HomeMy WebLinkAbout03-06-2017 CITY COUNCIL AGENDACity Council Meeting
March 6, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. AmeriCorps Week Proclamation
Mayor Backus to proclaim March 4-11, 2017 as "AmeriCorps Week" in the city of
Auburn.
III. APPOINTMENTS
A. Junior City Council Appointments
City Council to confirm the following appointments to the Junior City Council for
a two-year term to expire August 31, 2019:
Phoebe Galito
Eunice Ugaddan
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing 2017 Stormwater Management Program Plan* (Snyder)
City Council to conduct a public hearing to accept comments on the draft
2017 Stormwater Management Program Plan.
2. Public Hearing on 2017-2022 Transportation Improvement Program
Modification (Snyder)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed modification to the 2017-2022
Transportation Improvement Program (TIP).
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
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Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the February 13, 2017 Special City Council Meeting*
B. Minutes of the February 21, 2017 Regular City Council Meeting*
C. Claims Vouchers (Coleman)
Claims voucher numbers 442825 through 442955 in the amount of $548,724.26
and six wire transfers in the amount of $600,522.38 and dated March 6, 2017.
D. Payroll Vouchers (Coleman)
Payroll check numbers 537126 through 537155 in the amount of $773,527.54
and electronic deposit transmissions in the amount of $1,468,727.11 for a grand
total of $2,242,254.65 for the period covering February 16, 2017 to March 1,
2017.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6639* (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
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6639.)
B. Ordinance No. 6640* (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
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(RECOMMENDED ACTION: City Council adopt Ordinance No. 6640.)
C. Ordinance No. 6641* (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
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6641.)
XI. RESOLUTIONS
A. Resolution No. 5272* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, amending
the 2017-2022 Six-Year Transportation Improvement Program of the City of
Auburn pursuant to Chapter 35.77 of the Revised Code of Washington
(RECOMMENDED ACTION: City Council adopt Resolution No. 5272.)
B. Resolution No. 5288* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, approving a
Memorandum of Understanding with the Auburn Transportation Benefit District
regarding a 0.2 Percent Sales and Use Tax
(RECOMMENDED ACTION: City Council adopt Resolution No. 5288.)
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. 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.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing 2017 Stormwater Management Program
Plan
Date:
February 28, 2017
Department:
CD & PW
Attachments:
Draft 2017 Stormwater Management Program
Plan
Budget Impact:
$0
Administrative Recommendation:
City Council hold a public hearing to accept comments on the draft 2017 Stormwater
Management Program Plan.
Background Summary:
A public hearing is required to be held to accept comments on the draft 2017
Stormwater Management Program Plan (SWMP) that was presented at the February
13, 2017 City Council Study Session. Written comments are also being accepted
through the close of business March 6, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 4 of 194
Resolution No. 5277
Exhibit “A”
CITY OF AUBURN
2017 STORMWATER MANAGEMENT
PROGRAM PLAN
City of Auburn, WA
March 2017
PH.1 Page 5 of 194
Table of Contents City of Auburn 2016 SWMP Plan
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TABLE OF CONTENTS
1. INTRODUCTION........................................................................................................................................................ 1
1.1 Overview .......................................................................................................................................................... 1
1.2 Regulatory Background ................................................................................................................................... 1
1.3 City of Auburn Regulated Area ........................................................................................................................ 2
1.4 SWMP Implementation Responsibilities .......................................................................................................... 2
1.5 Document Organization ................................................................................................................................... 2
2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 3
2.1 Permit Requirements ....................................................................................................................................... 3
2.2 Planned 2017 Compliance Activities ................................................................................................................ 3
3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 4
3.1 Permit Requirements ....................................................................................................................................... 4
3.2 Planned 2017 Compliance Activities ................................................................................................................ 4
4. PUBLIC INVOLVEMENT AND PARTICIPATION ...................................................................................................... 6
4.1 Permit Requirements ....................................................................................................................................... 6
4.2 Planned 2017 Compliance Activities ................................................................................................................ 6
5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 7
5.1 Permit Requirements ....................................................................................................................................... 7
5.2 Planned 2017 Compliance Activities ................................................................................................................ 7
6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .... 9
6.1 Permit Requirements ....................................................................................................................................... 9
6.2 Planned 2017 Compliance Activities .............................................................................................................. 10
7. MUNICIPAL OPERATIONS AND MAINTENANCE ................................................................................................. 11
7.1 Permit Requirements ..................................................................................................................................... 11
7.2 Planned 2017 Compliance Activities .............................................................................................................. 12
8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................................................ 13
8.1 Planned 2017 Compliance Activities .............................................................................................................. 14
9. MONITORING .......................................................................................................................................................... 15
9.1 Permit Requirements ..................................................................................................................................... 15
9.2 Planned 2017 Compliance Activities .............................................................................................................. 15
APPENDIX A ............................................................................................................................................................... 16
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LIST OF TABLES
Table 2-1. 2017 Stormwater Management Administration Program Work Plan ...................................................... 3
Table 3-1. 2017 Public Education and Outreach Work Plan .................................................................................. 5
Table 4-1. 2017 Public Involvement and Participation Work Plan ........................................................................... 6
Table 5-1. 2017 Illicit Discharge Detection and Elimination Work Plan ................................................................... 7
Table 6-1. 2017 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan....... 10
Table 7-1. 2017 Municipal Operations and Maintenance Work Plan .................................................................... 13
Table 8-1. 2017 Compliance with TMDL Load Requirements Work Plan ............................................................. 15
Table 9-1. 2017 Water Quality Monitoring Work Plan ........................................................................................... 16
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
1. INTRODUCTION
1.1 Overview
This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and
maintenance of this SWMP Plan is required by the Washington State Department of Ecology (Ecology) as a
condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The
Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The
SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming year.
