HomeMy WebLinkAbout10-23-2013 Comprehensive Plan Amendments Staff Report * *
c��v oF _�'
WASHINGTON AGENDA BILL APPROVAL FORM
Agenda Subject Date:
CPA13-0003, 2013 Comprehensive Plan Amendments—City October 10, 2013
InitiatecJ Plan Ma Amendments and Polic /TextAmendments
Department: Planning and Attachments: See separate map Budget Impact: N/A
Development amendment and policy/text
amendment sections of binder
Administrative Rewmmendation: Planning Commission to recommend to City Councif approval
of 2013 C'i -Initiated Com rehensive Plan Amendments.
Baekground Summary:
The City of Auburn adopted amendments to Rs Comprehensive Plan in 1995 in response to the
Washington State Growth Management Act(GMA)requirements, as amended. Since then the Aubum
Comprehensive Plan has been amended annualiy.
Comprehensive plan amendments can be initiated by the City of Aubum(city-initiated)and byprivate
citizens(privately-initiated). This year the city is initiating:
• One map amendment and
• Six policy/text amendments.
In addition, this year the city received two privately-initiated plan map amendments and no privately—
initiated poiicy/text amendments. The pridately-iriitiateil amendments will be addressed uniier separate
staff rep.orts.
This staff report and recommendation addressesComprehensive Plan Map (CPM)Amendmerrts CPM#1
, (CPM#2, and CPM#3 are priVately-initiated amendments and are considered separatelypand Policy/Teut.
(P!f)Amendments P!f#1 through#6.
Comprehensive plamamendments are initially re4iewed duringapublic hearing process before the City of
Auburn Planning Commission, who then provides arecommendation to the City Council for final abtion.
City Council consideration and action on the amendmerds generally occurs but is not required prior to the
end of the year.
Revlewed by Council 8 Committees: Reviewed by Departrnents&Divlslons:�
❑ArtsCommission COUNCIL COMMITFEES: ❑ Building ❑ M80
❑Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human�Services ❑ Planning 8 Dev. ❑ Fire � Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other � Public Works ❑ Human Resources
Aetion:
Committee Approval: �Yes ❑No
Council Approval: DYes ❑No Call for Public Hearing _/_/_
Referred to UMiI / /
Tabled Until %%
Councilmember: Staff: Dixon
Meetin Date: October 22, 2013 Item Number:
Page 1 of 11
AU$ZJRI�T �k MORE THAN YOU I�MAGINED
Agenda SubJeet: CPA13-0003, 2013 Comprehensive Plan Date: October 10, 2013
Amendments—City Initiated Plan Map Amendments and PolicylText
Amendments
A. Findings � �
1. RCW 36.70A130 (Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circiimstances
provided for in State law, comprehensive plan amendments. shall be considered by the ci4y
orcounty legislative 6ody no more frequently than once per year.
2. The City of Aubum established a June 7, 2013 deadline for the submittal of privately-
initiated comprehensive plan applications (map or policy/text). Notice to the public of ttie
filing deadline was provided on the City's website, the Seattle Times Newspaper, and:sent
to a compiled notfication lisf in April 2013. The City received two privately-initiated plan
map amendments by the submittal deadline.
3. The City of Auburn received annual updates to the four school district Capital Facilities
Plans uyhose districts occur wi4hin the City of Aubum. These Capital Facilities Fians, as well
as the City's Capital Facilities Plan are referenced in Chapter 5, Capital Faalities, of the
Aubum Comprehensive Pian and are processed as PolicylText(P/T) amendments.
4. The environmental review under the State Environmen4al Policy Act (SEPA) for the school
district capital facilities plans were prepared individually by each school district acting as
their own lead agency, as allowed by state laws.
5. The environmental review under the State Environmental Policy Act (SEPA) resulted in a
Determination of Non-Significance (DNS) issued for the City-initiated Comprehensive Plan � �
Amendments on September 17, 2013 (City File # SEP13-0028). The comment period
ended October 1, 2013 and the appeal period ends October 15, 2013.
6. The City received one comment letter in response to the SEPA public comment period by e-
mail from King County Transit Services. The comments pertained to the Ci.ty Capital
Facilities Plan, and asked that the transit agency be able to review certain listed road
improvement:projects that involve transit stops and routes;when available, The comments
also addressed a couple of minor corrections regarding the number of bus routes and a
future change in the number of Sounder trains. The changes were maile in the City's
Capital Facilities Plans. The comments along with a staff response are provided in the
"Environmental Review" section of the notebook.
7. Aubum City Code Chapter 14.22 outlines the process for submittal of privately-initiated
amendments and the general processing of comprehensive plan amendments as follows:
"Section 14.22.100
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be given
pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site-specific plan map amendments:
a. Notice shall be published once in the official newspaper of the citynot
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within a radius of 300 feet of the proposed map amendmerrt request, not
less than 10 calendar days prior to the public hearing;
Page 2 of 11
�J$jJ� * MORE THAN YOU 1MAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive.Plan Date: October 10, 2013
Amendments-City Initiated Plan Map Amentlments and Policy/Text
Amendments
, � 2. For area-wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area
subject to the proposed amendment not less than 10 calendar days prior
to the date of the public hearing.
B. Notwithstanding the above, the directormay expand the minimum noticing provisions
noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct a
public hearing on all potential comprehensive plan amendments and shall make and
forward a recommendation on each to the city councii. The planning commission
shall adopt written findings and make a recommendation consistent with those
findings to the city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be formrarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensiVe plan shall be made in
accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)"
8. Comprehensive Plan amendments are initially reviewed during a public hearing process
; before the City of Aubum Planning Commission, who then provides a recommendetion to
the City Council for final action. City Council consideration and action on the amendments
generally occurs, but is not required, prior to the end of the year .
9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
this agenda bill were sent to the Washington State Office of Commerce and other state
agencies as required forthe 60-daystate review on Septemberl7, 2013. The Washington
State Office of Commerce acknowledged receipt on September 17, 2013 by letter dated
October 8, 2013. No comments have been received from the Washington State
Department of Commerce or other state agencies as of the writing of this report..
10. Due to the nature of the city-initiated map amendments and the scope and limited number
of privately initiated policy/text changes, the optional process as provided in the city code
for a public open house was not conducted.
11.The public hearing notice was published on October 10, 2013 in the Seattle Times at IeasY
10-days prior to the Planning Commission public hearing scheduled for October 22, 2013.
12. The following report identifies Comprehensive Plan Map (CPM) and Policy/Text (P/T)
amendments scheduled for the Plarinirig Commission's October 22, 2013 public hearing
with a staff recommendation. �
Page 3 of 11
�$jj� * MORE THAN YOU 1MAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive Plan Date: October 10,'2013
Amendments—City Initiated Plan Map Amendments and Policy(fext
Amendments
I I
Comarehensive Plan Maa Amendments (File No. GPA13-0�03)
CPM #1
Amend Map No. 14.1 for a City-initiated change in the designation of three parcels
developed with single family residences totaling 1.76 acres on the north side ofAubum WY
S and east of Hemlock ST SE (Parcel#2815000020, 2815000010 &2121059073)from
"High Density Residential" to "Light Commercial"for future rezoning. The designations are
being re�valuated in light of the surrounding development, evolving land use pattem, and
City's planned widening of Aubum WY S.
Discussion
1. The current Comprehensive Plan designation, zoning designa4ion and land uses of 4he 3
sites and surrounding properties are as follows:
_ - . ,� - - �.,� . , _..._ .- . _
.. Comprehensive`PNan� Zomrig;Classficahon i Ex�stingrLanii Use:
_;Desi nation���._. .
On= "High Derisity R5; Residential (5 , Eaofi contains a single
$�te , Residential"" dwelling units pg�acre) , family resitlence
- _
_ - - -- — _ _ _ .
North "Single Family R5, Residential (5 single family residences 8�
Residential" & "Public dwelling units per acre) open space as
and Quasi-Public" & P1, Public Use Shau hness Park �
South "Light Commercial"with C1, Light Commercial Convenience store, single.
Moderate Density with R10, Residential family residence; vacant
Residentiai"„beyond (10 dwelling units per
acre be ond
Veterinary clinic,
East "High Density R20, Residential (20 restaurant, 8�multi-tenant
Residential"" &"Light dwelling units per acre) �mmercial center
Commercial" 8 C1, Light y�arehouse, multi-tenant
Commercial
commercial center
West "Single Family M1, Light Industrial with Vacant& single family
Residential" 8 R5, (5 dwelling units to residential
"Neighborfiood the acre) beyond
Commercial"
Page 4 of 11
�J$j,)� �k MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive Plan Date:Actober 10, 2013
Amendments—City Initiated Plan Map Amendments and Policy/Text
Amendments
� � �� iiiiiiii��
' �; ,Y�_
� � , �'��'3etws10
O
i'
�j
•� •I
, �m� � ifi 01'6[ �� �(y���� p� "T.BTA ^y^^"»^+—...-.-
.q� �� �b..�'
Z �yl
_.91N08 .��
��
� � f�
¢ �
�� _
�
1
�
� USJE Ti PR PER IES
h ,.. . _. �� ., �enRIIG•Y uvG.. _ _ .'....� .
�
�
A�1��
� (
����� i�
2. This city-initiated proposal consists of changing the designation of the following three
contiguous properties`.
. 3202Aubum WY S, Parcel #281b000020, 0.19 acres owned by JohnTippins
. 3210 Aubum WY S, Parcel #2815000010, 0.51 acres owned by Coni Orvis
. 3216 Aubum WY S, parcel #2121059073, 1.06 acres owned by Khanh Tran
The combined area of the three subject parcels is approximately 1.76 acres.
3. All three sites borderAuburn WY S, which is State Route 164 and classified by the City as a
"Principal Arterial" which prescribes a five-lane road with a minimum 87 feet of right-of-way .
Page 5 of 11
�j$iJ� �k MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive Plan Date: October 10, 2013
Arriendrrients—City Initiated Plan Map Amendments and PolicylText
Amendments
4. Tfie property is located within the King County portion of the City of Aubum. It was annexed i �
to the City in 1959 by Ordinance No. 1278.
5. Based on historic zoning maps, the subject properties were originally zoned R2, Single
Family Residential (6,000 square foot minimum lot size) and subsequently changed in 1987
to R1, Single Family Residential (8,000 square foot minimum lotsize) under the oldzoning
code classification system. Then in 2009 the City amended its zoning code and changed
the R1, Single Family Residential (8,0000 square foot minimum Iot size) to R5; Residential
(Five (5) dwelling units per acre), the current designation of these propeRies.
6. The properties occur at an elevation of approximately 308. The properties are similarin
elevation to the roadway Aubum WY S and relatively flatexcept near the northern boundary
which slopes downhill to the north.
7. The land use designations and zoning for the subject properties have not been re-evaluated
for many years and therefore have not considered the appropriateness of the land use
designations based on the increased development along the roadway corridor. The subject
properties have been impacted by added development, intensification of commercial uses
and increased traffic along the Auburn WY S corridor.
