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HomeMy WebLinkAbout02-27-2017 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session February 27, 2017 - 5:30 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Roll Call II. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS III. AGENDA ITEMS FOR COUNCIL DISCUSSION A. Arts & Culture Center Update (30 Minutes)* (Faber) B. Human Services Overview* (Hinman) An overview of the City's Human Service activities. C. Ordinance No. 6639 - Rezone REZ15-0001 (5 Minutes)* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Kana B, LLC for rezoning of four parcels totaling approximately 5.87 acres located east of East Valley Highway from C1, Light Commercial and C3, Heavy Commercial, to M1, Light Industrial to implement the Comprehensive Plan and amending the City’s zoning maps D. Ordinance No. 6640 - Rezone REZ14-0001 (5 Minutes)* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Romart Investments, LLC for rezoning of one parcel totaling approximately 2.27 acres located at the northwest corner of 182nd Ave E and Lake Tapps Parkway E from R5, Residential to C1, Light Commercial to implement the Comprehensive Plan and amending the City’s zoning maps E. Ordinance No. 6641 - Rezone REZ16-0002 (5 Minutes)* (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of City of Auburn, Community Development and Public Works for rezoning of three parcels totaling approximately 137.38 acres located west of C Street southwest from M1, Light Industrial and M2, Heavy Industrial to C3, Heavy Commercial to implement the Comprehensive Plan and amending the City’s zoning maps IV. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 1 of 154 *Denotes attachments included in the agenda packet. Page 2 of 154 AGENDA BILL APPROVAL FORM Agenda Subject: Arts & Culture Center Update (30 Minutes) Date: February 14, 2017 Department: Parks/Art and Recreation Attachments: Power Point Budget Impact: $0 Administrative Recommendation: This will be a briefing related to community engagement, funding strategies and opportunities, project timelines, initial design schematics & next steps. Background Summary: The City of Auburn purchased the Auburn’s historic post office building in August 2016. City staff reached out to the community for public input related to transitioning the building to an Arts & Culture Center from September-December 2016. The City has been actively working with PARC Resources and Johnston Architects on cost estimates, fundraising strategies, and initial design schematics for the Arts & Culture Center to accompany grant writing and fundraising activities. Reviewed by Council Committees: Municipal Services, Planning And Community Development Councilmember: Staff:Faber Meeting Date:February 27, 2017 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 3 of 154 City of Auburn Arts & Culture Center | 2017 DI.A Page 4 of 154 Arts & Culture Center ARTPLACE VIDEO DI.A Page 5 of 154 Public Outreach & Community Input Information Sharing •Press Releases •Newspaper Articles •Auburn Magazine •Outreach Video •City Website •E-blast messages •Social media outreach Community Input & Focus Groups •Series of open houses & group conversations at Arts & Culture Center •Online Survey •Community presentations and conversations with various groups DI.A Page 6 of 154 Auburn Magazine Article October 2016 DI.A Page 7 of 154 Auburn Reporter Newspaper Articles DI.A Page 8 of 154 Auburn Arts and Events Social Media OutreachDI.A Page 9 of 154 Community “Wish List”DI.A Page 10 of 154 Financial Strategy/Cost Estimates PARC Resources & Johnston Architects •Consultant study •Outlined funding opportunities and strategies •Prepared initial cost estimates and phasing options •Created initial design schematics •All pieces of study required for future grant applications DI.A Page 11 of 154 Funding Opportunities & Strategies Phase One Goal Estimate: Main Floor Remodeling includes: Lobby & Gathering area; Gallery Spaces; Classroom Space; Visiting Artist Studio (Quarterly Feature); Café/Concession; Bathroom; Office Area; & building-wide mechanical/electrical systems. $1,523,284 Phase Two Goal Estimate: Basement Remodeling includes: Flexible spaces for art-making activities; rehearsal space; classroom areas. $1,420,931 Total Estimate $2,944,215 Total Funding Goal $3,000,000 DI.A Page 12 of 154 Funding Opportunities & Strategies Grants •Government Grants •Large Foundations (Over $50,000) •Small Foundations (Up to $50,000) •Corporate Funders •Energy Incentives City Funding Direct Appropriations In-Kind Donations Other potential opportunities to investigate •REET Funding •General donations •Naming rights for areas within the Arts & Culture Center: •Gallery Area; The Vault Gallery; Classrooms, Gift Shop, etc. Secured Grants: 4Culture Building for Culture (Renovation): $200,000 4Culture Preservation Special Projects (Design Documents): $10,000 Recently Submitted Grants: 4Culture Arts & Heritage Facilities (Renovation): $150,000 ArtPlace (Phase One Renovation): $480,000 DI.A Page 13 of 154 Proposed Project Timeline Phase One Project Timeline: •Building Purchase (August 2016) •Community Outreach & Input (September-November 2016) •Initial Design Schematics and Overall Cost Estimates (December 2016) •Fundraising and grant writing efforts (ongoing) •Phase One Renovations (Late Fall 2017-2018) •Phase One Grand opening (End of 2018) •Phase Two Renovations (January 2019-Spring 2020) DI.A Page 14 of 154 Draft Design Schematics –Main Floor DI.A Page 15 of 154 Draft Design Schematics -Basement DI.A Page 16 of 154 Interior Main Floor Artist Sketch DI.A Page 17 of 154 Draft Programming Plan •Gallery Exhibitions o Rotating exhibits & The Vault Site-Specific exhibit •Public Programming and Studio Space o Educational classes and workshops for all ages (visual, literary, and performing arts) o Lectures and Artist Talks o Small Scale Performances o Holiday Art & Craft Market o After-school arts classes and programs o Art and Wine/Beer Pairing Classes for adults •Visiting Artist Studio o Artist in a featured studio with a strong emphasis on collaboration and interaction with the local community. •Gift Shop/Store o A portion of the lobby area will be a small gift shop selling artisan arts and craft items. •Rentals o The venue would be an available space for special events, weddings, birthdays or small performances. •Organizational Partnerships o Support of local arts organizations through strategic partnerships, shared programming and potential for accommodating office use in the building. •Food/Beverage Vendor o Small food, coffee, and catering space equipped to provide food and beverages on a to be determined basis for events, rentals, and operational needs. •Support for Auburn Avenue Theater o Extra rehearsal space, potential backstage facilities for shows, pre/post performance gathering space •Alleyway Connection DI.A Page 18 of 154 DI.A Page 19 of 154 AGENDA BILL APPROVAL FORM Agenda Subject: Human Services Overview Date: February 21, 2017 Department: Administration Attachments: 2016 City Wide Human Services Offerings Budget Impact: $0 Administrative Recommendation: For further discussion. Background Summary: Broad overview of indirect social or human service-related activities by City of Auburn departments. Reviewed by Council Committees: Councilmember: Staff:Hinman Meeting Date:February 27, 2017 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 20 of 154 Title Description *Direct Cost *Staff time/Year *Staff Cost/Hour *Total Staff Cost Housing Repair Providing minor home repair to low income Auburn homeowners. Medical and Dental Services Provide free or lost cost medical and dental services to low income Auburn residents. Small Business Assistance Center Provide counseling and technical assistnace to low income Auburn residents to expand or start up a small business. Youth Outreach Provide youth outreach to low income Auburn residents connecting them to after school programs. Employment Training Services Provide counseling to low income Auburn residents to sustain employment *The allocation for general program administration of the CDBG program is $100,00 *Total calculated costs to follow DI.B Page 21 of 154 Dept Title Description *Direct Cost *Staff Time/Year *Staff Cost/Hour *Total Staff Cost Administration Healthy Auburn Task Force Free immunizations for ASD students Administration Healthy Auburn Task Force Contracted staff to lead Healthy Auburn Task Force Administration/HR/Community Development Transient Camp Abatement Homeless Encampment Cleanup costs (often utilizes the Community Service Work Crew) City-wide Employee Giving Campaign Employees work to secure pledges for non-profit organizations and hold a silent auction to raise funds for selected non-profit organizations Community Development Business License Fee Waivers Community Services Neighborhood Grants Provide small grants to organizations in Auburn for neighborhood improvements Community Services South King County Homeless and Housing Partnership Community Services McKinney-Vento Community Services Homeless Task Force misc. Projects based on recommendations provided by Auburn's Task Force on Homelessness Community Services Community Service Referrals Provide referrals to service providers in Auburn and the SKC region to those in need Community Services YMCA Scholarships Provide 60 annual scholarships for low income Auburn residents to use the YMCA facility. Community Services Neighborhood meeting coordination Acting as an advocate for the neighborhoods and avenue to share information Community Services National Night Out Crime and drug prevention event where residents in Auburn spend an evening with their neighbors. Community Services Civics Academy 11 week program teaches residents about the City of Auburn operations. Community Services Human Services Committee 7 members meet monthly to provide recommendations to mayor and City Council on allocations of human services grant funds Community Services CLC/YMCA Community Learning Center Partnership between YMCA, Washington Elementary, Olympic Middle School and COA Community Services and Emergency Management Inclement weather shelter Provide emergency shelter during inclement weather Community Services and Police Emergency Vouchers DI.B Page 22 of 154 Finance Utilities Senior/Disabled Utility Discounts Discounted utility rates for low-income, disabled and/or senior homeowners Finance Utilities Senior/Disabled Utility Rebates Utility rebates for low-income, disabled and/or senior renters HR Public Defender No cost legal defense for those that cannot afford their own attorney HR Community Service Work Crew IT Digital Parity Initiative Installation and availability of free high speed internet to low-income areas of Auburn Parks, Arts & Recreation SAC Salad Bar Parks, Arts & Recreation Get Up & Get Out Parks, Arts & Recreation Scholarships and Fee Waivers Parks, Arts & Recreation Parks and Facilities Non-profit Rates Rental discounts for Non-profit organizations Parks, Arts & Recreation EBT/SNAP Auburn Farmers Market accepts EBT and SNAP for food purchases Police Human Services-related PD response calls Includes Verbal DV, DV Cases, and Mental Health/Homeless/Suicide Attempt calls Police Alive & Free YMCA Gang Prevention Program/Youth Outreach *Total calculated costs to follow DI.B Page 23 of 154 Category Title Description *Direct Cost Birth to Three - Family Services Provide training for parents of children with special needs. Child Care Resources - Child Care Consumer Education and Provider Quality Improvement Provide services to assist families to meet their child care needs Children's Home Society - Auburn Family Resource Center Provide critical services to vulnerable children and families including counseling and education. Children's Therapy Center - Children With Special Needs Provide therapeutic services to children with special needs. Communities in Schools - Students in Need Provide integrated support services for at risk students in Auburn. Pediatric Interim Care Center - Interim Care of Drug Exposed Infants Provide 24 hour medical care to drug exposed infants. Sound Mental Health - Child and Family Services Provide school and community based behavioral health services for children and families. Tree House - Graduation Success Provide case management and resources to move youth toward high school graduation. Crisis Clinic - 2-1-1 Provide referrals to community services in Crisis Clinic - Teen Link 24 Hour free confidential support for teens Crisis Clinic - Crisis Line 24 hour free confidential support for those experiencing crisis DAWN - Housing Provide emergency shelter to survivors or domestic violence DAWN - Community Advocacy Program Provide wrap around support to remove barriers for suvivors to recover from the impacts of domestic violence Child Abuse and Neglect Sexual Assault DI.B Page 24 of 154 KCSARC - Comprehensive Sexual Assault Services Provide case management, legal advocacy, psychoeducation and 24 hour crisis intervention. YWCA - Children's DV Provide 10 week curriculum to help children heal from the effects of domestic violence. YWCA - Domestic Violence Services Proivde community advocacy, legal advocacy and financial education to survivors of domestic violence. Christ Community Free Clinic - Medical and Dental Services Proivde medical and dental care to individuals with acute non emergency illnesses. International Community Health Services - Dental Services Provide affordable culturally and linguistically appropriate dental care for low income, uninsured or under insured Auburn residents. Seattle-King County Dept of Public Health - Mobile Medical Van Dental and Medical Services Provide medical, dental substance abuse and mental health services to homeless individuals. Apprenticeship & Non-Traditional Employment for Women (ANEW) - Trades Rotation Program Provide pre-apprenticeship traning, employment placement and retention services for women in manufacturing and construction trades. Auburn Pregnancy Aid - Crisis Help Program Provide assistance to women in need with baby and/or toddler items. Catholic Communicy Services - Emergency