The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality,
and meet the requirements of the federal Clean Water Act.
Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s
Stormwater Management Program.
1.2 Regulatory Background
The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the
federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The
federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental
agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum
federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State
Department of Ecology (Ecology).
In Washington, municipalities with a population of over 100,000 are designated as Phase I communities and
must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s population is below
the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100
other municipalities in Washington must also comply with the Phase II Permit, as operators of small
municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available
on Ecology’s website at
http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/wwphiipermit.html
The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the
state’s water bodies (e.g., streams, rivers, lakes, wetlands, and aquifers) as long as municipalities implement
programs to protect water quality by reducing the discharge of “non-point source” pollutants to the
“maximum extent practicable” (MEP) through application of Permit-specified “best management practices”
(BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management
Program (SWMP) and grouped under the following Program components:
Public Education and Outreach
Public Involvement and Participation
Illicit Discharge Detection and Elimination
Controlling Runoff from New Development, Redevelopment, and Construction Sites
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Municipal Operations and Maintenance
In addition to the SWMP components the Permit contains special conditions covering:
Compliance with Total Maximum Daily Load requirements
Monitoring and Assessment
Reporting Requirements
The Permit issued by Ecology became effective on August 1, 2013, was modified January 16, 2014 and
expires on July 31, 2018. The Permit requires the City to submit an annual report no later than March 31st of
each year beginning in 2015, on progress in SWMP implementation. The Permit also requires submittal of a
SWMP Plan which describes proposed SWMP activities for the current calendar year. The SWMP Plan is to
be updated annually and be included in the submittal of the previous year’s annual report.
1.3 City of Auburn Regulated Area
The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge
stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern
boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the
Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s
that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of
the City drain to public infiltration facilities where the stormwater soaks into the ground.
1.4 SWMP Implementation Responsibilities
The Utilities Engineering Division in the Community Development and Public Works Department
coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables
in each Chapter provide the lead departments for the associated task. Other major departments/divisions
included in the 2017 SWMP implementation are Maintenance and Operations (M&O), Human Resources
(HR), Development Engineering, Permit Center, Innovation and Technology (IT), and Parks.
1.5 Document Organization
The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and
County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The
program components of this SWMP are organized as listed in the Permit:
Section 2.0 addresses administering the City’s Stormwater Management Program.
Section 3.0 addresses public education and outreach.
Section 4.0 addresses public involvement and participation.
Section 5.0 addresses illicit discharge detection and elimination.
Section 6.0 addresses controlling runoff from new development, redevelopment, and construction
sites.
Section 7.0 addresses municipal operations and maintenance.
Section 8.0 addresses compliance with TMDL requirements.
Section 9.0 addresses monitoring.
Each section includes a summary of the relevant Permit requirements and a table showing the planned
activities for 2017. This document also includes acronyms and definitions in Appendix A for easy reference.
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION
This section of the SWMP describes Permit requirements related to overall Stormwater Management
Program administration, and planned compliance activities for 2017.
2.1 Permit Requirements
The Permit (Section S5.A) requires the City to fulfill the following actions during the 5-year Permit cycle:
Develop and implement a Stormwater Management Program (SWMP) and prepare written
documentation (SWMP Plan) for submittal to Ecology by March 31 of each year. The purpose of the
SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum
extent practicable and thereby protect water quality. The SWMP Plan is intended to inform the public
of the planned SWMP activities for the upcoming calendar year, including any actions to meet the
requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Monitoring.
Implement a program for gathering, tracking, maintaining, and using information to evaluate SWMP
development, implementation and permit compliance and to set priorities.
Coordinate with other permittees on stormwater related policies programs, and projects within
adjacent or shared areas.
Coordinate between City departments to eliminate barriers to compliance with the terms of the permit.
2.2 Planned 2017 Compliance Activities
Auburn has positioned itself to maintain compliance. Table 2-1 presents the proposed work plan for the 2017
SWMP administration activities.
Table 2-1. 2017 Stormwater Management Administration Program Work Plan
Task ID Task Description Lead Compliance
Timeframe
SWMP-1
Revise and update the City’s Stormwater
Management Program Plan (SWMP Plan) to identify
planned SWMP activities for 2017.
Utilities
Engineering
The SWMP submittal is due
by March 31st of each year.
SWMP-2 Track program element implementation. Utilities
Engineering
Annual Reporting is due by
March 31st of each year.
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
3. PUBLIC EDUCATION AND OUTREACH
This section describes the Permit requirements related to public education and outreach, and planned
compliance activities for 2017.
3.1 Permit Requirements
The Permit (Section S5.C.1) requires the City to fulfill the following actions during the 5-year Permit cycle:
Prioritize and target education and outreach activities to specified audiences, including the general
public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors,
developers, and land use planners to build general awareness and to effect behavior change with the
intent to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater
impacts.
Have an outreach program that is designed to improve the target audience’s understanding of the
problem and what they can do to solve it.
Create and/or partner with existing organizations to encourage residents to participate in stewardship
opportunities.
Measure the understanding and adoption of the targeted behaviors for at least one target audience in at
least one subject area. Use the resulting measurements to direct education and outreach resources
most effectively.
Track and maintain records of public education and outreach activities.
