995. Saetion 6:The adopted Comprehensive Plan as amended is designated as a basis for the ezercise of substaMive authorily under the Washington State Environmer�tal PoGcy Ad by the City's responsible ernironmer�tal offiaa4 in acxordance with RCVN 43.21 C.O60. - Ordinanoe No. 6394 November 29, 2011 Page 5 ORD.D Page 163 of 281 � Sactlon 7. If arry.sedion, sutisection, serrtence, clause, phrase or portion of th� Ordinance or any of tt�e Comprehensive Plan amendmeMs adcpted herein, is for arry reason held invatid or unconstitational by arry Ccurt of competerit jurisdic6on, such portion shall be deemed a s�arafi�, distinct and 'mdependent provi�ion, and suc�i hofding st�fLnot efiect the va!'�diry of tl�e remaining portions Mereof. Section 6. The Mayor is hereby authcrized to implement sud� administrative prooedures as may be necc�sssary m carry out the diredions of this legislation to indude incorporating iMO one documerit the adopted Comprehensive Plan map and text amendmerrts, attached hereto as Exhibit "A", Exhibit"B°. ExhibR "C", Exhibif°D• Exhbit "E° and Exhibit "F° preparing and publishing the amended Comprehensive Plan. ' Section 9. This Ordinance shalil take effect �nd be in far�e five (5) days from and after its passage, approyal and pubGcation as provided by law. DEC b 2011 INTRODUCED: PASSED: DEC 6 2011 ,e,pp p: DEC 6 2011 � = J Peter B. Lewis MAYOR � � Ordinance No..8394 November 29, 2011 Page 6 ORD.D Page 164 of 281 ATTEST ' % � � . �Danielte E Dasl�m, City C�rk APPROVED AS TO FORM: Dan . _ . Hei ,- Cily AflomeY Published: ,(�,,,.�,��',1-e �/���..�� L""`..J Ordinance No. 8394 November 29, 2011 PaBe.7 ORD.D Page 165 of 281 Exhibifi D Agenda bilUstaff r+eport dated November 29, 2011, ^ � Ordinance No.6384 Novem6er 29, 2011 Page 11 ORD.D Page 166 of 281 * qTYOF —*.'�^ � wnsH�NCroN AGENDA BILL APPROVAL FORM Agenda Subjeat Date:November 2S;2011 Ordinanoe No:8394,CPA11-0OD1,CPA11-0002, &CPA11-0003, 2011 ComprehensNe Plan Amendments-Mrival Map Amendme�and L'feYt Amendmerds Dapaefine� Plartning and AtfaehmeMs: Budget 4npaet WA �Pm�t Ordir�ance No: 639a Am�drne.nt Summary Matrix 6inder Admin�e Reoommendafion: Cdy Gounol to inttoduoa az�d edopt.Ordinam�No. 6394 B�irAround Smnmary: The Cfty of Aubum adoptetl amendments to its Comprehensive Plan in 1995 in response-to the Washington State Growth Management Act(GMA)requirerrients, as amended. Since then the Aubum Comprehensive Plan has been amended ennuaiiy Comprehensive plan amendments can be initlated by the City of Aubum (city-initlated)and by private dtizens(pAvately-init�ted). This yeaF Me dry is initiating two rtmap amendmeMs and ten policy and Eext amendments. In additian,'this year the city iecsivad one privately-irfit�[ed plan map amendment and a combined request for a map amendment and associaced privatiely-in�iaEed policy/Eeut amendment. This staft report arid recarunerMation addresses aq of the proposed amendmeriffi cor�ng of: • Camprehen�ve Plan Nlap(CPM)Amendments CPM#18 CPM�12 (Ciry infiated) , � • Comp�erBive Pian.AAap CWJI_�Xi 8 CPAA#4(Pm��Y m��-e��P�Y) . PolicydText(P!n Amendmen�P�T t�1 through#10. (city initia0ed) • Policy/Text Amendment P!T#11 (private ini�ated) Comprehensive plan ameridments ere initlaliy reviewed during a publie headng prooess before the City of Aubum P�nning Commission,wlio then pro4ides a recomrrienda6on to ttre City Council for fi�l ae0ion. Ciry Cour�CiL Considerd6on and ei�cn on the amendmeMS will ooeur prtor to the end of this year I�vmwad 6y Counm a CmmNmeea: Rerlero0 by�6 Dialsioas: p'ans caen�ms�a+ cxiuNGL coeemrrrEes: ❑ eumme D enao 0 Airport ❑Frmnoe � Ce�netery ❑ Mayor ❑ Heming Exeminer Q AAuMdpal Servicas � Fina�e p Pmks ❑ Human'Sarvloes �� F�enNnB 8 Dev. ❑ Fire � Plenning � Pet1i808td �-Puh1leVYotkB 0 LeBal ❑ Palice � Planrring Comm. 0 Olher � PuWicUVorim ❑ Fluman Resournes C�Approqel: �Yes �No Courroil Apprwal: Yes. - No Call far Pubtic Hearing �� Rafemed to UnGI /J Tebled UMiI / / Councilmeml�er: Nom�an Staff: Snyder Meetin Date: Deoember 5 201� roem Number: Page 1 of 35 ORD.D �BU� * MORE THAN YOU 1MA�ageE[.�67 of 281 Agonda SuOJeet CPA11-00�1, CPA11-0002, 8 CPA11-0�03, 2011 Date:Novemtier 17, 2011' Cortipretfensive Plan AmendmeriB-Plan Map Amendments and Poti�y/Text Amendmerns � ; � Page 2 of 35 ORD.D AUBUR�T * MORE THAN YOU IMi�I9eE�8 of 281 Agenda Subject: CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date:November 17, 2011 Comprehensive Plan Amendments-?tan Map Amendmer�is and Policy/Text Amendmerrts At its�tober 18, ZOt 1 public heariny, the Planning Commission reviewed the following amertdments(Group#1): • CPM�Y1 —Cityr iniGated.Map AmendmeM for aty-owned stortn/flood ponds • CPMi12—City iniitiated AAap Amendmerrt for update to Natural Gas Map No. 6.2 • P/T#t —Inwrporabe the Aubian School Distrid Capitai Faa7ities Plan o PIT#2—Irtcorporabe the Die,ringer School Distrid Capitat FaaGties Plan . P/T�ki-Iriccrporate the Fedeiai Way School Diatric3 Capital Facilities Plan . P/T#4—Ir�corporaLe the Kerit Schooi District Capihal Faalities Plan • P!T iJ5- Ir►corpotafe the City's Capital Faalides Plan . PR�/8—Rev�e Transpor�tion Plan to reccgn¢e wortc of the Bicyde Task Force • PfT#7—Revise Comp�er�sive Stortnwater Drainage Plan for Project t3(A&B) modeGng o p!T#g—Update the previously provisionally approved NE Aubum/Robertson Properdes Special Area Plan : P!T i�9—Seven various housekeeping c�ang� o Revise for target populaDon numbers 8 ce�us data o Add new section on.Climate change,arni greenhouse gas emissions— o Recogn�Ewnomic Developmeirt Strategy Areas o Comprehensive'Plan Appendix 8, Reports and Studies, Incorporate the follouwng docirmerrts: Dawntown Urf�ari Core Task Foree DraR Fir�l Report& Bicycle Task�Foroe End Report o In Policy LU-1 S change the reference to"street.lights"in the desa'iption of road improvements wkhin the Resideritial 'Coruervancy zoning district o Clarify the tertn: "maiket faGor"as used 'm this Biiildable l:ands Sedion �- o Add policy statemerd to recogn�suppott tor and transition to ak�nffiively powared vehicles • PlT�10- Revise Cha�teta.to emphasize manufacturing land uses in lridusMal areas At.its Nuvember 9, 2011 public hearing, the Planning Commission reviewed the foilowing amendrne�s (Group#2): • CPNkfKi—Privats irribiated Map Amendmerrt tor Tertace Yew LLC, Change tvwo paroels from LigM Commeraal to Heavy Commerciai • CPMa14—Private initiated Map AmendmaM forSegate Properties LLC, Expand boundaries of U�e Studi River Road Speciaf Plan Area to indude additioaal ownership . Prf�11 —Private initiated PolicylText Amendmerrt for Segale Properties LLC. to revi,ge purpose and descriptlon oF the Studc River Road Special Plan Area. The Plarming Comm�sion has forwarded it recommend�cn to the City CouncB on all plan map and poGcy/i�ci Amendmerks. City Couricdl con.�ideration and adion on the amendmerrts is required to cxur prior to the end of this year The 20S 1 Comprehensive Ptan AmendmeMs were reviewed by the Planning and Community Developmerit Committee of the City Council on June 27, 2011„and November 14, 2011 The Public Works Committee of the City Council reviewed ttie amendmerrts at Meir November 21, 2011 meeting and requested that revisions to amendmerits,F/T# 11 and P/T�!8 be preseMed to Planning and Community Developmeiit Committee. The•Ptanning and Community Page 3 of 35 p� � � ORD.D L'1UBU� 'k MORE THAN YOU LAAA�ag�69 of 281 Agenda SubJaet: CPA11-0001, CPAt t-0002, &CPA11-0003, 2011 Date: NoJember 17, 2011 Comprehensive Plan Amendmerrts-Plan Map Amendments and Policy/Tezt AmendmeMs Development Committee at their November 28, 2011 meeting, forvvarded Ordinance No. 6394 for adion at the Deoember 5, 2011 City Council meeting with the changeg discussed by'the Public Waics Committee and as preserited by�a(f at the November 21, 2Att Ptanrting and Community Development Committee meeting. A Flndings 1 RCW 3B.70A.130 jllll�hirsgton State Growth Mamagemertt Act (GMA)) provides fa amendmeMs to locally adop2ed GMA sompreherisive ptans. Extept in timited areumstarices provided for in S�te law, compreher�ive plan amendmerrts shall,be cor�sidered by the aty or oounty legislative body no more frequently 4han oru�e per year. 2. The City of Aubum established a June 10, 2011 deadline tor the submittal of privately- initiated comprehe�ive plan applications (map or policyttezt). Notice ta the public of•tFie filing deadline was provided on the City's website, the Seattle Times, and seM to a compiled notificaHon list. The Cityr received one priwately-initiated plan map amendmerrt and a privately—initiated crombined poficyltext and map amendmerrt tiy the submittal deadline. 3. The City of Aubum received annual updates to the four school distrid capital facillGes plans whose disficts occur within the City of Auburn. These capital facilities plans, as well as the City's Capital Fealities Plan are referenced in Chapter 5; Capital Facilities, of fhe Aubum Comprehensive Pian and are processed as Policy/Text(P!� amendmeMs. 4. A Detertnination of NonSignificance was issued for the 7errace �ew Properties, LLC Comprehensive Pian Map Amendment (CPA71-0001) under city file SEP11-0009 on September 9, 2011 The comment period ended September 23, 2011 and the appeal period ended Octotier 7, 2010. No commertts have been received or appea�filed. 5. A Detertnination of NonSignifi�nce (DNS)was issued for the City-ini6atad Campreher�ive Flan Amenc�knerrts (CPA71-0002 8 CPA11=0003) on Odober 3, 2011 under City file # SEP11-0021 The commerrt period erMed October 17, 2011 and the sppeal period ended October 31, 2011 No oommerts have been reeeived or appea�filed. 6. The Aubum School Distrid issued a Detertnination of Non-Signficar�ce for the 2011 -2017 Aubum Sctiool Oistrid Capital Faalities Pian April 22, 2011, the Di�inger Sehoal Distrid issued a Oetermination of Non- Significance for the 2012-2017 Dieringer Schoof Oistriet Capital Faaffi� Plan July 8, 2011, the Fed�al Way School District issued e Detertnination of NonSigniRcance for the 2012 Federel Way School Distrid Capital Facilities Flan April 23, 2011, antl tfie Kerrt School Distrid issued a Determination af Non-Sign'rf'icance for the 2011- 201 Z through 2018-2017 Kent School DisVid Capital Faalities Plan June 7, 201� 7 PursuaM to RCW 36.70A.106, the proposed comprehensive plan amendmeMs outlined.for CPM#3 (CPA11-0001)were sent to the Washington State Office of Commerce, tormedy the Depardnerrt of Community, Trade and Ewnomic Devetopmerd (CTED) and other state agencies as required for the 60-day state review on September 9, 2011 The Washington Sfate Office of Commer�e aclmowledged reoeipt on September 14, 2011 No commeMs have been reoeived from Commerce or otl�state agenaes. 8. Pursuant to RCW 36.70A.106, the proposed comprefiensive plan amendments outlined for CPM# 1, 2 and 4 and P/T#! through#11 (CPA11-0002 and CPA11-0003) were seM to the Page 4 of 35 ORD.D !1V DURN 'k MORE THAN YOU IM�91IeE�0 of 281 Agenda.SubjeeC CPA11-0001, CPA11-0002, &CPA11-0003,2011 Date: Novemher 17,2011 Comprehansive Plan Amendmerds-Plan Map Amendmertts and Policv/Text Amendmer� Washington State Office of Commeroe, formerty the Departmerrt of Community, Trade and , I Ec�nomic QeveWpment (CTED) and other �te agenaes as required for tl�e 80-day state reviaw on October 3, 2011 The. Washington State Office of Commerce by teaer adcnowledged reoeipt on Odober 4, 2011 No commerd.s have been reeeived from Commerce or�st�ate agencies. 9. Due to the nature of the aty-inidated map amendmer�ts and the eity-initiated pelicy/be�d. dranges artd reoeipt aF only mie privately-initiated map amendment and one privately initiated combined poGcyRext and map change, an•optional �ooess of a putiGc open house was not c�ndueted. 10.The public hearing �otioe vv� published on October 7, 2011 in the SeaCle Times at le� t0-days prior to the Planrung Commission public hearing scheduled for October 18, 2011 Notices of the hearing were posted at City Hall, Cit�r NaU Armex, Public Library and Past Office. 11 The public hearing notice was published on October 28, 2011 inthe Seatde Times at least 10-days prior to the Plarming Commission pvblic hearing scheduled for November 9, 2011 12. Publie notioe was also provided to property owners within 300 feet of the aubject.site and, the property was postad with a land use notice board fhart inGuded the public hearing notice. 