Assistance Provide rent and utility assistance and payment negotiation plans to avoid eviction, motel vouchers and counseling for homeless individuals. Catholic Community Services - HOME Homeless Shelter Provide temporary overnight shelter for homeless men. Catholic Community Services - Katherine's and Rita's House Provide transitional housing for adult women in recovery. Poverty Reduction Health Care DI.B Page 25 of 154 Catholic Community Services - Volunteer Services Provide volunteer assistance such as cleaning, laundry, grocery shopping, transportation, yard work and minor home repair. Courage 360 - Employment Services Continuum Provide job readiness programs and supportive services to help meet clients basic needs. Eastside Legal Assistance Program - Civil Legal Aid for Low Income Residents Provide civil legal aid to low income Auburn residents. King County Bar Foundation - Pro Bono Services Provide free legal services to low income Auburn residents. Multi-Service Center - Shelter & Transitional Housing Provide temporary shelter and case management for homeless families. Orion Industries - Employment Services Provide case management, vocational assessment, skills training and job placement assistance to individuals with barriers to employment. Sound Generations - Meals on Wheels Provide home delivered meals to homebound elders in Auburn. Sound Generations - Volunteer Transporation Provide personalized free, door to door transportation service to seniors in Auburn. Sound Mental Health Low Income Counseling Sound Mental Health - Child and Family Services Sound Mental Health - PATH Provide case management and outreach activities connecting homeless clients with counseling referrals and links to services. DI.B Page 26 of 154 South King Council of Human Services - Capacity Building Project Program Provide technical assistance to agencies and community groups that serve Auburn residents. St. Stephen Housing Association - Temporaty Housing Program Provide temporary housing and supportive services. St. Vincent de Paul - Emergency Services Provide emergency rental assistance for those facing eviction and utility assistance for Auburn residents with shut off notices. The Auburn Food Bank - Food Bank Program Provide food, referrals and emergency and financial aid to Auburn residents in need. Ukranian Community Center - Crisis Family Intervention Program Provide family support services to Ukranian and Russian speaking refugees and immigrants residing in Auburn. Ukranian Community Center - Refugee Assistance Provide refugee and immigrant invidiuals with culturally appropriate education, support and education. YWCA - Auburn Transitional Housing Provide supportive, transitional housing for homeless families. YWCA - Emergency Housing Provide emergency shelter and case management services to homeless families with children. *Total calculated costs to follow DI.B Page 27 of 154 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6639 - Rezone REZ15-0001 (5 Minutes) Date: February 15, 2017 Department: Community Development & Public Works Attachments: Exhibit 1 Staff Report Exhibit 2 Draft ORD 6639 Exhibit 3 Vacinity Map Exhibit 4 Prop Zoning Map Exhibit 5 SEPA Determination Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6639 approving the Kana B, LLC Zoning Map Amendment (Rezone) as recommended by the Hearing Examiner Background Summary: Please see the attached Agenda Bill. Reviewed by Council Committees: Other: Planning & Legal Councilmember: Staff:Snyder Meeting Date:February 27, 2017 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 28 of 154 AGENDA BILL APPROVAL FORM Page 1 of 12 Agenda Subject Ordinance No 6639, Kana B, LLC Zoning Map Amendment (Rezone), REZ15-0001, Date: February 21, 2017 Department: Comm. Dev. & Public Works Attachments: See Exhibit listing below. Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6639 approving the Kana B, LLC Zoning Map Amendment (Rezone) as recommended by the Hearing Examiner APPLICANT/OWNER: Jon Cheetham, Managing Member Kana B LLC (a.k.a. Lakeridge Paving Company) P.O. Box 8500 Kent, WA 98042 AGENT: Mary Urback 12417 12th Street East Edgewood, WA 98372 REQUEST: File No. REZ15-0001 Rezoning of four parcels; two parcels totaling approximately 3.65 acres from “C1, Light Commercial” to “M1, Light Industrial” and rezoning of two parcels totaling approximately 2.22 acres from “C3, Heavy Commercial” to “M1, Light Industrial”. LOCATION: The proposal consists of parcels on the east side of East Valley Highway (A ST SE) in the 54XX-56XX block (between Lakeland Hills Boulevard and Lake Tapps Parkway East). The site is within the southwest ¼ of the SW ¼ Section 31, T21N, R5E, WM. King Co. Parcel Nos. 3121059033, 3121059036, 3121059010 & 3121059056. 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: Synder Meeting Date: February 27, 2017 Item Number: Exhibit 1 DI.C Page 29 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 2 of 12 LOCATION & PARCEL: The property is located directly to the east of A Street Southeast and is within the King County portion of the City of Auburn, Parcel Nos. 3121059033, 3121059036, 3121059010, and 3121059056. EXISTING ZONING: Parcel Nos. 3121059033 & 3121059036 – “C1, Light Commercial” Parcel Nos. 3121059010 & 3121059056 – “C3, Heavy Commercial” EXISTING COMPREHENSIVE PLAN DESIGNATION: Parcel Nos. 3121059033 & 3121059036 are designated “Light Industrial” by recent Ordinance No. 6632, adopted December 5, 2016. Parcel Nos. s 3121059010 & 3121059056 are currently designated as “Light Industrial”. SEPA STATUS: A Mitigated Determination of Non-Significance (MDNS) was issued under City File No. SEP15-0016 on April 18, 2016. The comment period ended May 3, 2016 and the appeal period ended May 17, 2016. There were no comments or appeals. The Comprehensive Plan designation, zoning classification and land uses of the site and surrounding properties are as follows: Comprehensive Plan Designation Zoning Classification Current Land Use Parcels 3121059033 & 3121059036 Light Industrial C1, Light Commercial Single family residence, outbuildings, and temporary storage of unoccupied buildings Parcels 3121059010 & 3121059056 Light Industrial C3, Heavy Commercial Temporary storage modular building(s). North Light Commercial C1, Light Commercial Single family residence South Light Commercial C1, Light Commercial Heavy construction contractor business East Moderate Density Residential l R7, Residential Seven Dwelling Units Per Acre Steep undeveloped hillside West East Valley Highway (A ST SE) , railroad line and City limits with City of Pacific, beyond East Valley Highway (A ST SE) , railroad line and City limits RO zoned property located in the City of Pacific, beyond East Valley Highway (A ST SE), railroad line and agricultural property, beyond in the City of Pacific. DI.C Page 30 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 3 of 12 Vicinity Map ^ NORTH DI.C Page 31 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 4 of 12 A. FINDINGS 1. The related Comprehensive Plan map amendment for two of the four parcels, and the rezone (zoning map amendment) application were accepted on June 5, 2015, prior to the submittal deadline for processing of annual Comprehensive Plan Amendments. The related environmental checklist application was subsequently submitted in 2015. 2. The applications were submitted by Jon Cheetham, who is identified as Managing Member of Kana B, LLC, Property Owner and Applicant 3. The zoning map amendment (rezone) application seeks to change the zoning classification of four parcels totaling approximately 5.87 acres from “C1, Light Commercial” and “C3, Heavy Commercial” to “M1, Light Industrial”. 4. The site requested for change is generally rectangular in shape. 5. The site contains a mix of single family residential and temporary storage of modular buildings authorized by a temporary use permit. 6. The west side of the site is bordered by A Street Southeast (East Valley Highway) which is a two-lane north-south roadway and classified by the City of Auburn as a “Principal Arterial”. A Street Southeast contains a graveled shoulder on both sides of the road, but is not developed with any curb, gutter, or sidewalk abutting the site. The site does not border any other roadway rights-of-way. 7. As indicated by the Applicant in the narrative submitted with the application, rezoning has been requested for the purposes of allowing greater flexibility for the relocation and expansion of Lakeridge Paving Company, to relocate from their current facility in Maple Valley, WA. The expansion will include development of new office facilities, paving, storage, and shop buildings. 8. A Mitigated Determination of Non-Significance (MDNS)--the environmental review required under the State Environmental Policy Act (SEPA)--for the application by Kana B LLC for a Comprehensive Plan Map Amendment and Rezone was issued under City File No. SEP15- 0019 on April 18, 2016. The comment period ended May 3, 2016 and the appeal period ended May 17, 2016. There were no comments or appeals. History of Subject Property 9. The property is located within the King County portion of the City of Auburn. It was annexed to the City in 1962 by Ordinance No. 1492. 10. Based on historic zoning maps, the northerly portion of the site (Parcel Nos. 3121059033 & 3121059036) were zoned UNCL, Unclassified from the time of annexation up until 1987 and then were changed to the second category of residential zoning of R2, a Single Family Residential (6,000 square foot minimum lot size). The properties were subsequently changed to a “Light Commercial” comprehensive plan designation and a “C1, Light Commercial” zoning classification. DI.C Page 32 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 5 of 12 11. During 2015, the Applicant, Kana B, LLC, submitted three applications to the City, as follows: a. A request to amend the Comprehensive Plan map designation of two northern parcels, with an approximate size of 3.65 acres from “Light Commercial” to “Light Industrial” (File No. CPA15-0002). The southern two parcels were previously changed by the City as part of the adoption of the 2015 Comprehensive Plan and as such, the Applicant did not seek to amend the Comprehensive Plan designation on the two southern parcels. b. A rezone application (File No. REZ15-0001) was submitted to change two parcels from C1, Light Commercial and two parcels from C3, Heavy Commercial to M1, Light Industrial. A rezone is needed to allow for relocation and expansion of an existing building construction business, including the future construction of office facilities, storage buildings, and shop buildings. c. An environmental checklist (SEPA) application (File No.SEP15-0016) was submitted for the state–required analysis of the environmental impacts of the city decision on the proposed land use changes. The Applicant’s responses within environmental checklist application indicated the proposal was a “non-project action”. 12. In response to the environmental checklist application received in 2015, the City issued a MDNS for the Comprehensive Plan Map Amendment and Rezone under City File No. SEP15-0019 on April 18, 2016. The comment period ended May 3, 2016 and the appeal period ended May 17, 2016. There were no comments or appeals. Relationship of Comprehensive Plan Amendment and Rezone Processing 13. At its November 9, 2016 public hearing, the Planning Commission reviewed the related Comprehensive Plan map amendment (File No. CPA15-0002, Kana B, LLC) to change the Comprehensive Plan map designation of the northerly two parcels from “Light Commercial” to “Light Industrial”. The Planning Commission forwarded a recommendation for approval to the City Council. 14. At its November 28, 2016 meeting, the City Council reviewed the Comprehensive Plan amendments and draft Ordinance No. 6632, as recommended by the Planning Commission. On December 5, 2016 the City council approved Ordinance No. 6632 approving the change in comprehensive plan designation of the northerly two parcels of the project site to “Light Industrial”. 15. Pursuant to ACC 18.68.030 and ACC 18.68.040, all applications for a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 2.46.130. This Application is consistent with the Comprehensive Plan, as outlined below in the ‘Conclusions’ section, below. DI.C Page 33 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 6 of 12 16. Pursuant to ACC 18.68.040, “(Zoning code amendments) Public hearing notice requirements”. Rezones Initiated by an Applicant Other Than City shall require public notice be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. A Public Hearing Notice was issued and published in the Seattle Times on January 4, 2017; this notice was also mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements. 17. Per ACC 18.23.020, the stated intent of the “M-1 Light Industrial” zoning district is to: “. . . accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made.” 18. As identified in ACC 18.23,020 and -030, the “M-1 Light Industrial” zoning classification allows a range of industrial uses, including building contractors and storage uses. The development standards of the zone are contained in ACC 18.23.040. B. CONCLUSIONS: ACC Chapter 18.68 provides few 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. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the Comprehensive Plan. Capital budget decisions shall be made in conformity with the Comprehensive Plan.” On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change in comprehensive plan designation of the northerly two parcels from “Light Commercial” comprehensive plan designation to the “Light Industrial” comprehensive plan designation as part of “annual amendments”. The southerly two parcels were designated “Light Industrial” by the Comprehensive Plan prior to the 2016 annual amendments. The Application is vested to the Comprehensive Plan in effect prior to the adoption of substantially revised Comprehensive Plan adopted in December of 2015. The Comprehensive Plan contains policy guidance related to this application. Specifically, Chapter 14, Comprehensive Plan Map, starting at Page 14-14 provides the following purpose and description of the ‘Light Industrial’ Comprehensive Plan designation: The 2014 DI.C Page 34 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 7 of 12 Comprehensive Plan to which the application is vested provides the following purpose statement of the “Light Industrial” comprehensive plan land use designation: “Light Industrial” “Purpose: To reserve quality industrial lands for activities that implement the City's economic development goals and policies.” “Description: This category is intended to accommodate a wide range of industrial and commercial uses. This designation is intended to provide a location attractive for manufacturing, processing and assembling land use activities that benefit from quality surroundings and appropriate commercial retail uses that benefit from the location, access, physical configuration, building types of these properties. It is distinguished from heavier industrial uses by means of performance criteria. All significant activities shall take place inside buildings, and the processing or storage of hazardous materials shall be strictly controlled and permitted only as an incidental part of another use. The siting and design of industrial buildings shall be of an "industrial or business park" character. Certain residential uses may be permitted, especially in industrial areas that have been established to promote a business park environment that complements environmental features, and/or if development standards are developed to promote compatibility between residential and other non-residential land uses.” (Emphasis added). “Compatible Uses: A wide range of industrial and heavy commercial uses may be permitted, subject to performance standards. These uses include indoor manufacturing, processing and assembling of materials from previously prepared or raw materials and ancillary and necessary warehousing and distribution of finished goods associated with manufacturing and industrial uses. Certain residential uses may be permitted if development standards are established to promote compatibility between residential and other non-residential land uses.” “Outside storage shall be permitted only subject to performance criteria addressing its quantity and location to ensure it is compatible with adjacent uses and so that such storage would not detract from the potential use of the area for light industry. In all cases such storage shall be extensively screened. In the Environmental Park District that implements the “Light Industrial” plan map designation; outdoor storage will be strictly limited to promote compatibility with adjacent environmental land uses. Uses involving substantial storage or processing of hazardous materials as well as substantial emissions should not be permitted in these areas. A wide range of commercial activities may be allowed to provide increased opportunities for sales tax revenue.” “To ensure the City’s long-term ability to invest in public infrastructure and services remains viable, the City will continue to assess, evaluate, and if necessary pursue implementation of policies that incentivize the transition of current and future land uses in its industrial zones away from distribution and warehouse uses based on future changes on tax structure at the State level or other similar actions. The City believes that manufacturing and industrial land uses are preferential to and should be encouraged over warehouse and distribution land uses currently existing in the City and that any future warehouse DI.C Page 35 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 8 of 12 and distribution uses should be ancillary to and necessary for the conduct of manufacturing and industrial uses. Manufacturing and industrial uses are more appropriate and beneficial through higher and better use of the land, enhanced employment densities, increased property tax revenues and potential on-site sales tax revenue generation for receipt of materials and other goods and services.” “The establishment of regulations and incentives that create a basis for increased commercial retail uses in the City’s industrial zoning districts will provide greater opportunity for the generation of sales tax revenue in the City. Increased sales tax revenue will positively impact the City’s continued ability to maintain and operate a strong public investment program in infrastructure and services. Commercial retail uses will in turn be attracted to and benefit from the location, access, physical configuration and building types of industrial zoned properties.” “Criteria for Designation: This designation should be applied to a majority of the Region Serving Area designated under this Plan. It is particularly appropriate for industrial land within high visibility corridors. This category should separate heavy industrial areas from other uses.” “Appropriate Implementation: This designation is implemented by the Light Industrial (M-1), Environmental Park (EP) or Business Park (BP) zone.” The requested change would make the zoning classification of the site consistent with its Comprehensive Plan designation. The property is located adjacent to a major street and separated from adjacent residential zoned property by undeveloped, steep topography. The request is not anticipated to adversely affect compatibility with the closest single family residential area. As identified in ACC 18.23.030 the “M1, Light Industrial” zoning classification allows a wide range of uses. While primarily manufacturing and processing in concentration, the regulations also allow a wide variety of commercial and service oriented uses of a more intensive nature. The zoning development standards such as setbacks, building height, etc. of the zone are contained in ACC 18.23.040. As discussed above, the subject site is designated as “Light Industrial” by the Comprehensive Plan. Also, the parcels are contiguous to existing land uses that function as light industrial uses such as industrially zoned properties across A Street SE located outside of Auburn City limits to the west, and Rodarte Construction Company to the south. Additionally, along this segment of A Street SE and within a distance of a quarter mile, there are no other established land uses except for one remaining single family residence (SFR) and a church (other SFR’s are depicted on the property in relatively recent aerial photographs, but some have been removed by the Applicant). Included with the application are statements by real estate agents that indicate that the property is not conducive to commercial development and is better suited to industrial development. There are many factors that may lead to this opinion for example; the market may not have reached maturity at this location that make the property suitable for redevelopment consistent with the commercial zoning designations. The range of uses allowed in the light industrial zone are characterized by a greater amount of outdoor storage and outdoor activity and greater potential for noise and sharp DI.C Page 36 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 9 of 12 transition in land use, regardless of the specific development arrangement and use. Without appropriate mitigation and design consideration, the proximity of the site to a heavily traveled “Principal Arterial” street corridor has the potential to result in land use and visual impacts to nearby properties and to the traveling public. As well as, the location is at the south end of main transportation corridor at the perimeter, that forms a prominent visual identify for the City. The Comprehensive Plan description of the purpose of this designation emphasizes that outside storage shall be permitted only subject to performance criteria addressing its quantity and location to ensure it is compatible with adjacent uses and so that such storage would not detract from the potential use of the area for light industry. In all cases such storage shall be extensively screened. Policies: “GP-16 Contract zoning can be used to manage the transition between existing uses and future uses. Contract zoning allows new uses to be conditioned in a manner which controls potential conflicts during such transition. Contract zoning may be particularly useful as a timing device to ensure that the necessary public facilities are available to support new development.” “GP-31 The City should appropriately support local businesses that enhance the image of the City through their contribution to economic vitality, educational, and historic value of the community.” “LU-96 Highly visible areas which tend to establish the image of the city should not be used by heavy industrial uses.” “LU-97 The City shall promote high quality development of all light industrial and warehouse areas.” “LU-98 The City shall aggressively seek to abate all potentially blighting influences in industrial areas, especially in areas visible to regional traffic flows and in areas designated for light industrial uses.” “LU-99 Compatibility among land uses should be enhanced through landscaping, building orientation and setbacks, traffic control and other measures to reduce potential conflicts.” “LU-100 All industrial development should incorporate aesthetically pleasing building and site design. The City shall amend its codes and performance standards which govern industrial development to implement this policy. a. Procedures shall be established to ensure aesthetically pleasing building and site design in areas designated for light industrial areas. b. Appropriate landscaping and site development standards shall regulate site development in heavy industrial areas.” c. Unsightly views, such as heavy machinery, service entrances, storage areas, rooftop equipment, loading docks, and parking areas should be screened from view of adjacent retail, commercial, light industrial and residential areas and from public streets.” DI.C Page 37 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 10 of 12 The subject site is adjacent to a highly visible transportation corridor that forms a visual identify for the city. The site is separated by hillside from residential uses to the east. Residential uses continue to exist to the north on property designated for light commercial use. The site is not located in the regional-serving area. The development of the property will be required to be served with high capacity and high quality public services and facilities concurrent with development; these will include half street improvements and utility extensions. The properties have frontage and access to A Street SE (East Valley Highway) that is classified as a “Principal Arterial” in the City’s Comprehensive Transportation Plan. 2. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense or larger zone than requested. Staff Analysis: The requested rezone change is from “C-1 Light Commercial” and “C-3 Heavy Commercial” to “M-1 Light Industrial” zone. The staff recommendation for change is the same as the Applicant’s proposal. 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. 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 changing the Comprehensive Plan designation of the northerly two parcels to “Light Industrial” was processed at the end of 2016 and approved by the City Council, Ordinance No. 6632. The southerly two parcels currently have the “Light Industrial” Comprehensive Plan designation, but are zoned “C-3 Heavy Commercial”. The proposed rezone would adjust the zoning of the site to correspond and be consistent with the Comprehensive Plan designation. Showing of 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 site to “M-1 Light Industrial” will align the zoning district to the comprehensive plan designation. As noted above, Chapter 3, Land Use, and Chapter 14, The Comprehensive Plan Map’, the Comprehensive Plan document provides various policies to meet community and growth management goals. The zoning change and subsequent commercial development will benefit the community and general welfare. C. HEARING EXAMINER RECOMMENDATION DI.C Page 38 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 11 of 12 After conducting a properly advertised public hearing, the Hearing Examiner issued a written recommendation of approval on February 1, 2017 with the following conditions. 1. Prior to City approval of a Building Permit, Grading Permit, and/or Storm Permit, the Applicant shall provide a landscaping plan for City review and approval. The landscaping plan shall be prepared by either a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington certified nursery professional program, or a Washington State certified landscape technician (as provided in ACC 18.50) and shall include: a. A vegetated berm, at a minimum, consistent with the requirements of ACC 18.50, to achieve dense screening along the full length of the properties street frontage along A Street SE (except existing or authorized pedestrian and vehicle access points). The horizontal footprint of the berm shall not be less than the minimum landscaping requirements under ACC 18.50 and the vertical profile of the berm shall incorporate appropriate undulations such that the berm has a natural, native appearance instead of one that is uniform and appears artificially created. The selection of plant species shall ensure year around screening and shall incorporate shrubs that provide understory screening below trees as they mature. b. Any fencing that is proposed or installed shall be located beyond the toe of the berm slope, on the interior side of the berm and/or landscaping. If chain link type fencing is proposed, it shall be black coated vinyl-type fencing. c. The landscape screening planted on the berm shall consist primarily of coniferous trees and shrubs with the intent of providing a dense screening of the site from views by the traveling public on A Street SE. It is acknowledged that the pedestrian and vehicle access point(s) will not be fully screened. Also, acknowledged that dense screening may not be achievable where it is necessary to provide adequate sight distance at vehicle access points, if the sight distance obstruction cannot be avoided by the installation of trees at a larger size than the city minimum size and limbed up. d. The species selection of evergreen and deciduous trees for this landscape screen shall be based on city review and approval of a cross-section of the berm to be shown on the landscape plan. The cross section must show the relationship of the size at planting and the mature tree height and spread to view angles from the street to the site development. The City may require the installation of a proportion of the trees at a larger size than the city minimum, if effective screening will not be provided within five years of planting at the minimum size. e. Landscaping shall be irrigated and shall be maintained in order to accomplish the objective of full visual screening. 