3.2 Planned 2017 Compliance Activities
The City plans to continue the program that has been developed over the last permit cycle. The target
audiences include:
The general public
Businesses (including home-based and mobile businesses)
Residents/homeowners
Landscapers
Property managers
Engineers, contractors, developers and land use planners
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Table 3-1 presents the work plan for the 2017 SWMP public education and outreach activities.
Table 3-1. 2017 Public Education and Outreach Work Plan
Task ID Task Description Lead Compliance
Timeframe
EDUC-1
Continue collaboration with other NPDES
municipalities through Stormwater Outreach for
Regional Municipalities (STORM) and Puget Sound
Starts Here efforts to promote regional education and
outreach programs.
Utilities
Engineering
Refinements to existing
public education and
outreach activities are on-
going.
EDUC-2
Refine education and outreach strategy to supplement
existing education activities. An example would be
evaluating the current pet waste cleanup education
strategy to determine whether more frequent outreach
is required.
Utilities
Engineering
EDUC-3
Implement new or modify existing education and
outreach activities. An example would be adding new
business types or revisiting businesses as part of the
ECOSS Pollution Prevention Outreach program.
Utilities
Engineering
EDUC-4
Staff training related to Surface Water Management
Manual Implementation/Technical Standards:
• Permitting
• Plan Review
• Site Inspections
• Maintenance Standards.
Community
Development
and Public
Works
Department
EDUC-4a
Educate select city staff and elected officials to
develop a common level of knowledge related to Low
Impact Development stormwater management
techniques.
Community
Development
and Public
Works
Department
Ongoing
EDUC-4b
Educate the general public and developers to develop
a common level of knowledge related to Low Impact
Development stormwater management principles and
techniques.
Community
Development
and Public
Works
Department
Ongoing
EDUC-5
Inform public employees, businesses and the general
public of the hazards associated with illegal
discharges and improper disposal of waste.
Utilities
Engineering Ongoing
EDUC-6
Provide stewardship opportunities such as planting
native plants and invasive species removal at the
Auburn Environmental park.
Environmental
Services
Ongoing
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
4. PUBLIC INVOLVEMENT AND PARTICIPATION
This section describes the Permit requirements related to public involvement and participation, and planned
compliance activities for 2017.
4.1 Permit Requirements
The Permit (Section S5.C.2) requires the City to fulfill the following actions during the 5-year Permit cycle:
Provide ongoing opportunities for public involvement and participation through advisory boards or
commissions, public hearings, watershed committees, public participation in developing rate structures
and budgets, or other similar activities. The public must be able to participate in the decision-making
processes, including development, implementation, and update of the SWMP.
Make the SWMP Plan and Annual Compliance Report available to the public, by posting on the City’s
website. Make any other documents required to be submitted to Ecology in response to Permit conditions
available to the public.
4.2 Planned 2017 Compliance Activities
The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the
work plan for the 2017 SWMP public involvement and participation activities.
Table 4-1. 2017 Public Involvement and Participation Work Plan
Task ID Task Description Lead Compliance
Timeframe
PI-1 Provide public involvement opportunities for annual
SWMP update.
Utilities
Engineering Public involvement
opportunities will be available
before the March 31, 2017
submittal. PI-2 Make SWMP document Report available to public by
posting on the City website.
Utilities
Engineering
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
5. ILLICIT DISCHARGE DETECTION AND ELIMINATION
This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE),
and planned compliance activities for 2017.
5.1 Permit Requirements
The Permit (Section S5.C.3) requires the City to fulfill the following actions during the 5-year Permit cycle:
Implement an ongoing program to detect and remove illicit discharges, connections, and improper
disposal, including any spills into the municipal separate storm sewers owned or operated by the City.
Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an
ongoing program to detect and address illicit discharges.
Publicly list and publicize a hotline or other local telephone number for public reporting of spills and
other illicit discharges. Track illicit discharge reports and actions taken in response through close-out,
including enforcement actions.
Inform public employees, businesses and the general public of hazards associated with illegal
discharges and improper disposal of waste.
Train staff on proper IDDE response SOPs and train municipal field staff to recognize and report
illicit discharges.
Summarize all illicit discharges and connections reported to the City and response actions taken,
including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP.
5.2 Planned 2017 Compliance Activities
Table 5-1 presents the work plan for 2017 SWMP illicit discharge detection and elimination activities.
Table 5-1. 2017 Illicit Discharge Detection and Elimination Work Plan
Task ID Task Description Lead Compliance
Timeframe
IDDE-1
Continue to implement City-wide IDDE Program and
develop any necessary supplemental IDDE activities.
Enforce ACC 13.48.210 using education and technical
support as a first action and escalating code
enforcement as needed. Publicize a phone number
for public reporting of spills and illicit discharges.
Utilities
Engineering Ongoing
IDDE-2 Continue to review and update storm system map to
address data gaps and Permit requirements.
Utilities
Engineering/IT Ongoing
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IDDE-3 Provide IDDE training to new hires in Utility
Engineering and Maintenance & Operations.
Utilities
Engineering Ongoing
IDDE-4
Perform IDDE field screening of at least 10% of MS4
to meet the requirement to screen at least 40% of the
MS4 by 12/31/17 and 12% annually thereafter.
Utilities
Engineering and
M&O
Ongoing
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT,
REDEVELOPMENT, AND CONSTRUCTION SITES
This section describes the Permit requirements related to controlling runoff from new development,
redevelopment, and construction sites, and planned compliance activities for 2017.
