HomeMy WebLinkAbout02-04-2014 02-4-2014 PLANNING COMMISSION AGENDA PACKET
The City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
February 4, 2014
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
II. ROLL CALL/ESTABLISHMENT OF QUORUM
III. APPROVAL OF MINUTES
A. January 22, 2014
IV. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
V. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
VI. PUBLIC HEARINGS
A. City-Initiated Rezone (Zoning Code Map Amendment, Auburn Way S and
Hemlock ST SE)
Summary: Rezoning of two parcels totaling approximately 1.57 acres from “R5,
Residential, 5 dwelling units per acre” to “C1, Light Commercial” at the NE corner of
Auburn WY S & Hemlock ST SE addressed as 3210, and 3216 Auburn WY S., Parcel
# 2815000010, & 2121059073.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
January 22, 2014
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
II. ROLL CALL/ESTABLISHMENT OF QUORUM
The Planning Secretary took roll call. Planning Commission Members present were:
Chair Judi Roland, Commissioner Copple, Commissioner Couture, Commissioner
Mason, and Commissioner Smith. Commissioner Baggett is excused.
Staff present included: Assistant City Attorney Steven Gross, Senior Planner David
Jones, and Planning Secretary Tina Kriss.
Members of the public present: Redman Svedbug, Roger Lee, and Mike Perrin.
III. APPROVAL OF MINUTES
A. December 3, 2013
Commissioner Copple moved and Commissioner Smith seconded to approve the
minutes from the December 3, 2013 meeting as written.
Motion carried unanimously. 6-0
IV. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
V. PLANNING DEPARTMENT REPORT
There was no director’s report.
VI. AC TION
A. Election of Planning Commission Chair and Vice Chair
Chair Roland called for nominations for the election of Chairperson for the 2014 year
of the City of Auburn Planning Commission. Commissioner Copple nominated
Commissioner Roland as the 2014 Chairperson. No other Commissioners were
nominated.
By majority vote of Commissioners, 6-0, Chair Roland was re-elected as the
Planning Commission Chairperson for 2014.
Motion carried. 6-0.
PLANNING COMMISSION MEETING MINUTES January 22, 2014
Page 2
Chair Roland called for nominations for the election of the Vice-Chairperson for the
2014 year of the City of Auburn Planning Commission. Commissioner Mason
nominated Commissioner Copple as Vice-Chairperson. No other Commissioners
were nominated.
By majority vote of Commissioners, 6-0, Vice-Chair Copple was elected as the
Planning Commission Vice-Chairperson for 2014.
MOTION APPROVED. 6-0
VII. PUBLIC HEARING
There were no items brought forward for Public Hearing
VIII. OTHER BUSINESS
A. Planning Commission Rules of Procedure
Chair Roland provided a brief review of the Planning Commission Rules of
Procedure. No questions were asked by the Planning Commissioners.
B. Recreational Marijuana
Senior Planner David Jones presented the staff report on Recreational Marijuana. At
the December 3, 2013 Planning Commission meeting staff presented their research
and proposed regulation options in response to the passage of State Initiative 502 (I-
502) which allows the State to license and regulate cannabis production, processing,
distribution, and possession for persons over 21.
At the December 3, 2013 meeting, the Commission requested staff to bring back
further analysis and additional options regarding recreational and medical cannabis.
The Commission and staff discussed wastewater inspections and compostable and
non-compostable waste as noted in WAC Section 314-55-097. The Commission
asked what the rules and regulations are regarding the storage of cannabis until they
get to the 50% non-cannabis waste material level. The Commission also asked staff
to inquire if the compostable materials can be disposed of on site. Senior Planner
Jones stated he will look into any proposed regulations and report back to the
Commission.
The Commission and staff discussed tax revenues, a business and occupation tax,
excise fees, and generating revenue from the sale of recreational marijuana. After
discussion with Assistant City Attorney Steven Gross, it was determined the City
would need to work through several issues in considering excise tax and the
Commission can continue discussion at a future meeting. Staff reviewed the Statute
Comparison between Medical and Recreational Cannabis.
Staff reviewed the three options, provided in the staff report, for the Commission to
consider as a approaches to recreational marijuana regulations. The Commission
and staff discussed the option of revoking or restricting a license based on the
impact to the community. Staff explained that to analyze the impact to the
community a license must first be issued and then it would take some time to
measure the impacts.
PLANNING COMMISSION MEETING MINUTES January 22, 2014
Page 3
The Commission asked if staff could provide a matrix showing examples of the
producer, processor and retailer operating under each of the options provided. Staff
will return with a matrix of examples of how each of the options would operate. A
discussion was held to determine if the City would have regulation over the producer
and processor of recreational marijuana. Staff does not believe the City would be
able to regulate the processor or producer of recreational marijuana.
The Commission asked staff to inquire with the Police Department to determine the
number of arrests regarding marijuana in the City of Auburn. Commissioner Couture
asked if neighborhood shopping areas are restricted within Option 3 and staff
responded that the integration of this restriction can be considered within this option.
Staff reviewed the business square footage limitations and explained that there are
no current retail size limitations for the use classifications under Auburn City Code.