2. The signage allowed at the site shall be limited as follows. a. Signage is limited to monument signs at vehicular access points and meeting zoning code standards. Landscaping, hardscaping, water features, arbors, and/or other design features shall be used to complement and accentuate monument sign(s). The design and relationship of the accent features shall be reviewed by the DI.C Page 39 of 154 Agenda Subject: Ordinance No. 6639, Kana B, LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 12 of 12 city concurrently with the sign permit. The accent features must not out-of-scale and overwhelm the monument sign(s). b. Lighting for signage shall be limited to up-lighting or down-lighting where light fixtures are fully shielded. Landscaping may be used for shielding of up-lighting. Backlit signage will not be allowed. 3. Depending upon the type of use that is developed on the property, the proposed future development of these 4 parcels could impact the water, sewer, and storm facilities required to serve the parcels. The zoning of the property defines the range of uses that can be permitted which has a resultant effect on the degree to which development will impact utility systems. The C-1, C-3 and M-1 all allow a variety of different types of land uses. Within each designation there uses that can have minimal or heavy impact on the existing utility system. For example, the M-1 zone allows for both mini storage which relies upon very little water usage or a manufacturing operation that places significant demands on the water system. Likewise, the C-3 zone allows retail which also relies upon very little water usage and restaurants, grocery stores, and hotels which consume larger amounts of water. Overall, it is difficult to evaluate the specific potential impacts to utilities without identifying the specific development proposal. For this rezone proposal the applicant has indicated their intent to use the property to locate their construction company offices and to store equipment and materials. If the site is developed in this manner it is not likely to have significant impacts on the water, sewer or storm infrastructure, however, the detailed impacts on the utility systems will be fully evaluated as part of the SEPA process for the site specific development proposal. Stormwater facilities would be required to comply with all applicable city storm drainage standards, including quantity and quality control. Appropriate best management practices for the specific manufacturing process would need to be implemented to prevent illicit discharges to the storm drainage system. D. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6639 Exhibit 3 Vicinity Map / 2015 Aerial Photograph Exhibit 4 Zoning map showing the current and proposed zoning of the Property Exhibit 5 Determination of Non-Significance (File No. SEP15-0016), dated April 18, 2016 DI.C Page 40 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 1 ORDINANCE NO. 6639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF KANA B, LLC FOR REZONING OF FOUR PARCELS TOTALING APPROXIMATELY 5.87 ACRES LOCATED EAST OF EAST VALLEY HIGHWAY FROM C1, LIGHT COMMERCIAL AND C3, HEAVY COMMERCIAL, TO M1, LIGHT INDUSTRIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY’S ZONING MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, th e Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, Jon Cheetham, representative of Kana B, LLC, the Applicant, submitted a rezone application on behalf of the Kana B, LLC (File #REZ15-0001) for the Kana B, LLC rezone on June 5 , 2015, for four parcels identified by King County, DI.C Page 41 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 2 Washington, tax parcel numbers 3121059056, 3121059010, 3121059036 and 3121059033; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City’s official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed Kana B, LLC Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Kana B, LLC Rezone; and WHEREAS, on, February 27, 2017, the Auburn City Council at a study session reviewed the proposed Kana B, LLC Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on March 6, 2017, the Auburn City Council considered the proposed Comprehensive Plan amendments as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council (“Council”) adopts and approves the Kana B, LLC Rezone to change four parcels totaling approximately 5.87 acres located east of East Valley Highway from “C1, Light Commercial”, and “C3, Heavy Commercial”, to “M1, Light DI.C Page 42 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 3 Industrial” and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner’s recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Jon Cheetham of Kana B, LLC. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 5.87 acres from C1 and C3 to M1. The site is composed of four parcels. Two parcels totaling 3.65 acres in the area are currently zoned C1. The remaining 2.22 acres is zoned C3. All four parcels are located on the east side of East Valley Highway between Lakeland Hills Boulevard and Lake Tapps Parkway East. The underlying comprehensive plan land use map designation for the north two parcels was amended to “Light Industrial” by ordinance adopted on December 5, 2016. The underlying comprehensive plan land use map designation for the south two parcels is currently “Light Industrial”. The project site is primarily developed with a mix of single family residential and temporary storage of modular buildings authorized by a temporary use permit. The purpose of the rezone is to allow greater flexibility for the relocation and expansion of the Lakeridge Paving Company, to relocate from their current facility in Maple Valley, WA. DI.C Page 43 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 4 The existing approximately 5.87-acre site is accessed by a north-south principal arterial road. The site has previously been cleared, is generally flat, and contains minimal vegetation. 4. Characteristics of the Area. The rezone area is generally surrounded by undeveloped land to the east and agricultural land to the west. To properties to the north and south are zoned C1, with the north property developed with residential and the south property developed with a heavy construction contractor business. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. A Mitigated Determination of Environmental Non -Significance (MDNS) Was issued as part of the project in order to mitigate any impacts that may have resulted from the project. Specifically, additional landscaping review and scree ning will be required in order to reduce any aesthetic impacts that may have result from the future development of the site. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is “Light Industrial”. 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann- Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from C1 and C3 to M1 clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Plan Land Use Map designation for the property is currently DI.C Page 44 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 5 Light Industrial and the current Light Commercial and Heavy Commercial zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone is mandated by RCW 36.70A.120 and ACC 14.22.050, which requires the City’s zoning regulations to be consistent with its comprehensive plan The Comprehensive Plan identifies three implementing zones for the Light Industrial designation: Light Industrial (M-1), Environmental Park (EP) or Business Park (BP). Given the proximity of the East Valley Freeway and the compatibility of adjoining uses, the proposed Light Industrial district is appropriate for its proposed location. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while providing a significant opportunity for economic development in the City of Auburn. DECISION The Hearing Examiner recommends approval of REZ15 -0001 with the following conditions: 1. Prior to City approval of a Building Permit, Grading Permit, and/or Storm Permit, the Applicant shall provide a landscaping plan for City review and approval. The landscaping plan shall be prepared by either a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington certified nursery professional program, or a Washington State cer tified landscape technician (as provided in ACC 18.50) and shall include: a. A vegetated berm, at a minimum, consistent with the requirements of ACC 18.50, to achieve dense screening along the full length of the properties street frontage along A Street SE (except existing or authorized pedestrian and vehicle access points). The horizontal footprint of the berm shall not be less than the minimum landscaping requirements under ACC 18.50 and the vertical profile of the berm shall incorporate appropriate undu lations such that the berm has a natural, native appearance instead of one that is uniform and appears artificially created. The selection of plant species shall ensure year around screening and shall incorporate shrubs that provide understory screening below trees as they mature. b. Any fencing that is proposed or installed shall be located beyond the toe of the berm slope, on the interior side of the berm and/or landscaping. If chain link type fencing is proposed, it shall be black coated vinyl-type fencing. c. The landscape screening planted on the berm shall consist primarily of coniferous trees and shrubs with the intent of providing a dense screening of the DI.C Page 45 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 6 site from views by the traveling public on A Street SE. It is acknowledged that the pedestrian and vehicle access point(s) will not be fully screened. Also, acknowledged that dense screening may not be achievable where it is necessary to provide adequate sight distance at vehicle access points, if the sight distance obstruction cannot be avoided by the installation of trees at a larger size than the city minimum size and limbed up. d. The species selection of evergreen and deciduous trees for this landscape screen shall be based on city review and approval of a cross -section of the berm to be shown on the landscape plan. The cross section must show the relationship of the size at planting and the mature tree height and spread to view angles from the street to the site development. The City may require the installation of a proportion of the trees at a larger size than the city minimum, if effective screening will not be provided within five years of planting at the minimum size. e. Landscaping shall be irrigated and shall be maintained in order to accomplish the objective of full visual screening. 2. The signage allowed at the site shall be limited as follows. a. Signage is limited to monument signs at vehicular access points and meeting zoning code standards. Landscaping, hardscaping, water features, arbors, and/or other design features shall be used to complement and accentuate monument sign(s). The design and relationship of the accent features shall be reviewed by the city concurrently with the sign permit. The accent features must not out -of- scale and overwhelm the monument sign(s). b. Lighting for signage shall be limited to up-lighting or down-lighting where light fixtures are fully shielded. Landscaping may be used for shielding of up -lighting. Backlit signage will not be allowed. 3. Depending upon the type of use that is developed on the p roperty, the proposed future development of these 4 parcels could impact the water, sewer, and storm facilities required to serve the parcels. The zoning of the property defines the range of uses that can be permitted which has a resultant effect on the de gree to which development will impact utility systems. The C-1, C-3 and M-1 all allow a variety of different types of land uses. Within each designation there uses that can have minimal or heavy impact on the existing utility system. For example, the M -1 zone allows for both mini storage which relies upon very little water usage or a manufacturing operation that places significant demands on the water system. Likewise, the C-3 zone allows retail which also relies upon very little water usage and restaurants, grocery stores, and hotels which consume larger amounts of water. Overall, it is difficult to evaluate the specific potential impacts to utilities without identifying the specific development proposal. For this rezone proposal the DI.C Page 46 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 7 applicant has indicated their intent to use the property to locate their construction company offices and to store equipment and materials. If the site is developed in this manner it is not likely to have significant impacts on the water, sewer or storm infrastructure, however, the detailed impacts on the utility systems will be fully evaluated as part of the SEPA process for the site specific development proposal. Stormwater facilities would be required to comply with all applicable city storm drainage standards, including quantity and quality control. Appropriate best management practices for the specific manufacturing process would need to be implemented to prevent illicit discharges to the storm drainage system. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry o ut the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. DI.C Page 47 of 154 -------------------------- Ordinance No. 6639 February 21, 2017 Page 8 INTRODUCED: PASSED: APPROVED: Nancy Backus MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid, City Attorney Published: ___________________ DI.C Page 48 of 154 CMP #1 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 3/8/2016 DI.C Page 49 of 154 ASTSEInformation 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: 4837Printed On: 01/05/17 Proposed Zoning Map Admendment (REZ15-0001) 0 40 80 120 160 200 FEETASTSEAuburn City Limits Parcels C1 Light Commercial District C3 Heavy Commercial District M1 Light Industrial District R5 Residential 5 DU/Acre R7 Residential 7 DU/Acre TV Terrace View EXISTING PROPOSED DI.C Page 50 of 154 DI.C Page 51 of 154 DI.C Page 52 of 154 DI.C Page 53 of 154 DI.C Page 54 of 154 DI.C Page 55 of 154 DI.C Page 56 of 154 DI.C Page 57 of 154 DI.C Page 58 of 154 DI.C Page 59 of 154 DI.C Page 60 of 154 DI.C Page 61 of 154 DI.C Page 62 of 154 DI.C Page 63 of 154 DI.C Page 64 of 154 DI.C Page 65 of 154 DI.C Page 66 of 154 DI.C Page 67 of 154 DI.C Page 68 of 154 DI.C Page 69 of 154 DI.C Page 70 of 154 DI.C Page 71 of 154 DI.C Page 72 of 154 DI.C Page 73 of 154 DI.C Page 74 of 154 DI.C Page 75 of 154 DI.C Page 76 of 154 DI.C Page 77 of 154 DI.C Page 78 of 154 DI.C Page 79 of 154 DI.C Page 80 of 154 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6640 - Rezone REZ14-0001 (5 Minutes) Date: February 15, 2017 Department: Community Development & Public Works Attachments: Exhibit 1 Staff Report Exhibit 2 Draft ORD 6640 Exhibit 3 Vacinity Map Exhibit 4 Proposed Zoning Map Exhibit 5 2015 Aerial Photograph Exhibit 6 Determination of Nong-Significance Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6640 approving the Romart Investments LLC Zoning Map Amendment (Rezone) with a condition from the Mitigated Determination of Non-Significance (MDNS) as recommended by the Hearing Examiner. Background Summary: Reviewed by Council Committees: Other: Planning & Legal Councilmember: Staff:Snyder Meeting Date:February 27, 2017 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 81 of 154 AGENDA BILL APPROVAL FORM Page 1 of 11 Agenda Subject Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone), REZ14-0001 Date: February 21, 2017 Department: Comm. Dev. & Public Works Attachments: See Exhibit listing below. Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6640 approving the Romart Investments LLC Zoning Map Amendment (Rezone) with a condition from the Mitigated Determination of Non-Significance (MDNS). APPLICANT/OWNER: Vernon E. Mahrt Romart Investments LLC 3919 Latona Ave NE Seattle, WA 98071 REQUEST: File No. REZ14-0001 Rezoning of one parcel totaling approximately 2.27 acres from “R5, Residential, five dwelling units per acre” to “C1, Light Commercial”. LOCATION: The vacant site is located at northwest corner of the 182nd Avenue East & Lake Tapps Parkway East. The site is located within the NE ¼ of Section 5, Township 20 North, Range 5 East, W.M., Parcel No. 0520051045. 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: Synder Meeting Date: February 27, 2017 Item Number: Exhibit 1 DI.D Page 82 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 2 of 12 LOCATION & PARCEL The property is located on the northwest corner of Lake Tapps Parkway SE and 182nd Ave E within the Pierce County portion of the City of Auburn, Parcel No. 0520051045 EXISTING ZONING “R5, Residential, Five Dwelling Units per Acre”. EXISTING COMPREHENSIVE PLAN DESIGNATION The parcel is designated “Light Commercial” by recent Ordinance No. 6632, adopted December 5, 2016. SEPA STATUS A combined Notice of Application and Adoption of Existing Environmental Document, a Mitigated Determination of Non-Significance (MDNS) (File No. SEP15-0022) of the Pierce County Mitigated Determination of Non- Significance (MDNS) for a conditional use permit (CP33-94) was issued in June, 2008. The MDNS was prepared for the construction of an 18,000 sq ft commercial building and 88 associated parking stalls on a portion of the subject site, located in the General Use Zone classification (Application Number 196781). The City observed a 15-day comment period and received comments from Pierce County Transportation Dept. and from Carolyn Anderson, a neighbor. The comment period ended August 3, 2016 and the appeal period ended August 24, 2106. There were no appeals. The Comprehensive Plan designation, zoning classification and land uses of the site and surrounding properties are as follows: Comprehensive Plan Designation Zoning Classification Current Land Use Project Site Light Commercial R5, Residential (Five (5) dwelling units per acre) Vacant North The BPA utility easement and property beyond is designated “Single Family Residential” R5 Residential (Five (5) dwelling units per acre) Utility transmission corridor (Northwest Pipeline) and vacant land South Neighborhood Commercial Unincorporated Pierce County NC – Neighborhood Center (Located in Unincorporated Pierce County) Vacant East Rural 10 Unincorporated Pierce County R10 – Rural 10 (Located in Unincorporated Pierce County) Gas Station/Strip Commercial West The utility easement and property beyond is designated “Single Family Residential” R5 Residential (Five (5) dwelling units per acre) Vacant DI.D Page 83 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 3 of 12 Vicinity Map ^ NORTH DI.D Page 84 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 4 of 12 A. FINDINGS 1. The related comprehensive plan map amendment, rezone (zoning map amendment) application were accepted on June 6, 2014, prior to the submittal deadline for processing of annual Comprehensive Plan Amendments. The related environmental checklist application was subsequently submitted in 2015. 2. The applications were submitted by V.E. Mahrt (“Bud”) who is identified as Managing Member of Romart Investments LLC, Property Owner and Applicant. 3. The zoning map amendment (rezone) application seeks to change the zoning classification of one parcel totaling approximately 2.27 acres from “R5, Residential, five dwelling units per acre” to “C1 Light Commercial” to accommodate future commercial development of the site (The Site). 4. The parcel is located on the northwest corner of Lake Tapps Parkway SE and 182nd Ave E. 5. The parcel requested for change is irregular in shape, most closely resembling a trapezoid. There is no evidence that the property was previously developed. 6. The east side of the site is bordered by a Pierce County roadway (182nd Avenue East) which is a two-lane north-south roadway with left turn lanes provided at major intersections. To the south, the site is bordered by Lake Tapps Parkway SE, a City of Auburn “Principal Arterial” classified roadway. This street has two lanes in each direction with a center turn lane. The shoulders are usually curb, gutter and sidewalk. The site does not border any other roadway rights-of-way. Directly to the northwest is a public storm pond and Northwest Pipeline underground utility transmission corridor. The utility corridor appears to contain wetlands that extend on to the northern portion of the Site. 7. As indicated by the Applicant in the narrative submitted with the application, rezoning has been requested for the purpose of changing the zoning of the property to allow future development consistent with nearby properties. 8. A combined Notice of Application and Adoption of Existing Environmental Document, a Mitigated Determination of Non-Significance (MDNS) (File No SEP15-0022) adopting the previous Pierce County MDNS was issued in June, 2008. The Pierce County MDNS was prepared for the construction of an 18,000 commercial building and 88 associated parking stalls on a portion of the subject site, located in the General Use Zone classification (Application Number 196781). With issuance of the combined notice, the City observed a 15-day comment period and received comments from Pierce County Transportation and from Carolyn Anderson, a neighbor. The comment period ended August 3, 2016 and the appeal period ended August 24, 2106. There were no appeals. History of Subject Property 9. The property is located within the Pierce County portion of the City of Auburn. It was annexed to the City in 2005 by Ordinance No. 5932. DI.D Page 85 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 5 of 12 10. Prior to the site being annexed into the City of Auburn, a Conditional Use Permit (CP33-94) was processed by Pierce County in order to allow for the future construction of an 18,000 square foot commercial building and 88 parking stalls. The Conditional Use Permit was approved by the City of Auburn in June, 2008. The development would have occupied a portion of the subject site. The Conditional Use Permit expired in 2013. 11. Between 2014 and 2015, the Applicant, Romart Investments LLC, submitted 3 applications to the City: a. An application to amend the Comprehensive Plan map designation of an approximate 2.27-acre parcel from “Single Family Residential” to “Light Commercial” (CPA14-0002). b. A rezone application (File No. REZ14-0001) was submitted to change from R5, Single Family Residential, five dwelling units per acre to C1 Light Commercial. The rezone was needed because commercial development is not allowed in the R5 zoning district. c. An environmental checklist application was submitted to address the change in map designations and development. The development consists of a two-story, 36,000 commercial structure with 8,000 square feet of general office and 8,000 square feet of specialty retail space (File No. SEP15-0022). 12. In response to the application received in 2015, the City issued a Notice of Application and Adoption of Existing Environmental Document (MDNS) (Pierce County Environmental Application Number 196781) on July 19, 2016. The document being adopted, the original MDNS was issued by Pierce County since it predated annexation into the City of Auburn. The MDNS contained one condition necessary in order to reduce or avoid impacts related to a driveway location and conflict with a nearby wetland. Related Comprehensive Plan Amendment and Rezone Processing 13. At its November 9, 2016 public hearing, the Planning Commission reviewed the related Comprehensive Plan map amendment (File No. CPA14-0002, Romart Investments LLC) to change the Comprehensive Plan map designation of the subject property from “Single Family Residential” to “Light Commercial”. The Planning Commission forwarded a recommendation for approval to the City Council. 14. At its November 28, 2016 meeting, the City Council reviewed the Comprehensive Plan amendments and draft Ordinance No. 6632, as recommended by the Planning Commission. On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change in comprehensive plan designation of the subject property to “Light Commercial”. 15. Pursuant to ACC 18.68.030 and ACC 18.68.040, all applications for a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 2.46.130. This Application is consistent with the Comprehensive Plan, as outlined below in the ‘Conclusions’ section, below. DI.D Page 86 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 6 of 12 16. Pursuant to ACC 18.68.040, “(Zoning code amendments) Public hearing notice requirements”. Rezones Initiated by an Applicant Other Than City shall require public notice be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. A Public Hearing Notice was issued and published in the Seattle Times on January 4, 2017; this notice was also mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements. 17. Per ACC 18.23.020, the stated intent of the “C-1 Light Commercial” zoning district is to: “. . . provide for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small- to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians.” 18. As identified in ACC 18.23,020 and -030, the “C-1 Light Commercial” zoning classification allows a range of commercial uses, including professional office, retail, and restaurant. The development standards of the zone are contained in ACC 18.23.040. B. CONCLUSIONS: ACC Chapter 18.68 provides few 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. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capital budget decisions shall be made in conformity with the comprehensive plan. “ On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change in comprehensive plan designation of the subject property from “Single Family Residential” comprehensive plan designation to the “Light Commercial” comprehensive plan designation. The Applications are vested to the Comprehensive Plan in effect prior to the adoption of a substantially revised Comprehensive Plan adopted in December of 2015. The Comprehensive Plan contains policy guidance related to this application. Specifically, Chapter 14, Comprehensive Plan Map, starting at Page 14-9 provides the following purpose and description of the ‘Light Commercial’ Comprehensive Plan designation. The 2015 and earlier Comprehensive Plan to which the application is vested provides DI.D Page 87 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 7 of 12 the following purpose statement of the “Light Commercial” Comprehensive Plan land use 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. (Emphasis added) 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. 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): The requested change would make the zoning classification of the site consistent with its Comprehensive Plan designation. The property is located at the intersection of major streets and separated from adjacent residential zoned property by the utility transmission corridor, storm pond, and wetlands that are surrounded by single family residential uses and designations. The request is not anticipated to adversely affect compatibility with the nearby single family residential area. Applicable policies from the City’s Comprehensive plan that are adopted and designated as a basis for the exercise of substantive authority under SEPA to approve, condition or deny proposed action are noted as follows: DI.D Page 88 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 8 of 12 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. 