6.1 Permit Requirements
The Permit (Section S5.C.4) requires the City to fulfill the following actions during the 5-year Permit cycle:
Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to
the municipal separate storm sewer system from new development, redevelopment, and construction
site activities. The program must apply to both private and public projects, including roads, and
address all construction/development-associated pollutant sources.
Have adopted regulations (codes and standards), plan review, inspection, and escalating enforcement
SOPs necessary to implement the program in accordance with Permit conditions, including the
minimum technical requirements in Appendix 1 of the Permit by December 31, 2016.
Review, revise and make effective local development-related codes, rules, standards, or other
enforceable documents to incorporate and require Low Impact Development (LID) principles and
LID best management practices (BMPs) with the intent of making LID the preferred and commonly-
used approach to site development by December 31, 2016.
Participate in watershed-scale stormwater planning under condition S5.C.4.c of the Phase I Municipal
Stormwater General Permit if required.
Have adopted regulations (codes and standards) and processes to verify adequate long-term operations
and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance
with Permit conditions, including an annual inspection frequency and/or approved alternative
inspection frequency and maintenance standards for private drainage systems as protective as those in
Chapter 4 of Volume V of the 2012 Ecology Stormwater Management Manual for Western
Washington by December 31, 2016.
Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives
of the proposed new development and redevelopment.
Provide training to staff on the new codes, standards, and SOPs and create public education and
outreach materials.
Record and maintain records of all inspections and enforcement actions by staff.
Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance
Report; identify any updates to the SWMP.
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6.2 Planned 2017 Compliance Activities
The City has a program to help reduce stormwater runoff from new development and construction sites.
Table 6-1 presents the work plan for 2017 SWMP activities related to runoff control for new development,
redevelopment, and construction sites.
Table 6-1. 2017 Controlling Runoff from Development, Redevelopment, and Construction Sites Work
Plan
Task ID Task Description Lead Compliance
Timeframe
CTRL-1
Track and report construction, new development, and
redevelopment permits, inspections and enforcement
actions.
Planning/ Permit
Center On-going
CTRL-1a
Prior to clearing and construction, inspect all permitted
development sites that have a high potential for
sediment transport.
Construction On-going
CTRL-1b Inspect all permitted development sites during
construction. Construction On going
CTRL-1c
Inspect all permitted development sites upon
completion of construction and prior to final approval
or occupancy.
Construction Ongoing
CTRL-1d
Inspect all permanent stormwater treatment and flow
control BMPs/facilities and catch basins in new
residential developments every six months until 90%
of the lots are constructed or construction has stopped
and site is fully stabilized.
Construction Ongoing
CTRL-2
Conduct annual inspection of all treatment and flow
control BMPs/facilities (other than catch basins) – i.e.,
private systems.
Utilities
Engineering On-going
CTRL-6
Provide copies of the “Notice of Intent for Construction
Activity” and copies of the “Notice of Intent for
Industrial Activity” to representatives of proposed new
development and redevelopment.
Permit Center Ongoing
CTRL-7
Enforce local ordinances controlling runoff from sites
that are also covered by stormwater permits issued by
Ecology.
Construction
and Code
Enforcement
Ongoing
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
7. MUNICIPAL OPERATIONS AND MAINTENANCE
This section describes the Permit requirements related to municipal operations and maintenance, and planned
compliance activities for 2017.
7.1 Permit Requirements
The Permit (Section S5.C.5) requires the City to fulfill the following actions during the 5-year Permit cycle:
Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from
municipal separate stormwater system and municipal O&M activities.
Implement maintenance standards for the municipal separate stormwater system that are at least as
protective as those specified in the 2012 Stormwater Management Manual for Western Washington as
amended in 2014.
Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and
flow control BMPs/facilities and perform maintenance as needed to comply with maintenance
standards.
Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1,
2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed
to comply with maintenance standards.
Check treatment and flow control facilities after major storms and perform repairs as needed in
accordance with adopted maintenance standards.
Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M
activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by
the City, and to reduce pollutants in discharges from all lands owned or maintained by the City.
Train staff to implement the SOPs and document the training.
Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or
storage yards identified for year-round facilities or yards, and material storage facilities owned or
operated by the City.
Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for
Municipal Operations” component of the Annual Compliance Report; identify any updates to the
SWMP.
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7. Pollution Prevention and O&M for Municipal Operations City of Auburn 2016 SWMP Plan
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7.2 Planned 2017 Compliance Activities
Table 7-1 presents the work plan for 2017 SWMP activities related to municipal operations and maintenance.
Table 7-1. 2017 Municipal Operations and Maintenance Work Plan
Task ID Task Description Responsible Schedule Notes
MOM-1
Conduct annual inspection of all treatment and flow
control (other than catch basins) in the public system
and perform maintenance as triggered by the
maintenance standards.
Community
Development and
Public Works
Department
On-going
MOM-2 Complete inspection of 100% of the catch basins
between August 1, 2013 and August 1, 2017. M&O On-going
MOM-3
Perform street sweeping to reduce the amount of
street waste that enters the storm drainage
conveyance system.
M&O Ongoing
MOM-4
Implement Low Impact Development maintenance
standards, levels of service and inspection
procedures adopted in 2016.
Community
Development and
Public Works,
and Parks
Departments
Ongoing
MOM-5 Update SWPPP for City maintenance facilities.
Community
Development and
Public Works,
and Parks
Departments
June 2017
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD
REQUIREMENTS
The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for
rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of
the maximum amount of a pollutant that a water body can receive and still meet water quality standards.