Staff stated a quantifiable basis must be established in order to restrict additional
square foot limitations. Staff will check to see if there are options with square foot
retail size limitations available. The Commission and staff reviewed the zoning map
and the Commission asked staff to check if Thomas Academy in north Auburn would
be impacted by the buffer. Staff will check to see if the school is within the 1000 foot
buffer.
In response to the question if the Commission would like to continue looking into
moving forward with regulatory options, the Commission stated that they would like
to continue to learn more about the options available as they work with staff to obtain
clarification on issues and concerns to understand more about regulating
recreational marijuana.
IX. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:24 p.m.
AGENDA BILL APPROVAL FORM
Page 1 of 12
Agenda Subject REZ13-0004, City-initiated Auburn Wy S &
Hemlock ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
Department: Planning and
Development
Attachments: See listing below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to conduct public hearing and
recommend to City Council approval of the City-initiated Auburn Way S & Hemlock ST SE
Zoning Map Amendment (Rezone)
APPLICANT: City of Auburn Planning and Development Department
25 West Main ST
Auburn, WA 98001-4998
REQUEST: File No. REZ13-0004
Rezoning of two parcels totaling approximately 1.56 acres from “R5, Residential,
5 dwelling units per acre” to “C1, Light Commercial”.
LOCATION: Two parcels at the NE corner of Auburn W ay S & Hemlock ST SE addressed as
3210, and 3216 Auburn W ay S., Parcel #’s: 2815000010 & 2121059073 within
the SW quarter of Section 21, Township 21 North, Range 5 East, W .M.
NOTE: This proposal originally consisted of three parcels and the public noticing
conducted for this hearing indicated three parcels, however, for road widening
the City is in the process of acquiring through purchase or condemnation the
parcel at the corner addressed as 3202 Auburn W ay S, Parcel # 2815000020,
consisting of approximately 0.19 acres owned by John Tippins. As a result the
City, as Applicant, has removed this parcel from consideration of rezoning.
Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources
Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: February 4, 2014 Item Number:
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
EXISTING ZONING: The two parcels are zoned “R5, Residential Five Dwelling Units per Acre”.
EXISTING
COMPREHENSIVE
PLAN DESIGNATION: The two parcels are designated “Light Commercial ” by the
Comprehensive Plan as a result of recent Ordinance No. 6489, adopted
December 2, 2013.
SEPA STATUS: A Determination of Non-Significance (DNS) was issued under City file
SEP13-0028 on September 17, 2013. The comment period ended
October 1, 2013, and the appeal period ended October 15, 2013. No
comments or appeals were received.
The Comprehensive Plan designation, zoning classification and land uses of the site and
surrounding properties are as follows:
Comprehensive Plan Designation
Zoning Classification Existing Land Use
On-Site
"Light Commercial” R5, Residential (5 dwelling units per acre)
Each contains a single-family residence
North “Single-Family Residential” & “Public and Quasi-Public”
R5, Residential (5 dwelling units per acre) & P1, Public Use
Single-family residences &
open space as municipal
park
South “Light Commercial” with “Moderate Density Residential”, beyond
C1, Light Commercial with R10, Residential (10 dwelling units per acre), beyond
Convenience store, single-
family residence, vacant
East "High Density Residential"” & “Light Commercial”
R20, Residential (20 dwelling units per acre) & C1, Light Commercial
Veterinary clinic,
restaurant, & multi-tenant
commercial center
Warehouse, multi-tenant
commercial center
West “Single-Family Residential” & “Neighborhood Commercial“
M1, Light Industrial with R5, Residential (5 dwelling units to the acre) beyond
Vacant & single-family
residential
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
VICINTY MAP
^ North
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
A. FINDINGS
1. The City identified the Comprehensive Plan Map Amendment and associated step of
rezoning these parcels as part of the items for consideration for the annual Comprehensive
Plan amendments. This City-initiated proposal consists of changing the designation of the
following two contiguous properties:
• 3210 Auburn W ay S, Parcel # 2815000010, 0.51 acres owned by Coni Orvis
• 3216 Auburn W ay S, parcel # 2121059073, 1.06 acres owned by Khanh Tran
The combined land area of the two subject parcels is approximately 1.56 acres.
2. Prior to the City initiating the proposed changes, Staff met with the property owners and the
owners requested expressed support of the City initiating this Comprehensive Plan and
Zoning map changes.
3. This proposal originally consisted of changes to three parcels and the public noticing
conducted for this hearing indicated three parcels; however, as the design of the City’s
capital improvement road project progressed (Capital Project # CP1119 for widening Auburn
Way S), it became necessary for the City to seek to acquire Parcel # 2815000020 in it’s
entirety. The parcel is located at the NE corner of Auburn Way S and Hemlock ST SE
addressed as 3202 Auburn W ay S, is comprised of approximately 1.56 acres (68,080
square feet), and is owned by John Tippins. The City identified acquisition for purposes
associated with the road improvement project, such as future construction of storm drainage
features.
At the time of writing of this report, the City is continuing its negotiations with the property
owner for the purchase of the aforementioned property. However, in the event these
negotiations are not successful, the City Council adopted Resolution No. 5028 on January
21, 2014 authorizing the notice of condemnation proceedings under Revised Code of
Washington (RCW ) 8.12 and 8.25. As it is the City’s intention to acquire this one property,
this one property has been removed from consideration of rezoning.