13.Aubum City Code Chapter 14.22 outlines the process far submittal of privately-initiated amendmerrts and the processing of tnmprehensive plart amendmeMs as follows: `Sec6on 14.22.100 ' A. The planning cammission shall hold at least one public hearing on all pmposed arrtendmerrts to ttie comprehensive plan. Notioe of such public hearing shall be given p�usuant to Chapter 1.2'7 ACC and, at a mirrimum, in�ude the following: 1 For site-speafie plan map amernim�rts: a. Notice.shall.be published once in the offictial newspaper of the aty not less than 10 caleridar c�ys prior to the date af pu�lic hearing; b. Nartice shall be mailed by first class mail to all,�awners of recorC wfthin aradius of 300 feet of the propo�d map amendmerit request, not less than 10 calendar days prior to the pubGc hearing; 2. For area-�aide plan map amendmerrts: a. Notioe shall be published once in the official rtewspaper of the city r�ot less than 1b calendar days priorto tfie daite af Public hearing; b. NotiCe shatl be.mailed by first class mail to alt properly o„mers of record within the•area subject to the proposed amandment; c. Notice shell be posted in at least Mro�nspicuous locaations in the area subjed to ttie pr'opesed amendment not less than 10 calendar days prior tio the�te of the public hearing. B. Notwithstanding the�above, the diredar may e�and the minimum noticing provisions rtoted above as deemed necessary C. Planning Commission Recommendation.The planning commission shall conduct a public hearing on all poteMial comprehensi4e plarf amendmerds and shall make.and forvward a recommendation on each to the city counal. The plarming �mmission shall adopt wntten fintlings and make a r�rtimendation censisteM xriU�thase fmdings to the cily cam�il. Page 5 of 35 A*�,, ORD.D �DU� * ��T� �U �Pa"I g�71 of 281 Age�da Salyeet CPA11-0001, CPA11-OOOZ, &CPA11-0003,2011 Date: Nrnrember 17, 2011 Comprehensive P�n Amendmerrts-Plan Map Amendments and Poliey/Text Amendmenffi , � D. The city council, if it eleds ta amend the comprehensive pian, shall adopt wrcitten findirtgs and adopt said amendmerrts by ordinance. E. State Review: All c�mprehensive pfan amendmerrts considered by the pl�ning commission shafl be forovarded for state agency review consisteM with RCW 36.70A.106. F Arry.appeal of an amertdmerrt to the comprehensive plan shall be made in accoriiance with Chapter 36.70A RCW. (Ord. 6172§ 1, 2008.)° 14. On November 14, 2011, and again on November 28, 2011, the Plannir►g and Community Development Cammittee of the City Counai reviewed the 2011 Comprehensive. Plan Arrtendmerns and the reccmmendations of Ure Pianning Commission. 15. On November 21, 2011 the Public Wo�lcs Committee of the City Cauncil reviewed the 2011 Comprehensive Pian Amendments.and the recommendations of the Planning Cormmission. 16.The foliowing report identifies all the Comprehensive Plan Map (CFiIA) and PolicylTexk(P!� amendmerrts that were heard by the Plannirtg Commission at their Odaber 18, 2011 artd' Novembe� 9, 2011 pubtic hearings along with the original staff recorrimendadon to the Plarming Commission and the s�sequent Planning Commission recommen�tion. OCTOBER 18, 2011 PLANNING COMMISSION PUBLIC HEARING M�'1 � Revise AAap No 14.t, Comprehensive Plan,to d�nge from LigM Industrial to PublidQuasi- PubGc; the desigrration of one c�ty-owned parcel cqMaining stortnwate�and compensatoty fload s�age porMs constructed as mitigation for.the S 277th Street.roadway improvement projed Dis�xission Iri 2002�the City of Aubum completed the reeonstrudion of east-west South 2T1°i Street rbadvvay 6etween Frontage Road NW (the north-soulh roadway; east of SR 16� and Au6um Way�North. T'he purpose af this reconstruction was to increase eapacity and to p►ovide grade separation of the roadway over the Bu�ngton Northem and Union Pacific Railroad lines. As part of this reconstruckon, the cfty undertook the construction of compensating flood stbrage ponds and stormwater ponds on the south side of the road to manage qie impacts and increased runoff from filling .and impervious surfaces from the proje�. Currendy, the comprehensive Plan designation of a parcel corttaining the flood storage and stortnwater ponds is paRiatly °LigM indu�ial' and partia9y 'PubGc Quasi-Public° To aacurately refled the enaimbrance of the property with the city-ovmed flood storage and stom�watar ponds, the desigr�ation is proposed to be changed to ony refleck "PubGc Quasi-FubliC The map revision would change dne paroel from `Light lndustriaY to °PublicJQuasi-Public', and smooth the bcuncJaries into a single unified shape. The parcel is iderrtified as tax parcel number 9360000184. Staff Recommendation Planning Commission to recommend approval to the City Counal Plannina Commisstion Recammendatiaon Planning Commission recommended approval to the Cityr Council Page 6 of 35 ORD.D �+�U� '�` ��THAN YOU 1M1�age�72 of 281 /�genda SubJeet: CPA11-0001. CPA11-0002, 8 CPA11-0003.2011 Da�e: November 17;2011 Comprehensive Plan Amendmerhs-Ptan Mep Amendmerns and Po�icY/Te�d AmendmeMs i I PCDC Recommend6tio» PCOC coricurred with the Planning Commission and recommends approval to U�e City Counal CPM Revise Map No. 6.2, Gas Pipefirtes; to update references and ir�fortnation shown. � At the Planrring and Communityr Developmeni CommiCee meeting on October 25,2010, the Council members asked that tfis aty update Compretiensive Plan Map 6.2, Natural Gas PipeGnes. A similar d'�scussion xras held at a subsequert Fublic WoAcs CommiGee meeting. The map requires updating since it shows a utility line that doesn't e�a'st and there is a line shown in the legend that is not shod�m on.the map. The Washinaton S'tate P.ioel'me AUas: Kin9 Caurrtv. Washirwton. Utilities anii Trarisportation Commission;'Pipeline Safety Program, 2010 Edittion, was corisulted for revisions. Also, P�iget Sound Energy was coMacted for infortnation on.the loeation af.their major transmission lines within 4he City The map was revised in response to these infortnation.sour�s. Staff Recommsndatfan Planning Corfimissiori to reoommend approval to the City Council P/artnino Commission Reoommendation Plannir�Commission recomrimeruled_approval to the City Council PCDC Recorrimendefion PCDC concurred wilh the Planning Commission and recommends approval to the Ciqr Counc� P/T iF Incorporate Aubum School Distrid Capital Faali�es Plan 2011 through 2017, adopted May 9, 2011 irito the City oi Auburn Comprehensive Plan. Drscussion The Aubum School District has provided the City with its annually updated Capital Faal'Ries Plan (CFP) covering irom 2011-20i7 The CFP was adopted by the Auburn School Distrid Schocl BoaM on May 9, 2011 and Fias been subject to se�irate SEPA review.and a Detertnination of Non-Signficance{DNS). Information cor�tained in the Schobl Distrid CFP serves as the basis for.the Cit�s collection of school impact fees on behalf of the school disfict The Planning Commission re�mmendation is incorporadon oF the Aubum School Distrid Capital FacilRies Plan irito the City's Comp2hensive Plan. A review af the Aubum Sehool.Distrid's updated Capitat FaaliGes Plan indicates the District is requestir�g a�ange in the fee obligations. The fee obligadon for single-family dwellings is proposed to be$5,557.30, an iricxe�e of$290.97 and for mufti-family dwelGngs a fee af 52,305.22, an ina'ease of$787.00: The aduat impad fee that is assessed is set by ordinance by tFie Aubum City Counal. 57aff Recommendation Rlanning Commission to recomme� approwal to the City Council Page 7 of 35 A,� �,, ORD.D �DURN * MORE THAN YOU 1MA�aWe.'173 of 281 Agende Subject: CPA11-0001, CPA11-0002, 8 CPAt 1-0003, 2011 Date: November 17, 2011 Comprehensive Ptan.Amendments-Plan Map Amendments and PolicylText AmeMments Plannina Commission Recar►mendation Planning Commission recommended approvai to the City Counai PCDC Recommendation PCDC concurreeJ with the Planning Commission and recommends approval to the Gfy Counal PR�2 Iricoiporate tl�e Dieringer School District Capital Facilities Plan 2012-2017 adopted July 25, 2011 as part of the Aubum Compr�ehensive Plan. Discussion The Dieringer School Distrid has provided the Cityr with its annually updaied Capifal Faalities P{an 2012-2017 The CFP was adopted by the Dieringer School District Board of Diredors on July 25, 2011 'fhe CFP has been subject to separate SEPA review and a DNS. Ir�formation conteinecl in�the School pistrict CFP serves as the tiasis for the City's bollecdon of school impact fees on behalf of the school distrid. A review of the Dieringer School Distrid's updated Capital Facilities Plan indicates the net fee obligation of single-family.dweflings of$5,881:00 and a negative net fee obligation of $1,304.00 foc mukiple family dwellings. While the disfid was not requesting a ctiange from last year's fees of$3,005. for single tami�y residerrtial and $D for muttiple family residential. The city received a request on 11-28-11 to retum to the historic fee of$3,500 for single family residential. The actual impact fee assessed is set by ordinanoe tiy the Aubum City Counal. Staff Reoommendatrort Planning Gommission to recommend approval to the Gity Councit Plarmino Canmission Recommendation Planning Commission re�mmended approval to the City Council PCDC RecommendaHan PCDC concurred wiw the Planning Commission and rec:ommerais approval to the City Council PR#3 Incorporate Federal Way School Distria Capital Faalities Plan 2012.adopted June 14, 2011 by the Federal Way School Board into the Ciry Comprehensive Plan. Discussion Ttie FeiiePal Way School District has provided the City with its annuafly updated Capihat Facilities Plan (2012). The CFP was adopted by the Federal Way School Distrid 5chool Board on June 14, 2011. The CFP has been subject to separate SEPA review and a DNS. Ir�formation coMained in the Schoot DistriG GFP serves as the basis for the Cit�r's collection af scfioo! impact fees on behalf of the school district. A review af the Federat Way Sc�ool Disfict's updated Capital Facilities Plan indicat�the Distrid is requesting a change in the fee obligations. The net fee obligation for sirtgle-family dwellings is$4,014.00, cepresenting no change and for multi-family dweltings is$1,253, a decrease of$919A0. The actual impact fee assessed is set by ordinance by the Aubum City Council. Page 8 of 35 ORD.D ` """U� * �� THAIJ Y�U -"-�age'f74 of 281 qgenda 8ubjeet CPA11-0001, CPA11-0002, &CPA11-0003,2011 Date: November 17, 2011 Comprehensive Plan Amendmenta-Plan Map Amendments and PolicylText Amendmerrts Staff Recornmendation Plarming Commissian to recommend approval to the City Council Plennirta Commission Re�mmentlation Planning Commission ►ec�mmended approval to the City Counal P_�DC Recommendation PCDC concumed with fhe Planning Commission and recommends approvai to fhe City Council PIT�4 Incorporate Kerrt Sd�ool QistriG.CapRal Facilities Plan Z011-2d12 to 2016-2017 adopted Jurte 22, 2017 irrto the City of Aubum Comprehensive Plan. Dis�ss�� The Kent Schoof Distrid has prov,ided its annually updated.2011-2012 to 201&-2017 Capitaf Facilities Plan. Tlie CFP was adopted by the Kerrt School District School Board on June 22, 2011 and has been subject to s�arate SEPA review arM a Detertnination of Non Signficanoe (DNS). Irrtortna6on contained in U�e School Distrid CFP serves as the basis for the City's cclledion of school impact fees on behatf of the school distrid.The Planning Commission a�dion is irt�rporation of the Kent School D�tr�id Gapital Facitities Piart iMo the Cityr's Comprehensive Plan. A review of the Kerrt School DistricPs updated Capital Faulities Plan indicates the Distrid is not requesting a change in the fee obligations. The Plan indicates the n�fee obligatiort for single-fami,y.dweUings of$5,486.00, represeMing no change, ar►d for muld-fam�ly dweltings a fee cf$3,378.�0, also represerding no change. The actual impact fee that is assessed is set,by ordinanoe by the Aubum City Counal. S�If Recommendetion Flartning Commission to rec�mmend approval to the City Council Plannina Commissron Recammertdation Planning Commission recammended approval to the City Council P�DC Recommendation P,CDG coriarred with the Planning Commission and recommends approval to the City Council CPM!k5 Incoiporate the City of Aubum's 6-year Capital Facilities Plan 2012-2017, irrto the City's Comprehensive Plan. Discussion A Capital Faalities Plan is one of ttie comprehensive plan.elemerrts required by the Washingbcn State Growth Management Act(GfVAA) (RCW 36.70A). The GMA requires that a capital faalides plan indude an inverrtory of ezisting capital faalities (showing loptidns and capacities), a forecast af future needs for such capital fauTities, proposed locations and capacities of new or ezpanded capital facilities, and a minimum of a six-year plan to finance capital fadlities with identified sources of furni'v�g. The proposed City of Aubum 6-year Cap'dat Faali6es Plan 2012- Page 9 of 35 ORD.D ` '""'U� * �� �� Y�U - -Fag-- e�75 of 281 Agenda SubJeci: CPA11-0001, CPA15-0002, &CPA11-0003, 2011 Date: Novem�r 17, 2011 Compreher�siva Plan Amendmertts-Plan Map Amendments arid Policyffext AmendmarKs 2017 satisfies the GMA requirements for a capitai faciiities element as part of the Comprehensive Pian. Each compreher�sive plan prepared under the GMA must indude a capital facilities plan elemeM. RCW 36.70A.070(3) of the GMA states the following: A capital facili6es plan elemer�t consisting of: (a)An inveMory of e�dsting capital faalitiss awned by public errtities, showirtg the locations and capacities aF the capital faalities; (b)a torecast of the firture needs of such qpitat facilities; (c)the proposed locatior�s and capaci6es of expanded or new capital fac0ities; (d)at least a six-year plan that will finance such capital faalities within projected furiding capacities and clearly identfies sour�es of pubGc money for such purposes; and (e)a requiremer�t to