The corridor has been impacted by the development and expansions of the Muckleshoot
Casino and Bingo Hall and the construction and operation of the White River Amphitheater.
In the immediate vicinity,,there has been further development on both sides of Auburn WY
S. Immediately to the east of the three subject properties, also on property zoned C1; Light
Commercial, is a veterinary hospital and pet grooming business. East of the veterinary
hospital is a drive through restaurant. And east of the driye through restaurant is a newer '
multi-tenant commercial center.
8. Auburn WY S has experienced increases in traffic volumes. According to the City's 1997
Comprehensive Transportation Plan, the year 1996 average daily traffic volumes were
29,183 on Aubum WY S in this vicinity of Hemlock ST SE. According to the city's current
Comprehensive Transportation Plan, the year 2009 average daily vehicle trips are 35,986 in
this same road segment;a 23% increase over a period of 13 years.
9. There are three City roadway improvement projects currently under design on the Aubum
WY S corridor between the Muckleshoot Plaza Drive (Casino area) and Hemlock ST SE: :
• CP1218—Auburn Way South from Muckleshoot Plaza Drive to Dogwood ST SE,
construction in 2015
• CP1118—Auburn Way South from Dogwood ST SE to Fir ST SE, construction in
2014
• CP1119—Aubum Way South from Fir ST SE to Hemlock ST SE, construction in
2014
The projects are all intended to improve vehicle and pedestrian safety while also reducing
congestion.
10. Project CP1119 includes the widening of Auburn Way South at Hemlock ST SE to include
two lanes in each direction and a center turn lane. Sidewalks will also be added to both
sides of the road. Currently at Hemlock ST SE, Auburn WY S is one lane in each direction
with'a center turn lane and without sidewalks. Project CP1119 is funded by a grant from the
Page 6 of 11
tiUBURN '� MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive Plan Date: October 10, 2013
Amendments—City Initiated Plan Map Amendments and Policy/Teut
Amendments
Washington State T�ansportation Improvement Board (TIB), the Muckleshoot Indian Tribe
(MIT), and the City of Aubum. Construction on CP1119 and CP1118 is scheduled to start in
early 2014 and last approximately 10 months.
1 LApproximately 13 feet of additional right of way width is,needed for project CP1119 on the
north side of Aubum Way South, east of Hemiock ST SE: in the vicinity of the subject
properties.
12. In terms of the status of the projects, the City is currently negotiating with property owners
for the acquisition of right-of-way needed for project CP1119. The City is also finalizing
design documents, working to obtain final design approvals from partners and stakeholders
(WSDOT and MIT). The City is also coordinating with Puget Sound Energy to underground
overhead power lines.
Recommendation
Planning Commission to recommend approval to the City Council
CPM #2
(Private/y initiated map amendment to be considered separate/y)
CPM #3
(Private/y initrated map amendment to be considered separately)
Comorehensive Plan Policv/Text Amendments
P!T#1
Incorporate Aubum School District Capital Facilities Plan 2013 through2019, adopted by
School Board May 28, 2013 into the City of Aubum Comprehensive Plan.
Discussion
The Aubum School District has provided the City with its annually updated Capital Facilities
Plan (CFP) covering from 2013-2019. The CFP was adopted by the Aubum School District
School Board on May 28, 2013 and has been subject to separate SEPA review and a
Determination of Non Significance (DNS). Information contained in the School'District CFP
servesasthe basis for the City's collection of school impac4 fees on behalf of the school district:
The Planning Commission action is incorporation of the Auburn School District Capital Facilities
Plan into the City's Comprehensive Plan.
A review of the Aubum School DistricYs updated Capital Facilities Plan indicates the District
is requesting a change in the fee obligations. The net fee obligation for single-family
dwellings isproposed to be $5,398.93, a decrease of$112.76 and the requested fee for
multiple-family dwellings is $3,387.84, an increase of$7.58. The actual impact fee that is
assessed is set by ordinance by the Auburn City Council.
Recommendation
Planning Commission to recommend approval to the City Council
Page 7 of 11
AU$LJRN �k MORE THAN YOU IMAGINED
AgendaSubjeet: CPA13-0003, 2013 Comprehensive Plan Date: October 10„2013
Amendments—City Initiated Plan Map Amendmentsand Policy/Te�ct
Amendments
( i
P/T#2
Incorporate the Dieringer School District Capital Facilities Plan 20142019 adopted July 30,
2013 by the School Board as part of the Aubum Comprehensive Plan.
Discussion
The DieringerSchool District has provided the City with its annually updated Capital Facilities
Plan 2014-2019. The CFP was adopted by the Dieringer School District Board of Di�ctors on
July 30, 2013. The CEP has been subject to separate SEPA review and a DNS. Infomiation
contained in the School District CFP serves as the basis for the City's collection of school
impact fees on behalf of the school district. The Planning Commission action is incorporation of
the School District Capital Facilities Plan into the City's Comprehensive Plan.
A review of the Dieringer School DistricYs updated Capital Facilities Plan indicates the
DisVict is requesting a change in the fee obligations. The net fee obligation for single-family
dwellings is proposed to be $5,299.00, an increase of$2,294.00 and the requested fee foc
multiple family dweilings is $1,766; an increase of$1,766.00. The adual impact fee
assessed is set by ordinance by the Aubum City Council.
Recommendation
Planning Commission to recommend approval to the City Councii
P/T#3
Incorporate Federal Way School District Capital Facilities Plan 2014 adopted June 25, 2013
by theSchooF Board into the City Comprehensive Plan. { �
Discussion
The Federal Way School District has provided the City with its annually updated Capital
Facilities Plan (2014). The CFP was adopted by the Federal Way School District School Board
on June 25, 2013. The CFP has been subject to separate SEPA review and a DNS. Informatiorr
contained in the School District CFP serves as the basis for the City's collection ofischool:
impact fees on behalf of the school district. The Planning Commission action is incorporation of
the School District Capital Facilities Plan into the City's Comprehensive Plan.
A review of the Federal Way School DistricYs updated Capital Facilities Plan indicatesthe
District is requesting a change in the fee obligations. The net fee obligation for single-family
dwellings is proposed to be $5,363.00, representing an increase of$1,349.00 and the
requested fee for multi-family dwellings is $1,924.00, an increase of$543.00. The actual
impact fee assessed is set by ordinance by the Aubum City Council.
Recommendation
Pianning Commission to recommend approval to the City Council
P/T#4
Incorporate Kent School District Capital Facilities Plan 2013-2014 to 2018-2019 adopted June
28, 2013 bythe School Board into the City of Aubum Comprehensive Plan.
Discussion
The Kent School Districthas provided its annually updated 2013-2014 to 201&2019 Capital
Fac'ilities Plan. The CFP was adopted by the KeM School District School Board on June 28,
Page 8 of 11
�j$jJ� * MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive Plan Date:Actober 10,2013
Amendments—City Initiated Plan Map Amendments and PolicylText
Amendments
2013 and has been subject to separate SEPA review and a Determination of Non Sign'rficance
(DNS). Information contained in the School District CFP serves as the basis for the City's
collection of school impact fees on behalf of the school district. The Planning Commission action
is incorporation of the School District Capital Facilities Plan into ihe City's Comprehensive Rlan.
A review of the Kent School DistricYs updated CapitaF Facilities Plan indicatesthe District is
not requesting,a change in the fees. The Plan indicates the net fee obligation for single-
familydwellings of$5,486.OQ representing no change, and for multi-family dwellings a fee
of$3,378.00, also representing no change. The actual impact fee that is assessed is set by
ordinance by the Auburn City Council.
Recommendation
Planning Commission to recommend approval to the City Council
CPM #5
Incorporate the City of Auburn's 6-year Capital Facilities Plan 2014-2019, into the City's
Comprehensive Plan.
Discussion
A Capital Facilities Plan is one of the comprehensive plan elements required by the Washington
State Growth Management Act(GMA) (RGW 36.70A). The GMA requires that a capital facilities
plan include an inventory of existing capital facilities (showing locations and capacities), a
forecast of future needs for such capital facilities, proposed locations and capacities of new or
expanded capital facilities, and a minimum of a six-year plan to finance capital facilities with
,, identified sou�ces of funding. The proposed City of Auburn 6-year Capital Facilities Plarr 2014-
2019 satisfies the GMA requirements for a capital facilities element as part of the
Comprehensive Plan.
Each comprehensive plan prepared under the GMA must include a capital facilities plan
element. RCW 36.70A.070(3) of the GMA states the following:
A capital facilities plan element consisting of:
(a)An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities;
(b)a forecast of the future needs of such capital facilities;
(c)the proposed locations and capacities of expanded or new capital facilities;
(d) atieast a six-year plan that will finance such capital facilitieswithin projected funding
capacities and clearly identifies sources of public money for such purposes; and
(e)a requirement to reassess the land use element if probable funding falls short of
meeting existing needsand to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan element are coordinated and
consistent. Park and recreation facilities shall be included in the capital facilities plan
element.
A capital facility is a structure, street or utility system improvement, orother long-lasting major
asset; including land. Capital facilities are provided for publicpurposes. Capital facilities include,
but are not limited to, the following: streets, roads, highways, sidewalks, street and road lighting
systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and
f , recreation facilities, and police and fire protection facilities. These capital facilities include
necessary ancillary and support facilities.
Page 9 of 11
�$j,J� �k MORE THAN YOU 1MAGINED
Agenda Subject: CPA13-0003, 2013 Comprehensive Plan Date: October 10,2013
Amendments—City Initiated Plan Map Amendments and Policy/Text
Amendments
The memo from the Finance Department contained in the working notebook identifies the major
changes in the CFP from last year. The proposed City of Auburn 6-year Capital Facilities Plan
2014-2019 is incorporated by reference in the Comprehensive Plan, Chapter 5, Capital
Facilities.
Recommendation
Planning Cominission to recommend approval to the City CounciL
CPM #6
Revise,portions of three chapters of the City's Comprehensive Pian for the same purpose of
redising the discussion of the emphasis of industrial uses.
Discussion
TFie requested policy/text amendments affect the foliowing chapters and pages:
. Revise Chapter 3 —`Land Use'
o Revise pages 3-34 through 3-35 and Page 3-39 related to emphasis of industrial
uses.
. Revise Chapter 8—`Economic DevelopmenY
o Revise pages 8-9 through 8-11 related to emphasis of industrial uses.
. Revise Chapter 14—'Comprehensive Plan Map'
o Revise page 14T5 related to emphasis of industrial uses.
In 2005 the State of Washington adopted streamlined sales tax(SST) legislation. Prior to SST;
sales taxcollection in Washington State was based on the site of origin, rather than on the site
of delivery. Under the SST tax structure, sales tax is collected at the site of delivery rather than
from those areas from which they were shipped. This change in tax structure puts the City of
Aubum at a disadvantage and negatively impacts its tax revenue.
Specifically, Aubum and similar cities have historically invested in infrastructure to support
businesses engaged in warehouse and distribution activities that ship goods to other �
destinations. Another concern for Auburn and similar cities that have invested in infrastructure
include how the debt that has already been extended for such infrastructure will be paid and
how the loss of a significant source of revenue will affect bond ratings.