After the TMDL has been calculated for a given water body, Ecology determines how much each source
must reduce its discharges of the pollutant in order bring the water body back into compliance with the water
quality standards. TMDL requirements are included in the stormwater NPDES permits for discharges into
affected water bodies.
Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the
pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA
before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the
Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology’s
TMDL program is available on Ecology’s website at www.ecy.wa.gov/programs/wq/tmdl.
In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City
must comply with the following TMDL.
Name of TMDL Puyallup Watershed Water Quality Improvement Project
Document(s) for
TMDL
Puyallup River Watershed Fecal Coliform Total Maximum Daily Load – Water Quality
Improvement Report and Implementation Plan, June 2011, Ecology Publication No. 11-10-
040. https://fortress.wa.gov/ecy/publications/SummaryPages/1110040.html
Location of
Original 303(d)
Listings
Puyallup River 16712, 7498, White River 16711, 16708, 16709, Clear Creek 7501,
Swan Creek 7514, Boise Creek 16706
Area Where TMDL
Requirements
Apply
Requirements apply in all areas regulated under the Permittee’s municipal
stormwater permit and discharging to water bodies listed within the specific
requirement in this TMDL section.
Parameter Fecal Coliform
EPA Approval
Date
September 2011
MS4 Permittee Phase I Permit: King County, Pierce County
Phase II Permit: Auburn, Edgewood, Enumclaw, Puyallup, Sumner
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8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2016 SWMP Plan
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Actions required of the City under this TMDL include:
• Beginning no later than October 1, 2013, conduct twice monthly wet weather sampling of
stormwater discharges to the White River at Auburn Riverside High School to determine if specific
discharges from Auburn’s MS4 exceed the water quality criteria for fecal coliform bacteria.
o Data shall be collected for one wet season.
o Data shall be collected in accordance with an Ecology-approved QAPP.
o Data collected since EPA TMDL approval can be used to meet this requirement.
These actions have been completed.
• For any of the outfalls monitored, showing discharges that exceed water quality criteria for primary
contact recreation: designate those areas discharging via the MS4 of concern as high priority areas for
illicit discharge detection and elimination efforts and implement the schedules and activities identified
in S5.C.3 of the Western Washington Phase II permit for response to any illicit discharges found
beginning no later than August 1, 2014.
This action has been completed.
• Install and maintain pet waste education and collection stations at municipal parks and other
Permittee owned and operated lands adjacent to streams. Focus on locations where people
commonly walk their dogs.
8.1 Planned 2017 Compliance Activities
Table 8-1 presents the work plan for 2017 SWMP activities related to TMDL requirement compliance.
Table 8-1. 2017 Compliance with TMDL Load Requirements
Task ID Task Description Responsible Schedule Notes
TMDL - 1
Include summary of activities conducted in TMDL
area to address TMDL parameter (fecal coliform) with
annual report to Ecology.
Utilities
Engineering March 31, 2017
TMDL-2
Maintain pet waste education and collection stations
at municipal parks and other public lands adjacent to
the White River and its tributaries.
Parks
Department On-going
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CITY OF AUBURN 2017
STORMWATER MANAGEMENT PROGRAM PLAN
9. MONITORING
This section describes the Permit requirements related to water quality monitoring, and planned compliance
activities for 2017.
9.1 Permit Requirements
The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness
Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater
Monitoring Program (RSMP). The City committed in 2013 to pay $45,096.00 annually into the collective
RSMP monitoring fund for both Status and Trends Monitoring and Effectiveness Studies.
All permittees are required to pay into the RSMP to implement the RSMP Source Identification Information
Repository (SIDIR). Auburn’s annual payment will be $2,614.00.
Payments are due to the Department of Ecology by August 15th each year.
The City is required to provide the following monitoring and/or assessment data in each annual report:
A description of any stormwater monitoring or studies conducted by the City during the reporting
period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations
conducted by other entities were reported to the City, a brief description of the type of information
gathered or received shall be included in the annual report.
9.2 Planned 2017 Compliance Activities
Table 9-1 presents the work plan for 2017 SWMP monitoring activities.
Table 9-1. 2017 Water Quality Monitoring Work Plan
Task ID Task Description Lead Compliance
Timeframe
MNTR -1
Pay $47,710.00 annually into the RSMP collective
fund for implementation of Status and Trends
Monitoring, Effectiveness Studies, and the Source
Identification Information Repository.
Utilities
Engineering
Annual payment due by
August 15th.
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APPENDIX A
Acronyms and Definitions
The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here
for the reader’s convenience.
40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and
permanent rules published in the Federal Register by the executive departments and agencies of the
federal government.
AKART means all known, available, and reasonable methods of prevention, control and treatment. See
also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW.
All known, available and reasonable methods of prevention, control and treatment refers to the State
Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW.
Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of
this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later.
Beneficial Uses means uses of waters of the state which include but are not limited to use for
domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife
maintenance and enhancement, recreation, generation of electric power and preservation of
environmental and aesthetic values, and all other uses compatible with the enjoyment of the public
waters of the state.
Best Management Practices are the schedules of activities, prohibitions of practices, maintenance
procedures, and structural and/or managerial practices approved by Ecology that, when used singly
or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters
of Washington State.
BMP means Best Management Practice.
Bypass means the diversion of stormwater from any portion of a stormwater treatment facilit y.
Census defined urban area means Urbanized Area.
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Circuit means a portion of a MS4 discharging to a single point or serving a discrete area
determined b y traffic volumes, land use, topography or the configuration of the MS4.