reassess the land use elemerrt it probable fund'mg faAs short of meeting existing needs and to ensure.that the land use elemerrt, capital faal'rYGes plan element,.and fnancing plan writhin the capital faaliaea plan elemerrt are caordinated and consisterrt. Park artd recxeation faal'�ies shall be induded in the capital facilities plan elemerrt. A r,apital faality is a strudure, street or utility system improvemerrt, or other long-lasting major asset, induding land. Capital facilities are provicted for public purposes. Capital facili6es indude, but are not limited to, the following: streets, roads, highways, sidewalks, street and raad IighGng systems, traffic signals, dorriestic vwater systems, storm and sanitary sewer systems, parks and re�ea6on facililies, and polieQ and fire protecdon facilities. These capital faalities include necessary ancillary and support facilities. The propased City af Aubum 6-year Capital Facilitiss Plan 2012-2017 is incorporated by reference in the Comprehensive Plan, Chapter 5, Capital FaciliGes. Stalf Recommendafion Planning Commission to recommend approval to the City Council Ptannino Commission Recommendation Planning Commission recommended approval to the City Council PCDC Recommendation PCOC recommends approval to the City Council with the following addition to the follawing addi�on. The tollowing goal and palicies be added to Chapter 2, "Goals and Policies' at page 13. °Goa15 Provide.public fdCilities that provlde a sense of communily that is i�lusive of diverse populations. Policy 5.1 .Contr�ute to community pride and fos�er a sense aF community through provision of pubGc facilities that create a commundy gatFiering place for neighbors,family and fiends. Policy 5.2 Through provision of public facildi�offer a broad range af acdvities promoting social irrteractians espeaally with new residents. Page 90 of 35 ORD.D �BUR�T * MORE THAN YOU 1M�19eE�6 of 281 Agenda 3ubjeett: CPA11-0001, CPA11-0Q02, 8 CPA11-0003, 2011 Date: November 17„2011 Comprehensive Plan Amendmerds-Pian Map AmendmeMs and Poficsrlrext Amendmerris Palicy 5.3 Provide maximum flew'bility and muMiple uses through design of public faci�ities that are adaptable to changing ir�teresb. Policy 5.4 Provide a community center fadlity that is financisUy feasiWe, affardable for participams, and can generate revenue to affset a portion of the operating cos�s." CPM#6 Revise the separate Comprehensive Transportation Plan to incorporate the work af the Bicycle Task Force Discussion The Compreher�ive TranspoKation Plan is a separate documerrt that is incarporated by referenoe iMo ihe City's Comprehensnre PNan. The 2009 Compr+ehensive Plan contained sub.4tar�ive updates to the City's non-motorized transportation.etements including bicycie havel. In respomse to Counal and�mmunity irrterest in bicyd'mg issues and opportuni6es, Mayor Lewis fortned the City of Aubum Bicycle Task Foroe in March 2010. RAayor Lexris charged the Task Force to develop recammendations on bicycle facilities, issues and opportunities cerrtered on the principl�af connections amor►g arid between the community, recreation and ecanomic developmern. The Bicycle Task Forc:e was comprised of 12 individuals plus represerrtatives irom Aubum School District, Green River Community Coilege and Cascade Bicycle Club that were irnrited to be part of Task Forc�. The Chair was Terry Davis and the�oe Chair was John Calnan who is a member of the City's Transporhation, Trails and Transit CommiCee. Trie Task Fart:e met a total of 14 times between Aprii 2010 and November 2010 indu�ng a 3 hour wmmiuiity tour cn Saturday, July 24, 2010 and a joint.meeting with Aubum Tourism Board and Aubum Dowrdoxm Assoaatian on August 12,'2010. The Committee worked on a variety of issues induding mapping of bicyde facilities and identificadion of bicycte related projeds and.prioriritiees. At the City Counal's Committee of the Whole meeting on November 29, 9010, Chair Davis preserrted the Task Force's recommendations to the City Cauncil. As a result of the Council support of these recammendations stadf has prepared updates to relevaM chapters of Me Comprehensive Transportation Plan that in�rporated these rec:ommen�tions. The Bicycle Task Force's recommendations are divided into short-tertn recommendations and long-term recommendations as follows: ShoR Term Recommendations: • Use Sharrows'/Share The Road Signage in residerrtial and some non-residential areas of �� • Implement a Pilot Program Concept for Sharrows/Share the Road consisting of: 0 1&24 morrth program peri� o Pre-established performance measuremerrts 'St�arrows al�known as�red�ne martcinys,are on-street legends that reinforae the�sting rules af the road.They are nat separate blke lanes:a motorist can still drive a�rer the�aisrnnrs. Motori�s should e�ect to see and shane the lane with bicydists.�artow�indica4e to bicyclists the best plac� to ride m the lana Sharrrnrs are typicatly used in lowitions where the roadx�ay width 's not adequahe bp provide dedica6ed bike fadli�es tir on downhill�wh�e bicydists might travel a similar speed as m�or vehicles. Page 11 of 35 ORD.D AUBURN 'k MQRE THAN YOU 1MA�INED age 177 of 281 Agenda 8ubjeet: CPA11-0001, CPA11-0002, 8 CPA11-0003,2011 Date: November 17,2011 Comprehensive PMan Amer�dmerns-Plan Map AmendmenTS and PolicyfText AmendmenLs , o Pre-established reporting protocols o Future policy co�ideration oppoRunity for Cit�r Counal • Continue instaliaYion of bike lanes in parts of City where there is existing/adequate rigM-of- way a Develop Aubum specific bicycle signage program to highlight corridors, connectors and in- city/out of aty destinations. o Make improvements to existing Irrterurban Trail —signage, pavement conditions, vegetation mairdenance, grade crossings, and upgrades to user facilities at AAain Street crossing. Long Teem Recommendations: • Develap capital improvement program project with wst estimate for design and construction of bicycle/pedesfian bridge at southem terminus of M S't. west of existing Studc River Vehide Bridge. � Develop capital improvement program projed writh cost estimate for design and conshuction of innovafive and safe pedestrian/bicyde crossing at M St.lAubum Way South irrtersec6on. e [nstall one or more bike boxesx through "pilot program" approach to test effectiveness and public response - possible locations West Main StreeUC Street iMersec,tion, M SVeeUAubum Way South intersection, Ellingson Rd/A Street intersection. • Install bicyde/pedesVian crossing waming systems along IrKerurban Trail at all crossing locations induding 2T!"'Street, 37'"St. MIV,West Main St. and 15'"St. SW • Develop an official Aubum Bike Map In addition, the Task For� presented the City Council with bicyde oriented economic developmerit recommendatiaris including: ■ Develop the Sounder Station as"starting poinY for bike dub rides. • Ralty the Aubum Dovimtawn Association and Aubum_Tourism Board to develop business support for bicyde riderslcreffie bike-friendly businesses. ■ Create fhe perception of Aubum as"Bicycle City of South King County" • Use sociai media to advertise Aubum as a bicycle fiendly corrimunity. ■ Conned with differeM types bicycle organizations abaut bicycling opportunities in Aubum. • Esta6lish an annual bike everrt in Aubum similar to Redmond Criterium and Enumclaw Days that offer bike awareness and other eveMs such as time trials, road races and multiple terrain recing. � Develop an annual road race on Aubum.streets; work with,promoters to have d'rfferent levels of road raang to appeal to muttiple types of riders. � Tie in with bicyde racing events at Pa 'af'ic Raceway such as weekly criterium races, mountain biking and CycEocross. 2 Bike Boxes are a traific c�trol device at signal�d ir�rseCdons that require motorists tp sOpp a short distance before tlie cossvvalk and allow bicyclisGs to stop in C�e area betweeri the cars and tlre cxosswalk Bicycle�give�cydists priority by albwing them to go to ttie h�d of tlie line Page 12 of 35 ORD.D �BU� * MORE THAN YOU IMAP I9 E1�78 of 281 Agenda SubJeet: CPA11-0001, CPAt 1-0d02, 8 CPA11-0003, 2011 Data: November 17, 201.1 Comprehensive Plan AmendmeMs-Plan Map Amendments and Policylfext Amendmerrts M w�cert with these recommendations, a new map referred to as Fgure 3-5 is proposed to be incorporated iMo the Comprehensive Transportation Plan.This map specifies a bicycle system composed of key northlsoutfi cortidors and easthNest cormectors. Statf Recommendetion Plarming Commission ta recommend approval to the City Counal P/annina Commission Recommertdafion Planning Commission recomrtierided approval to the City Caincil however, excluding the long- term recomm�dation for implementing a pilot program of bike boxes. The efrer.t is removing narrative#3, page 3-17 and policy TR-146, pa9e 5-19 of Uie Comprehensive TranspoRation ' Plan. PCDC Recommendation PCDC recommends approval in the City Council refaining the originaf staff proposed language which indudes the long-term recommendation for impiemerrting a pilot program of bike boxes. P/T#1 Revise the separate document Comprehensive Drainage Plan (CDP) to Revise Plan Projed Numbar 13(A&B), Flooding of 30th Street NE. Discussion Revise the separate document Comprehensive Drainage Plan (CDP) to Revise Plan Projed Number 13 (A8B), Floodiny of 30th Strcet NE. The Comprehensive Drainage Plan is a separate documertt that is incorporated by referenoe in the City's Comprehensive Plan at Chapter 5, Capital Faalities. The 2009 Comprehensive .Drainage Plan recognized that addidonal modeting of the Ptcject Number 13 (A&B), flooding of 30th Street NE rreeded to be conducbed � determine the appropriate method of addr�sing flooding problems withirt th9s drainage basin. TFie City has complateii the modeling and tias proposed to revise the follawing portions of the plan to indude the results and rerammendation of this modeting efFort. The foll�ring sedions are proposed to be cevissd: Executive Summary, Table ES-2, pg ES-S; Chapter 6, Capital lrnprovements, pg Cr19 thru fr20; Chapter 7, Imptemeritation Plan, pg 7-2 thru.7-4& Implementation Plan Timeline; 8 Chapter 8, Fi�naal Plan, pg 8-7 thru 8-9, Sta/f Reoommendation Planning Commission to recommend approval to the City Caunal P/annino Commission Recontmendation Planning Commission reeammerttfed approval to the City Council P�DC Recommendation PCDC croncurred with the Planning Commission and recommends approval to the City Council P,�$, Page 13 of 35 �TT ORD.D C1tJBURN 'k MORE THAN YOU 1�AA�Jage.�79 of 281 AgerWa 5ubj�t: CPAt 1-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17, 2011 Coinpreher�sive Plan Rmertdments-Plan Map Amendments and PoiicylTex!Amendments l3pdate the previous conditionatly-approved Northeast AubuMRobertson Properties Speaal Area Plan (Approved by City Council Ordinance No. 8183} — Referenced within Chapter 14, Comprehensive Pian Map Discussion This policy te�R amendmeM is to update the previous conditionafiy-approved Northeast AuburtVRobertsan Properties Special Area Plan that was pmvisionally approved by tlfe City Council by Ordinance No. 6183 in 2008. This Special Area Plan is incorporated by reference within Chapte� 14, Comprehensive Flan AAap. Chapter 14 oF the Cityr's Comprehens'ive �Pian identifies the Northeast Aubum SpeCial Plan Area that covers propetties eest of Autium Way North,.west of tfie extensiort of I ST NE, south of 2T7'" ST and noRh of appropmately 45ti' ST NE. This Plan is proposed to be updated prior to the end of ffiis year as part of the City's 2011 Annual Comprehensive Plan docket to reflect the cuRent development plans.and environmerrtal documeritation for the Aubum Gateway.Project. More specficalty, the ptan is being revised for the following reasons: • Impacts of the acquisition and development of an additional 11 acres by Robertson Properties Group (RPG) subsequerd to the origina! EIS; • RPG's determination to conduet phased project developmerit in two phases that could.be developed independerdly or joiMly; and, • Changes in city reguladons and development standards such as: o The city's adoption of new floodplain regulations may affect the proposal. Unless, future projed is othervvise exempt under the provision of ACC 15.68.130, ttfe prcject is located in a Special Flood Hazard Area (SFHA} and Riparian Habkat Zorte (Rii� and would be required to obtain a City of Aubum Ffoodplain Developmerrt Permit, including the submittal of a.habitat impact assessment report; o City adaption of a critical areas ordinan�; o Changes in Comprehensive Plan transportation policies; and • Changes in extemal cir�urt�sfamc�s over the irrtervening period af time induding the completion of the Port of Seattle's adjacent wetland mitigation property coristrucGon, the �mpletion of the Trei! Run Plat and the completion of MoMerey Park Plat and assoqiated I Straet NE extension) The proposed changes are shown in the original documerrt with strike through arM underlirre to indicate revisions. Staff Recommendation Planning Commission to recommend approval to the City Council Plannirra Commission Recommer►dation Planning Commission recommended approval to the City Council PCDC Recommendation PCDC concurted with the Planning Commission and recommends approval to the City Counal PtT ii9-VARIpUS(seven misceUaneous amendmaMsl Item 9-A i Revise for target population numbers &census data-Chapter 3, Land Use; Chapter 4, Housing and Chapter 8, Economic Development Page 14 of 35 A, T ORD.D 1`u1BU� '� MORE THAN YOU IM�ge�f80 of 281 Agenda Subject: CPA71-0001,CPA11-0002, &CPA1S-0003, 2011 pate: Novemt�r 17,2011 Comprehensive Plen Amendmerns-Plen Map Amendments end Poiicvlfext lvnenqmerrts f l Tfie Cit�r is praposing to revise the text of three chapters (Cha�ers 3, 4&8) and two figures within these chapters (Figure 4.5 and Fgure 8.1) of the Comprehensive Plan to updabe the changes in eity population as reported by U.S. Census Bureau (American Community Survey) artd popuMation target data. In 1997 the Washingtan State legislature adopted a Buildable Lands amendment.