4. Both sites proposed for rezoning border Auburn Way 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.
5. The properties occur at an elevation of approximately 308 feet. The properties are similar in
elevation to the roadways; Auburn W ay S and Hemlock ST SE which are relatively flat
except near the northern boundary of the properties which slope downhill to the north.
History of Existing Development
6. The property is located within the King County portion of the City of Auburn. It was annexed
to the City in 1959 by Ordinance No. 1278.
7. 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
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
to R1, Single-Family Residential (8,000 square foot minimum lot size) under the old zoning
code classification system. Then 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); this remains the current zoning designation of these
properties.
8. The land use designations and zoning for the subject properties have not been re-evaluated
for many years and therefore have not considered the continued appropriateness of the land
use designations based on the increased development along the roadway corridor. The
subject properties have been impacted by added development, the intensification of
commercial uses, as well as increased traffic along the Auburn W ay S corridor.
The corridor has generally been impacted by the development and expansions of the
Muckleshoot Casino and Bingo Hall and the construction and operation of the White River
Amphitheater (outdoor music venue) in the area. In the immediate vicinity, there has been
further development on both sides of Auburn W ay S. Immediately to the east of the two
subject properties, is a building containing a veterinary hospital and pet grooming business.
East of the veterinary hospital is a drive-through restaurant. And east of the drive-through
restaurant is a newer multi-tenant commercial center. All of these uses are on property
zoned C1; Light Commercial.
9. Auburn W ay 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 Auburn Way 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.
10. There are three City roadway improvement projects currently under design on the Auburn
Way S corridor between the Muckleshoot Plaza Drive (the Casino area) and Hemlock ST
SE:
• CP1218 – Auburn Way S from Muckleshoot Plaza Drive to Dogwood ST SE,
construction in 2015
• CP1118 – Auburn Way S from Dogwood ST SE to Fir ST SE, construction in 2014
• CP1119 – Auburn Way S from Fir ST SE to Hemlock ST SE, construction in 2014
The purpose of these projects is to improve vehicle and pedestrian safety while also
reducing congestion.
11. Specifically, Project CP1119 includes the widening of Auburn Way S 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 W ay S is one lane in each
direction with a center turn lane and without sidewalks. Project CP1119 is funded by a grant
from the Washington State Department of Transportation (WSDOT) Transportation
Improvement Board (TIB), the Muckleshoot Indian Tribe (MIT), and the City of Auburn.
Construction of CP1119 and CP1118 is scheduled to start in early 2014 and last
approximately 10 months.
12. Approximately 13 feet of additional right-of-way width is needed for project CP1119 on the
north side of Auburn Way S, east of Hemlock ST SE in the vicinity of the subject properties.
13. In terms of the status of the projects, the City is currently negotiating with property owners
for the acquisition of a portion of their property for right -of-way needed to complete Auburn
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
Way S widening project CP1119. The City is also finalizing design documents, as well as
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.
Related Comprehensive Plan Amendment and Rezone Processing
14. At its October 22, 2013 public hearing, the Planning Commission reviewed the related
Comprehensive Plan Map amendment CPM #1 (File No. CPA13-0003, City-initiated Map
amendment) to change Map No. 14.1 and change the Comprehensive Plan designation for
the parcels from “Moderate Density Residential” to “Light Commercial”. At the conclusion of
the hearing, the Planning Commission forwarded its recommendation for approval to the
City Council.
15. At its November 25, 2013 meeting, the Planning and Community Development Sub-
Committee of the City Council reviewed the Amendments and the draft Ordinance No. 6489
and recommended approval, as recommended by the Planning Commission. On December
2, 2013, the City Council approved Ordinance No. 6489 approving the change in
Comprehensive Plan designation of the subject properties to “Light Commercial”.
16. Pursuant to ACC 18.68.030 and ACC 18.68.040, for all rezones initiated by the City, the
Planning Commission shall conduct a public hearing and make a recommendation to the
City Council.
“18.68.030 Public hearing process.
B. Zoning Map Amendments.
.
.
.
2. Areawide Zoning and Rezoning, Initiated by the City. The planning
commission shall conduct a public hearing and make a recommendation to the
city council. If applicable, a comprehensive plan amendment may also be
processed.
C. City Council Decision. The city council may affirm, modify or disaffirm
any recommendation of the planning commission or hearing examiner with
regard to amendments of the text or map of this title. (Ord. 6442 § 26, 2012; Ord.
6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)”
17. Pursuant to ACC 14.07.030 (Notice of open record pre-decision hearing required), and ACC
14.02.070 (“Project Permit Application” definition), a Notice of Application is required for site
specific rezones and Notice of a Public Hearing shall be given at least 15 days prior to the
public hearing in accordance with ACC 14.07.030 and ACC 14.07.040. A combination
notice of application and public hearing was issued and published in the Seattle Times on
December 31, 2013; this combined notice was mailed to the property owners within 300 feet
of the subject site, and posted on the subject property meeting the notification requirements.