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. DI.D Page 89 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 9 of 12 LU-59 The City shall review its standards relating to the number, size and location of driveways to ensure consistency with goals and policies relating to arterial commercial development. 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. LU-61 Moderate density multiple family residential development shall be used to buffer general (heavy) commercial arterial development from single family development. Extensive screening and landscaping shall be used to buffer general commercial uses from multiple family uses. However, the placement of walls and fences and site designs which prevent easy access by bicyclists and pedestrians should be avoided. LU-62 Arterials experiencing strong pressure for commercial development, but not yet committed to commercial uses, shall be designated for mixed use commercial and high density multi-family uses. Development regulations should encourage the development of professional office and similar uses and multiple family housing, with development and design standards carefully drawn to ensure preservation of a quality living environment in adjacent neighborhoods. LU-63 Residential arterials having good potential for long term maintenance of a quality living environment should be protected from the intrusion of commercial uses. In some instances, these may be appropriate locations for churches and other religious institutions, or moderate density multiple family uses. LU-64 Newly developed arterials shall incorporate design features, and development of adjacent land shall be managed such that creation of new commercial strips is avoided. Land division regulations shall result in single family residences being oriented away from the arterial, with access provided by a non-arterial street. LU-65 Along the Auburn Way South Corridor, employment and population growth should be limited to north of the R Street SE overpass. LU-66 The City should develop design standards and guidelines for development along arterials to improve their visual appearance. While the property that is the subject of this request is not specifically identified as a location targeted for commercial development by the language of the policies and objectives, it is located at the intersection of major streets and separated from adjacent residential zoned property by the utility transmission corridor, storm pond and wetlands. Consistent with this discussion in the Comprehensive Plan, the subject property is adjacent to a highly visible transportation corridor that forms a visual identity for the city. The property is sufficiently separated from single family residential uses and not likely to contribute to undesirable strip commercial. Future driveway access to the Pierce County roadway of 182nd Avenue East will require careful coordination with Pierce County Transportation, as the jurisdiction that owns the road. The coordination will occur during construction authorizations. Concern about sufficient driveway separation from the intersection for safety was previously identified by Pierce County in their SEPA decision (Mitigated Determination of Non-Significance). DI.D Page 90 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 10 of 12 2. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense or larger zone than requested. Staff Analysis: The requested rezone change is from “R5, Residential” to “C-1 Light Commercial” zone. The staff recommendation for change is the same as the Applicant’s proposal. 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. 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 2016 and approved by the City Council Ordinance No. 6632. The proposed rezone would adjust the zoning of the property to correspond and be consistent with the comprehensive plan designation. Showing of 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 to “C-1 Light Commercial” will align the zoning district to the comprehensive plan designation. As noted above, Chapter 3, Land Use, and Chapter 14, The Comprehensive Plan Map’, the Comprehensive Plan document provides various policies to meet community and growth management goals. The zoning change and subsequent commercial development will benefit the community and general welfare. C. HEARING EXAMINER RECOMMENDATION After conducting a properly advertised public hearing, the Hearing Examiner issued a written recommendation of approval on February 1, 2017 with the following condition identified 1. Move the driveway location as far north as practical to maximize the separation from the 9th Street intersection. Ideally, this location would be about 350 feet north of the intersection, such that it was located directly opposite the existing commercial approach on the east side of 182nd Ave East. This location provides the best alternative for safe and efficient site access. It is recognized this driveway location may have impacts to the wetland and or wetland buffer. If these impacts cannot be mitigated to the satisfaction of the jurisdiction, such DI.D Page 91 of 154 Agenda Subject: Ordinance No. 6640, Romart Investments LLC Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 11 of 12 that the driveway cannot be moved to the suggested location of 350 feet north of the intersection, then a driveway will be conditioned with the following requirements:  The County engineer shall reserve the right to restrict the driveway approach to allow only right-in/right-out movements, such that left turn movements will be prohibited. This may be enforced through signage and or the installation of traffic curbing at the discretion of the County Engineer. (It is anticipated the driveway will initially operate with full turning movement provisions; however, as congestion and or safety issues arise, the turn restrictions may be imposed).  In order to accommodate the potential for the future turn restrictions, as well as to improve the safety of the driveway, the project shall provide roadway illumination along 182nd Ave East, extending from luminaries located at the signalized intersection to approximately 350 feet north of the intersection. This illumination shall be designed in accordance with requirements of the County Engineer to be provided at the time of the illumination system design. D. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6640 Exhibit 3 Vicinity Map Exhibit 4 Zoning map showing the current and proposed zoning of the Property Exhibit 5 2015 Aerial Photograph Exhibit 6 Determination of Non-Significance (File No. SEP15-0022) July 19, 2016 DI.D Page 92 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 1 ORDINANCE NO. 6640 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF ROMART INVESTMENTS, LLC FOR REZONING OF ONE PARCEL TOTALING APPROXIMATELY 2.27 ACRES LOCATED AT THE NORTHWEST CORNER OF 182ND AVE E AND LAKE TAPPS PARKW AY E FROM R5, RESIDENTIAL TO C1, LIGHT COMMERCIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY’S ZONING MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, Vernon E. Mahrt, Managing Member for Romart Investments LLC, the Applicant, submitted a rezone application on behalf of the Romart Investments LLC (File DI.D Page 93 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 2 #REZ14-0001) for the Romart Investments LLC rezone on June 5 , 2014, for one parcel identified by Pierce County, Washington, tax parcel number 0520051045; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City’s official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed Romart Investments, LLC Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Romart Investments, LLC Rezone; and WHEREAS, on, February 27, 2017, the Auburn City Council at a study session reviewed the proposed Romart Investments, LLC Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on, March 6, 2017, the Auburn City Council considered the proposed Romart Investments, LLC Rezone; as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: DI.D Page 94 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 3 Section 1. The City Council (“Council”) adopts and approves the Romart Investments, LLC Rezone to change one parcel totaling approximately 2.27 acres located at the northwest corner of the intersection of 182nd Avenue East and Lake Tapps Parkway from “R5, Residential”, to “C1, Light Commercial” and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner’s recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Vernon Mahrt of Romart Investments, LLC. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 2.27 acres from R5 to C1. The site is composed of one parcel. The site is located at the northwest intersection of 182nd Ave East and Lake Tapps Parkway E. The underlying comprehensive plan land use map designation was amended to “Light Commercial” by ordinance adopted on December 5, 2016. DI.D Page 95 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 4 The project site is undeveloped. The purpose of the rezone is to develop the site with a commercial use similar to what is in the surrounding area. The site is heavily vegetated, with a known wetland located near the northwest property lines . 4. Characteristics of the Area. The rezone area is surrounded by land zoned residential to the north, south, and west. The area across the street to the east is located in Unincorporated Pierce County and is developed with a gas station and commercial strip. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. A Mitigated Determination of Environmental Non-Significance (MDNS) was issued as part of the project in order to mitigate any impacts that may have resulted from the project. Specifically, requirements to move the proposed driveway locations as far north as practical from the intersection while minimizing impacts to nearby wetlands were noted. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is “Light Commercial”. 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone mus t establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann- Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from R5 to C1 clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, DI.D Page 96 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 5 as the comprehensive plan land use map designation for the property is currently “Light Commercial”. The only remaining issue is whether any conditions should be placed on the rezone. As previously noted, mitigation measures were placed on the rezone through the SEPA process. Given that the mitigation measures are minor and will ensure that there are no impacts to a nearby wetland and will ensure increas ed traffic safety, the mitigation measures were recommended as conditions of approval by the Hearing Examiner. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while at the same time allowing for additional commercial options to Auburn residents. DECISION The Hearing Examiner recommends approval of REZ14-0001 with the following one condition: 1. Move the driveway location as far north as practical to maximize the separation from the 9th Street intersection. Ideally, this location would be about 350 feet north of the intersection, such that it was located directly opposite the existing commercial approach on the east side of 182nd Ave East. This location provides the best alternative for safe and efficient site access. It is recognized this driveway location may have impacts to the wetland and or wetland buffer. If these impacts cannot be mitigated to the satisfaction of the jurisdiction, such that the driveway cannot be moved to the suggested location of 350 feet north of the intersection, then a driveway will be conditioned with the following requirements: • The County engineer shall reserve the right to restrict the driveway approach to allow only right-in/right-out movements, such that left turn movements will be prohibited. This may be enforced through signage and or the installation of traffic curbing at the discretion of the County Engineer. (It is anticipated the driveway will initially operate with full turning movement provisions; however, as congestion and or safety issues arise, the turn restrictions may be imposed). • In order to accommodate the potential for the future turn restrictions, as well as to improve the safety of the driveway, the project shall provide roadway illumination along 182nd Ave East, extending from luminaries located at the signalized intersection to approximately 350 feet north of the intersection. This DI.D Page 97 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 6 illumination shall be designed in accordance with requirements of the County Engineer to be provided at the time of the illumination system design. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from a nd after its passage, approval, and publication as provided by law. DI.D Page 98 of 154 -------------------------- Ordinance No. 6640 February 21, 2017 Page 7 INTRODUCED: PASSED: APPROVED: Nancy Backus MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid, City Attorney Published: ___________________ DI.D Page 99 of 154 1,504.7 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,504.7 Notes CPA14-0002, Romart Inv. LLC 2015 Aerial Photograph Parcel No. 0520101045 Legend 752.30 1:9,028 eGIS Planning 1in =752 ft 10/23/2016Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 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. Auburn City Limits Parcels Street Centerlines DI.D Page 100 of 154 LA KE TAPPS PKWY SE 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: 4835Printed On: 08/20/13 Proposed Zoning Map Admendment (REZ14-0001) 0 40 80 120 160 200 FEET LAK E TAPPS PK WY SE 182NDAVEE9TH ST E Auburn City Limits Parcels C-1 LIGHT COMMERCIAL LAKELAND HILLS SOUTH PUD R-5 EXISTING PROPOSED DI.D Page 101 of 154 752.