�the Growth Management Act(Gl1AA) (RCW 36.70A.215). The amendmertt requires certain Washingtan State courrties and their aties to determine the amouM of land suitable for urban development and to evaluate their capacity for growth based an past developmerrt history. Both Pierce and King Courrties are subjed to tl�e State Buildable Lands requirement. In additiort, both courdies use the Buildable�Larrds effort to assisi in the alloeation of populatiwdhou�sing uniHemptoymeM targets to individual jurisdictions within the respective �unties as required by the GMA.The first buildable lands reports were based upon data through 2002; the second reports, published in 2007, are curtertt through 2005. The next s�uled update is 2012. In between the required reporti�time periods the populffiioNhousing uniUemploymerrt ffirgets are estimated. The Buitdable Lands analysis irnolves the identification of vacarrt artd redevelopable land suitabte for developmerrt.over the planning hor¢on, generaUy 2U years. Land sukabil'dy takes irrto consideration estirima2es of how critical areas, larii!that might be needed foi public purposes (e.g. parks, stortn drainage), artd lartd needed for fi�ture streets wiU effed developmerrt of these vacarrt and redevelopabte par�Is. Stafl`Recanmendffiion Plannirig Commissi�to rec�ommand approval to the Cit}r Council Plannirm Commission RecommendaGon Plarming Commission recommended approval to the Cityr Counal PCDC Recommendation PGDC concurted with the Planning Commission and recommends approval to the City Council IteR19-B Add rtew section on Climate change and greenhouse gas emissions-Chap�r 9, Environmerrt, Objective 18.6-Energy Ef�iciency Discussion tn 2009, the City Caunal adopfed Resolution No. 4477 resolving to join ICLEI — Local Govemmer�ts for Sustainability (ICLEI- acronyms inteMionally don't mabch) artd pledging that the City of Aubum would•undertake IGLEI's frve milestones approach te reduce greenhouse gas and .air pollution emissions. In 2010, the City completed an inverttory aT tioth. muniapal and �mmunity greenhouse gas emissions using a 2008 base yeaz The inverdory, errtided. Greenhouse Gas InveMorv for_tF►e Gitv of Aubum. VUashinaton. included base year estimates cf greenhouse gas emissions and einissions forecasts for years 2015 and 2020. In 2010, the irnrenfory was adopted as a policy backgreund documerrt for the Cityr of Aubum Compiehensive Plan (see Comprehensive Plan.Apperidix B). To build. on this policy direction; the City is ,proposing to add faur policies ta Chapter 9, EnvironmeM and also proposes to move the City's P2ge 15 0!35 ORD.D �U� 'k MURE THA1V YOU IMA�age 181 of 281 Agenda Subjeet:. CPA1 i-DD�1 CPA11-0002, &CPA11-0003, 2011 Date: November 17;2Q71 Comprehensive Plart Amendments-Plan Map Amendments and Policylfext Amendmertts existing objective and five policies related to air qualRy (Objective 18.2 and policies EN-18 through EN-22) to this section. Staff Recommendation Planning Commission to recommend approval to the Cityr Council Pfanning C�mmission Recommendation Planning.Commission recommended approval ta ihe City Council PCDC Recommendation PCDC concurred with tFie Planning Commission and recommends approval 10 the City Counal Item 9-C Recognize Ecarmmic Development Suategy Areas-Chapter 3, Land Use, Chapter 8, Economie Developmeni, p�ges, Chapter 14, Com�mehensive Plan Map Aiscussion The City is proposing to revise the teut of three chapters of the Comprehensive Pian to recogn¢e additional economic strategy areas. In 2005 the dty convened a focus group of business and community interests to ideritify economic development opportunities within the city. The resulta of these efforts were. documented in the Ec�r�omia DevefoomeM Strateaies;dowmerrt. It identified approac�es and acbons assoaated•with siz speoific areas of the aty: During the 2011 ary counal_retreat, two additional areas of the city were iderrtifled as additions to the 2005 E��omic Development Str�ategies doaimerns' siz stiategy areas. These eigM economie developmeM strategy:areas are targeted for populadon and employmerrt growth to meet the City's 20-year (2031) growth target. The reheat also recommended sut�area plans should be developed for these�strategy� areas. Trie eoonomic de+relopment strategy areas are as fo�tows: . Autium Way North Corridor • Auburtt Way South Corridor • Urban Cerrter • Aubum Environmental Park and Green Zone • 15th StrBet�SW/C Street SWMlest Valtey HighwaylSupermall • A Street SE Corrido� • SE 312th StreeU124th Avenue SE Cortidor • M Street SE between Aubum Way North and Aubum South The proposed policy changes generally add language to recognize the addition of the new economic strategy areas. Staff Recommartdetion Plannieg Commission to recommend approval to the Cityr Counal Plannirro Commission Recommenda6on Planning Commissipn recommended approval to the City Council PCDC Recommendation PCDC conciimed with the Planning Commission and recommends approval to the City CounciP Page t6 ot 35 ORD.D �URN * MURE THAN YOU IM/�age�82 of 281 Agenda SubJect• CPA11-0001,CPA11-0002. 8 CPA11-0003,2011 Date: NovemDer 17,2011 Ccmprehensive Pian AmendmerAs-Plan Map AmendmerKS and PalicyfText Rmendmenls Iterrl9-D Cortiprehensive Plan Appendix B, Reports and Studies, Inccrporate the following documents: Downtown Urban Core Task Foree Draft Final Report 8� Bicycle Task Foroe End Report Qiscussion Appendix B of the City's Comprehensive Pian daximerrt lisffi and summarizes reports that have been prepared ar availabte as backgraund to the Cort�prehensiva Plan. The general objective of these proposed policyRext amendmerrts is to update and increase the consistency of U�e Compreher�sive Plan. A summa.ry af.the Downtown Urban Core Task Force Draft Final.Report 8� Bicycle Taslc Force End Report (a power paM preserdation) is proposed bo be summarized. Staff Recommendation Ptanniitg Commi�ion to recommend approval to the City Counal P/annina Commission Recommerrdatiar Planning Commission re�mmended approval to the City Counal PCDC Recommendation PCDC concc�rted with the Planning Commission and rec�mmends approval to the City Council � In Policy LU-15 change the r�eferen�tp "sVeet lights" in the description of road improvemeMs within.the Residerrtial Conservancy mning distrid, Chapter 3, Land Use, Goal 7-Residential DevelopmeM � At the December 13,.2010 Planning..and Community Development Committee (PCDC) meeting of the dty council, during the discussion of 2010 annual comprehensive plan amendmerrts, the councit members asked that the following change be identified for a future amendment. It was noted that there are street IigM�s writh Residerrtial Conservancy designated arras of the city; so tc say that there are none is the doaurierd currerrtly does is irtaccurate. The provision of street lights was compared to ihe Cily's Public Works Desigri Sffindards. The Design Standards provide that street lights are only required at street irstersectiorts so the policy sffitemerd is being r�evised to agree. SYaff Recommendation Plenning Commission to rec:ommend approval to the City Council Plannino Commission Recommendetion Planning Commission recammended approval to the City Counc;il PCDC Retaommendation PCDC cancurred with the Planning Commission and recommends approval to the Cityr Couna! Itetrt 8-F Clartfy the term: "market factor"as used:in this Buildable Lands Section, Chapter 3, land Use, Buildable Lansls- Land Supply and.Development Capaaity " u ' n Page 17 of 35 �*T ORD.D �'1UBU� 'k MOR� 7NAN YOU IMA�age�83 of 281 Agemla SubjeeY. CPA71-0001, CPA11-0002. &CPA71-0003; 2011 Date: November 17,20'11 CompreFiensive Plan AmendmePos-Plan Mep Amentlmer�ts and PoGcy/Text Ame�Mments At the Odober 25, 2010 Planning and Community Development Committee(PCDC) meetir�g of the.uty oounal, during the discussion of 2010 annual comprehensive plan amendmer�ts ftie ccuncil members asked that an explanation of"market factor' be added to the text in Me future. In th�context'market factor° is used to adjust the amaurd of vacarrt and redevelopable land that is not reasonably expected to became available during the ptanning Fior¢on. Campreherisive Plan, Chapter 3, Land Use, page 3-3, under the section headirig of. `Bw'Idable L.ands—Land Suppty artd.Developmerrt Capaaty°is being changed to add further explanadon. �il Recommendation Planning Commission to rec:ommend approval to the City Council Plannina.Commission RecommendaHon Planning Commission recommended approval to the City Counal PCDC Recommendation PCDC eoTipiriied with ths Planning Commission and rec�mmends approvai to the City Counql �1.$�+ Add policy s�tertsent to recognize suppoR for and traruition to altematively powered vehides Chaptec'9, Environmerrt, Objective 18.6, Enefgy Effiaency .p�scussiai As paR of fast year's amendmerrts, a new poiiey EN-41.A was added to Objective 18.6(W�ithin Chapter 9, The Environmerrt)to provide policy support for future change in developrner�t , , reguladons in �esponse to House Bill 1481 adopted in Apn7 2009,to encourage the tPar�sition to electric vehicls �e. At the Ptartning and Community Devetoprrierrt Cammittee(PCDC) n�eeting of the city�uncil, during the diswssion.af 2010 annual comprehensive plan artiendmer�ts�e courial members aglced that the policyr Oe modified in the future ta reccgn¢e other aRematnre fortns of power for vehides. StaflRetnmmendatiort Pfarmirig Comm�ssion to recommend approval to the City Council Plarmina Commission f�commertdatian Plarming Commission recommended approval to the City Council PCDC Recommendation PCDC�ncurred with the Planning Commission and recommends approval to the City Council P1T#10 Revise discussiort and/or policies to emphas¢e manufactunng land uses in industrial zones Chapter 3, Land Use; Ctiapter 8, Economic Development; Chapter 14, Comprehensive Pian Map Discussion The Washington SYate Legislature passed Substitute Senate Bill 5089 on March 22, 2007 that became effective on July 1, 2008 that�anged Washingtori's sales tax colledion system from an origin-based system for loql retail sales tax to a destination-based.system. Prev'iously; W�hington rehailers c�llected local sales taz based on the jurisdiction from which a product �' ' was shipped or delivered -the"origin"of the sale. Preserrtly, they must collect based'on 4he Page 18 of 35 ORD.D �B�� '+` �� T�N YOU 1Mt�age�'f84 of 281 Agende SubJecC CPA11-0001, CPA11-0002, 8 CPA11-0003, 2017 Date: November 17,2011 ComprehensNe Plan Amendmenls-Piarf Map Amendmerrts and Poi&,Y/Te�d Arnendrne�s destirretion of the shipmant or delivery-the"destinaBon"of the sale. Destinatim�-based safes tax appGes only to businesses that ship or deliver the goods they�A to locations within Washington. Under the d�tination hased system, if a'etailer delivers ar shi� merd�arulise to a buyer in Washington State,the sales tax is collected based on the rate at the location whece the buyer receives or takes possess'ion of the merchandise. The destination baseii system has stirfted fhe distri6ution of Ixal safes tax around the state. As a result of this Iegisiation,the City of:Aubum has e�erienced a net loss in.sales tax revenue total'mg approximatety S2 miltion annually due ta the large pre�nc�of warehousing and di,gtritiution uses in the CHy.While the Clty has been a reapient,of sales tax midgation paymeMs irom the State of Washington that hes served to oi[set�ese losses,the corrtinued availa6ility cf these paymerds is not c�rtain due to curterrt and future State buc�et issues ln November 2004,the City Counal approved Resolutiior►No. 3782 that outlines an approach and actions the t5ty wll take related to Iand use planning, mning and other mattets in the eveM a streamlined sates tan.pro�OSal or ott►er similar proposals U�a2 chartge the ta�c struclure are adopted. Induded in this resolution is�rection to cor�sider_amersdme�rts to the comprehensive p{an and uning codes to reevaluate the existing indusbial I�d use designations and pattems in the Cityr. To ensure the City's long-term ability�ta invest in pubfic infrastrudure and services r�nains viable, the Cily must pursue.implemeMatian of poliaes that.incertivize the transition of curtert and tuture land uses in its industrial zones away from di.stri6ution and warehouse uses. The Cityr believes that manuFacturir�g and industrial land uses should over time largery replaoe warehouse and distribuuti�on land uses currerrtly existing in ihe Ciry and tha! arry future warehouse and distribution uses should be� anallary to and necessary for the conduet of manufac4rting and indushial �. Manufacturing and industriat uses are more appropriate and beneficial tlunugh higher and better us8 of the land. �hanced�nploymerd densiGies. inCreased ProPertY ta�c revenues and poter�tial or�-site sales tax revenue generaatiion for reeeipt ot materials and other gooc� and services. In eddition, the Cify be6eves that polides that promote and incernivixe greater retail uses in indusfial districts should be imptemertsd to increase the City's over�t base of ret�l use,s thereby incxe�ing the City's overall�Ilection of sales�c revenue. Text amendmeMs to Chapters 3 (Land Use). 