Component or Program Component means an element of the Stormwater Management Program listed
in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater
Management Program for Secondary Permittees, S7 Compliance with Total Maximum Daily Load
Requirements, or S8 Monitoring of this permit.
Conveyance system means that portion of the municipal separate storm sewer system designed or used
for conveying stormwater.
Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with at least
one other applicant for coverage under this permit. A Co-Permittee is an owner or operator of a
regulated MS4 located within or in proximity to another regulated MS4. A Co- Permittee is only
responsible for permit conditions relating to discharges from the MS4 the Co- Permittee owns or
operates. See also 40 CFR 122.26(b)(1)
CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub.
L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq).
Director means the Director of the Washington State Department of Ecology, or an authorized
representative.
Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the
Permittee’s MS4 facilities/BMPs designed to infiltrate.
Entity means a governmental body, or a public or private organization.
EPA means the U.S. Environmental Protection Agency.
General Permit means a permit which covers multiple dischargers of a point source categor y within a
designated geographical area, in lieu of individual permits being issued to each discharger.
Ground water means water in a saturated zone or stratum beneath the surface of the land or below a
surface water body. Refer to chapter 173-200 WAC.
Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product,
commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological
properties described in WAC 173-303-090 or WAC 173-303-100.
Heavy equipment maintenance or storage yard means an uncovered area where any heavy equipment,
such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or
maintained, or where at least five pieces of heavy equipment are stored on a long- term basis.
Highway means a main public road connecting towns and cities.
Hydraulically near means runoff from the site discharges to the sensitive feature without significant
natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining
Construction Site Sediment Damage Potential for a more detailed definition.
Hyperchlorinated means water that contains more than 10 mg/Liter chlorine.
Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used
for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this
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permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, inlets, or outlets that are connected directl y to the MS4.
Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non-
stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3).
Impervious surface means a non-vegetated surface area that either prevents or retards the entry of water
into the soil mantle as under natural conditions prior to development. A non- vegetated surface area
which causes water to run off the surface in greater quantities or at an increased rate of flow from the
flow present under natural conditions prior to development. Common impervious surfaces include,
but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas,
concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other
surfaces which similarly impede the natural infiltration of stormwater.
Land disturbing activity means any activity that results in a change in the existing soil cover (both
vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include,
but are not limited to clearing, grading, filling and excavation. Compaction that is associated with
stabilization of structures and road construction shall also be considered land disturbing activity.
Vegetation maintenance practices, including landscape maintenance and gardening, are not
considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing
activity if conducted according to established standards and procedures.
LID means Low Impact Development.
LID BMP means low impact development best management practices.
LID Principles means land use management strategies that emphasize conservation, use of on- site
natural features, and site planning to minimize impervious surfaces, native vegetation loss, and
stormwater runoff.
Low Impact Development means a stormwater and land use management strategy that strives to mimic
pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by
emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater
management practices that are integrated into a project design.
Low impact development best management practices means distributed stormwater management
practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of
infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to,
bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and
depth, vegetated roofs, minimum excavation foundations, and water re-use.
Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular,
etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which
reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce
the discharge of pollutants to the maximum extent practicable, including management practices, control
techniques, and system, design, and engineering methods, and other such provisions as the
Administrator or the State determines appropriate for the control of such pollutants.
MEP means Maximum Extent Practicable.
MS4 means municipal separate storm sewer system.
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Municipal Separate Storm Sewer System means a conveyance, or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains):
(i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other
public body (created by or pursuant to state law) having jurisdiction over disposal of wastes,
stormwater, or other wastes, including special districts under State law such as a sewer district,
flood control district or drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management agency under section 208
of the CWA that discharges to waters of Washington State.
(ii) Designed or used for collecting or conveying stormwater.
(iii) Which is not a combined sewer;
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
122.2.; and
(v) Which is defined as “large” or “medium” or “small” or otherwise designated by
Ecology pursuant to 40 CFR 122.26.
National Pollutant Discharge Elimination System means the national program for issuing, modifying,
revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for
the discharge of pollutants to surface waters of the state from point sources. These permits are
referred to as NPDES permits and, in W ashington State, are administered by the Washington State
Department of Ecology.
Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are
indigenous to the coastal region of the Pacific Northwest and which reasonably could have been
expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock,
western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and
herbaceous plants such as sword fern, foam flower, and fireweed.
New development means land disturbing activities, including Class IV General Forest Practices that are
conversions from timber land to other uses; structural development, including construction or
installation of a building or other structure; creation of hard surfaces; and subdivision, short
subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the
definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a
definition of hard surfaces.
New Permittee means a city, town, or county that is subject to the Western Washington
Municipal Stormwater General Permit and was not subject to the permit prior to August 1,
2013.
New Secondary Permittee means a Secondary Permittee that is covered under a municipal
stormwater general permit and was not covered by the permit prior to August 1, 2013.
NOI means Notice of Intent.
Notice of Intent means the application for, or a request for coverage under a General Permit
pursuant to WAC 173-226-200.
Notice of Intent for Construction Activity means the application form for coverage under the
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Construction Stormwater General Permit.
Notice of Intent for Industrial Activity means the application form for coverage under the
General Permit for Stormwater Discharges Associated with Industrial Activities.
NPDES means National Pollutant Discharge Elimination System.
Outfall means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the
Permittee’s MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not
include pipes, tunnels, or other conveyances which connect segments of the same stream or other
surface waters and are used to convey primarily surface waters (i.e., culverts).