However, the original Notice of Application incorrectly referenced the Hearing Examiner
public hearing on January 15, 2014, so an additional revised public notice of the hearing
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
was provided by the following methods:
• Posting a revised notice on the door of the council chambers at 25 W
Main ST, Auburn, WA 98001 prior to the public hearing by the Hearing
Examiner on January 15, 2014.
• Making copies of a revised notice available at the council chambers at
25 W Main ST, Auburn, WA 98001 at the public hearing by the Hearing
Examiner on January 15, 2014.
• Mailing a revised notice of hearing to the listed property owners within
300 feet of the subject properties a minimum of 15 days prior to the
hearing on February 4, 2014. (The same property owners that
received the original notice.)
• Publication of a revised notice of hearing within the Seattle Times
newspaper (The city’s official newspaper for legal publications) on
January 21, 2014; a minimum of 15 days prior to the hearing on
February 4, 2014.
18. Per ACC 18.07.010(D), the stated intent of the “R-5, Residential Five Dwelling Units per
Acre” zoning district is to:
“R-5 Residential Zone – Five Dwelling Units per Acre. The R-5 single-family residential
zones are intended to create a living environment of optimum standards for single-family
dwellings. It is further intended to achieve development densities of four to five dwelling
units per net acre. This zone will provide for the development of single-family detached
dwellings and for such accessory uses as are related, incidental and not detrimental to
the single-family residential environment.”
19. As identified in ACC 18.07.020 the R-5, Residential Five Dwelling Units per Acre” zoning
district is primarily oriented to single-family residential uses. While primarily single-family
residential in focus, the regulations also allow some limited commercial and service oriented
uses. The development standards of the zone are contained in ACC 18.07.030.
20. A Determination of Non-Significance (DNS), the environmental review decision required
under the State Environmental Policy Act (SEPA), was issued for the Comprehensive Plan
Map Amendment and Rezone under City File No. SEP13-0028 on September 17, 2013. No
comment letters or appeals were received in response to the issuance of the environmental
review decision.
B. CONCLUSIONS:
ACC Chapter 18.68 provides very limited criteria for approval of a rezone. Following is a Staff
analysis of the requested application with the criteria.
1. The rezone must be consistent with the Comprehensive Plan.
Staff analysis: 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.
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
The zoning, land division and other development codes contained or referenced within
the Auburn City Code shall be consistent with, and implement the intent of, the
Comprehensive Plan. Capital budget decisions shall be made in conformity with the
Comprehensive Plan. “
On December 2, 2013, the City Council approved Ordinance No. 6489 approving the
change in Comprehensive Plan designation of the portion of the subject properties from the
“Heavy Commercial” to ”Light Industrial”.
The Comprehensive Plan contains policy guidance that relate to this application. Chapter
14, ‘Comprehensive Plan Map’, starting at page 14-9 provides the following purpose and
description of the ‘Light Commercial’ Comprehensive Plan designation:
“Light Commercial
Purpose: To create people oriented commercial areas to supply a wide range of
general commercial services to area residents.
Description: This category represents the prime commercial designation for small to
moderate scale commercial activities. These commercial areas should be developed in
a manner which is consistent with and attracts pedestrian oriented activities. The
ambiance of such areas should encourage leisure shopping and should provide
amenities conducive to attracting shoppers.
Compatible Uses: A wide range of consumer oriented goods and services are
compatible within this designation since the emphasis would be on performance criteria
which create an attractive shopping environment. However, uses which rely on direct
access by vehicles or involve heavy truck traffic (other than for merchandise delivery)
are not appropriate in this category. Unsightly outdoor storage and similar activities
should be prohibited. Permitted uses would consist of retail trade, offices, personal
services, indoor eating establishments, financial institutions, governmental offices, and
similar uses. Multiple family dwellings should be encouraged as part of mixed-use
developments where they do not interfere with the shopping character of the area, such
as within the upper stories of buildings. Since taverns can break up the continuity of
people oriented areas, taverns would be permitted generally only as a conditional use.
Drive in windows should only be allowed as ancillary to a permitted use, and only when
carefully sited under the conditional use permit process in order to ensure that an area's
pedestrian environment is not seriously affected.
Criteria for Designation: This designation should include moderate sized shopping
centers, and centrally located shopping areas. This designation should be preferred for
commercial sites where visual and pedestrian amenities are an important concern
outside of the downtown.
Considerations Against Applying this Designation: Commercial areas which cannot
be readily separated from high traffic volumes (such as shallow lots along busy arterials)
should not be included in this designation. Areas not large enough for separation from
any adjacent heavier commercial or industrial area should not be designated as light
commercial.
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
Appropriate Implementation: This designation is implemented by the C-1, Light
Commercial District. This district provides for a wide range of small and moderate scale
commercial oriented towards the leisure shopper and pedestrian oriented activities”.
(Emphasis added)
Consistent with policy discussion in the Comprehensive Plan, the subject properties are
adjacent to other properties currently designated “Light Commercial” by the Comprehensive
Plan and that are already zoned “C1, Light Commercial” and developed with light commercial
uses. A veterinary clinic/pet grooming and a restaurant are adjacent uses to the east. The site
is separated by a hillside from residential uses to the north. The site is also located in the local-
serving area designated by the Comprehensive Plan. The location of the properties and
combined land areas of 1.5 acres is appropriate for small to moderate scale commercial uses
attractive to area residents. The property can be served with high capacity and high quality
public services and facilities due to proximity to Auburn Way S.