8 {Eoonomic DevelopmeM) ar�d 14 (Comprehensive Plan Map) ot the.Comprehensive Plan have been prepared to aeate a policy foundation for the promotion and irtcentnrization of manufaduring and 'mdusfial uses in industr�l zoning districts ta increase the overall diversity artd number of these uses in the Citq of Aubum. In addition, bext amandments that support the 'irtcxeased allowance of retail uses in the City's industrial zoning districts have been prepared. These amendments would t�eate a pofiry fremework to support dd�ranges in the City's zoning wde that would lead to greater use flexibiliry for these uses in industrial uning districts, thereby assisting in increasing tlie Cityr's overall reteil base and its colledion o!associated sales ta�c revenue. Staff Recommendation Plarming Commissicn to ret:ommend approval to the City Council PJannina Commission Recommendation Planning Commissian recommended approval to the Cdy Council PCDC Recommendation PCDC conciirred with the Planning Commission and recommends approval to the City Counal Page 19 of 35 ORD.D ' `—�U� * ���� �U - - Fag�85 of 281 Agenda 8ubJeeC CPA11-0001, CPA11-0002, 8 CPA11-0003,'2011 Date: November 17,2011 Comprehensive Plan Amendmenb-Plan Map Amendments and PoUaYf�'ext Amendtnerns , NOVEMBER 9, 2811 PLANNING COMMISSION PUBLIC HEARING CPAA if3 1 The applicaM submilted a comprehensive plan map amendmeM apptication on June 9, 2011 by the su6mittal deadline of June 10, 2011 The mmprehensive plan map amendment epplication seeks to change the mapped land use designation for Mro parcels shown on Map No 14.1, 6Ued Comprehensive Plan. 2. The apptication was submitted by Jon Cheetham, Managing Member of Terrace �/rew Properties, LLC on behalf of the limited liability corporation, applicar�t. 3. In addition to the Comprehensive Plan map Amendmerrt, the applicaM submiCad an ernironmental chedclisst application. 4. The applicxtion seeks to change the comprehensive plan land use designation for two parcels located on the east side of A Street SE (a.k.a. East Valley Highway) from °light Commeraal"to °Heavy CommeraaP The parc.els are identified as tax parcels: 3127059056 and 31221059010 and together cor�tain approximatery 2.22 acres. The properties are idertti6ed as being located at the address af 5680 A Street SE. 5. The two pa� have bearr previausly cleared and developed. The majority of the area is graveled and the southem paroel contains a mobile home%ffice that appears vac�nt. 6. The ac�aoent street. A SVeet SE is desigr�ted a prindpal arterial str�et in the dty's Comprehensive Transportation plan. 7 The property is located within the King Caunty portion of the City of Aubum. N was armexed to City in 1962 by O,rdinance No. 1492 and was originally mned UNCL, undass'�ied which assumes an R1, Single Family Residential standard (refemng to the former code designation, system). The properties were subsequeMly ehanged to R2, Single Famity Residential (referring to the fortner code designation system) in 1987 and then subsequentfy changed to C7, Light Commercial. 8. The curt+ent Comprehensive Plan designation, zoning designation and land uses of the site amd surraunding properties are as follows: Com sive Plsn Zoniog Land Use Site Light Commercial CI,Light Commercial Vaceat wit6 mobile homeJot2'ice North LightCommercial Cl, LightCommercial Sin le.famii resideatial South Light Commercia( C I,Light Commercial Conswction Cof►tractor's yacd in Pierce Co. portion of Auburn Page 20 of 35 ORD.D �BU� * MORE THA.N YOU lM�1geE,B6 of 281 Agantle Su0j9C� CPA11-0001, CPA71-0OD2, &CPA1'1-0003,2011 Dale:Noverr[ber 17,2011 Cctnprehensive Ptan Amendmerds-Pian Map Artiendmertts and Polic�HText ArnendmBMs East Moderate Densiry R-7(Residential 7 Uadeveloped farested-_ Resideatial du/acre hilL�de � West City limit brnmdary West of A Stteet SE 8c A Steeet SE and and m B North ��$iQ° BorlingtoaT(oRhan, Pacific City limits, T Railroad luu desiAtated . railroad Ime wiffiin city . _ ._ . _ . . . d�i��"�P�SP� "�P�� ���' limits and vacant d ofPacific. _.. ..._. ._ _... �Y� . limits , � Page 21 of 35 A4�, ORD.D 11VDURN 'k MORE THAN YQU IMAP, 9INE 87 of 281 Agenda Sabject CPR11-0041, CPA11-0D02, &CPA11-0D03, 2011 Date: Navember 17 2011 Comprehensrve P(an Amendmerrts-Pian Map Amendments and Policylfext Amendments 2Q11 Proposed Comprehensive Pian Amendmant Map:CPAll-0001,TV LLC � �STING - — -___I — _ ._, 1 - � � � j ' i ( _ , m IE � i ` ; ;. I i f -L-11 I - -- - - � � � � ROPOSED 4 � ' I � ^ � � I � m � I r�. ��_ � � � I I I i _ ( ' � -- —L i — � :�'_--_ — � � y I i � S � � � � ----. ._____---- �r,waro�aa.o�m� � sm�mo�nc�nm�w �,wwncm�ww � .�—� �\V 1'mV�dLOtlltrlkaiDbwn i I L4W(:mnmertul �! � WeeY -, � r� �� l_J � �BM.Ponb RmiJnuu�1 � FIe.lCaomert'sl , `y. . .'�. 1 1 Page ZZ ot 35 ORD.D �'�1�� 'k MORE TH.AN YOU TAAAPa9eEU�8$ of 281 Agemla Subjeet: CPA11-0001. CPA11-0002, 8 CPA11-0003, 2011 Data: November 17, 2011 Comprehensive Plan Amendmer�L-Plan Mep Amendmerrts and Policylfext Amendments 9. The purpose of the comprehensive Plan is to provide a policy b�is for the future mning - changes to ensure that the Comprehe� plan and Zoning Ordinan� are consistent aa required by the following city code sedion: "ACC 74.22.050 CoMormance and consistency. The zoning, land division and other developmerrt codes corrtained or referenced within Aubum City Code shall be consisterd with and implemerrt the i�eM of the eomprehensive plan. Capital".budget decisions shall be made in confortnity with the comprehensive plan. ° 10.The City crode provides certain criteria for decisions for camprehensive plan amendmerrts as follows: °ACC 14.22.110 Deeisicn crite�fa for plan amendments. A. The wmprehensive plan was developed and adopted after signficard s�dy and public partiapation. The prinaples, goals, objedives and polides contained thetein shall be graMed substantial weigM when donsidering a proposed amendment. Therefore, the burden af•proof for justifying a proposed amendmeM rests with the applicant, who must demonstrate that the reqt�st cart�plies with andfor rela�es to the tollawing decision criteria: 1 The proposed change will further and be consistert with the gaals and objectives of the plan and the plan will remain iMemally consisterrt; 2. Whether the cspacity to provide adequate services is diminished or increased; 3. Assurnntior� upon which the comprehensive plan is based are found to be invalid; 4. A determination of change or ladc oi ehange in conditions or arcumstano� has occurred since the adoption of the latest amendmerd to the speafic section of the c�mprehensive ptan.that didates the nesd for a proposed amen�nerrt; 5. If appGcable, a determinaticn that a que�ion af consistency exists between the comprehensive plan and Chapter 36.70A RCW, the countywide plarming poliaes for•either King and/or Pier�e Courrty, as appropriate, and�sion 2040: Growth and Transportation Strategy for the Puget Sound Region.° 11 The flrst criterlon Is that the change must fureher and be wnsisteM.with the goals ara! objectives of tde ptan and the plan wilt r�nain i�emally eor�slstent The Comprehensive Plan corrtains a number of areas of policy guidance that relate to this apptication. Chapp�teer 14, Comprehensive Plan Map, starting at page 1490 provides the following purpose and descrippon of the 'Light Commeraal' Comprehensive Plan designation: "Purpose: To crea0e people oriented commercrc�aal areas ta supply a wide range of general commeraal services to area residerds." "Descriprtion: This category represeMs the prime commercial designation for small �. moderate scale commer�ial activfies. These commercial areas should be develcped in a manrter which is congistent with and attreds pedestrian orier�ted 8ctivities. The Page 23 of 35 �* �,, ORD.D 1`�IJDU� * MORE THAN YOU 1M�rage�89 of 281 Agenda SubJect: CPA11-0001, CPAi t-0002, 8 CPA71-0003,2011 Data: Novem�r 17,2011 Comprehensive PNan Amendmerrts-Plan Map AmencJments and Policy/Text Amendments i am6iance of such areas should encourage leisure shopping and should provide ameniGes conducive ta attrading shoppers." "Compati�e Uses: A wide range of consumer orierrted goods and seroioes are compatible within this designation since the emphasis wouid be on periormance diteria which create an attractive shopping environment. However, uses whlch re(y on direct aecess by vehieles or irnrolve heavy lruck trafiic (o�er than for merchandrse dellvery) are not approp�ate fn thls caiegory. Unsightty outdoor storage and similar activities shauld be prohibited. Permitted uses would cor�sist of retail trade, offices, personal servii�s, indoor eating estabiishmerrts, financial institutions, govemmerrtal a(fices, and similar uses. Mu�iple family dweltings shoutd be encouraged as part of mized-use developments where they da not intertere wRh the shopping characte� of the area, such as writhin the upper stories of buildings. Since tavems can break up the corrtinuity of peopte onerrted areas, tavems woutd be pertnitted gen�ally only as a conditional use. Drive in windows should only be allowed as ancillary to a permitted use, and only when carefully sited under the eortdrtiar�l use permit.process in order�ensure that an area's pedestrian erivironment is not seriously afrected." (EmphasFs adaaed) "Criteria for Designation: This designation should include moderate sized shopping csMers, and centrally located shopping are�. This designation shoutd be prefemed for commercial sites where visual and pedestrian amenities are an importarrt concem outside af the downtovm." "Considmretions Agalnst Applying this .Designadon: CanmercJa! areas Whi�h cannot be readlly separated from /righ traffle volermes(sueh as shaflow/ois a/ong ' bnsy.arterfals) sNould not be induded tn thls desig►ratlon. Areas not large enough for separation irom any adjacent hesvisr commercial or industrial area should ndt be designated as IigM commerciat. (amphasls added)• "Appropriate Implertfe�tion: This designation is implemented by the C-1 Light Commerciat District. This district provides for a wide range of small and moderate scale eommercial orierrted towards the leisure shopper and pedestrian oriented activities." 12. For comparison, Chapter 14, Comprehensive Pfan Map, starting at page 1412 provides tfie following ;purpose and desuiption of the 'Heavy Commercial' Comprehensive Plan designation: °Purpose: To provlde automobi/e oriented commeraal areas Lo meet both the /oealartd regional needforsuch se►vlces.° "Description: This category is intended ta accommodate uses which are orisr�ted to automobiles either as the mode or target of providing the commerciat servioe. The category would also acxommodate a wide range of heavier commeraal uses irnrolving extensive storage or heavy vehioular movemern." °Compatible Uses: A wide variety oi commercial services oriented to automobiles are appropriate within this category. This indudes automobile sales and service, drive in restaurarrt or other drive in commercial business, cornenience stores, ete. Since the�e uses are also compatible with heavier commercial uses, lumber yards, small scale Page 24 of 35 ORD.D 11LJDU� 'k MORE THAN YOU 1Mt��0 of 281 Agenda SubJee� CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: Novem6er 17,2011 Ccinprehensive Plan AmendmeMS-Plan Map Amendmerris and Polie�rlfext Am�dmerKs warehousing, corrtractor yards and similar heavy comrrtercial uses are appropriate in this , designation." °Crlberla for Deslgnatloe: Thfs aleslgRatlon should only be applfed to arws whfch are high/y a�ee�ssib►e to aammoblles a/w�g m$jor artenials.. (�nerally fhis category woWd eharacterize commercfal strip,s. 7Ms z+one is approprtate for�e l�ctlons of haav3h+ 6ave1eal arterla�s, eyen if adja�n2 sites are best suited far another corrimercial designation.°(emphasis addeaQ °Considaralions Agsinst Apptying this Designation: Areas which conflid with single Tamily.residerrtial areas or ar'eas more.su'�ted fcr ottier uses. Whenever possible this category shauld lie separated frum all uses by extensive bufFering.° "Appropriate lmplame�atton: This category is implemer�isd by the G3 Heavy Gommeraal�istrict.' 