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet752.3 Notes CPA14-0002, Romart Inv. LLC 2015 Aerial Photograph Legend 376.20 1:4,514 eGIS Planning 1in =376 ft 10/23/2016Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 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. Auburn City Limits Parcels Street Centerlines DI.D Page 102 of 154 DI.D Page 103 of 154 DI.D Page 104 of 154 DI.D Page 105 of 154 DI.D Page 106 of 154 DI.D Page 107 of 154 DI.D Page 108 of 154 DI.D Page 109 of 154 DI.D Page 110 of 154 DI.D Page 111 of 154 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6641 - Rezone REZ16-0002 (5 Minutes) Date: February 15, 2017 Department: Community Development & Public Works Attachments: Exhibit 1 Staff Report Exhibit 2 Draft ORD 6641 Exhibit 3 Vacinity Map Aerial Photo Exhibit 4 Proposed Rezone Map Exhibit 5 SEPA Determination Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No 6641 approving the GSA Zoning Map Amendment (Rezone) without conditions. Background Summary: Reviewed by Council Committees: Other: Planning & Legal Councilmember: Staff:Snyder Meeting Date:February 27, 2017 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 112 of 154 AGENDA BILL APPROVAL FORM Exhibit 1 Agenda Subject Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Department: Comm. Dev. & Public Works Attachments: See listing below. Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Ordinance No 6641 approving the GSA Zoning Map Amendment (Rezone) without conditions. APPLICANT: City of Auburn Community Development & Public Works (CDPW) 25 West Main Street Auburn, WA 98001 OWNER: Parcel No: 2421049004 United States General Services Administration (GSA) 1303 C ST SW Auburn, WA 98001 Parcel Nos: 2521049114 & 2521049115 City of Auburn 25 West Main St Auburn, WA 98001 REQUEST: File No. REZ16-0002 Rezoning of three parcels totaling approximately 137.38 acres from “M1 Light Industrial” and “M2 Heavy Industrial” to “C3 Heavy Commercial”. LOCATION: The site is located along, and directly to the east of C ST SW and directly to the south of 15th ST SW. The GSA site has a King County parcel number of 2421049004. The two City of Auburn sites have King County parcel numbers of 2521049114 and 2521049115. The site is within the southeast ¼ of Section 24, T21N, R4E, WM and the northeast ¼ of Section 25, T21N, R4E. 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: Snyder Meeting Date: February 27, 2017 Item Number: Exhibit 1 DI.E Page 113 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 2 of 12 LOCATION & PARCEL: The property is located directly to the east of C ST SW and directly to the south of 15th ST SW , Parcel Nos. 2421049004, 2521049114, and 2521049115. EXISTING ZONING: Parcel Nos. 2421049004 & 2521049114 are zoned “M1 Light Industrial”. Parcel No. 2521049115 is zoned “M2 Heavy Industrial”. EXISTING COMPREHENSIVE PLAN DESIGNATION: The site was designated as “Heavy Commercial“ by recent Ordinance No. 6632, adopted December 5, 2016. SEPA STATUS: The City conducted the environmental review under the State Environmental Policy Act (SEPA) for City’s Map Amendment (CPM #4). This resulted in a Determination of Non- Significance (DNS) issued for the City-initiated Comprehensive Plan Map Amendment on October 3, 2016 (City File # SEP16- 0018). The comment period ended October 18, 2016 and the appeal period ended November 1, 2016. The City received no comments or appeals. The Comprehensive Plan designation, zoning classification and land uses of the site and surrounding properties are as follows: Comprehensive Plan Designation Zoning Classification Current Land Use Parcel No. 2421049004 Heavy Commercial M1, Light Industrial Government offices, warehouses, & daycare Parcel Nos. 2521049114 & 2521049115 Heavy Commercial M1, Light Industrial M2, Heavy Industrial Satellite fire station & private access road North Institutional and Heavy Industrial P1, Public and M2, Heavy Industrial Municipal Park & School District Bus Center South Heavy Industrial M2, Heavy Industrial Airplane Manufacturing Plant and Grocery Store Distribution Center East Light Industrial (Rail Yard Special Planning Area) M1, Light Industrial Across C ST SW, Railroad yard West Heavy Industrial M2, Heavy Industrial Airplane Manufacturing Plant DI.E Page 114 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 3 of 12 Vicinity Map ^ NORTH DI.E Page 115 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 4 of 12 A. FINDINGS 1. The related Comprehensive Plan map amendment for the properties, and the rezone (zoning map amendment) were initiated by the City of Auburn prior to the application deadline for the annual Comprehensive Plan amendments for 2016. 2. The applications were submitted by the City of Auburn, Community Development and Public Works Department. The staff contact is Jeff Dixon, Planning Services Manager. 3. The zoning map amendment (rezone) application seeks to change the zoning classification of three parcels totaling approximately 137.38 acres from “M1, Light Industrial” and “M2, Heavy Industrial” to “C3, Heavy Commercial”. 4. The site of the proposed action (Site) consists of three parcels; Parcel No. 2421049004 (GSA) is owned by the United States government. Parcel Nos. 2521049114 & 2521049115 are owned by the City of Auburn, the applicant. 5. The Site requested for change is generally rectangular in shape, with the southerly portion being irregular in shape. 6. The GSA portion of the Site contains a mix of uses, including government offices, warehouses, and daycare. The City of Auburn portion of the Site contains a satellite fire station and a private access road leading from the public street (C ST SW) to the fire station. 7. The east side of the Site is bordered by C Street Southwest, which is a two to four-lane north-south roadway and classified by the City of Auburn as a “Minor Arterial”. C Street Southwest contains curb and gutter, with sidewalk located along the west side of the street. The north side of the Site is bounded by 15th Street Southwest, which is a four-lane east- west roadway and classified by the City of Auburn as a “Principal Arterial”. 15th Street Southwest contains curb, gutter, and sidewalk on both sides of the street. There are no public right-of-ways to the south and west of the Site. 8. The purpose of the rezone is in anticipation of the US Government, General Services Administration’s (GSA’s) intent to reconfigure their current facility, which is anticipated to result in a reduced need for land and the possible sale of a portion of the Site. The City is proposing the change in zoning; GSA and/or the U.S. Government is not proposing the change. The City is proposing the change in anticipation of the U.S. Government disposing of land so that the City can promote redevelopment that generates sales tax revenues, family wage jobs, and promote economic development. The range of uses allowed in the “C3 Heavy Commercial Zone” are better suited to accomplish these goals than the current zoning designations. Because land use designation changes of the Comprehensive Plan are limited under State and City laws to once per year, staff is seeking the change now because Comprehensive Plan Amendments changing the sites land use designations was recently adopted and the annual amendment process does not allow us the City to respond quickly in the event that U.S. Government initiates the disposal process. The U.S. Government has not provided the City with a long term development or redevelopment plan. The GSA has indicated that to maintain their mission of service delivery for the region, they plan to continue at their current location at this time. GSA has also indicated its land use needs will likely change, resulting in a reduction of land/space. DI.E Page 116 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 5 of 12 Staff has notified the U.S. Government and specifically, the Project Management Branch of GSA, of its intentions to a zoning designation change. The U.S. Government has not indicated that they have objection or concern over the change so long as the underlying designation can also serve their long-term needs in the event that it is determined that they are obligated to comply with local land use regulations. The U.S. Government has indicated that they are supportive of local efforts that promote economic development and that create jobs and that they would like to be viewed as a partner in accomplishing these objective. 9. The City conducted the environmental review under the State Environmental Policy Act (SEPA) for City’s Map Amendment (CPM #4). This resulted in a Determination of Non- Significance (DNS) issued for the City-initiated Comprehensive Plan Map Amendment on October 3, 2016 (City File # SEP16-0018). The comment period ended October 18, 2016 and the appeal period ended November 1, 2016. The City received no comments or appeals. History of Subject Property 10. The property is located within the King County portion of the City of Auburn. It was annexed to the City in 1958 by Ordinance No. 1226. 11. Historically, the comprehensive plan designation of the properties was “Heavy Industrial” as changed in 1987. Subsequently, the GSA property was changed to “Light Industrial”. The two City properties were changed to “Institutional” by the map adopted with the substantially revised Comprehensive Plan (including map amendments) in response to periodic updates required by the Growth Management Act (GMA) by Ordinance No. 6584 on December 14, 2015. 12. During 2015, the Applicant, the City of Auburn, submitted three related applications as follows: a. Application for a Comprehensive Plan amendment to change the Site’s land use designation established in the Comprehensive Plan from “Institutional” and “Light Industrial” to “Heavy Commercial”. b. Environmental Checklist (SEPA) Application for the proposed Comprehensive Plan amendment and associated rezone. c. Application for a rezone to change the zoning designations of the Site from “M1 Light Industrial” and “M2 Heavy Industrial” to “C3 Heavy Commercial”. Relationship of Comprehensive Plan Amendment and Rezone Processing 13. At its November 9, 2016 public hearing, the Planning Commission reviewed the related Comprehensive Plan map amendment (File No. CPA16-0002, City of Auburn) to change the Comprehensive Plan map designation of the Site from “Institutional” and “Light Industrial” to “Heavy Commercial”. The Planning Commission forwarded a recommendation for approval to the City Council. 14. At its November 28, 2016 meeting, the City Council reviewed the Comprehensive Plan amendments and draft Ordinance No. 6632, as recommended by the Planning Commission. DI.E Page 117 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 6 of 12 On December 5, 2016 the City council approved Ordinance No. 6632 approving the change in comprehensive plan designation of the Site to “Heavy Commercial”. 15. Pursuant to ACC 18.68.030 and ACC 18.68.040, all applications for a rezone shall be reviewed by the Planning Director prior to the scheduling of a public hearing. After review of the application, the Director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan, then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to ACC 2.46.130. This Application is consistent with the Comprehensive Plan, as outlined below in the ‘Conclusions’ section, below. 16. Pursuant to ACC 18.68.040, “(Zoning code amendments) Public hearing notice requirements”. Rezones Initiated by an Applicant Other Than City shall require public not ice be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. A Public Hearing Notice was issued and published in the Seattle Times on January 5, 2017; this notice was mailed to the property owners within 300 feet of the subject Site, and posted on the subject property meeting the notification requirements. 17. Per ACC 18.23.020, the stated intent of the “C-3 Heavy Commercial” zoning district is to: “. . . allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this classification have potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications.” 18. As identified in ACC 18.23,020 and -030, the “C-3 Heavy Commercial” zoning classification allows a range of commercial uses. The development standards of the zone are contained in ACC 18.23.040. B. CONCLUSIONS: ACC Chapter 18.68 provides few 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. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the DI.E Page 118 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 7 of 12 Comprehensive Plan. Capital budget decisions shall be made in conformity with the Comprehensive Plan.” On December 5, 2016 the City Council approved Ordinance No. 6632 approving the change in comprehensive plan designation from “Institutional” and “Light Industrial” comprehensive plan designations to the “Heavy Commercial” comprehensive plan designation as part of “annual amendments”. . The 2015 Comprehensive Plan contains policy guidance related to this application. Specifically, the Land Use Element at Page 14, provides the following description and policies of the ‘Heavy Commercial’ Comprehensive Plan designation: “Heavy Commercial” “Description - This category is intended to accommodate uses that would also accommodate a wide range of heavier commercial uses involving extensive storage or vehicular movement.” “Designation Criteria 1. Previously developed heavy commercial areas; or 2. Located along major arterial streets; 3. Properties that are buffered from the Single Family designation by landscaping, environmental features, or the Residential Transition designation and buffered from all other Residential designations; and 4. Meets the development parameters of the Heavy Commercial designation. Implementing Zoning Designations” “Heavy Commercial: All Heavy Commercial designated land not located within the Northeast Auburn Special Planning Area or located within the Northeast Auburn Special Planning Area, but incapable of meeting the C-MU zoning requirements.” “Policies Policy LU-69. A wide variety of commercial services oriented are appropriate within this category. This includes, but is not limited to regional scale retail and entertainment uses, commercial uses with outdoor sales areas, drive-in restaurant or other drive in commercial businesses, and commercial services with outdoor storage as an accessory use.” “Policy LU-70. Parking lots must be located and designed in a manner that softens their appearance from adjacent public roads. This is accomplished through landscaping, pedestrian