While the Comprehensive Plan’s policy discussion suggests the designation should be applied
to areas where the property is large enough to allow for a separation from heavily traveled
arterials can be provided, the “Light Commercial” has already been applied to adjacent areas in
the City of similar depth to the east.
Also, in Chapter 3, “Land Use”, the Comprehensive Plan document provides various policies
which address light commercial development and the appropriateness of changing from
residential to commercial in order to meet community and growth management goals. The
following excerpted objectives and policies starting on page 3-15 and page 3-21 relate to this
proposal:
“Objective 7.3. To promote the development of quality single-family
neighborhoods which relate the design and types of residential areas to important
natural and manmade features.
Policies:
LU-28 Areas abutting major arterials should be carefully planned to avoid
potential conflict between the development of the arterial and single-family uses.
Single-family uses in such areas should be platted in a manner which orients the
units away from the arterial. Where such orientation is not possible, a transition
area should be allowed for non-single family uses which reduce total driveway
connections to the arterial. In any case, non-motorized access between
residential areas and arterials should be provided. In areas with existing single-
family developments, substantial flexibility can be permitted for street front
buffering.
Objective 8.2 To provide for the orderly transition to other uses of older residential
areas that are no longer viable.
Policies:
LU-48 The management of areas in transition from existing residences to a
planned non-residential use, should balance the needs of existing residents with
the need to accommodate new uses.
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
LU-50 Whenever considering a conversion from single-family to another use, the
applicant’s burden shall be on demonstrating the unsuitability of an area for
continued single-family use.
Highway Commercial
While commercial uses along arterials (often called "strip commercial" development)
provide important services to community residents, the proliferation of commercial uses
along arterials raises several land use planning issues. On the negative side, strip
commercial development creates traffic flow problems and conflict with adjacent land
uses. Due to their "linear" nature, commercial strips result in a maximum area of contact
between commercial uses and other land uses resulting in a high potential for land use
conflicts. Poor visual character due to excessive signage and architectural styles
designed to attract attention instead of promoting a sense of community is an additional
concern. Pedestrian shopping is made difficult, resulting in greater generation of
automobile traffic, and large fields of asphalt parking lots are needed to accommodate
single purpose vehicle trips.
Despite the problems associated with commercial development along arterials, many
such locations are often quite unsuitable for other uses, due to the impacts associated
with heavy traffic volumes. Also, many commercial uses thrive at such locations due to
high visibility and accessibility. The Plan seeks to manage existing arterial commercial
areas to take advantage of the accessibility they provide, while minimizing traffic and
land use conflicts and improving their visual appearance through an enhanced design
review process and development standards.
Objective 9.3. To encourage the appropriate use of areas adjacent to heavily traveled
arterials while minimizing land use and traffic conflicts by:
1. Managing the continued commercial development of existing commercial arterials in
a manner which minimizes traffic and land use conflicts.
2. Conserving residential qualities along heavily traveled arterials which are not yet
commercialized, by restricting commercial development to types which provide an
appropriate buffer.
3. Protecting existing, viable residential areas along lesser-traveled arterials, from
commercial development.
4. Concentrate population and employment growth within the eight key economic
development strategy areas within the City identified as follows:
• Auburn Way North Corridor
• Auburn Way South Corridor
• Urban Center
• Auburn Environmental Park and Green Zone
• 15th Street SW/C Street SW/West Valley Highway/Supermall
• A Street SE Corridor
• SE 312th Street/124th Avenue SE Corridor
• M Street SE between Auburn Way North and Auburn Way South.
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
Policies:
LU-58 The City has identified those existing commercial arterials that are
appropriate for continued commercial development and employment growth
as well as a concentration of population growth. These areas are identified
as the eight economic development strategy areas as identified under
Objective 9.3. Sub-area plans for these strategy areas should be developed.
LU-60 The City shall encourage the grouping of individual commercial
enterprises along commercial arterials to promote the sharing of parking
areas, access drives and signs. Such grouping can be encouraged through
land division regulations, sign regulations and development standards.”
(Emphasis added)
While the subject properties remain in use as single-family residential and realistically could
continue for many years, due to increased development and traffic the subject properties have
become less desirable for continuation of single-family residential land uses. The area is
appropriate for transition from residential uses to non-residential uses. While the policy
direction of the Comprehensive Plan seeks to avoid promulgation of ‘strip commercial’ as not
desirable, the location is near the corner of Hemlock S SE and Auburn W ay S which serve as
logical boundaries for a node of commercial land use designation and the location is already
bordered to the east by commercial uses. The properties are appropriate for commercial uses
and less suitable for other uses, due to the impacts associated with heavy traffic volumes.
Also, many commercial uses thrive at locations along arterials due to high visibility and
accessibility.
2. The rezone must be initiated by the City in order for the Planning Commission to
provide a recommendation on the request.