13.Also, later in Chapter 3, Land Use, the documerd describes the purpose of the cammerciai land use designations aF the plan. Tt�e comprehensive plan provides the followine guidance an comme�cial uses loca6ed alorig transportation corridors: "Highway Comme�ial "While commercial uses along arterials (aRen called "strip commercial" developmeM) provide impoRant servio� to community residents, the prol'rferafion of commercial uses along arteriais raises several land use planrring issu�. On the negative side. strip c�mmercial devetopmerrt creates traifie flow prbblems and coMlict with adjacent land uses. Due to their"IineaP' nature,.commeraal strips resuft in a maximum area oF contad bet�xeen commercial uses and other land uses resulting in a high poteMial for far�d use corrflicts. Poor visual character due to excessive signage and archibectural atyles designed ta atd�ad atterition instead of promoting a sense of community is.an additional cencem. PedesUian shopping is. .made difficiift, resulting in greater generation of automobile traffic, and large fields of asphak parking lots are needed to accommodate single purpose vehide trips.° °Despite the problems assoaated with commercaal developmerrt along arterials, marry such:focations are often quite unsuitable for other uses, due to the unnpacts assoaated with heavy traffic volumes. Also, many commeraal use's thrive at such tocations due to high visil�lity and acxessibility The.Plan seeks to manage existing arterial crommercial areas to talce advantage of the accessibility they provide; while minimizing V�c and land use co�ticts arM improving their visual appearance through an enhanced design review process and deyelopment standards." "Objedrve 9.3. To encourage the.appropriate use of areas adjaceM to heavily traveied arterials while minimimng land use arni traffic cor�fl'icts by: • "Managing the cordinued commerciaf developmerrt of existing commercial arterials in a manner which minirimiies traffic and lanii use corrtlicts.° Page 25 of 35 AT, ORD.D �'u1BURN * MORE THAN YOU TAAA�age—I' 91 of 281 Agenda SubJect CPA11-0001, CPA71-0002, 8 CPA11-0003,2011 Date: November 17; 2011 Comprehensive Plan AmendmenLs-Plan Map Amendmenffi and PoiicYlteiQ HmerMmerns • °Conserving residerrtial quatities along heavily traveled aRerials which are not yet commercialaed, by restricdng commeraal developmei�t to types which provide en appropriate bufter" • "Protecting existing, viable resider�tial areas along lesservtraveled arterials, from commercial developmerrt." Tha following excerpted policies relate to this discussion of commercial uses located afong transportation corridors. `Poliaes: �u-ss rne c�• snarr id�crry tnose �s�,g con,n,er�c�r a.e�r� a,ar are appropHaee for condnued 9er�era� fheavYJ romme�a/ dev�oP�+� and those aKer/a!s ffiat are apPnoPriate for co�mied w lfutrae OmHed (J.a professional ofAce type) eommercia/ deve/opment° (emphasfs added) "LU-60 The City shall encourage the grouping of individual commercial enterprises along commeraal arterials to promote the sharing of parking areas; aeeess drives and signs. Suc� grouping can be encouraged'through land division regulations, sign regulakons and developmeM standariis.° °L11�62 Arteri8f3 experfertelrtg strvng pressla�e f�au' corrrmereial c�velOpineit� b�t not yet eomm/tt�ed io genera! (heavy) comme�eia! uses, shaU be deslgrtated for m&ed Oght �mmerelaf ai�d moderate dei►slty mu/d- famUy u�s. Developm�rt regnfatlons shou/d ertoourage the development of prof�essio�w/ ofilce a� slmllar uses and small.scafe mutdple famlly housing, with devHopmer►t and design s�►dards carefulfy afrawn to eraure preservatlon of a quality/"iving envlronment In a�acent neighbw!►oods. Devetopmert! regu/atlons corild a/s6 allow ofher Iight eommeMa/and hlgher afer�fty mrrlN•/aim7y housle� sub/eet to an eztenslve publie revlew, and poss�ly a dasign revlew pr�oeass." (emP►�asls addedl LU-66 The City should develop design standards and guidelines for development along arterials to improve their visual appearance.° Thus, while commercial 'strip' developmeM along corridors is generally disCOUtaged as sprawl and can resuft in negative visual and fynctional impacts, it is recognized by the Comprehensive Plan that the IocaGOn of canmercial se►vices along corridors provides some community benefits and several poliaes are directed at implemerttirtg code changes and authoriang development only in a manner thal seeks to minimize the r�egative efFeds. 14. In addiGon Chapter 14, Comprehensive Plan MaP, recwgnizes tfia2 policyr statements do not fit afI circumstances. The Plan recognaps that in some �ses the� general pofaes established by this Plan need further articulation or clarifieation due to particular conc�ns assoaated with speafic geographic areas. In other cases, the application of the Plan's general poficies may be inappropriate for a speafic area due to unique ai�cumstances, requiring that speafic "exoeptions" to these general policies be establisltied. The section Page 26 of 35 ORD.D �BURI�T * MORE THA.N YOU 1M�geE�2 of 281 Agenfla SubJecC CPA11-0001, CPA11-�002, 8 CPA11-00�3,2011 Data: Novembert7,2011 Compreher�ive Plan Amendmems-Plan Map Amendments and Poliev/Text Arn�dme�ria en6tled °Transi�orrs' identifias �ese specific areas and establisF�es erther supplemenfal pofides or exceptions to the general poiicy This Vansition sedion spedfica0yr recogri¢es arid.addnesses the entiretyc of the A Street SE ccrtidor within ttse aty as foUows: "A Strset SE Area: A Street SE corridor, extending from Highway 18 to the north; to the aty Gmits to the south, the.BNSF rail Gnes/rail yarti to the west and D Street SE (extended to the south)to the ea�_ Aob/em: A Sbeet SE provides for a ��aM levei of traRlc tlnt of�s Lhe pol�a/ to altraet a�EOrtre�s to suppat e�dsdiig and fuGure business abi�g d�fs eorriafor. G�al/er�ges lndude tietter deflnlEton o!the bansltlon 6elrreer►reside�rtla! nelghborhoods and fulure eanme�eJa/ devdopment to provlde predictabVbly !br boM �reighboifrood reslder►ts and eomnrm�ela/ uses, as weil as how to address historical uses such as mobile home parks ar�industrial development along tlris c�rridor that occupy property that is tieher suited for other uses. (amphasis addea� Policy III. H. Define appropriate transition boundaries between commer�cial and r�ider�Gal developmerrt in a manner that prbtects resider�tiat uses while providing for economic developmerrt opportunities along the eortidor Policy III. I. To ensure �protedion the aF adjacent residential neighborhood arxi residential uses located• east of B Street SE betxreen 8'•" and 17"' Sbcels SE fitim comm� development on the west side aF B Street SE, , spedal development star�dards shall be adopted. The speaaf development standards could indude requirements for increased building and parking setbadcs andlor landscape buHer treatment. The standards may also indude the. implemerdation of tra�f'ic ealming measures as appropriaba to reduce tra6fic impacts on the adjacer�t resider�ial neighborhood located east oT B Street SE between 8'" and t7'" Streets SE.' Again, within this sedion, the Comprehensive Plan recognizes that commeraal 'strip' devalopmerrt along Var�sportation corridors is generalfy discouraged as sprawl and 'A uncontrolled can resuk in negadve visual and furn�ionaf impacts. This language is balanced with recogn'dion that c�mmercial developmerrt along corridors provides cornenient needed servioes. Addi6analty, this section prescribes that transkions should be provided between commarcial uses and residential uses by city regulations and by the manner in which developmerrt is authorized. Considering the sum of etl of tha ditfereM sections of the Comprehensive Plan together, the more speafic descriptions ot each of the land use d�ignations supports the requested change. The proposed comprehensive plan amendmeFrt seelcs to change the designation to aqow mare irttensive land uses arn! those which are attraetrve to vehide servioe and the traveling public. Since the property is located atong a heavily haveled prinapal arterial street, the proposed change more Gosely match� the description af tl�e purpose af the °Heavy Commercial' designation; it is located along a major aRerial artd is highly acceseible to automobiles. The currerit °Light Commeraal designation is less appropriate for the ptnperties sinc8 the developmert is readily accessible to vehides ar�d there is not suffiaertt width to separate the developmerR irorri the heavily traveled corridor Page z7 or 35 �*�,, ORD.D 1'►LIDURN '�` MORE THAN YOU IMA�a9eE1�93 of 281 qgenda SubJeck: CPA11-0001, CPA11-0002, &CPA11-0003, 20'11 Oste: November 17,2011 Comprehensive Plan Amendmems-Plan Map Amendments and Policyffext Amendments However, the praposed amendmerrt is not an expansian of an e�asting Heavy Commeraal designated ar+ea and would 'mtery'ed a d'rfFererd designation betwesn iwo areas currErrtly designated as `Light Commercia!' k may be appropriate to re-evaluate this comdcir TFie Ciry should consider docketing for a possible a future char�ge to the land use designations along the east side of this corridor This effort would provide an opportunity study and potentially change a more sign�cant portion of the corridor when impads ean tie assessed and managed. 15. The second deeision eMberion is that the eomprahensive plan amendment rnusY not diminlsh or increase the.ability to.Provide adequate services. The propo.sed change by itsetF, if approved will not affed the ability to provide adequate servic�s. Hoixever, the change the Comprehensive Plan map; if approved could lead to cumulative appGcations by other properties in Hie rianity for changes to the land use designation and irdensificaGon of de++elopmerrt. While public services, such as poliee and fire could like accominodate the change in land use designation, full public infrastnicture is not currently in place. The Valley Regional Fire Authority did.not have any commerds in response to the applic�tion. While there is adequate water (16 inch water main) in A Street SE, the road cantinues�to be two lanes; it has not been widened in the area of the subjed properties as done in other segmerrts farther to the north and south and has roadside ditches to provide stortn drainage. Also, a sewer would have fo be extended to serve the site. However, to require that infrasVudure as a precursor is not always viable as the City often relies upon developmerrt to provide the public inirastructure improvemerrts needed to support the dev'slopmerrt as the developmerrt occurs. Under the curreM �nditions; as with many properties in the city, the inirastrudure improvemeirts would be the responsibiGty of future development. At the time of developmeM, adeq�iaffi services would be provided for the development ta be authorized so it is not�antiapated that approval of the request negadvely affects provision of services. 18.Tha third decision ociterion is tha!the assumptions on whlch the comprehensfve plan is based are found to be imralid. While not completely irnalid, �e cromprehensive plan seeks to discourage wmmerciat `strip' developmerrt along cortidors since it can .rasuR iri negative visual and funetional impacts, balanced with this the Plan rec:ognizes by the comprehensive plan tfiat the location of commercial services along corridors provides community benefits. Also, the more spec�c language of the plan as found in the purpose statemeMs of 1he land use designations for "Ligtrt Commerc,tial° and "Heavy CommerciaP support the application based on the site's proximity to a heavily traveled arterial. 17 The fourth decision eriterion is that there has been a ehange or laek of cha,nge in conditions or ciroumstances has occurred since the adopfion of tlis latest amendment to the comprehensive ptan that dlctates the need for a propoaed amendment Again, the comprehensive pfan seeks to discourage cornmercial 'ship' developmert along corridors since it can resuR in negative visual and functienal impacts, balanced with this, the Plan recognizes that the �OCation of commetGial services along cortiders provide.a communityr benefits. Also, the more specific language of the pfan as found in the purpose statemerits of the land use designations•for "Light CommeraaP and "Heavy Commercial° support the requested change based on the site's proximity to a heavily traveled arterial street. 