spaces, and the location of buildings on the property. Where practicable, low impact development techniques and landscaping should be used to promote on site stormwater infiltration and shading of hard surfaces. Minimum and maximum parking ratios must be established for each type of permitted use.” “Policy LU-71. Development incentives should be established that encourage the creation of electric car charging stations, use of sustainable building and/or operational practices, development of non-motorized infrastructure, and proximity and connection to public transit.” DI.E Page 119 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 8 of 12 Also, the City’s Economic Development Element of the Comprehensive Plan, at Page 4 contains relevant goals and policies, as follows: “GOAL 17. ECONOMIC DEVELOPMENT “To ensure the long-term economic health of the City and the region through a diversified economic base that supports a wide range of employment opportunities for Auburn's residents and those of the region and through the promotion of quality industrial and commercial development which matches the aspirations of the community. “Objective 9.1. Promote a diversified economic base capable of withstanding changes in interest rates, inflation, tax structure and market conditions.” “ED-1 City promotion of new industry shall be directed at attracting business that diversifies the City’s tax base, offers secure, quality employment opportunities, is sensitive to community values and promotes the development of attractive facilities.” “Objective 9.2. Produce commercial and industrial siting policies which are based on the assessment of local needs and the availability of transportation and other infrastructure required to serve it.” “ED-4 Development of industrial areas should be based on performance standards appropriate for the site and with appropriate flexibility within those standards to accommodate changing market conditions.” “ED-5 Revitalize depreciated and/or obsolete commercial and industrial sites through innovative regulations that redesign the site in accordance with modern design standards and industrial/commercial uses.” “ED-6 Uses which serve regional needs and purposes (such as major industrial plants) must be separated from community serving uses in order to minimize traffic and other conflicts.” “Objective 9.3. Develop effective land use polices and economic development strategies that provide long-term and stable employment, increase per capita income and reduce the tax burden of Auburn residents.” “ED-15 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 in 2008, no substantive contribution to an increase in per capita income for Auburn residents, no reduction in the tax burden of Auburn residents, low employment densities, lower property values and land use inefficiencies.” “ED-16 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 promote and incentivize new manufacturing and light industrial uses and the gradual conversion of existing warehouse and distribution land uses to manufacturing and industrial land uses.” DI.E Page 120 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 9 of 12 “ED-17 To support continued sales tax revenue growth opportunities in the City, those areas currently dominated by existing and warehouse land uses that abut existing commercial retail areas and could take advantage of this proximity to realize substantive value by changing to commercial retail uses should be considered for changes in comprehensive plan and zoning designations that would facilitate the conversion of these properties to commercial retail land uses.” “ED-19 Support workforce development programs to help all Auburn residents find stable, well-paying employment in a wide range of industries.” “Objective 9.5 Utilize the City’s unique environmental opportunities and planned infrastructure to build on and support economic development efforts.” The change is consistent with the description statement since it diversifies the range of uses that can be allowed on the Site. The range of uses allowed in the Heavy Commercial zone are characterized by a greater variety of commercial businesses including retail and service. The Site is served by existing arterial streets and separated from residential uses by the rail yard. 2. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense or larger zone than requested. Staff Analysis: The requested rezone change is from “M-1 Light Industrial” and “M-2 Heavy Industrial” to “C-3 Heavy Commercial” zone. The staff recommendation for change is the same as what was originally applied for. 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. Staff Analysis: The rezone proposal implements the Comprehensive Plan land use designation for the subject Site. As mentioned under the Findings of Fact, a comprehensive plan map amendment changing the Comprehensive Plan designation of the Site to “Heavy Commercial” was processed at the end of 2016 and approved by the City Council, Ordinance No. 6632. The proposed rezone would adjust the zoning of the Site to correspond and be consistent with the Comprehensive Plan designation. Showing of 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. DI.E Page 121 of 154 Agenda Subject: Ordinance No. 6641, GSA Zoning Map Amendment (Rezone) Date: February 21, 2017 Page 10 of 12 Staff Analysis: Rezoning the subject Site to “C-3 Heavy Commercial” will align the zoning district to the comprehensive plan designation. As noted above, the Comprehensive Plan document provides various policies to meet community and growth management goals. The zoning change and subsequent redevelopment will benefit the community and general welfare. C. HEARING EXAMINER RECOMMENDATION After conducting a properly advertised public hearing, The Hearing Examiner issued a written recommendation of approval on February 1, 2017 without conditions. D. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Ordinance No. 6641 Exhibit 3 Vicinity Map / 2015 Aerial Photograph Exhibit 4 Zoning map showing the current and proposed zoning Exhibit 5 Determination of Non-Significance (File No. SEP16-0018), dated April 18, 2016 DI.E Page 122 of 154 -------------------------- Ordinance No. 6641 February 21, 2017 Page 1 ORDINANCE NO. 6641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF CITY OF AUBURN, COMMUNITY DEVELOPMENT AND PUBLIC WORKS FOR REZONING OF THREE PARCELS TOTALING APPROXIMATELY 137.38 ACRES LOCATED WEST OF C STREET SOUTHWEST FROM M1, LIGHT INDUSTRIAL AND M2, HEAVY INDUSTRIAL TO C3, HEAVY COMMERCIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY’S ZONING MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, the City of Auburn, Community Development a nd Public Works Department, the Applicant, submitted a rezone application (File No. REZ16-0002) for the DI.E Page 123 of 154 -------------------------- Ordinance No. 6641 February 21, 2017 Page 2 GSA rezone in June 2016, for three parcels identified by King County, Washington, tax parcel numbers 2421049004, 2521049114 and 2521049115; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City’s official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed GSA Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed GSA Rezone; and WHEREAS, on, February 21, 2017, the Auburn City Council, at a study session reviewed the proposed GSA Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on March 6, 2017, the Auburn City Council considered the proposed GSA Rezone; as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council (“Council”) adopts and approves the GSA Rezone to change three parcels totaling approximately 137.38 acres located west of C Street Southwest from “M1, Light Industrial”, and “M2, Heavy Industrial”, to “C3, Heavy Commercial” and directs that the rezone application and all related documents be filed DI.E Page 124 of 154 -------------------------- Ordinance No. 6641 February 21, 2017 Page 3 along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner’s recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is the City of Auburn, Community Development and Public Works Department. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 137.38 acres from M1 and M2 to C3. The site is composed of three parcels. Two parcels in the area are currently zoned M1 and one parcel is zoned M2. All three parcels are located on the west side of C Street Southwest, directly to the south of 15 th Street Southwest. The primary address of the project site is 1303 C Street Southwest, Auburn WA. The underlying comprehensive plan land use map designation was amended to “Heavy Commercial” by ordinance adopted on December 5, 2016. The largest and primary parcel is developed with a mix of government offices, warehouses, and daycares owned and operated by the United States Federal Government, General Services Administration. The two smaller parcels are both owned by the City of Auburn and are developed with a satellite fire station and an access road served by C Street Southwest. The purpose of the rezone is to allow for commercial DI.E Page 125 of 154 -------------------------- Ordinance No. 6641 February 21, 2017 Page 4 redevelopment of the site in anticipation of GSA reducing their need for the facility and land. 4. Characteristics of the Area. The rezone area is surrounded by land zoned and developed with a mix of commercial and industrial uses. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. While the size of the property is large, the zoning designation will be modified to the C3 commercial zoning designation that typically has less development impacts than the sites current M1 and M2 Industrial zoning designations. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is “Heavy Commercial”. 3. Case Law Review Criteria and Application. Once it is concluded that a rezone is necessary for consistency with a Comprehensive Plan Land Use Map designation, approval of the rezone is essentially legally mandated except in extraordinary circumstances such as perhaps gross inconsistencies with other parts of the Comprehensive Plan. None of those circumstances are present here. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the Comprehensive Plan, as the Comprehensive Plan Land Use Map designation for the property is Heavy Commercial DI.E Page 126 of 154 -------------------------- Ordinance No. 6641 February 21, 2017 Page 5 and the current M1 and M2 zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone is mandated by RCW 36.70A.120 and ACC 14.22.050, which requires the City’s zoning regulations to be consistent with its Comprehensive Plan. The Heavy Commercial zoning district is the only zone that implements the Heavy Commercial Comprehensive Plan Land Use Map designation, so no other implementing zone is available for the subject property. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while providing for economic development in the City of Auburn. DECISION The Hearing Examiner recommends approval of REZ16-0002. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. DI.E Page 127 of 154 -------------------------- Ordinance No. 6641 February 21, 2017 Page 6 INTRODUCED: PASSED: APPROVED: Nancy Backus MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid, City Attorney Published: ___________________ DI.E Page 128 of 154 3,009.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet3,009.3 Notes CPA16-0002 City-Initiated 2015 Aerial Photograph 242104-9004, -9114 & -9115 Legend 1,504.70 1:18,056 eGIS Planning 1in =1,505 ft 10/23/2016Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 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. Auburn City Limits Parcels DI.E Page 129 of 154 F ST SEC ST SE17TH ST SE 14TH ST SE GPLSEB ST SED ST SE26TH ST SE H ST SEELM LN SE 21ST ST SE 23RD ST SE 24TH ST SE C PL SE 17TH CT SE HSTSEJ CTSEESTSE31ST LN S E 26TH ST SEF CT SE19TH ST SE 27TH ST SE 16TH ST SE K ST SEH ST SEG ST SEH ST SEDPLSED ST SEB ST SE31ST ST SE 23RD PL SE15TH ST SE 24TH ST SE 18TH ST SE 20TH ST SE 19TH ST SE 13TH ST SE 14TH ST SE 24TH ST SE CEDAR DR SE 22ND ST SE 27TH ST SE 25TH ST SE 28TH ST SE 27TH ST SE 28TH ST SE BIRCH LN SE28TH ST SE DOGWOOD LN SEJ ST SEF ST SEG ST SEH ST SE23RD ST SE SKYLARKVILL A G E RD SEEAST BLVDPACIFICAVESCPLSEGSTSED ST SED ST SE26TH PL SEK ST SELSTSEH ST SEC ST SEC S T S ELSTSED ST SE21 ST PLSEC ST SEI ST SEH ST SEASPEN LN SEPERIMETER RD SWBOUNDARY BLVD SW ASTSE15TH ST SW A UBU R N W AY S C ST SWINDUSTRYDRSW29TH ST SEO ST SWInformation 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: 4838Printed On: 08/20/13 Proposed Rezone Map (REZ16-0002) 0 260 520 780 1,040 1,300 FEETF ST SEC ST SE17TH ST SE GPLSE14TH ST SE B ST SED ST SE26TH ST SE H ST SEELM LN SE 21ST ST SE 23RD ST SE 24TH ST SE C PL SE 17TH CT SE HSTSEJ CTSEESTSE31ST LN S EF CT SE19TH ST SE 16TH ST SE K ST SEH ST SEG ST SED ST SEH ST SEDPLSEB ST SE31ST ST SE 18TH ST SE 19TH ST SE 20TH ST SE 23RD PL SE25TH ST SE 15TH ST SE 24TH ST SE 13TH ST SE 14TH ST SE 24TH ST SE CEDAR DR SE 22ND ST SE 27TH ST SE 28TH ST SE 27TH ST SE 28TH ST SE BIRCH LN SE28TH ST SE DOGWOOD LN SEJ ST SESKYLARK VILLAG E RD SEF ST SEG ST SEH ST SE23RD ST SE EAST BLVDPACIFICAVESCPLSEGSTSED ST SED ST SE26TH PL SEK ST SELSTSEH ST SEC ST SEC S T S ED ST SEC ST SE21ST PLSEI ST SEH ST SEASPEN LN SEPERIMETER RD SWASTSEA U B U R N W AY S 29TH ST SEC ST SWBOUNDARY BLVD SW 15TH ST SW INDUSTRYDRSWO ST SWAuburn City Limits Parcels C1 Light Commercial District C3 Heavy Commercial District I Institutional Use District M1 Light Industrial District M2 Heavy Industrial 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 RMHC Residential Manufactured/Mobile Home Units EXISTING PROPOSED DI.E Page 130 of 154 DI.E Page 131 of 154 DI.E Page 132 of 154 DI.E Page 133 of 154 DI.E Page 134 of 154 DI.E Page 135 of 154 DI.E Page 136 of 154 DI.E Page 137 of 154 DI.E Page 138 of 154 DI.E Page 139 of 154 DI.E Page 140 of 154 DI.E Page 141 of 154 DI.E Page 142 of 154 DI.E Page 143 of 154 DI.E Page 144 of 154 DI.E Page 145 of 154 DI.E Page 146 of 154 DI.E Page 147 of 154 DI.E Page 148 of 154 DI.E Page 149 of 154 DI.E Page 150 of 154 DI.E Page 151 of 154 DI.E Page 152 of 154 DI.E Page 153 of 154 DI.E Page 154 of 154