Staff Analysis: The rezone application was initiated by the City after concurrence by the property
owners.
3. Any changes or modifications to a rezone request made by either the Hearing
Examiner or City Council will not result in a more intense zone than the one requested.
Staff Analysis: The requested rezone change, is from the “R5, Residential” to “C1, Light
Commercial” zone.
In addition, Washington case law has identified other criteria for rezone applications (see
Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since
the original zoning was established and the proposed rezone must bear a substantial
relationship to the general welfare of the community); Ahmann-Yamane, LLC v. Tabler, 105 Wn.
App. 103, 111 (2001) (proponents of a rezone must establish that conditions have substantially
changed since the original showing and that the rezone must bear a substantial relationship to
the public health, safety, morals or welfare; provided, that a showing of a change of
circumstances has occurred is not required if a rezone implements the Comprehensive Plan.)
a. Conditions in the area must have changed since the original zoning was
established.
Agenda Subject: REZ13-0004 City-initiated Auburn Way S & Hemlock
ST SE Zoning Map Amendment (Rezone)
Date: January 7, 2014
Staff Analysis: The rezone proposal implements the Comprehensive Plan land use
designation for the subject property. As mentioned under the Findings of Fact, a
Comprehensive Plan map amendment was processed at the end of 2013 and approved by
the City Council Ordinance No. 6489. The proposed rezone would adjust the zoning of the
property to correspond and be consistent with the Comprehensive Plan designation.
Showing that a change of circumstances has occurred is not required if a rezone
implements the Comprehensive Plan.
b. The proposed rezone must bear a substantial relationship to the general
welfare of the community.
Staff Analysis: Rezoning the subject property from “R5, Residential” to “C1, Light
Commercial” will align the zoning district to the already changed Comprehensive Plan
designation. As noted above, Chapter 3, ‘Land Use’, and Chapter 14, ‘The Comprehensive
Plan Map’, provide various policies related to meeting community and growth management
goals. The zoning change will assist in implementing these goals benefitting the community
and general welfare.
C. RECOMMENDATION
Based upon the application, Findings of Fact, and Conclusions of the staff report, Staff
recommends that the Planning Commission recommend to the City Council approval of the
rezone without conditions.
Staff reserves the right to supplement the record of the case to respond to matters and
information raised subsequent to the writing of this report
D. EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map
Exhibit 3 Zoning Map showing the current and proposed zoning
Exhibit 4 2012 Aerial Photograph
Exhibit 5 Determination of Non-Significance (File No. SEP13-0028) and completed
environmental checklist application form
Exhibit 6 Ordinance No. 6489 Approving Comprehensive Plan Amendment, dated
December 2, 2013
Exhibit 7 Combined Notice of Application and Public Hearing document
Exhibit 8 Affidavits of posting, mailing, and publication (3 documents)
Exhibit 9 Revised Notice of Public Hearing and affidavit of mailing, and publication notice
(3 documents)
Exhibit 10 Resolution No. 5028, Authorizing City Notice of Action of Eminent Domain
Proceeding.
eGIS Planning
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
1/28/2014
SCENIC
DR
SE
22NDST SE
HEMLOCK
ST
SE
GINKGO ST SE21STSTSE
FIR ST SE
21ST ST SE
FIR ST SE
ELM ST SE
HEMLOCK
ST
SE
AUBURN WAY S
Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
¬Map ID: 4338Printed On: 08/20/13
REZ13-0004, City Auburn WY S & Hemlock ST SE Rezone
0 80 160 240 320 400
FEET
SCENIC
DR
SE
22NDST SE
HEMLOCK
ST
SE
GINKGO ST SE21STSTSE
FIR ST SE
21ST ST SE
FIR ST SE
ELM
ST
SE
ELM ST SE
HEMLOCK
ST
SE
AUBURN WAY S
Existing Zoning
Proposed Zoning
C1 Light Commercial District
CN Neighborhood Shopping District
P1 Public Use District
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
R10 Residential 10 DU/Acre
R20 Residential 20 DU/Acre
Residential Conservency
Parcels
EXISTING
PROPOSED
2012 Aerial photo, REZ13-0004
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
1/28/2014
ORDINANCE NO. 6 4 8 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO PLANNING;
ADOPTING COMPREHENSIVE PLAN MAP AND TEXT
AMENDMENTS PURSUANTTO THE PROVISIONS OF RCW
CNAPTER 36.70A
WHEREAS, on August 18, 1986, the City Council of the City of Auburn adopted
a Gomprehensive Plan by Resolution No. 1703 which includes a Map establishing the
location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995, the Aubum City Council adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth
Managemerit Act; and
WHEREAS, on September 5, 1995, the Aubum City Council reaffirmed that
actiom by its adoption of Ordinance No. 4788; and
WHEREAS, the Ciry of Aubum published in the Seattle Times Newspaper an
advertisement that the City was accepting comprehensive plan amendment applica4ions
and established a deadline for submittal of June7, 2013; and
WHEREAS, the City of Aubum received two privately-initiated map amendments
File Nos. CPA13-0001 8 CPA13-0002); and
WHEREAS, the City of Aubum initiated one map amendment and six text/policy
amendments (File No. CPA13-0003); and
WHEREAS, the Comprehensive Plan map and texUpolicy amendments were
processed by the Planning and Development Department as proposed Year 2013