Permeable pavement means pervious concrete, porous asphalt, permeable pavers or other forms of
pervious or porous paving material intended to allow passage of water through the pavement section.
It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.
Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, Co-
Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee.
Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way
that it allows for direct discharges to the second system. For example, the roads with drainage systems
and municipal streets of one entity are physically connected directly to a storm sewer s ystem belonging
to another entity.
Project site means that portion of a property, properties, or right-of-ways subject to land disturbing
activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard
surfaces.
QAPP means Quality Assurance Project Plan.
Qualified Personnel means someone who has had professional training in the aspects of stormwater
management for which they are responsible and are under the functional control of the Permittee.
Qualified Personnel may be staff members, contractors, or volunteers.
Quality Assurance Project Plan means a document that describes the objectives of an
environmental study and the procedures to be followed to achieve those objectives.
RCW means the Revised Code of Washington State.
Receiving waterbody or receiving waters means naturally and/or reconstructed naturally occurring
surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters,
or ground water, to which infiltration MS4 discharges.
Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing
hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint
or addition or replacement of a structure; structural development including construction, installation or
expansion of a building or other structure; replacement of hard surface that is not part of a routine
maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard
surfaces.
Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater-
focused monitoring and assessment program consisting of these components: status and trends
monitoring in small streams and marine nearshore areas, stormwater management program
effectiveness studies, and a source identification information repository (SIDIR). The priorities and
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scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and
trends monitoring will be conducted in the Puget Sound basin only.
Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm
Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting
program by its location within an Urbanized Area, or by designation by Ecology and is not eligible
for a waiver or exemption under S1.C.
RSMP means Regional Stormwater Monitoring Program.
Runoff is water that travels across the land surface and discharges to water bodies either directly or
through a collection and conveyance s ystem. See also “Stormwater.”
Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or county.
Secondar y Permittees include special purpose districts and other public entities that meet the criteria
in S1.B.
Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the effect of
construction runoff, or areas requiring special protection to prevent erosion. See Appendix 7
Determining Construction Site Sediment Transport Potential for a more detailed definition.
Shared water bodies means water bodies, including downstream segments, lakes and estuaries that
receive discharges from more than one Permittee.
SIDIR means Source Identification Information Repository.
Significant contributor means a discharge that contributes a loading of pollutants considered to be
sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat
conditions.
Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” or
“medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v).
Source control BMP means a structure or operation that is intended to prevent pollutants from coming
into contact with stormwater through physical separation of areas or careful management of activities
that are sources of pollutants. The SWMMWW separates source control BMPs into two types.
Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are
intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural
practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the
SWMMWW (2012) for details.
Stormwater means runoff during and following precipitation and snowmelt events, including surface
runoff, drainage or interflow.
Stormwater Associated with Industrial and Construction Activity means the discharge from any
conveyance which is used for collecting and conveying stormwater, which is directly related to
manufacturing, processing or raw materials storage areas at an industrial plant, or associated with
clearing, grading and/or excavation, and is required to have an NPDES permit in accordance with 40
CFR 122.26.
Stormwater Management Program means a set of actions and activities designed to reduce the discharge
of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components
listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any
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additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance
with TMDL Requirements, and S8 Monitoring and Assessment.
Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, treatment
BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1
Minimum Requirements #6 (treatment), #7 (flow control), or both.
SWMMWW or Stormwater Management Manual for Western Washington means Stormwater
Management Manual for Western Washington (as amended in 2014).
SWMP means Stormwater Management Program.
TMDL means Total Maximum Daily Load.
Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum
amount of a pollutant that a water body can receive and still meet water quality standards, and an
allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a
single pollutant from all contributing point and nonpoint sources.
The calculation must include a margin of safety to ensure that the water body can be used for the
purposes the state has designated. The calculation must also account for seasonable variation in water
quality. Water quality standards are set b y states, territories, and tribes. They identify the uses for each
water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support
(fishing), and the scientific criteria to support that use. The Clean Water Act, section 303, establishes
the water quality standards and TMDL programs.
Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated b y the Permittee
and designed or used for collecting and conveying stormwater.
UGA means Urban Growth Area.
Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110.
Urbanized Area is a federall y-designated land area comprising one or more places and the adjacent
densely settled surrounding area that together have a residential population of at least 50,000 and
an overall population density of at least 1,000 people per square mile. Urbanized Areas are
designated by the U.S. Census Bureau based on the most recent decennial census.
Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are regularly
washed or maintained, or where at least 10 vehicles are stored.
Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, Ground
Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter
173-204 WAC.
Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart
122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in
chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters,
salt waters and all other surface waters and water courses within the jurisdiction of the State of
Washington.
Waters of the United States refers to the definition in 40 CFR 122.2.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing on 2017-2022 Transportation Improvement
Program Modification
Date:
February 28, 2017
Department:
CD & PW
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council conduct a public hearing to receive public comments and suggestions
with regard to the proposed modification to the 2017-2022 Transportation
Improvement Program (TIP). Attachments can be found with Resolution No. 5272.
Background Summary:
Pursuant to RCW 35.77.010 the City is required to prepare and adopt a
Transportation Improvement Program (TIP) for the ensuing six years. The program
may be revised at any time by a majority of the City Council, but only after conducting
a public hearing.
The date of public hearing was set by Resolution No. 5271 on February 21, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:PH.2
AUBURN * MORE THAN YOU IMAGINEDPH.2 Page 30 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 13, 2017 Special City Council
Meeting
Date:
February 28, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:March 6, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 31 of 194
Special City Council Meeting
February 13, 2017 - 5:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Mayor Nancy Backus called the special meeting to order at 5:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, Auburn.