18. Tha fifth decision criterion � that the change must be deteemined to tie eonsistent wWf the Growth AAanagement Aet(RCW 36JOAj, the Countywida Planning.Policfes ot the relevaM couMy and "Vision 2Q4d: Growlh and Transpo�fation Strafiegy for thia Page 28 of 35 ORD.D �1�1BUR�T * MORE THAN YOU 1M�1geF.T94 of 281 Agenda Subject: CPA11-0001, CPA11-0002, &CPA11-0003, 2011 Data: November 17,2D11 Comprehensive Plan Amendmerrts-Plan Map Amendments and PolicylText Amendments Puget Soand Regiod'.. The change if approved would continue to be consistertt with tFie � Growth Management Ad,(RCW 36.70A). the Countywide Pianning Poliaes of.ICmg Caunty and °Vtsion 2040: Growfh and Transportafion Strategy for the Puget Sound Region° The proposal is consisterrt because it continues !o ailow eommeraal use.a; only of a more irrtensive nature arid more specfically oriented to the traveling pubi'�c. Staff Recommendation Planning Commission to recommend approval to the Gity�Council Plannina Commission Recomme�a6on Planning Commission recommended,approval to the City Council The Planrting.Commission aiso suggested that the east side of A Strget SE between Lakeland Hil}s Boulevard SE and Lake Tapps Parkway SE be studied in the future for po�ritial changes in the land use des'rgnations. PCOC Recommendatien PCDG concumed with the Planning Commission and recommends approval to the City Council PolievlText AmerMmeM P1T�11 and Nlaa Amandment CPAA#4 1 The applicarmt submiCed a compreher�sive plan poGcy/text amendment and map amendment application on June 10, 2011 by the submittal deadline of June 10, 2010. The application was submitted for the purpose of ini�ating the procc�ss for preparation of the specia[ area plan called for the city's Comprehensive Plan. The preparartion prooess of tl�is speaal area , plan document is expec6ed to e�dend irrto next }rear and sot be complebed this year This year some re�r�ions and retmemeMs of the Comprehensive P(an are proposed to lay the groundwork for future efforts. Trie curreM change consists of Mro ir�terrelated requests: a. camprefiensive plan policy/text amendmeM request seeks tc modify .the discussion of the "Studc River Road" and °Mourrt Rainer Vista" speaal planning , areas discussion within Chapter 14; Camprehensive Plan Map, and b. revise Map 14:1, Comprehensive Plan Map and Map 14.2 Special Plan Areas to expand tl�e boundary by adding seven parcels to the Studc River Road Special Plan area,in the same manner on each rtmap. 2. The application was submitted tiy Jami Balirrt, Attomey for Segale ProperGies, LLC on behalf of Segale Properties, LLC and Lisa Atkins, Property Oumers. 3. The proposed policy/text.ameridmerrts P!T #t1, are found at pages 1420 through 1422 withitt Chapter 14, Comprehensive Plan Map. The changes generally iridude the toltowing: c. Refer to the subsecjuerrt plan prepara6on as a "sub-area plan" rather than "element" of the Gomprehensive Ptan. d. Eliminate the referenoe to the maximam number of dwelling units to be allowed and revise wor+�rtg to instead determine the appropriate number af dwelfing units � part the special area plan developmerrt prooess with pubtic input. � i Page 29 of 35 ORD.D �BU� '� MORE THAN YOU 1M�aWeED�95 of 281 Agenda Su�eet CPA11-0001, CPA11-0002, 8 CPA11-0003, 2011 Date: November 17, 2011 Gomprehensive Plan Amendments-Plan Map Amendmer�and Policulfe�Q Amend'menLs e. Revise wording to refer to future stormwaUer managemeM wifhin the speaal plan area to be cansisberrt with dty standards rather than di�ging to Bowman Creek and to the aty storrrnwaber faci6ties as eument wording does. f. Adcnowledge that the two desigrrabed special plan areas•(the Stuck Riv_er Road and MouM Rainer 1lsta) rmay be coordinated and "developed joirrtly sinoe they are coMiguous. g. Revise wording to reoogn¢e that land uses could be differeM in the firture as pa�t of dte special area pfan piepar8tion process end indude ccnimeriaal, institutional, indusfial, and re�xeational uses in addition to resider►tial uses tMdt area already desaibed. �_ . h. Change wonding to indicate that acGve gravel mining is �rrtinuing within the special plan areas. The gravel mining is expec,ted to cordinue.for several years iMo the future. 4. The proposed map change, CPM #4, prioposes to revise both, Map 14.1, "Comprehensive Plan";.and Map 14.2, "Special Plan Areas", to expand the boundary of the Stuek River Road •Special Plan area W the soutliw+est by adding parcels (AppGe�nt originafty proposed'seven paroels; staff recommended an eighth). As both these maps show the spectial plan area, ttre same ehange affects both maps. The fotiowing map shows an expanded vrew of the change to Map 14.1 "Comprehensive Pian' Page 30 of 35 ORD.D �1UBU� '�` MORE TEiAN YOU IMl�iage�6 of 281 ��� ��� ��� � . . - - � - - - . . _ � 1 � �� . 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I :s_°-U''�_':�'"-��;'tiE�`.+� /'� � \)� ��►�\1 � ;�r� 1� ���t4���� �/ \`, �. � ._ "1 - � 1��`� ��A{R♦�.r ry�w � ` � \.. - :�:I��//`�Vi��I�N � �` , \j` " ;�? 3cnn�.��-,�I_ -�w..�i.�uMl!�.�b"a� r � ¢���,p. _�`u n:i����t�'Py�t�✓�N \. —i/_-��'�'■..,C`�+,�,��" ,`,\ ��``� \ �'�' ,.�..� `�,, \ -- � `_. ,�ff)N� �� _ � � � \\ \ \ / . \.�. ��..�.�� ____ _ \ _ _ ������� - �f�,� . . . . :� �, \��- �.�. Age�Ma Subject, CPA11-0OQ1, CPA11-0002, &CPA11-0003, 2011 Date: November 17,20t 1 Comprehem3ive Plan-AmendmeMS-Plan Map Amendmenffi and PolicYlfext Amendmer�: 5. The purpose af the comprehensive Plan is to provide a poAcy basis for the future zoning changes to ensure that the Comprehensive plan and Zoning Ordinance are consisterrt as required by the following city code sedion: "ACC 14.22.a50 Conformance and consistency. The zoning, land divisian and otherdevelopmerrt c�des corrtained or referenced within Aubum City Code shail be �nsistert with and implement the intent of the comprehe�ive plan. Capital budget deoisions shall be made in cdiiforiiiAy"with the comprehensive plan. ° 6. The City+cade provitles cerhain criteria for decisions fa�comprehensive plan amendments. "ACC 14.22.110 Decisioo cr(teria for plan amandmenffi. A. The. comprehensive plan was developed and adopted aRer signif�caM study and public partiapation. The principles, goals, otijectives and poliaes contained therein shaA. be grarrted sttbstantial weight when considering a proposed amendmerd. Therefone, the burden of proof for justifying a pmposed amendmerrt rests with the applicant, who must demonstrate that the r�quest oomplies with and/or retates to the following decision criteria: 1 The proposed change will further and be wnsisterrt with the goals arid objectives of the plan and the plam m�ll remain iMemally consister�t; 2. Whether Me capacity to provide adequate services is diminished or , increased; 3. Assumptions upon which the comprehensive plan is based are found to be.irnalid; 4 A detertninatian of change or lack of change in condiGons or circumsffinces has occurted since the adoption of the latest amendment to the specific section of the comprehensive plan that dictates the neeii fof a proposed amendmerrt; 5. If applicable, a detertnination that a ques6on of consistency exists between the wmprehensive plan and Chapter 36.70A RCW, the coun;ywide planning policies for either King ar�dlor Pierce CouMy, as apptopriabe, anc!Yision 204U: Growth and Tiansportadon Strategy for the Puget Sound Region.° 7 The first eribeNon is that the change must iurther and be consistaM with the goals arW objectives of the plan and tlre plan wn"il remain ir�temally consistent Many of the designated special plan areas do not have an established mapped land, use designation (such as low density residerrtial or LigM Industrial). Essentiafly, tFie rtiap is left blank (uncolored). The purpose ot the special area plan process is to detertnine the appropriate land use designation .(and color} to be applied to the properties. The Comprehensive Plan provides the following general guidance on special area plans: "Purpose: To allow farge areas within the Ciq+, under a single or a coordinated managemerd, to be developed as a planned unit. This designation can also 6e used to provide flexibility when there is uncertaiMy regarding how an area may be 'most appropriately developed in the future. Page 32 of 35 p� � ORD.D 1'1UBURN '� MORE THAN YOU 1M�9e'f98 of 281 Ageoda 8ubjeet CPA11-0001, CPA11-0002, 8 CPA11-�03, 2011 Date: November 17, 2011 Comprehensive Plan AmendmerKS-Plan Map Amendmerrts and PolicyR'ext Amendments Deseription: This designadon applies to specific areas ideritified as being appmpriate far miued, urban level developmertt on a plartned basis. !t �s intended thaY the fuWre development af these aieas will be guided by individual "elements" or •sutrarea plans• of the Comprehensive Plan, to be developed ancf aclopted at a later date. The Plan - elements should be consister�t with the following. Compatible Uses: Uses artd iritensities .within Speaal Planrring Areas shall be determinad for each area through irniividual planning processes. Each indrvidual , planni,ng prooess wi11 resuft in the adoption of a Comprehensive Plan elemeM (sutrarea plan) for that partiwlar Special Planning Area. Each Plan element shall be consisteM with the general goals, objectives and policies of the Compr�ehensive Plan." In the Gomprehensiva Plan documerd, this general explanation of the purpose of the 5pecial area plar�s is followed,by a narrative desraiption of each individual speaal plan area. The proposed Comprehensive Plan text amendmer►ts seek to darify or augmerrt the curreM description of the• Studc River Road and Mourrt Rainer �sta special plan areas to more accurately reflect the current circumstances of property ownershlp, mining status and to provide greater flexibility. in the future preparation of the special area plan, such as determining appropriate land uses and the amourrt of ctevetopmerK. The changes pmmote the tuture study to be undertaken as part!he special area ptan documeM development. The preposed changes are cortsisteM with the overafl Plan.and there will be a need to ensure that future changes also remain consister�t. The proposed mau change, as amended by the staff recommendation, also remains consistent with the comp�ehensive plan. The map change prop�es to make a speaal plan area lerger to enaompass seven paroeL�that are under the same ownership as a majaity of fhe parcels within the speaal plan area designadon. Typicatly, the special area plan preparation takes iMo account the nature and davelopmeM status of surrounding uses. The change expands the boundaries without affecting cflnsistency. The change increases coordination of prop�ties under the same oamership. 8. The sacond docision cribarion is that the comprehe�ive plan amendmeM must not diminish or inerease the a6illty to provide adequata servtcas. The proposal to change the Comprehensive Plan text and map amerrclmeM is gertetal in nature and does not affed the ability to provide adequate services. 8. The third decislon criterion is that the assumptions on which the comprehensire plan. is based are 4ound t� be Irnalid. While not wmpletely irnalid, the proposed Compreherisive.Plan tezt amendmerrts seelc ta darify or augmerrt the currerrtly description of these specfic speciat plan areas to more accurately reflect the curreM ciraimstances of property ovmership, mining stetus and to provide greater flex�ility in the future preparation of the special area plan, suc�+ as determining appropriate land uses and ,amount of devetopmerrt. The changes are designed to fadlitate the futurs study to be undertaken as part the special area ptan doa�ment develapmertt. The man change also does not affect validity The changes are for the purpose of increasing the aauracy and providing greatec flexibility. This criterion in this ciralmstance does not relate well to the arcumstances of this amendmer►t application. i Page.33 of 35 �* 7 ORD.D 111�1BURN '� MORE THAN YOU IMAP INEI� age 99 of 281 Agenda Subjeet CPA11-0001 CPA11-0002, 8 CPA11-0003,2011 Date: Novembflr 17, 2011 Comprehenaive Pian Amendments-Plan Map AmendmeMS and Poliey/Text AmendmeMs 10.The fourfh de�isfon eriterion is that there has been a ehange or Iack of change in comiitions or olrcumstanees has oeeuRed sinee the adoption of !he latiest amendme� to the e�nprehensive plan that dieEa� ffie rieed for a proposed ame�ment The change is needed sirxe this reference has not been iipdated to refled progressive and aitemate ways of managing stortrnnrater nmoff, such as 'mfiltraL"on�irrto the ground thatare provided for in the cityr's stormwater standards. The change is also needed to proyide fle�dbility in land uses and number of dweliings to recognae tlie intxeased prominence and public acce�ance of mixed use development projects such as plarined comrnunities. Again, the proposed Comprehensive Plan.