amendmeMs to the City of Aubum Comprehensive Plan; and
Ordinance No. 6489
November2l, 2013
Page 1
WHEREAS, maintaining a currenY Capital Facilities Plan is required of the City in
order to meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the proposed Year 2013
Comprehensive Plan amendments were considered in accordance with procedures of
the State Environmentaf Policy Act (File No. SEP13-0028); and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth Management Senrices Division and other
State agenciesfior the 60-day review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the Autium Planning Commission on October
22, 2013, conducted a public hearing on the proposed amendments; and
WHEREAS, at the public hearing the Aubum Gity Planning Commission heard
and considered the public testimony and the evidence and exhibits presented to it; and
WHEREAS, the Aubum City Planning Commission thereafter made
recommendations to the City Council on the proposed Year 2013 Comprehensive Plan
map and text amendments; and
WHEREAS, on November 12, 2013, the Planning and Community Development
Committee of the Auburn City Council reviewed the Planning Commission's
recommendations; and
WHEREAS, on November 18, 2013, the Public Works Committee of the Aubum
City Council reviewedthe Planning Commission's recommendations; and
WHEREAS, on November 25, 2013, the Planning and Community Development
Committee of the Aubum City Council made a recommendation to the City Council; and
Ordinance No. 6489
November2l, 2013
Page 2
WHEREAS, on December 2, 2013, the Aubum City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The 2013 Comprehensive Plan city-initiated Map Amendment.
CPA13-0003) is adopted and approved as set forth in Exhibit "A" as attached hereto
and incorporated herein by reference. The City Clerk shall file Exhibit "A" along with this
Ordinance and keep them available for public inspection.
Section 2. The 2013 Comprehensive Plan Text Amendments (CPA13-OOU3),
including the amendments to the City of Auburn Comprehensive Plan (Chapters 3,
Land Use"; Chapter S, "Economic Development"; and Chapter 14, "Comprehensive
Plan Map"), are adopted and approved as set forth in Exhibit "B" attached hereto and
incorporated herein by reference. The City Clerk shall file Exhibit "B" along wRh this
Ordinance and keep them available for public inspection. The full text of the Capital
Facilities Plan of the City and the four school districYs Capital Facilities Plans are
adopted with the City's Comprehensive Plan, copies of which shall be on file with the
Office of the City Clerk. The City Clerk shall file them along with this Ordinance and
keep them available for public inspection. Council adopts both the Planning
Commission's recommendations, dated October 22, 2013, and the findings and
conclusions outlined in the November 20, 2013, staff report, attached as Exhibit "C".
Section 3. Application CPA13-0001, Wesley Homes Lea Hill, LLC
Comprehensive Plan Map Amendment, requesting a land use designation change from
Ordinance No. 6489
November 21, 2013
Page 3
Single Family Residential" to "Publia and Quasi-Public" for three properties identified
by parcel numbers: 1721059007, 1721059109, and 1721059253 is approved as set
forth in Exhibit "D° attached hereto and incorporated herein by reference. Council
adopts both the Planning Commission's October 22, 2013 recommendations, and the
findings and conclusions outlined in the November 20, 2013, staff report, both attached
as Exhibit "C".
Section 4. Application CPA13-0002, Fonpee, LLC and Edwin Stanberry
Property Comprehensive Plan Map Amendment, requesting a land use designation
change from "Heavy Commercial" to "Light Industria" for portions of two properties
identified by parcel numbers: 0221049098 and 0221049077 is approved as set forth in
Exhibit "E" attached hereto and incorporated herein by reference. Council adopts both
the Planning Commission's October 22, 2013 recommendations, and the findings and
coriclusions outlined in the November 20, 2013, staff report, both attached as Exhibit
uC.
Section 5. The 2013 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986, by Resolution No. 1703 and
adopted by Ordinance No. 4788 on September 5, 1995.
Section 6. The adopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive au4hority under the Washington State
Environmental Policy Act by the City's responsible environmental official in accordance
with RCW. 43.21 C.060.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any
Ordinance No. 6489
November2l, 2013
Page 4
reason held invalid or unconstitutional by any Court of competent jurisdiction, such
portion shail be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
Section 8. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to include
incorporating into one document the adopted Comprehensive Plan map and text
amendments, attached hereto as ExhibR "A", Exhibit "B", Exhibit "C", F chibit "D" and
Exhibit"E" preparing and publishing the amended Comprehensive Plan.
DEC 2 2013
INTRODUCED:
PASSED:
APPROVED: 2 2013
r
Peter B. Lewis
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Danie . Heid,
City Attomey
Published: /Lr'a..er 5.---%`,"'"
Ordinance No. 6489
November 21, 2013
Page 5
-Notice Details-
Total NET Cost: $118.19
Class Name: Public Notices
Account #: 107302
Advertiser Name: City of Auburn, Finance Dept
Agency Name:
Contact: Dani (City Clerk) 253-931-3037
Address: 25 W Main St
Auburn, WA 98001
Telephone: (253) 876-1980
These are the details of your notice scheduled to run on the dates indicated below.