Based on the then potential passage of SST, the Auburn City Council approved Resolution No.
3782 in November 2004. Resolution No. 3782 outlines an approach and actions the City will
take related to land use planning, zoning and other matters in the event a streamlined sales tax
proposal or other similar proposals that change the tax structure are adopted. (See the copy of
Resolution#3782 contained in the back of the working notebook.)
Because ofthe State of Washington's implementation of sales tax mitigation payments to cities
such asAubum, the impact resulting from streamlined sales tax has been somewhat lessened.
However, the continued availability of these payments is not certain due in part to the State's
current and anticipated fiscal challenges. ln addition, the amount of payments does not equal
the total loss in revenue to the City. The City's economic development strategies are dependent
upon the City being able to continue a strong publicinvestment program in infrastructure and
services. The City's ability to continue this public investment is contingent upon maintaining
solvent public revenue streams, particularly sales tax. Sales tax comprises the largest source of �
Page 10 of 11
AUBURN 'k MORE THAN YOU IMAGINED
Agenda Subjeet: CPA13-0003, 2013 Comprehensive Plan Date: October 10, 2013
Amendments—Ciry Initiated Plan Map Amendments and Policy/Text
Amendments
;' monies to the City's General Fund, approximately 30 percent in 2010. The City anticipates that
' current and long-term fiscal challenges facing the State of Washington will likely results in the
dissolution of the current sales tax revenue mitigation program. The eventual loss of the
aforementioned sales tax revenue will directly and adversely affect the City's ability to
adequately fund the qpital infrastructure and services necessary to support the realization of
the City's economic development strategies. This is especially applicable to industrial areas
supporting warehouse and distribution centers that are origin-based in nature.
In 2011, the City amended the City's Comprehensive Plan to identify that warehouse and
distribution land uses are not a preferred long-term economic development and land use priority
for industrial zoned areas in the City due to the loss of sales tax revenue associated with the
State's implementation of streamlined sales tax legislation, no substantive contribution to an
increase in per capita income for Aubum residents, no reduction in the tax burden of Aubum
residents, low employment densities, lower property values and land use inefficiencies.
These changes specified that increases in manufacturing and industrial land uses should be the
City's preferred economic development and land use priority for industrial zoned areas of the
City currently dominated by warehouse and distribution land uses. The City should revise
current comprehensive policies and regulations to provide for and require the conversion of
existing warehouse and distribution land uses to manufacturing and industrial land uses:
To implement the policy direction of the Gomprehensive Plan, the zoning regulations affecting
indusVial zoning disVicts was changed by Oriiinance#6433 near the end of 2012. Among other
more minor changes, the Ordinance established that any new or expansion of existing
t' � warehouse and distribution uses in the City would require the land use approval process of a
_ Conditional Use Permit(CUP). Since the time of these comprehensive plan and zoning
changes, the City heard from a number of property owners and property management
companies responsible for warehouse and distribution facilities located in the City expressing
concem. The majority of concems expressed were related to misunderstanding the effect of the
changes to pre-existing warehouse antl distribution uses. However, as a result of these
comprehensive plan and zoning changes, theproperty owners, property managers and their
professionai organizations of warehouse and distribution uses have supported and advocated
for the City with the state legislature. Asa result of this support, it is appropriate to revise and
"soften" the policy direction of the Comprehensive Plan to promote and encourage through
incentives the transition from warehousing and distribution uses rather than require the
conversion of these uses. The proposed policy and text changes are proposed for this purpose.
Recommendation
Planning Commission to recommend approval to the City CounciL
Page 11 of 11
AUBURN * MORE THAN YOU 1MAGINED
* *
c�TroF --��
WASHiNGTON AGENDA BILL APPROVAL FORM
Agenda Subject CPA13-0001, Wesley Homes Lea HiII CLC Date: October 9, 2013
Com rehensive Plan Ma Amendment
DepartmeM: Planning and Attachments: CPM#2- See Budget Impact: N/A
Development separate map amendment section
in Gom . P-lan binder
Administrative Recommendation: Planning Commission to conduct public hearing and
recommend to City Council approval of the Wesley Homes Lea Hill LLC Comprehensive Plan
Ma Amendment.
AGENT: Daniel K. Balmelli, Executive�ce President
Paul Cyr, Senior Pianner
Barghausen Consulting Engineers Inc.
18215 72nd Ave S
Kent,WA 98032
APPLICANT/OWNER: Kevin Anderson, President�CEO
Wesley Homes Lea Hill LLC
32049 109`" Place SE
Auburn,WA 98092
REQUEST. File No. CPA13-0001,
CPM#2 Map amendment to Map No. 14.1 —Map requested by Wesley Homes
Lea Hill , LLC to cfiange the designation of existing developed site and two
adjacent parcels]ocated.south of SE320th ST, between 108th and 110th AVE
SE of approx. 18.65 acres (Parcel Nos. 1721059007, 1721059253 &
1721059109) The Applicant seeks to change designations of their contiguous
parcels from "Single Family Residential"to"Public and Quasi-Public"to facilitate
subsaquent rezoning to accommodate future expansion of existing assisted living
facility.
LOCATION: The south side of SE 320�'St, tietween 108th and 110th AVE SE within NE
quarter of Section 17, T 21 North, R 5 East, W.M.
eview y ounci ommi ees: ev�ew y epartments ms�ons:
Arts Commission OUNCIL COMMITTEE : Building M80
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning 8 D . Fire Planning
Park Board Public Works Legal Police
Pianning Comm. Other Public Works HumanResources
Action•
�ommitteeApproval: BYesBNo
Council Approval: Yes No Cail for Public Hearing _/_/_
Referced to Until / /
7abled UnU'�T T
Counoilmember: Staff: Dizon
Meetin Date: October 22, 2013 Item Number:
�
Page 1 of 14
C�VBURN 'k MORE THAN YOU IMAGINED
Agenda Subjeet: CPA13-0001 Wesley Homes Lea HiII LLC Date: October 9, 2013
Comprehensive Plan Map Amendment
LOCATION
ADDRESSES & c
PARCELS: 32049 109"' Place SE. (Parcel# 1721-059007}, the existing assisted
Iiving facility
10925 SE 320'" ST(Parcel# 121059109 - NE comer), the single family
house)
10815 SE 320"' St(Parcel # 1721059253- North side), vacant site
EXISTING ZONING The main 18-acre parcel containing the existing assisted living facility is
zoned R7, Residential -7 dwelling units per acre(Parcel # 1721-059007)
10925 SE 320"' ST(Parcel # 121059109- NE comer, single family house)
is zoned R5, Residential - 5 dwelling units per acre
10815 SE 320"' St{Parcel # 1721059253-Nodh side, vacant site) is
zoned R5, Residential - 5 dwelling units per acre
EXISTING
COMPREHENSIVE
PLAN DESIGNATION:AII three sites are designated "Single Family Residential"
SEPA STATUS: A Determination of Non-Significance (DNS)was issued under city file
SEP13-0025 on September 6, 2013. The comment period ended
September 20, 2013 and the appeal period ended October 4, 2013.
A. Findings
1. The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to
_
the Washington State Growth Management Act (GMA) requirements, as amended. The ;
Aubum Comprehensive Plan has been amended annually each year since.
2. Comprehensive Plan amendments can be initiated by the City ofiAubum (city-initiated) and
by private citizens (privately-initiated). The City received two privately ',initiated
Comprehensive Plan map amendment by the submittal deadline of June 7, 2013. The
application received from Wesley Homes Lea Hiil LLC is processed as a privately-initiated
application.
3. This staff report and recommendation addresses Comprehensive Plan map amendment
CPM #2, Wesley Homes Lea Hill LLC. Other private ini4iated Comprehensive Plan
amendment applications and the City initiated Comprehensive Plan Amendments are
addressed in separate staff reports.
4. Comprehensive Plan amendments are initially reviewed during a public hearing process
before the City of Aubum Planning Commission, who then provides a recommendation to
the City Council for final action. City Council consideration and action on the amendments
generally occurs but is not required prior to the end of the year
5. RCW 36.70A.130 '(The Washington State Growth Management Act (GMA)) proyides for
amendments to locally adopted GMA comprehensive plans. Exoept in limited
circumstances provided for in State law, Comprehensive Plan amendments shap be
considered by the city or county legislative body no more frequently than once per year.
The annual limitation and exceptions are also restated in city code at AGC 14:22.060.
;
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comprehensive Plan Map Amendment
6. The City of Aubum established a June 7, 2013 deadline for the submittal of privately-
initiated Comprehensive Plan applications (map or policy/text amendments). Notice to the
public of the filing deadline was provided on the City's website, the Seattle Times, and sent
to a compiled notification list. The City received two privately initiated comprehensive plan
map amendments. No applications were received for policy or text amendments.
7. A Determination of Non-Significance (DNS), the environmental review decision required
under the State Environmental Policy Act (SEPA), was issued for the Wesley Homes Lea
Hill LLC Comprehensive Plan Map Amendment and Rezone under City File No. SEP13-
0025 on September 6, 2013. The comment period ended September 20, 2013 and the
appeal period ended October 4, 2013. While there were phone inquiries, no comment
letters were received in response to the issuance of the environmental review decision.
8. Aubum City Code Chapter 14.22 outlines the process for submittal of private initiated
amendments and the processing of comprehensive plan amendments as foliows:
"Sectibn 14.22.100
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be given
pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site-specific plan map amendments:.
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within a radius of 300 feet of the;proposed map amendment request, not
less than 10 calendar days prior to the public hearing;
2. For area-wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not '
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area
subject to the proposed amendment not less than 10 calenda�days p�ior
to the date of the public hearing.
B. Notwithstanding the above,the director may expand the minimum noticing provisions
noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall.conduct a
public hearing on all potential comprehensive plan amendments and shall make and
forward a recommendation on each to the city cbuncil. The planning commission
shall adopt written findings and make a recommendation consistent with those
findings to the city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said.amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeaf of an amendment to the comprehensiye plan shall be made in
accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)
9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
' this agenda bill were sent to the Washington State Office of Commerce and other state
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comprehensive Plan Map Amendment
agencies as required for the 60-day state review on September 17, 2013. The Washington
State Office of Commerce acknowledged receipt by letter dated October 8, 2013. No ; �
comments have been received from the Washington State Department of Commerce or
other state agencies as of the writing of this report.
10. Due to the nature of the city-initiated map amendments and the scope and limited number
of privately initiated policy/text changes, the optional process as provided in.the city code
for a public open house was not conducted.
11. The public hearing notice was published on October 10, 2013 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 22, 2013.
12.The following report identifies comprehensive plan map amendment, CPM #2, scheduled
for the Planning Commission's October 22, 2013 public hearing with a staff
recommendation.
CPM #2 (Como. Plan Mao Amendmentl — Staff Analvsis
Background
1. The Comprehensive Plan map amendment application (File No. CPA13-0001) was
submitted on June 6, 2013 by the submittal deadline ofiJune 7, 2013.