� amendmerrts seek to darify or.augmerrt the currently desaiption of these specfic special areas to more axurately reflect the current. arcumstances of property ownership, mining staWs and to provide greater flebbAity in the future preparation of the speciat area plan, such as detertnining appropria6e land uses arsd amourt of developmeM. The d�anges are designed to promote the future siudy to be undertaken as part the special area plan documer�t developmerrt. The p�g change is. proposed to reflect the circumstance of ownership that may have changed sin�the time of the original estabtishmerrt of the special area plan boundaries. The changes are for the Purpose af increasing tt�e axurecy and providing greater flew'biliry. This criterion does not relate well to the proposed amendments as the changes are of general benefR 11 The flfth declsion criterion is that_the change muat be detemnined to be consiste�rt with lt�e Growlh A9anagement Act(RCW 36.70A), the Countywide.Planning Palieies of the relevaM eounty and °Vtsion 2040: Growth and Transportatlon Strategy toe the , Puget Soam! Region". The text changes proposed will coMin�.ta,tie consisterrt with the Grewth A6anagemerrt Ad (RCW 36.70A), the CouMywide Planning Policies of King County and "Vision 2040: Growth and Transportation Strategy for the PuBet Sound Region" The proposaf'is cor�sistent because it does not change the ab7Ry to conduct land use studies to detertnine the general nature of allowed land uses. The mao changes also will remain consistent with the regional land use policy guidan�. StBA°RALIORIT@RdBt/Of1 Plarming Commission to recommend approval to the City Council as ame�ded as follows: Shaff raoommerMs that the map ameridment also indude paroel number 3221059031 (ari eigtrth parcel) that is co�guous to U�e other pargels subjed to this request and avoids an isolated paroel, on fhe e�t � of Kersey Way SE U�at is :surrounded by the special area plan designation an ttvee sides and Kersejr Way SE on the fourth. It is appropriate to indude tl�is par�el to make logical boundaries of the special plan area and since it is also owned tiy Lisa Atkins, cro-applicaM. The applicaM has cortFumed it is appropriate to indude this parcel. Staff recommends that the policyftext amendmeM revise wording of the de.acripGon and purpose of the Studc River Speaal,Plan areas, Chapter 14, °Land Use Map', as found on page 1421 fo include study of the poteMial of indusVial uses amorig the other i�ses studied for the future of the area. The applicant supports this change. The change would read: "Tha 1}�nd uses for the Stuck River Road Speaal Planning Area will be determined thrQU9h the subarea olanriir� erocess and the Cit�r Council's adontition of the subarea plan. Potential land uses aoelied throuah the si�ea nlannincl orocess could Page 34 of 35 ORD.D �BUR�T '� MORE THAN YOU IMf�GINF� age 0 of 281 Agenda SubjecC CPA11-0OOl, CPA17-0002, &CPA71-0003: 2011 DaLe: November 17,2011 CorifpreAensive Plan Amendmerits-Ptan Nlap Amendments and PolfgdTeict Amendmerrts indude sinalo-familv residential. mufd-familv residential. commerdal. irutituGonal. industrial� �¢ap�jp��.' Pl�nrtina Commission Reoommandabon Pianning Commission recommentled approval to the Cily Counal as amended by the staff: PCDC Recommendafion PCDC recommends apprcval to the City Council with the.following additionai G�anges (PCDCs addi�onal changes are shown in bold)_to She nartative of the Stuck River Road Special Planning Area, Pages 1421 thraugh 1422 of Chapter 14: "Cam�ehensive Plan Map° "Stuck River Roed Specra/P/annirtg Ares: A portion of the Stuck River Road Special �Plarming Area is wrt+ently the site of a large sarni and gravel mining operation. This area and ather ad'jaoerrt larid�mprising a total of aPPrmdmateyr 66�acres has been designat�as a long term resource area (mirrerai resource area), so developmerd of the Speaal Area Plan for this area stwuld 6e a low priority es mining is expected to corrtinue on this site for as long as 30 years. The larid uses for the Studc River Road Special Phanning Area will be detertnined throuah the subarea pNanrrina oroeess.and the Cilv Council's.adootion of tfie�barea ofan. Poffirrtial land L�se�aooGed Uirouah tFie.sutiarea clannma orooess eouki in�•sinale-familv residential. muki-familv residerttiat. �mmertaal. instihitional. in�al and r�e�e�ronal. Some lioht iridiistrial uses mav be aooioorfa�a�fo�eorisideratton and desiaeation lhrouuh the�tiarea Ma�mina onco�s:it the�es are Wnd�bial or busFness oaeic°-ln eharaeter.eonducted er�+elv within an enelosed buil�nsi.ezhibit a Atoh dearae of oerforti�aoee ataeda►ds arid are eon-nature and if aooroorlate Ilmlted i� e�eEe�rt and locatfon.is-i�-ta P " An active�rtnR ag�lisatie�t h� been �resessest aEprov�by the City wi4h rnsped to the mining acGvity on a portion (apprmdmately �866�4 acres} of Uie�eCial olan area ' . Tlie� p�eeess.minina actividr sfiould oonFmue. qeMrev�-ary��I g pemiit tor mming in the mirreral resourc:e area ekee�-be s n granted for the liFe oF the resotace, with reviews oanducxed periodicalljr(�rer five years)to iietarmine whether changes in the origirrally proposed mineral exhacxion operation.have arisen and give rise to the rreed for add�ona! or revised pertnR�ndiiti�ons.to address the rtevu impads('d arry) oF any such changes.' Page 35 of 35 �*�,, ORD.D �DURN 'k MORE 'I�iAN YOU lA�ll�Ia9e�01 of 281 Exhibit E Co/or�ed map wrhich is a detail of AAap No 14.1, `Comprehensive Plan', showing the change from Light Commercia/ to Heavy Commercia! for Terrace View Properfies LLC and identified by pan.el numbers 3121089056 and 3121059010 (Please see °Comp. Plan Man Amendments°tab in the woricing binder) ' ' Ordi�anoe No. 6394 November 29; 2011 Page 12 ORD.D Page 202 of 281 '�� Il Pru����:�d ('um��rchrn:i�� Plan .�m�ndm�nthiap CP:111-UOUI. T�' LLC � � ��IST['�(� ; I I _s� C� � � �� i I i i _ ! I � ,�� ; � I � � — � � \ �. � CPi�C)pOSED � � i I . � I � — I I i ' i i = i , , ; � _ , G � � � --- , 'i i .n�..�..1 �n,:� ,. H:.._i.u.�,n \I�nla�.��.Ik�n ���. I<:.elum. � \ . . ��— �� i.i.i I ., � '., � . ...bn�ur.nirn I ut �u,niu..i . _ i�lnqnf ORD D Page 203 of 281 � Exhibit 13 � Q�CITYOF k E Number of Pages 6 A���� Peter�..Lewis, Mayor , � `�. WASI-IINGTON 25 West Main Street* Auburn WA 98001-A998 *www.autiarnwa.gov #258-931-3000 COMBINED IVO7ICE OF APPLIC�►1°IOP! AND PUBLIC HEARING Comprehensive Zoning Map Amendment PUBLIC HEARING: October 17, 2012 APPLICATION REQUESTED: Comprehensive Zoning Map Amendment APPLICATION NUMBER: REZ12-0008 APPLICATI�N FILED: September 17, 2012 COMPLETE APPLIGAT�ON: September 20, 2092 NOTICE OF APPLICATION: September 27, 2012 PROPOfVENT• Jon Cheeiham,Terrace View Properties LLC ; P.O. Box 8500 Covington,WA 98D42 I PROPERTY LOCATION: 5680 A Street SH, Aubum, WA; Parcel Numbers: 3121059058, ' 3121Q59010 I � pESCRIPTION OF PROPOSAL. To change the. zaning of two parcels from C1, Light I Commercial to C3, Heavy Commercial. � STUDIES SUBMITTED WITH APPLICATION: None. ! OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: None � i STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subJect to and ahall be consistenl wfth the City of Auburn ; Zoning Coda and Design Standards. I i Public Hearing: A public headng ts reauired for this proposal and is scheduled for Wednesday, ; October 17, 2012 at 5:30 p.m. to be held in the Cfly Councll Chambers located ai Auburn City Hall ; 25 West Mafn Street,Auburn,WA. Public Comment Perfod: You are invited io express comments up until and at the pu611c � hearing. Written comments may be submitted to Hillary Taylor, Senior Planner, Planning and i Development Deparlment, 25 West Maim Street, Aubum, WA 98001-4998 or via email at i htavior(c'�auburnwa.aov ; For citizens with speech, sight or hearing disabilitiea wlshing to review documents pertaining to this hearing, shoutd contact the City of Auburn within 90 cale�dar days prior to the meeting, as to the type of service or equipment needed. Each requesk will be considered individually according to the type of request, the availabillfy of resources, and ihe financlal ability of the City to provide the requested services or equlpment. If you have further comments or questions related to ihis applicatfon, you may contact Hlllary Taylor, Senlor Planner at(253) 288-7412, If you I , � call or wrile, please reference File No. REZ92-0008. i � riUBURN -�< MORG TEIAN YOU IMAGINED � ORD.D Page 204 of 281 I � .1 I 1 . � � � � ; : r � : • � � � . � • � � • • '"-' � '_ • �. w �! � � � �!_E _ � :�D� : ��. s � I '� � ��_ � _ �� . __�� � � ;'� �a� � ' �a�-°��' L . -• ���a .. .: d.� 1 � ;, ,,��• -,•.�,>, � �� i� � � �1 : ` �`�•1 `, � � �J+�,�� �tM�1� i � u � �� ■ � •.,,',�+���'�♦ ! ■ �S� ■ ■ ` ♦ . , r . 1 ...�.:;. � �• ,� ���1! � ���� .:�';;. r '� a .l I.• � ; � 1� �� ;; ''�.�,,., `��� ! ���.,: � � � b � ��" .•p �� � � � ��.k;`", �,,. %����►fi�. �� � �� \ �i i ��'e/ , .;��II ♦��ryM��\ � �J, I �� � �` ♦ `���1�r 4 = �' `,1 " i � 1 ��� �I r�1= ��� � �j�� t'�,,��� : � � �: i :,: � ��+A� �r �� y����Q�i �V�.��� �"� r ' �i ►���L` 1�1►i�,��F+�� Il/ __ IA� — �' � ►/�9� : 1��.-'�r� !•� �,�,�t��►= : �; . � . .,� �< ,�, C. .,,,��I;,,,� � ' ���� 'I ' � `'.�a� ,�,��,��C � u � �1. � an� ' tO;`i�� s � !r�� 0 �. � a v� �i�i��i � � � a , U, � r4� u�� � ' � �tiS3 ♦ �� � �O�:P ���va�t,a � �► �� � ��,l,��� � �."� ` G , � e � �� 11 1 1 � � ��I�I �����~� � � .�...�� �.�� ... . � ... •. . . 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City Of Auburn Fivance Dept � City Clerk - 25 W Main St Auburn,WA 98001 ; i Re:AdverGSerAccount k 107302 � Ad#• 241012 � Affidavit of Publication STATE dF WASHING'I'ON Newspaper and Publication Date(s) I Counties of I{ing and Snohomisli ! , Tha undersigned,on oath states thnt he/she is an authorized rep�rsenlative ofThe Senttle Timas Compnny, ', publisher ofTlie Seattle Times of geuernl circulation published daily in King nnd Snohontisli Cottnties, State of Washington.The Saattle'I'imes has been app�roved as a ; legal newspaper by others of the Superia•Court of King aud Snohomish Counties, Seattle Times 09/27/12 The notice,in the exact form annexed,was publiahed in the regular and entiro issuo of snid paper or papeis and distri'Ir i uted lo its subscribers dudng nll of Ilie said period. � j i i � .o�`�`i�,�1FlU�kE,J �. !)U�L-3r�1 . Signature E lQ�i ,�.. i i �G,a�ab� ���q$ .��,;o x•;.ey D �, __�c���� �.��� � � �p°�a►•k Y '��'y �S SubscriUed and sworn to before�ne on � ! � ,� ' � '� � - ATE ; ' :� i; ' '. .�.�' • ���,,�� s��,���(�N�a3 . � hu' -Notaty Public in and for 6 e Sta e o ashnigton,residing at Seattle ,+����hp�qN�vM'� C�'11'IStITIa �o �C��ebTl� ORD.D Page 206 of 281 � I ___- --- ._ __ -__------- ---- �- ---___--- -- � --- --._..._..__ � t ' eSe �e _ �. es � � .� , Re:AdvertiserAccount# 107302 Ad#•241012 � � � � �. ., !lOTIC4 OP AeU LICAT�ON AND AD TEXT Pveu�ienuu+o PVBLICNOARINCt OCtOGrILtOIY � APPLICA7ION RE V�@Sn�ON Camwa- bnslw ZaiMV Men 11PPLICATION NU/AOfiN: NE212�0006 �PPtICATION FlLeoi3wl�mbr�A,901R COMP HT@ APPUCAT�oN: S�nbmOar Ypo,9ol � o� Onooliai LL�.P�.pO.BC�w„aT�arowVimv i ]e4SOHOSd�n��1YAi��Por<e���Nwnbiie meK�wloGL It11v Ce�Cp�I,hlTCam� 6TUDI&S SUBMITTED WITM APP4IGATION: Nona, �.11T 'MRpY�8pB6 R�TQUIREON N�i N9 WMICN , �E6Uy A�T1PO�NS 7�iNYro1��If Su01v 1 I' �09�uburn�Zenino cae:o�d o�o°s�o� I eo.ae � ia`v�.an°`t��rya��u'Uv,""a°ro�°�.r°{i�i`oiiR�'"s o � gu��coSetl at�ubv mC1�Y eoun 0 hom• Mo�n�I�a�l.qYbu�M WA�Y Hal�45 Wm1 �pyup����t�PfryHpfy C�OpMIMMN,YP�NIIY GIIO'Of MB b> w6mltliE• YHli�lym t�pya�loi pPoI IrminIPMy��o(n�0��9wlownnn DO- ' � Vt�A mBOd1�M9!or rla emtll af Wu� For HII ns 1h foatR tb�l �oalno d4oWlll�is w�Nno lo rwWe�ieurtqnt� � arM In I�n Imo Inv ehouM ac � Pn�a�'.e4��u���,wi6i�t4<a.�e�. i 0 or e I�s meell�1y ef �p 1ypp ef aa- Y� NRYIp11��1 EOf1110qV�S1 � MI�BO[ONIENW �p� 11YO��Y OCCOf���C lo IM Im af rt.� u+d�veUl r a � tesnurtwon tlMi�Mancbl oWl4y a�Ine CII��W�mwWe No raauaqaG wrvin�a � I mu�N rry�r nI�er qwh fW��e5ns nlYlaa lo jWi apo��m yeu mor iel�iient�e Fllu Nv qEZ OOW��feeie � i I i i � � � 1 i ORD.D Page 207 of 281 � w; �� cirv oF F� � _ l',rl��-�J ill�l �� ' WASHfNG70N AFFIDAVIT OF MAILING OF LEGAL PUBLIC HEARING NOTICE Applicafion No.: REZ12-OOOfi Applicant: Terrace View Properties LLC Location: Two parcels at 6660 A Strest SE,withfn the SW quarter of Section 31, Township 21 North, Range 6 East, W.M. King Gounty,Washington. Parcel , Nos: 3121069010 & 3121059066 Date of Public Hearing: October 17,2Q12 1' I certify ihai or before Seqtember 27. 2012 I did send a Notice of Public Hearing for.fhe above � referenced application, as required by Auburn City Code 18.66.130, to all property owners � located within 300 feet of the affected site. Safd Notice was mailed pre-pafd stamped through ; the United States Postal Service at least 15 days prior to the public hearing date noled above. ; I declare under penalty of per}ury of the laws of the Staie of Washington that the foregoing is i true and correct. � � _ _ � ? � � � Tina Kriss—Planning ecratary ; � � ; , i I I I ; _ I ORD.D Page 208 of 281 * i � CICYOP * e ��1\� ' WASHINGTOPI ` AFFIDAVIT OF POST1�iG NOTICE OF APPLIGATION and/or iVOTICE OF HEARIiVti Appllcatton Number. REZ12•0008 AppUcank Jon Cheetham Locatlon oi Postin0—Board 1�9: I Repulred Date of PosUng Nodce on or betore: September 2T,2012 Date of Public Hearinp(iP epplicnbfe):N/A ! i certlfy thet on '�6�jy I did erect the iend uae posUng rtotice board(s)et the IxaNan(s above,whtch Included e ,�NoUce W Appllcatlon,posted wflhU 14 days after the appticatlon was determined � complete(ACC 14.07.02�and posted a mintmum of 16 days prior lo a eoheduted open � hearing paz 14.07.03D(N eppiicable), AndlOr, �Nottce of Publk Heering,poated e miNmum of 10 daya prior to e scheduled � open hearing ACC18.88.110 and ACCi&B8.130. ' , I declare uncter penalty of perjury oi the laws of the Stete of WesNnBton that the ' foregoln8 la true and correct ��7 C�pf l��l �z6�12� Name(pleasa pdnt or�ype) Date � I Signature �i NO1E Thls aNldavlf must be rehuned W fhe Plennlnq ond Deveiopment DepaNment wlfhln one ' week o/fhe nofk�e dete!o essure fhls appRooNon doea not conUnuB on hoM mid to ea8ure thaf a spheduled heerhrg!s nof postponed ACC 1.21.070. I Planning and Oovulopment � One Eaet Main 8treet,Aubum,WA 80001 (283)031-3090 I tiwrw,auburmve.pov ' � � �� ORD.D Page 209 of 281 I