CITY OF AUBURN NOTICE OFPLANNING COMMISSION HEARING
PUBLIC HEARING: Planning Commis-sion, February 4, 2014 at 7:00 pm COUN-CIL CHAMBERS, CITY HALL
APPLICATION NUMBER & NAME: REZ13-0004 / City-initiated Rezone Auburn WY S & Hemlock ST SE
PROPONENT: City of Auburn Planning and Development Dept.
PROPERTY LOCATION: three par-cels totaling approximately 1.76 acres at the NE corner of Auburn WY S & Hem-lock ST SE addressed as 3202, 3210, and 3216 Auburn WY S., Parcel # 2815000020, 2815000010, & 2121059073.
DESCRIPTION OF PROPOSAL: Rezon-ing of three parcels totaling approximately 1.76 acres from “R5, Residential, 5 dwelling units per acre” to “C1, Light Commercial”.
PUBLIC COMMENT: All persons may comment on this application either in writ-ing to the address below by February 4, 2014, or by submitting written or oral tes-timony during the public hearing. Written comments may be submitted to the mail-ing address: 25 West Main, Auburn, WA 98001-4998 and located at: 1 East Main Street, Auburn WA 98001. Any person wishing to become a party of record shall include in their comments that they wish to receive a copy of decisions and be made aware of appeal rights.
For questions related to this application, contact Jeff Dixon, Principal Planner at (253) 804-5033 or jdixon@auburnwa.gov If you call or write, please reference File No. REZ13-0004.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to pro-vide the requested services or equipment.
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Account Information
Legals Desk Contact Information
Phone # (206) 652-6018
Email: legals@seattletimes.com
Notice Placement Information
Prepayment Information
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CITY OF
F
WASHINGTON
REVISED
AFFIDAVIT OF MAILING OF LEGAL PUBLIC HEARING NOTICE
Application No.: REZ13 -0004
Nature of Project or Request: Rezoning of three parcels totaling approximately 1.76 acres
from "R5, Residential, 5 dwelling units per acre" to "Cl, Light Commercial ".
Location: three parcels at the NE corner of Auburn WY S & Hemlock ST SE addressed as
3202, 3210, and 3216 Auburn WY S., Parcel # 2815000020, 2815000010, & 2121059073
within the SW quarter of Section 21, Township 21 North, Range 5 East, W.M.
Applicant: City of Auburn, Planning & Development Dept.
Date of Public Hearing: February 4, 2014
I certify that on or before January 21, 2014 1 did send a Notice of Public Hearing for the above
referenced application, as required by Auburn City Code 18.66.130, to all property owners
located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through
the United States Postal Service at least 15 days prior to the public hearing date noted above.
declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
RESOLUTION NO. 5 0 2 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
NOTICE OF PLANNED FINAL ACTION REGARDING
CITY OF AUBURN USE OF EMINENT DOMAIN
PROCEEDINGS
WHEREAS, pursuant to RCW 8.25.290, cities are required to give notice
of an intention to employ potential eminent domain proceedings in advance of the
final decision to so utilize these proceedings; and
WHEREAS, the City of Auburn is facing the need for property acquisition
on connection with City Project CP1119 - Auburn Way South Corridor
Improvements — Fir Street to Hemlock Street, which does call for acquisition of
property that the City has not, yet, been able to secure through negotiations, and
WHEREAS, in accordance with the above-referenced section of the
Revised Code of Washington, it is appropriate that notice be given in advance of
the adoption of an ordinance to authorize use of eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That Notice shall be given in accordance with RCW 8.25.290
in conformity with the document attached hereto, marked as Exhibit "A" and
incorporated herein by this reference, in advance of City Council final approval of
an ordinance authorizing use of eminent domain.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Resolution No. 5028
January 6, 2014
Page 1 of 2
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Dated and Signed this Q\ day o-TT.< 12014
CITY OF AUBURN
ANCY C US, MAYOR
ATTEST
n
Danielle E. Daskam, City Clerk
APPRO ED TO FORM:
Daniel B Heid, City Attorney
Resolution No. 5028
January 6, 2014
Page 2 of 2
CITY OF
eAURTT- Nancy Backus, Mayor
WASHINGTON 2S We5tMain Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
Exhibit "A"
NOTICE OF PLANNED FINAL ACTION
City of Auburn Eminent Domain Proceedings
RCW 8.25.290)
Date
VIA CERTIFIED AND REGULAR MAIL
Subject Property
County Tax Parcel No
County Tax Roll Property Owner of Record:
NOTICE IS HEREBY GIVEN that the City Council of the City of Auburn, condemnor, will
consider taking final action by approval and passage of a condemnation ordinance that
will authorize the City Attorney to commenced eminent domain (condemnation)
proceedings against the above-described subject property. A draft copy of the proposed
ordinance is attached to this certified letter
The date, time, and location fixed for council consideration of this proposed
condemnation ordinance is at p.m. in the City of
Auburn Council Chambers, located at 25 West Main Street, Auburn, Washington 98001
Danielle E. Daskam
Auburn City Clerk
AUBURN * MORE THAN YOU IMAGINED