2. The application was submitted by Daniel K. Balmelli, Executive Vice Presiiient, and Paul
Cyr,Senior Planner, of Barghausen Consufting Engineers Inc. as agents on behalf of Kevin
Anderson, President& Chief Executive Officer, Wesley Homes Lea Hill LLC, Applicant.
3. In addition to the Comprehensive Plan Map Amendment Application, the Applicant also - '
' submitted an environmental checklist application (File No. SEP13-0025) and a rezone
application (File No. REZ13-0001). The Applicant also provided an application for
amendment of the Previous Conditional Use Permit (File No. CUP13-0002) to provide
redundancy for the Puture skilled nursing facility in the event the comprehensive plan
amendment and rezone are not successful.
4. The Comprehensive Plan map amendment application seeks to change the designation ofi
existing developed site and two more recently acquired adjacent•parcels (three (3) parcels
total) located south of SE 320th ST, befiveen 108th and 110th AVE SE and totaling
approximately 18.65 acres (Parcel Nos. 1721059007, 1721059253 8�17210591Q9) from
"Single Family Residential" to "Public and Quasi-Public" to facilitate subsequent rezoning to
accommodate future expansion of existing elder care facility.
5. As indicated by the ApplicanYs narrative submitted with the application, the Comprehensive
Plan Amendment and related rezoning have been requested for the purpose of changing the
land use designation of the property to ensure the ability for future redevelopment. More
specifically, the wmprehensive plan map amendments and rezones are requested for the
purpose of facilitating the site preparation and construction of a 36-bed, skilled nursing
� facility as aa building addition to the existing main building on the main parceL `
History of Existing Development
6. The following information on the existing Wesley Homes Lea Hill Senior Living Facility' is
derived primarily from the application materials. The approximately 18.38=acre campus is
accessed by a north-south private street (109"' Place SE) e�ending south from SE 320"' � I
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comprehensive Plan Map Amendment
Street leading to the site buildings. The central portion of the site contains trees, wetlands
; and a stream that were preserved or enhanced at the time of development. The site
buildings, access, and parking areas were developed around these on-site resources.
"Ebv Lodpe": The north central portion of the site contains the main, three-story building
containing approximately 128 residential apartments, dining room, and rooms for specific
activities, such as theater, game room, wood shop, chapel, beauty salon, and fitness center.
The building also contains underground parking and a secure wing for individuals living with
memory impairment.
"Villaqe Homes" — The east side and south sides of the site are bordered by a row of 22
single story homes, primarily as duplexes, that provide an independent living situation.
"Brownstones"— The southwest corner of the site contains iwo, lwo-story buildings with
underground parking and approximately 12 apartment homes in each building.
7. In 2004, the Applicant, Kevin Anderson of Wesley Homes, submitted 3 applications to the
City:
a. A rezone application (File # REZ040004) was submitted to change from R1,
Single Family Residential (8;000 square foot minimum lot size) to R2, Single
Family Residential (6,000 square foot minimum lot size). The vicinity is also
subject to the Lea Hill zoning overlay whose main purpose is continuing some of
the King County development standards for previously platted property within this
annexed area. The rezone was needed because nursing homes/assisted living
uses were not allowed in the R1 zoning district but were allowed in the R2 zoning
district through a conditional use pertnit (CUP). The zoning designations have
subsequently changed by the city.
b. A Conditional Use permit application (File #CUP040004) was submitted since at
the time, the land use approval required to authorize nursing homes/assisted
living uses in the City's R2, Single Family Residential (6,000 square foot
minimum lot size) zoning district. The Conditional Use Permit authorizes a
specific site plan and; in this case, also authorized a building height variance of
six feet to increase the height.of the main building to 36 feet.
c. An environmental checklist application (Fie # SEP040020) was submitted for
the state--required analysis of the environmental impacts and city decision on the
proposed land use changes and the proposed development.
8. In response to the applications received, the City issued a Final Mitigated Determination of
Non-Significance (Final MDNS) (File # SEP040020) on August 31, 2004. The Final MDNS
contained seven conditions in order to reduce or avoid environmental impacts. While not
identified as part of the proposed action at the time, the environmental checklist application
acknoin+ledged that a future phase to add a skilled nursing facility as part of the project.
� 9. AssAlso in response to the applications received, the City's Hearing Examiner on
September 21 2004 conducted a public hearing on the on the rezone and conditional use
pertnit (and variance). Afterthe hearing, the Hearing Eicaminer recommended approval to
the city Council. The City Council on November 15 2004 considered the request and
adopted Ordinance No. 5881 approving the rezone and Conditional Use Permit with five
� ; conditions.
Agenda Subject: CPA13-0001 Wesley Homes Lea Hi�l �LC Date: October 9, 2013
Comprehensive Plan Map Amendment
10. Construction pertnits were applied for in 2005 and the site development was generally
completed in 2006. At the time of construction, the two smaller parcels were not owned by
Wesley Homes and contained single family residences. The two smaller parcels were
subsequently acquired by Wesley Homes.
13. in 2009 the city amended its zoning code and changed the R1, Single Family Residential
(8,0000 square foot minimum lot size) to R5, Residential (Five (5) dwelling units per acre)
and changed the R2, Single Family Residential (8,0000 square foot minimum lot size) to
the R7, Residential (seven (7) dwelling units per acre) zoning designation. The City also
changed the set of uses allowed in the zoning districts such that the R7, Residential (Seven
(7) dwelling units per acre)zoning designation does not allow nursing homes/assisted living
facilities in this zoning district. By this change, the Wesley Home project was made a
legally-established use that is non-conforming to the use regulations.
14.The current Comprehensive Plan designation, zoning designation and land uses of the
sites and surrounding properties are as follows:
Current Current Cunent
Comprehensive Plan Zoning Land Use
Main Parcel: Smaller Main Parcel Smaller Main Parcel: Smaller
Slte 1721059007 Par�ls: 1721059007: Parcels: 1721059007 Parcels:
Location 1721059253 1721059253 1721059253
&1721059109 &1721059109 &1721059109
R7,
ResidenGal Residential Seniod One is
`Single Family Residential" (seven(7) Assisted vacant; one
On-ske dwelling (Five(5) Living corrtains a SF
units per dwelling units Facility residence
acre) per acre)
"Single Family Residential" R5 Residential (Five (5) Single family residential
NoRh dwelling units per acre)
"Singie Family Residential" RS Residential (Five(5) Single family residential
South dwelling units per acre
"Single Family Residential" R5 Residential (Five(5) Single family residential
East dwelling units per acre)
"Single Family Residential" RS Residential (Five(5) Single family residential
West dwelling units per acre)
Agenda Subject: CPA13-0001 Wesley Homes Lea Hili LLC Date: October 9, 2013
_Comprehensive Plan Map Amendment
f: ' + ,n -�Ii' 1 � �� `" _ _
,
t ! � r_, � i , � ;'` I= ' �s� - .i _ -
� ' � - _ V � ' ' �
�'' ���' � � —
� _, , . —
' �.� , ;� �_i
I '.. J � _� ��I� ° (_:
� � > t � �
i , �
i A -� �'S. -' � -� "
' \ I �V `'� � , i; �,.
� � � � �
� � �� - �n --�- I� c - � � a _.Li`� � f-
'_' I _ f I Y� � i � �y I I ' � : ,r � '_
� f ii . .l � , ( Cr'I'� l I 'tl " � r l�' � �
� �-.. .� 1 I � � I I L '•�,
I G
�� - �i? I`I � . J L.' � C � � � r .
�.` ll s I .. .�{�1�. .. I, � _ t, ( .1
J � � ^ �I � l
� m � ' ' C�� � i ` ' . 2 ' LRC�:
( � J �'� � 9 1 1 L �� J
i,/ n � (,y � L
: F € _�i . � �]
r _� ^ __
r
i � p� _'i Ci
��`. �._! � rj "SUW � �.: 1 � ...- _ .
� ± � (1 r � �� r
., ih � .� � I � � I C � v' r-.
:l \JJ' .� C � J^ °r "
L� �f
V - _
t
�� � L� �\ �J � ^ W - /h U '�
� � �� r , � [^ 1 � t
_� A � Ls _ � � ; t, ,
- - � j'��`;? � � ° '
� ,
� � ,� � �. ,�. ,�
,.,
_ �
f_,. rr � r� � ' � lrJc . :_� o � � ,
I E r
.7 � [ ����� ,� �`'� ...' _ '. 1� 1 j�.
��� > :�! I . 4� i� ���l
+'-: t � - �Ir 1 (.
�5' r� �.�,( '_''� � � 1 � I �i (� C�� �i $ ��
i �
' , u I _
�+, n
�:^ L�.� ,=i I _�l� � : �� �^ �;s'r � _ � � ''1'1
� ' .
� / 5� l
�� r I '� -- f � C . �� a;
t ,y L1 [.� � . I L , i : I �,. , t.r �V���e
�� (` r
: � � y _ h 1 �
'l 4
;� z � r � � fl �„„ ; s,,.
= ' �'' i ] '��i �� �
� ��� �> -. - i a -� � x n i ,��
1�- " � . � � �'' i� '�
,�I ' }; `.� '?� �-� ` na _.� 7' ti ` �r. `.�,�J
:t.^i � � !"' � C' J�� -=J ii � �� �
_ 3 �� , ��`' � � i. I:j '' /, w
� c� - � - � '.. 5� �- .1 v
rl �_ _ _ - - f'� � �J `•.�� [� � -�" _ ' 1
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comprehensive Plan Map Amendment
15.The request seeks to change the designation of existing developed site and two more 1
recently acquired adjacent parcels (three (3) parcels total) and totaling approximately
18.65 acres (Parcel Nos. 1721059007, 1721059253 &1721059109) from "Single 'Family
Residential" to "Public and Quasi-Public" to facilitate subsequent rezoning to accommodate
future ezpansion of existing assisted living facility. The parcels requested for change are
contiguous and generally rectangular in shape.
16. All three parcels border S 320th Street, which is classified by the city as a "Residential
Collector" street which prescribes either 2 or 3 lanes and a 55-foot wide right-of-way. Two
blocks to the east the same roadway classification changes to a "Minor Arterial" street
which prescribes a minimum 71-foot right-of-way. S. 320th Street along the project
frontage is generally improved on the south side of the road. The existing assisted living
facility is also bordered to the east by 110th Ave SE, which is classified as a "Local
Residential" street which prescribes 2 lanes within a 50-foot wide right-of-way. A private
street of 108th Avenue SE borders to the west.
17. The property is located within the King County portion of the City of Aubum and is{ocated
within an area that was annexed to the city in the year 2000 by City ordinance No..5346.
18. The 2 smaller parcels, to the north side of the assisted living facility have been zoned R1,
Single Family Residentiaf (8,000 square foot minimum lot size) from annexation in 2000
until 4he zoning was changed to R5 in 2009, as previously mentioned.
19. The eastem otthe 2 smaller parcels (Parcel # 1721059109 — 10925 SE 320th St) contains
an existing single family house. The westem of the 2. smaller parcels (Parcel # I
1721059253 — 1081.5 SE 320th St) is vacant. The previous singlefiamily house has been
removed.
Process and Criteria for Requested Amendment
20. The purpose of the City's Comprehensive Plan document is to provide a policy basis for the
future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent as required by the following city code section:
"ACC 14.22.050 Conformance and consistency.
The zoning, land division ani! other development codes contained or referenced within
Aubum City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be, made in conformity with the
comprehensive plan. "
21. The City code provides certain criteria for decisions for comprehensive plan amendments
as follows:
"ACC 14.22.110 Decision criteria for plan amendments.
A. The comprehensive plan was developed and adopted after significarrt study and
public participation. The principles, goals, objectives and policies contained therein shall
be granted substantial weight when considering a proposed amendment. Therefore, the
burden of proof for justifying a proposed amendment rests with the applicant, who must.
demonstrate that the request complies with and/or relates to the following decision
criteria:
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comprehensive Plan Map Amendment
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain intemally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based are found to
be invalid;
4. A determination of change or lack of change in comditions or
circumstances has occurred since the adoption ofi the latest amendment to the
specific section of the comprehensive plan that dictates the need fora proposed
amendment;
5. If applicable, a determination that a question of consistency exists
between the comprehensive plan and Chapter 36JOA RCW, the countywide
planning policies for either King and/or Pierce County, as appropriate, and Vision
2040: Growth and Transportation Strategy for the Puget Sound Region."
22. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the plan will remain intemally consistent.
The Comprehensive Plan contains the following policy guidance that relate to this
appiication. Chapter 14, Comprehensive Plan Map, starting at page 148 provides the
following purpose and description of the 'Public and Quasi-Public" Comprehensive Plan
designation:
'Public and Quasi-Public
j , Purpose: To designate areas of significant size needed to provide public and
quasi-publia services to the community.
Description: This category includes those areas which are reserved for public
or quasi public uses of a develooed character. It is intended to include those of a
siqnificaht extent. and not those smaller pubiic uses which are consistent with
and may be induded in another designation. Public uses of an industrial
character, such as the Genera/Services Administratron, are�nc/uded 7n the
industrial designation. Streets, utilities and other public activities supporting
other uses are nof considered separate uses and are not so mapped. This
designation includes large churches, private schools and similar uses of a auasi-
public character. Deve%ped parks ace a/so designated under this category.
Compatib/e Uses: Uses more appropriately designated under anofher category
should not be designated under this category,irrespective of ownership.
Industria/and commercial uses which are a�liated with ahd managed dy
educational institutions for vocatronal educational purposes may be classified as
a public use and permitted on a conditiona/basis.
Criteria for Designation: Designation of these areas should be consistent with
the character of adjacent uses.
Appropriate lmp/ementation: This designation wilf generally be implemented
by three zones:
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comp�etiensive Plan Map,4mendment
1) P-1 (Public Use) Drstrict provides for the location and development of
publia uses that serve the cultural, educafional, recreationa/and public
service needs of the community.
2) I(Institutiona/ Use) District provides for similar uses, but includes schoo/s
and typically allows a much broader listof uses.
3) LF(Landing Field) District provides for the operafion and managemenf of
the Auburn Municipal Arrport.
The designatron can also be implemented as a conditional use undervarious
zones. Approval of these types of uses (and open space uses), not 7ndividually
designated on the P/an Map, under a conditiona!use permit or rezone consistent
with or re/ated to adjacent zoning, shall not be considered fnconsistent with the
designations under this Plan."(Emphasis added)
The request to change the designation of the 3 parcels to "Public and Quasi-Public" is
consistent wi4h the Comprehensive Plan. The properties are developed with oradjacent to
properties with land uses of a quasi-public character(the assisted living facility). •
For comparison, Chapter 14,"Comprehensive Plan Map", starting at page 143 provides the
following purpose and description of the 'Single Family ResidentiaP Comprehensive Pian
designation:
"Single Family
Purpose: To designate and protect areas for pcedominantty single family
dwellings.
�
Descripfion: This category includes those areas reserved primarily for sing/e.
family dweNings. lmp/ementing regulations should provide foran appropriate
range of/ot sizes, clustered and mixed housing types as part of a p/anned
deve/opment.
Compatib/e Uses: Single family residences;and uses that serve or support
residentia/development, such as schools, daycare centers, churches and parks
shaU be considered appropriate and may be permifted on a conditional basis.
Othec publk 6uildings and semi-pu6lic uses may be permitted if designed and
laid out in a manner which enhances rather than detracts from the residential
character of the area. In siting such uses, however, specia/care shalf be given
to ensuring adequate parking, landscaping, and traffc circu/ation wifh a minimum
of conflict with residential uses. Uses which generate significant traffic (such as
large churches) shou/d only locate on developed arteria/s in areaszoned for
institutiona/uses.
lntrusion of industrial uses into any of these sing/e family areas shall be
prohibited. On/y very limited commercial uses such as home occupations or
strictlylimited appropriate conditional uses can be allowed.
P/anned developments should be favorably considered fn these designations rn
order to allow optimal flexibility. In providing such flexibility, the emphasis should
be on smalf alfey-loaded lot sing/e family deve/opment,limitedJow density
multifamity housing and a mixture of types, and design diversity should be
qgenda Subject: CPA13-0001 Wesley Homes Lea Hill �LC Date: October 9, 2013
Comprehensive Plan Map Amendment
sought. Except where conditiona/use permits have been previous/y granted,
i a/ternate structure types shou/d not exceed more than 40 percent of the vnits,
and alternative structures should in most cases contain no more than four
dwelling units each. However, where substantia/offsetting community benefds
can be ident�ed, such altemative structures may 6e allowed to contain more
than three units each.
Criteria for Designation: Areas suitab/e for this designation indude those areas
designated in goa/s and policies of this P/an as single family areas. Consistent
with those policies, areas within the Community Serving Area of the City suitab/e
for this category shou/d be reserved for these uses. This designation shou/d also
be applied to areas adjacent to/ower density residentia/p/an designations.
ConsideraGons Against App/ying this DesignaGon: This designation woufd
not be generally appropriate (although exceptions may exist) in the foNowing
areas:
1. Areas with high volumes of through traffic.
2. Areas developed in or more appropriate under the Plan
policies for another use.
3. Areas within the Region Serving Area of the City.
Appropriate/mp/ementation: Three zones may be used to imp/ement this
� category.•
1) R-1: Permits one dwelling unit per net acre. This zone is primarily
app(ied to areas designated as urban separators under the King County
Countywide Planning Policles where rezones from existing densities (typically
one unit per acre) are not al/owed for a 20 yea�period and/or to areas with
significant environmenta/constraints. !t may also be applied in limited instances
to areas where greater densities are limited by environmenta/constraints.
2) R-5: Permits 4-5 dwelling units per net ac�e. This zone rs intended to
create a living environment of opfimum standards for single family dwellings.
Dup/exes are conditionally permitted subfect.to meeting infill residentia/design
standards. It is intended to be applied to the relatively undeve%ped portions of
the City, areas where exisfing deve/opment pattems are consistentwith the
density and up/and areas where greater dens7ties wouid strain the transportation
system.
3) R-7: Permits 5-7 dwelling units per net acre. This zone provides for
relative/y small lot sizes. It may be applied to fhe older neighborhoods of fhe City
and reFlects the typically smaller lot sizes found there. Application of this zone
should be considered for areas considered appropriate for a mix of housing
types, particu/arly rn some of the Specia/P/anning Areas as discussed be/ow.
The current designation of the 3 parcels is 'Single Family Residential' and is proposed to
change to "Public and Quasi-Public'. The properties are either: vacant, developed with single
family residence or developed with an assisted living facility. The existing and proposed
Agenda,Subject: CPA13-0001 Wesley Homes Lea Hili LLC Date: October 9,20i3
Comprehensive Plan Map Amendment
character as an assisted living facility more closely matches the developed character of the
assisted living facility. This change in designation is appropriate in proximity to the surrounding i i
areas 4hat are designated "Single Family Residential'. The request to change, does not
adversely affect the integrity of the remaining area of Single Family Residential'.
11.Also, in Chapter 3, Land Use, the Comprehensive Plan document provides various policies
which relate to this request. Several policies promote additional residential development in
order to meetcommunity and growth management goals. The following excerpted policies
relate to this requested change to"Public and Quasi-Fublic":
"Chapter 3, Land Use
GOAL 7. RESIDENTIAL DEVELOPMENT
To emphasize housing developmenf at sing/e family densities, in order to reestablish a
mixof housinp tvpes a,ovropriate fora familv oriented communitv. while recognizing the
need and desire for both/ower density and higher density housing appropriate/y/ocafed
to meet the housing needs of all members of the community.
Objective Z 1. To establish a system of residentia/densities thataccommodates a range
of housing choices appropriate for the city.
Policies:
LU-13 The City shou/d promote the provision, preservation and maintenance of
adequate housing for the city's residents by encouraainq a ba/anced mix of housino
tvnes and vafues apvropriafe to the income leve/s and lifestv/es of area residents.
Auburn has a/ways been willing to accept its "fair share"of low and moderate cost
housing opportunities. However, this has transfated into a greaf disparity im Puget 3ound
communities with cities such as Auburn receiving more of these types of housing than
ofher comparab/e communities. This has had impacts in terms of the costs ofineeting
human service needs as well as some poorly maintained muttifami(y properties which
have caused a variety of prob/ems. Auburn will ivork to insure that housing units are
equitab/y disfibuted across the region in terms of both physical location and cost.°
While the request seeks to change the designation of the property to "Public and Quasi-Public'
when developed as an assisted living campus, Goal 7 and Policy LU-13 of the Comprehensive
Plan recognizes the important role that these quasi-public facilities such as assisted living
facilities contribute to residential neighbofioods. The proposal fuifils the goal of providing a
range of housing styles so that residents can remain in the community as they adyance in age
and not have to go outsidethe community to find housing accommodate suitable for advanced
age. Also, this change facilitates the existing assisted living facility iYs expansion— the
neighborhood already containsthis land use--it is not a new land use for the vicinity:
"GOAL 12. URBAN REDEVELOPMENT
To encourage redeve/opment of underutilized areas to reduce spraw/and take full
advantage of the City's investment in exrsting infrastructure.
Objective: 12.1 To facilitate infill development.
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: October 9, 2013
Comprehensive Plan MapAmendment
Policies:
1
LU-117 Encouraae well desianed rnfill and redeve/opment proiects to fullv utilize
previous investment in existinq infrastructure in the sinqle familv residential. moderate
density residenfial, and high density residential designated areas of the City. "
The requested change is to facilitate further development of the assisted living facility and build
upon the significant existing capital investment in the site. Redevelopment of the 2 smaller sites
capitalizes on the existing location that is appropriate and accessible and serves the
neighborhood and community. The assisted living facility is bordered by a "residential collector"
street(S 320'" STj and a "local residential" street (110�'Ave SE).
23. The second decision criterion is that the comprehensive plan amendment must not
diminish or increase the ability to provide adequate services.
The proposed application for a change in comprehensive plan designation and zoning has
been reviewed by the Fire Agency and the City's Utilities and Traffic divisions. Based on
these reviews, the change would notadversely affect the provision of services.
The proposal is a non-project action; the proposed application is for a change in the
comprehensive plan designation and zoning. The proposed "project action" for physical
development of the assisted living facility has been addressed in the city's environmental
review and final Determination of Nonsignificance (DNS).
� The proposed change by itself, if approved will not affect the ability to provide ade_quate
services. As noted by the Applicant in the "Written Statement in Support of the
Comprehensive Plan Amendment", the existing site is served by adequate public services
the change is not expected to result in an increased demand that will negatively diminish
serVices or the ability to provide services.
As typical with development in the City, the infrastructure improvements needed to serve the.
development would be the responsibility of the future development. At the time of
development, adequate services are required to be provided concurrent with the
development in order for the project to be authorized. So, it is not anticipated 3hat approval
of the request negatively affects provision of services.
24. The third decision criterion is that the assumptions on which the comprehensive
plan is based are found to be invalid.
While the policies of the Comprehensive Plan are not invalid, a change to the mapped
configuration of the ]and use designations of this request is logical (a change to Map No.
14.1). The 3 parcels are surrounded by areas designated: "Single Family Residential". So
while the proposed change represents a change from the surrounding areas, it is of a use
and scale that warrants a change to the comprehensive plan map. While not "invalid" the
change more accurately reflects the current development pattem and reduces potential
conflicts and provides more logical boundaries as they are proposed to be separated by
public rights-of-way.
25. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption of the latest
Agenda Subject: CPA13-0001 Wesley Homes Lea Hill LLC Date: Octobec 9,2013
Comprehensive Plan Map Amendment
amendment to the comprehensive plan that dictates the need for a proposed
amendment. I I
Changes that have occurred since the time of adoption of the city's GMA compliant
Comprehensive Plan in 1995 is that Wesley Homes has developed its assisted living facility
and the city has implemented new zoning standards. Another change is that Wesley Homes
has acqui�ed the two adjacent properties abutting the existing parcel.
26. The fifth decision criterion is thaY the change must be determined to be consistent
with the Growth Management Act (GMA)(RCW 36.70A), the Countywide Pianning
Policies of the relevant` county and "Vision 2040: Growth and Transportation
Strategy for the Puget Sound Region".
The change if approved would continue to be consistent with the Growth Management Act.
(RCW 36.70A), the Countywide Planning Policies of King County and "Vision 2040: Growth
and Transportation Strategy for the Puget Sound Region", The proposal is consistent
because enhances the general goal of providing public facilities concurrently with the needs
of education and residential development.
27. The si�cth decision criterion, applies only to changes of the mapped land use
designation of a specific property, the applicant must demonstrate one of the
following:
a. The current land use designation was clearly made in error or due to an
oversight;
b. The proposed land use designation is adjacent to property having a similar
or compatible designation, or other conditions are present to ensure
compatibility wkh surrounding properties;
c. There has been a change in conditions since the currerrt land use
designation came into effect. (Ord. 6172 § 1, 2008.)
As noted in response to other criteria above, growth and development has continued within
Lea Hill area of Aubum. The development has included the development of the Wesley
Homes Lea Hill Assisted living facility that was not contemplated in 1995 when the city
adopted it GMA-compliant Comprehensive Plan. Another change, is the city has
implemented new zoning standards that make assisted living facility uses not allowed in the
R7, Residential (seven (7) dwelling units per acre) zoning designation. Another change is
that Wesley Homes Lea Hill LLC has acquired the two adjacent properties abutting their
existing parcel since the time of establishment of the comprehensive plan designations and
� Wesley Homes Lea Hill LLC seeks to make aai#e�uniform the designations of all their
parcels. Based on these, there have been changes which meet the criteria of Item b.
Staff Recommendation
Planning Commissionto recommend to the City Council aqaroval of the Wesley Homes Lea Hilf
LLC(CPA13-0001) request for a Comprehensive Plan Map Amendment.
*
cirr oF =�_
WASHINGTON AGENDA BILL APPROVAL FORM
Agenda Subject CPA13-0002, Fonpee LLC& E. Stanberry Date: October 9,2013
Com rehensive Plan Ma Amendment
DepartmeM: Planning and Attachments: CPM #3- See Budget Impact: N/A
Development separate map amendment section
in Com . Ptan binder
Administrative Recommendation: Planning Commission#o conduct public hearing and
recommend to City Council approVal of the Fonpee LLC& E. Stanberty Comprehensive Plan
Ma Amendment.
AGENT: Mike Cotter, President
Fonpee LLC
An Omega USA,Jnc Campany
3705 W Valley Hwy N
Aubum, WA 98001
APPLICANTS/OWNERS:Mike Cotter, President Edwin Stanberry
Fonpee LLC 3719 W Valley Hwy N
An Omega USA, Inc Company Auburn, WA 98001
3705 W Valley Hwy N
Aubum,WA 98001
REQUEST: File No. CPA13-0002:.
CPM#3 Map amendment to Map No. 14.1 -Map amendment requested by two
adjacent property owners; Fonpee LLC,ant! E. Stanberry of property located at
i � the NW corner of 37th ST NW and W Valley HWY of approx.2.10 acres (Parcel
Nos.A221049077&0221049098)ta change designations of a portion of the
parcels from 'Heavy Commercial 'to'Lighf Industrial'to facilitate subsequent
rezoning and to eliminate split designations of each parcel and accommodate
future potential development.
LOCATION: The property addresses are 3705 W ValleyHwy N (Parcef#0221049098)and
3719 W Valley Flwy N (Parcel#0221049077)within NE quarter of Section 2, T
21 North, R 4 East, IN.M.
EXISTING ZONING: Both subject parcels have split zoning (tuvo class'rfications). The western part is
Mi, Li ht Industrial:andlhe eastem art is C3, Hea CommerciaL
ev ew y ounc ommittees: v�ewe y epartmen rvisions:
Arts Commission OUNCIL COMMITTEE : Building M80
Airport Finance Cemetery Mayor
Hearing F�caminer Municipal Services Finance Parks
Human Services Planning &D Fire' Planning
Park Board Puhlic Works Legal Police
Planning Comm. Other Public Works Human Resources
Action•
�mmittee Approval: Yes No
Council Approval: BYesBNo Call for Public Hearing _!/
Referred to Until / /
Tabled UnU'�7—T
Councilmember. Staff: Dixon
Meetin Date: October 22, 2o13 Item Number:
i i
Page 1 of 13 �
riUBURN 'k MORE THAN YOU IMAGINED I
I
Agenda Subject: CPA13-0002 Fonpee LLC 8 E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
EXISTING � 1
COMPREHENSIVE
PLAN DESIGNATION: Both subject parcels have split comprehensive plan designations(two
designations). The western part is"Light Industrial"and the eastern part is
"Heavy Commercial".
SEPA STATUS: A Determination of Non-Significance(DNS)was issued under city file SEP13-
0019 on August 26, 2013. The comment period ended September10, 2013 and
the appeal period ended September 24, 2013. '
Findings
1. The City of Aubum adopted amendments to its Comprehensive Pian in 1995 in response to
the Washington State Growth Management Act (GMA) requirements, as amended. The
Aubum Comprehensive Plan has been amended annually each year since.
2. Gomprehensive Plan amendments can be initiated by the City of Aubum (city-initiated) and.
by private citizens (privately-initiated). The City received three privately initiated
comprehensive Plan map amendment by the submittal deadline of June 7, 2013.
3. Ttiis staff report and recommendation addresses Comprehensive Plan map amendment
CPM #3, combined for the Fonpee LLC 8� E. Stanberry Properties: Other private initiated
Comprehensive Plan amendment applications and the City initiated Comprehensive Plan
Amendments are addressed in separate staff reports.
4. Comprehensive Plan amendments are initially reviewed during a public hearing process
before the City o_f,Aubum Planning Commission, who then provides a recommendation to
the City Council for final action. City Council consideration and action on the amendments
generally occurs but is not required prior to the end of the year.
5. RCW 36JOA.130 (The Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circumstances
provided for in State law, Comprehensive Plan amendments shall be considered by 4he city
or county legislative body no more frequently than once per year. The annual limitation and
exceptions are also restated, in city code at ACC 14.22.060.
6. The City of Auburn established a June 7, 2013 deadline for the submittal of priVately-
initiated Comprehensive Plan applications (map or policyftext amendments). Notice to the
public of the filing deadline was provided on the City's website, the 8eattle Times, and sent
to a compiled notification list. The City received two privately initiated comprehensive plan
map amendments.
7. A Determination of Non-Significance (DNS), the environmental review decision required
under the State Envirnnmental Policy Act (SEPA), was issued for the Fonpee LLG & E.
Stanberry Comprehensive Plan Map Amendment and Rezone under City File No. SEP13-
0019 on August 26, 2013. The comment period ended September 10, 2013 and the appeal
period ended September 24, 2013. While there were phone inquiries, no comment letters
were received in response to the issuance of the environmental review decision.
Page 2 of 13 �TT
tW BURN * MORE THAN YOU IMAGINED
qqenda Subjed: CPA13-0002 Fonpee LLC 8 E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
8. Aubum City Code Chapter 14.22 outlines the process for submittal of private initiated
amendments and the processing of Comprehensive Plan amendmeMs as follows:
Section 14.22.100
A. The planning commission shall hold at least one pubfic hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be given
pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site-specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not less
than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within a radius of 300 feet of the proposed map amendment request, not less
than 10 calendar days prior to the public hearing;
2. For area-wide plan map amendments:
a. Notice shail be published once in the official newspaper of the city not less
than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of record
within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the area
subject to the proposed amendment not less than 10 calendar days prior to
the date of the public hearing. �
B. Notwithstanding the above, the director may expand the minimum noticing provisions
noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct a
public hearing on all potential comprehensive plan amendments and shall make and
, � forvvard a recommendation on each to the city council. The planning commission sliall
adopt written findings and make a recommendation consistent with those findings to the
city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
E. State Review. All comprehensiVe plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in accordance
with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)
9. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
this agenda bill were sent to the Washington State Office of Commerce and other state
agencies as required for the 60-day state review on September 17, 2013. The Washington
State Office of Commerce acknowledged receipt by letter dated October 8, 2013. No
comments have been received from the Washington State Department of Commerce or
other state agencies as of the writing of this report.
10. Due to the nature of the city-initiated map amendments and the scope and limited number
of privately initiated policy/text changes, the optional process as provided in Ehe city code
for a public open house was not conducted.
11. The public hearing notice was published on October 10, 2013 in the Seattle Times at least
10-days prior to the Planning Commission public hearing scheduled for October 22, 2013.
Page 3 of 13
�[J$jJ� �c MORE THAN YOU 1MAGINED
Agenda Subjeet: CPA13-0002 Fonpee LLC 8 E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
12. The following report identfies comprehensive plan map amendment, CPM #3, scheduled
for the Planning Commission's October 22, 2013 public hearing with a staff j i
recommendation.
CPM#3 (Comp Plan Man Amendment►— Staff A�alvsis
Background
1. The applicant submitted a Comprehensive Plan map amendment application on June 7,
2013 by the submittal deadline of June 7, 2013.
2. The appiication was submitted by Mike Cotter, President of Fonpee LLC, as owner of one
property and as an agent on behalf of the other property owner, Edwin Stanberry. The
property owners are co-applicants.
3. In addition to the Comprehensive Plan Map Amendment Application, the Applicants. also
submitted an environmental chedclist application (File No. SEP13-0019) and a rezone
application(File No. REZ13-0002).
4. The Comprehensive Plan Map Amendment application seeks to change the designation of
two adjacent parcels located at the northwest comer of 37th St NW and W Valley Hwy N.
The northem property (3719 W Valley Hwy N (Parcel # 0221049077) is owned by Edwin
Stanberry. The southem property (3705 W Valley Hwy N (Parcei # 0221049098) is owned
by Fonpee LLC.
5. Both propeRies have split comprehensive plan designations; the western portion of each is
"Light IndusVial"; the eastem part is "Heavy Commercial". The combined area of change i �,
from 'Heavy Commercial ' to'Light IndusViaP is approximately 2.10 acres:
6. As indicated by the ApplicanYs narrative submitted with the application, the Comprehensive
Plan Amendment and related rezoning have been requested for the purpose of bringing the
entirety of both properties under the same land use designation to ensure the ability for
future redevelopment: Fonpee LLC, operating as Omega USA Company is a "building
contractor" business and has plans for further development of the southem lot to'include a
future office building and a future building for storage of vehicles. While this further future
development is capable of being done under the C3, Heavy Commercial (office uses and
parking stri�ctures are allowed) it is complicated by being su6ject to different development
standards. Mr. Stanberry does not have specific plans forredevelopment of his property.
Page 4 of 13
AUBURN 'k MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0002 Fonpee LLC& E. Stanberry Date: October 9, 2013
Comprehensive Pian Map Amendment
7. The current Comprehensive Plan designation, zoning designation and land uses of the sites
and surrounding properties are as follows:
Comprehensive Zoning F�isting Land Use
Plan Desi nation Classification
nort em property sou em property
(3719 W Valley (3705 W Valley
Hwy N (Parcel # Hwy N (Parcel #
0221049077) is 0221049098) is
owned by Edwin owned by
Stanbe Fon ee LLC.
On- West: "Light M1, Light Single family Building
Site Industrial", Industrial &C3, house contractor
East: "Heavy Heavy
Commercial" Commercial
North "Light Industrial" C3, Heavy Trucking company, construction
Commercial contractor, vacant arcel
South "Heavy C3, Heavy Warehouse, multi-tenant commercial
Commeraal" and Commercial & center& single family residences
Single Family R5, (5 dwelling
Residential" units er acre
Multi-tenant commercial center, freight
East "Heavy C3, Heavy terminal, modular home manufacturer
Commercial" Commercial
West Single Family M1, Light Single family residential
Residential" Industrial with
R5, (5 dwelling
units to the acre)
be ond
Page 5 of 13 �TT
t1lUBURN * MORE THAN YOU IMAGINED
AgendaSubject: .CPA13-0002 Fonpee LLC& E. Stanberry' Date:.October 9, 2013
CompreFiensive Plan Map Amendment
� �; ; � ;
I � Ij
I � '
�
�
� �
;
�
- - .�----.
i ` �
sua�ECr:aRO, �T �
� � �� �_ — �
$ -� �_an,-,�aw--- _..._._.
��--- ----� -�� , �
----�__ �-_.--
r �,
i -
.;4 � i
I
� ' ji '
,-` ``� � ? i �
, �
, �
�,
D , � � - - - ' �� ' �'
`
i '� ;� j �
, 1 � .
p -= ;� i � �
�
.
� i_ . _� !
� ,
Page 6 of 13
�j$j,J� �k MORE THAN YOU 1MAGINED
Agenda Subject: CPA13-0002 Fonpee LLC & E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
Process and Criteria for Requested Amendment
i 1 8. The Comprehensive Plan Map Amendment application seeks to change the designation of
rivo adjacent parcels; the northem property (3719 W Valley Hwy N (Parcel # 0221049077))
owned by Edwin Stanberry consists of 329-acres. The southem property (3705 W Valley
Hwy N (Parcel #0221049098)) owned by Fonpee LLG consists of 5.59 acres. .
9. Due to the split designation, the portion of both properties requested for change is
approximately 2.10 acres.
10. The two properties are roughly rectangular in shape with the longer axis oriented east-west
and measuring approximately 1,081 feet.
11. The northem property the northern property (3719 W Valley Hwy N (Parcel # 0221049077))
owned by Edwin Stanberry contains a single family house. The southem property (3705 W
Valley Hwy N (Parcel # 0221049098)) owned by Fonpee LLC site is developed with three
buildings as a building contractor.
12. Both sites are bordered to the east bydeveloped W. Valley Highway N. which is classified
by the City as a "Principal Arterial" which prescribes a five-lane road with 87 feet of right-of-
way. The southern property borders 37`" St NVII, which is classified as a "Residential
Collector" street which prescribes either 2 or 3 lanes and a 55-foot wide right-of-way.
13.The property is located within the King County portion of the City of Aubum. It was annexed
to the City in 1971 by Ordinance No. 2605.
; 14. Based on historic zoning maps, the subject properties were zoned UNCL; Unclass�ed from
the time of annexation up untii 1987 and then were changed to the split designations of M1,
Light Industrial and C3, Heavy Commercial. The zoning boundaries originally followed
parcel boundaries that have since been modified or eliminated through combining lots.
15.The properties are part of the transition in grade from the westem hiliside to the valley floor
and a north-south aligned stream borders the westem boundary ofboth properties..
16. As indicated by the Applicants in the narrative submitted with the application, the
Comprehensive Plan AmendmenY and related rezoning have been requested for the
purpose of changing the land use designation of the property to ensure a consistent
designation across each site for future redevelopment.
17.The purpose of the City's Comprehensive Plan document is to provide a policy basis for the
future zoning changes to ensure that the Comprehensive Plan and Zoning Ordinance are
consistent as required by the following city code section:
"ACC 14.22.050 Conformance and consistency.
The zoning, land division and other deveiopment codes contained or referenced within
Aubum City Code shall, be consistent with and implemeM the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. "
18. The City code provides ceRain criteria for decisions forcomprehensive plan amendments as
follows:
"ACC 14.22.110 Decision criteria for plan amendments.
Page Tof 13
�$U� * MORE THAN YOU IMAGINED
Agenda Subject: CFA13-0002 Fonpee LLC & E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
A. The comprehensive plan was developed and adopted after significarrt
study and public participation. The principles, goals, objectives and policies 1
contained therein shall be granted substantial weight when considering a
proposed amendment. Therefore, the burden of proof for justifying a proposed
amendment rests with the appliqnt, who must demonstrate that the request
complies wi4h and/or relates to the following decision criteria:
1. The proposed change will further and be consistent with the goals and
objectives of the plan and the plan will remain intemally consistent;
2. Whether the capacity to provide adequate services is diminished or
increased;
3. Assumptions upon which the comprehensive plan is based.are found to
be invalid;
4. A determination of change or lack of change in conditions or
circumstances has occurred since the adoption of the latest amendment to the
specific section of the comprehensive plan that dictates the need for a proposed
amendment;
5. If applicable, a determination that a question of consistency exists
beiween the comprehensive plan and Chapter 36.70A RCW, the countywide
planning policies for either King and/or Pierce County, as appropriate, and �sion
2040: Growth and Transportation Strategy for the Puget Sound Region.°
19. The first criterion is that the change must further and be consistent with the goals
and objectives of the plan and the pla�will remain internally consistent.
The Comprehensive Plan contains policy guidance that relate to this application. Ghapter
14, Comprehensive Plan Map, starting at page 1414 provides the following purpose and � i
description of the 'Light Industrial' Comprehensive Plan designation:
"Light lndustrial
Purpose: To reserve quality industrial lands for activities that implemenf the Cify's
economic development goa/s and policies.
Description: This category is intended to accommodate a wrde range of industria/and
commercia! uses. This desipna8on is intended fo nrovide a Jocafion attractive for
manufaoturino. arocessina and assemblina land use activities tfiat tienefit irom aualitv
surroundinqs and aaproariate crommercia/ retail uses that benefrt from the location.
access. ahvsical.confiauration. buifdina tvpes of these-nroveRies. It is distinguishetl
from heavier iridu§frial uses by means of perforimiance criteria. All sign�cant activities
shal/ take piace insrde buildings, and the processing or storage of hazardous materials
shal!be stricUy contro/led and permitted on/y as an incidental part of another use. The
siting and design of industrial buildings shall be of an °industrial or 6usiness park"
character. Certain residentia/ uses may be permitted, especially in indusfria/areas that
have 6een established to promofe a 6usiness park environmenf that comp/ements
environmental features, and/or if development standards are deve/oped to promote
compatibility between residentia/and other non-residential land uses.
Compatib/e Uses: A wide range of industrial and heavy commercial"uses may be
permitted, subject to performance standards. These uses inc/ude indo.ormanufacturing,
processing and assembfing of materia/s from previous/y prepared or raw materials and
ancillary and necessary warehousing and distribution of nnished goods associated wkh
Page 8 aF 13
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0002 Fonpee LLC & E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
manufacturing and industria/ uses. Certain residentia/ uses may be permitted rf
; development standards are established to promote compatibilfty between residentia/and
other non-residential fand uses.
Outside storage shall be permifted only subject to performance criteria addressing its
quantity and location to ensure it is compatib/e with adjacent uses and so that such
storage wou/d not detract from the potential use of the area for lighf industry. M a0
cases such storage shall be extensivety screened. Jn the Environmenta/ Park District
that imp/ements the "lrght lndustrial° p/an map designation; outdoor storage wil! 6e
strictly limited fo promote compatibility with adjacent environmenta! land uses. Uses
involving substantia/storage or processing of hazardous materia/s as well as substantial
emissions shou/d not be permitted in these areas. A wide range of commercia/activities
may be alJowed to provide increased opportunities for sa/es tax revenue.
The Burlington Northern Santa Fe Railroad Auburn Yard /ocated within the Railroad
Specia/ P/an Area is considered a compatib/e use at its current /evel of usage (as of
August 14, 1996). It is not bound by the policies concerning outside storage under the
existing Irght industria/ designation as it was an existing use prior to the deve%pment of
this policy. Shou/d BNSF decide to reaciivate its applications to upgrade the yard to an
intermoda/ facility, the proposa/ wil/ be subject to the essentia/ public facility siting
process as defined in the Capita/Facilities E/ement(Chapter 5).
To ensure the City's long-term ability to invest rn public infrastructure and services
remains viable, the City must pursue imp/ementation of policies that incentivize fhe
transition of current and future /and uses in its industria/ zones away from distribution
and warehouse uses. The City believes that manufacturing and indusKrial land uses
should over time /argely replace warehouse and distribution land uses current/y existing
Jn the Crty and that any future warehouse and distribution uses shou/d be ancillary to
and necessary for the conduct of manufacturing and industria/ uses. Manufacturing and
7ndustria/uses are more appropriate and beneficia/through higher and better use of the
land, enhanced emp/oyment densities, increased property tax revenues and potential
on-site sa/es tax revenue generation for receipt of materia/s and other goods and
services.
The establishment of regulatrons and incentives that create a basis for increased
commercial retail uses in the City's industria/ zoning districts will provide greater
opportunity for the generafion of sa/es tax revenue in the City: Mcreased sa/es tax
revenue will positively impact the City's continued ability to maintain and operate a
strong public investment program in infrastructure and services. Commercia/retail uses
wi!l in turn be attracted to and benefd from the /ocation, access, physica/ con�guration
and building types of industria!zoned properties.
Criferia for Designation: This designation should be applied to a majority of the
Region Serving Area designated under this P/an. It is particufar/y appropriate for
industrial land within high visibility corridors. This category shou/d separate heavy
industria/areas from other uses.
Considerafions Against Applying this Designation: W'dhin the Community Serving
Area, this designation should onty be applied to sites now deve/oped as light Industrial
s8es. lndustria/ sites along rail corridors are generalty more appropriate for heavier
industria/uses, unless in high visibility coiridors.
Page 9 of 13
A[]$L]� �k MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0002 Fonpee LLC & E. Stanberry Date: October 9, 2013
Comprehensive Plan Map Amendment
Appropriafe lmp/ementation: This designation is imp/emented by the LigM Industria!
(M-1), Environmenta/Park(EP) or Business Park(BP) mne."
Consistent with this discussion in the Comprehensive Plan, the properties are adjacent to
other properties designated "Light Industrial" by the Comprehensive Plan (on-site and off-
site) and adjacent to properties already developed with light industrial uses. The site is
separated by hillside from residenfial uses. The site is aiso located in the regional-serving
area. The location of the properties is ideally suited for Iight-industrial uses. The property
can be served with high capacity and high quality public services and facilities. The
southem parcel has recently completed street frontage improvements. The propeRies have
frontage and access to West Valiey Hwy N classified as a "principal arterial" in the City's
Comprehensive Transportation Plan or 37`" Street NW: The location provides proximity to
W Valley Hwy N with access to SR 167 at S 277"' Street and to SR 18.
20. For comparison, Chapter 14, Comprehensive Plan Map, starting at page 14-11 provides the
following purpose and description of the 'Heavy Commercial' Comprehensive Plan
designation:
"Heavy Commercial
Purpose: To provide automobiie orienfed commercial areas to meet both the /oca/and
regionaf need for such services.
Description: This category is intended to accommodate uses which are oriented to
aufomobiles either as the mode or target of providing the commercia/ service. The ;
category would a/so accrommodate a wide range of heavier commercial uses invohring
extensive storage or heavy vehicufar movement.
Compatib/e Uses: A wide variety of commercial services oriented to automobiles are
appropriate within this category. This inciudes automobile sa/es and senrice, drive in
restaurant or other drive in commercial business, convenience stores, etc. Since fhese.
uses are a/so compatible with heavier commercial uses, lumber yards, small sca/e
warehousing, contractor yards and similar heavy commercial uses are appropriate in this
designation.
Criteria for Designation: This designation should on/y be applied to areas which are.
highly accessib/e to automo6iles a/ong major arteria/s. Generally this category would
characterize commercial strips. This zone is appropriate for the intersections of heavily
traveled arteria%s, even if adjacent sites are best suited for another commercial
designation.
Considerations Against App/ying this Designation: Areas which conflrct with single
family residentia/ areas or areas more suited for other uses. Whenever possib/e this
category shou/d be separated from afl uses by extensive buffering.
Appropriate Implementation: This category is imp/emented 6y the G3 Heavy
Commercia!Districtand the C-4, Mixed Use Commercia/DisVict.°
Due to the shape of each property with the narrow frontage bordering W Vailey Hwy N and ,
longer axis east-west, the shape of the property is not readily conducive to commercial
Page 10 of 13
AUBURN * MORE THAN YOU iMAGI1VED
Agenda Subjeet: CPA13-0002 Fonpee LLC & E. Stanbercy Date: October 9, 2013
Comprehensive Plan Map Amendment
development over the entire parcel. That was likely the explanation for only the eastem portion
� ! begin designated "Heavy Commercial". The split zoning makes it difficutt for a property to
owner to develop the property in its enGrety with a single use or enterprise. As a resutt, the
requested change is appropriate.
Also, in Chapter 3, "Land Use", the Comprehensive Plan document provides various policies
which address light industrial development in order to meet community and growth management
goals. The following excerpted policies starting on page 3-35 relate to this request:
"CaOAL 11. INDUSTR/AL DEVELOPMENT
To provide for, establish and maintain a ba/ance of industrial uses that respond to 7oca/
and regiona/needs and enhance the citys rmage through optima/s�ting and/ocation,
taking Into consideration tax policy impacts of streamlined safes tax and/or other similar
legis/ation.
Type of Industria/Uses
There is a:wide variefy of possible industrial uses that cou/d be sited in Auburn. As with
the mix of residential uses, 8ie mixof industry a/so affects the image of the city. The
regional image of the city is that of an industria/subur6 with an emphasis on heavy
industry. Thisimage is quite apparent asone trave/s a/ong Highway 167 where there is
an a/most unending view of high-bay warehouse buildings.
Different tvves of industrial areas shou/d be sevarated s7nce some rypes of industrial
, ; activities conflict with other indusiria/activities (especiafly fhose of a more desirab/e
characfer). Such separation shou/d be based primarily on performance shandards..
Location oflndustria/Uses �
Before the adoption of the 1986 Comprehensive Plan, there had been litt/e separafion of
various types of rndustria/uses. At the time, there was no well understood policy basis
regardrng the separation of different types of industria/uses and some areas very
suitab/e for hrgh quality light industria/uses were committed to heavier uses. High
visibility corridors developed with a heavier industria/character and established a heavy
industry image for the cify. The P/an provides c/eac distincfion behveen different
industrial uses. It also reserves areas for light industna!uses.
Objective 11.3. To reserve areas appropriate for industria/deve/opment.
Policies:
LU-103 Any sign�cant industria/activity shal!be limited to the designated Region
Serving Area of the city(see Map 3.2). The City recognizes that industrial
deve%pmenYs p/ace varying demands on the community's quality of life and service
capabilfties. ln addition to demonsirating a developments'consistency with P/an
poficies, applicab/e/and use regulations, and environmenta/policies, sign�cant
. industria/deve/opment shall be encoucaged to provide a ba/ance between service
demands and impacts pfaced on the city's quality of life vs. the/oca/benef'ds derived
from such deve/opment The extent to which industria/development is promoted shall
a/so take into consideration tax policy and tax structure impacts upon the City."
Page 11 of 13
AUBURN 'k MORE THAN YOU 1MAGINED
Agenda Subject: CPA13-0002 Fonpee LLC 8 E. Stanberry Date: October 9, 2013
Comprehensive PlanMap Amendment
� �
The city's comprehensive plan seeks to establish and maintain a balance of industrial usea that
respond to local and regional needs while enhancing the city's image through optimel siting and
location of light industrial uses. The large lot and that circumstance of the property being
bordered to the north by properties that are already developed with light industrial uses suggest
the change is appropriate. The proposed change to "Light Industrial" seeks to link existing
areas of the same designation.
21. The second decision,criterion is that the comprehensive plan amendment must not
diminish orincrease the ability toprovide adequate services.
The proposed applicatiomfor a change in comprehensive plan designa4ion and zoning has been
reviewed by Fire Agency and Utilities and Traffic divisions of the city. Based in these reviews,
the change would not adversely affect the provision of services.
Fonpee LLC, operating as Omega USA Company is a "building contracto�' business and has
plans for further development of the southern lot to include a future office building and a future
building for storage of vehicles. While this further future development is capable of being done
under the C3, Heavy Commercial (office uses and parking structures are aliowed) it is
complicated by being subject to different development standards. Mr. Stanberry does not have
specific plans for redevelopment of his property. If in the future, additional developed is
proposed, in accordance with City Public Works Design Standards, the City may require a traffic
study if there is a likelihood that a site will general more than 30 PM peak hour trips.
The proposed change by itself, 'rf approved will not affect the ability to provide adequate
services. As typical with development in the city, the infrastructure improvements needed to
support the development would be the responsibility of the future development. At the time of
development, adequate services would be required to be provided concurrent with the
development in order for the project to be authorized. So, it is not anticipated that approval of
the request negatively affects provision of services. Utility and street frontage improvements
were recently completed by Omega USA Company for the southem parcel.
22. The third decision criterion is that the assumptions on which the comprehensive plan
is based are found to be invalid.
While the policies of the Comprehensive Plan are not invalid, a change to the mapped
configuration of the land use designations as requested is logical (a change to Map No. 14.1).
The proposed change results in a more logical boundary of the "Light Industrial" designation,
where it borders two public streets.
23. The fourth decision criterion is that there has been a change or lack of change in
conditions or circumstances has occurred since the adoption bf the latest
amendment to the comprehensive plan that dictates the need for a proposed
amendment.
There has been a lack of change in conditions that generates the need for the change: The
pattem of"Heavy Commercial°-designated parcels has not been revisited since it was originally
established at the time of major zoning overhaul in 1987. The original pattem was mainly based
on the location of parcel boundaries at the time that have subsequently changed. The proposed ,
change is for a portion of two parcels that have split designations and are located adjacent to
Page 12 of 13
�$U� * MORE THAN YOU IMAGINED
Agenda Subject: CPA13-0002 Fonpee LLC & E. Stanberry Date: October 9, 2013
Gomprehensive Plan Map Amendment
otherparcels with the "Light Industrial" designation and provides more regular boundaries that
; reduce potential for land use conflicts.
24.7he fifth decision criterion is that the change must be detertnined to be consistent
_ _.
with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of
the relevant county and "Vision 2040: Growth and Transportation Stretegy for the
Puget Sound Region".
The change if approved would continue to be consistent with the Growth Management Act
(RCW 3fiJ0A), the Countywide Planning Policies of King County and "Vision 2040: Growth and
Transportation Strategy for the Puget Sound Region". The proposal is consistent because it
provides land suitable for residential development.
23.The sixth decision criterion, applies_only to changes of the mapped land use
designation of a specfic property, the applicarrt must demonstrate one of the
following:
a. The current land use designation was clearly made in error or due to an
oversight;
b. The proposed land use designation is adjacent to property having a similar
or compatible designation, or other conditions are present to ensure
wmpatibility wkh surrounding properties;
c. There has been a change in conditions since the current land use
designation came into effect. (Ord. 6172§ 7, 2008.)
The same land use designation as proposed occurs on adjacent properties to the north and the
; i property boundaries have changed and thus meets item b.
Staff Recommendation
Planning Commission recommend to the City Council a roval of the Fonpee LLC & E.
Stanberry(CPA13-0002) request for a Comprehensive Plan Map Amendment.
�
Page 13 of 13
AUBURN 'k MORE THAN YOU IMAGINED '