The purpose of the special meeting was to consider Ordinance No. 6637 and
Resolution No. 5282.
II. ORDINANCES
A. Ordinance No. 6637 (Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 19.04.070, 19.08.020 and 19.08.030 of the Auburn City
Code relating to traffic and park impact fees, and amending the master fee
schedule relating to building, planning and engineering fees for development
projects on certain real property within the downtown core area
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded to
adopt Ordinance No. 6637.
Ordinance No. 6637 was discussed by Council at a previous study session.
MOTION CARRIED UNANIMOUSLY. 7-0
III. RESOLUTIONS
A. Resolution No. 5282 (Heid)
Option "A"
A Resolution of the City Council of the City of Auburn, Washington, naming
the West Hill Lake Park Property within the corporate limits of the City of
Auburn in honor of former Mayor Peter B. Lewis
Option "B"
A Resolution of the City Council of the City of Auburn, Washington re-naming
the Auburn Environmental Park property within the corporate limits of the City
of Auburn in honor of former Mayor Peter B. Lewis
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to adopt
Resolution No. 5282, Option A.
Deputy Mayor Wales stated Option A approves the naming of West Hill lake
park property in honor of former Mayor Peter B. Lewis.
Councilmember Peloza stated former Mayor Lewis prefers the West Hill lake
park property. Councilmembers Wagner and Trout-Manuel concurred.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 1 of 2
CA.A Page 32 of 194
IV. ADJOURNMENT
There being no further business before the Council at the special meeting, the
meeting adjourned at 5:05 p.m.
APPROVED this 6th day of March, 2017
_______________________________ ___________________________
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 2 of 2
CA.A Page 33 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 21, 2017 Regular City Council
Meeting
Date:
February 28, 2017
Department:
Administration
Attachments:
02-21-2017 Regular Meeting Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:March 6, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 34 of 194
City Council Meeting
February 21, 2017 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the City
Hall Council Chambers located at 25 West Main Street in Auburn. Mayor
Backus led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and
Rich Wagner.
Mayor Nancy Backus was in attendance, and the following department
directors and staff members were present: City Attorney Dan Heid,
Community Development and Public Works Director Kevin Snyder, Parks,
Arts and Recreation Director Daryl Faber, Assistant Director of
Engineering Services/City Engineer Ingrid Gaub, Police Chief Bob Lee,
Assistant Police Chief Bill Pierson, Director of Administration Dana
Hinman, Human Services Manager Erica Azcueta, Innovation and
Technology Director Paul Haugan, Finance Director Shelley Coleman,
and Deputy City Clerk Shawn Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
There were no announcements, proclamations or presentations.
III. APPOINTMENTS
A. Cemetery Board Reappointment
City Council to confirm the reappointment of Robert Rakos to the
Cemetery Board for a three-year term to expire December 31, 2019.
Mayor Backus read all appointments to the Cemetery Board, Business
Improvement Area Board, Auburn Tourism Board, Lodging Tax Advisory
Board, and the Transportation Advisory Board for confirmation. Mayor
Backus noted Daryl Faber is no longer under consideration for
appointment to the Lodging Tax Advisory Board.
Deputy Mayor Wales moved and Councilmember Holman second to
approve all of the proposed appointments.
MOTION CARRIED UNANIMOUSLY. 7-0
B.
Page 1 of 10
CA.B Page 35 of 194
Boards and Commission Appointments
City Council to confirm the following appointments to the Boards and
Commissions:
Business Improvement Area Board
Recommend appointment to serve three-year terms to expire December
31, 2019:
• Giovanni DiQuattro
• Josef Forsberg
• Laura Theimer
• Megan White
Recommend appointment to serve a two-year term to expire December 31,
2018:
• Ronnie Robert
• Kirk Lantier
• Kelly Gordon
• Darren Jones
Recommend appointment to serve a one-year term to expire December
31, 2017:
• Lynda Krill
• Ruth Neil-Stover
• William Cowart
Recommend appointment to serve as alternates on the board:
• Robert Klontz
• David Haynes
Auburn Tourism Board
City Council confirm the appointment to serve a three-year term to expire
December 31, 2019:
• Reggie Matto
• Ronnie Roberts
• Nicole Thissell
• James Wilson
Recommend appointment to serve a two-year term to expire December 31,
2018:
• Kacie Bray
• Rebecca Frisch
• Ashley Mohoric
Page 2 of 10
CA.B Page 36 of 194
Recommend appointment to serve a one-year term to expire December
31, 2017:
• Tonia Jones
• Julie Krueger
• Rachael McAlister
Lodging Tax Advisory Board
Recommend appointment to serve a two-year term to expire December 31,
2018:
• Susan Roberts
Recommend appointment to serve a one-year term to expire December
31, 2017:
• Aman Ghag
See Cemetery Board Reappointments for approval.
C. Transportation Advisory Board
City Council to approve the appointment of the following candidates who
will fill unexpired terms from members who have resigned from the board:
• Josef Forsberg - term to expire December 31, 2017
• David Jensen - term to expire December 31, 2019
See Cemetery Board Reappointments for approval.
IV. AGENDA MODIFICATIONS
There was no modification to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for the 2016 Consolidated Annual Performance and
Evaluation Report (CAPER) (Hinman)
City Council to conduct a public hearing on the 2016 Consolidated
Annual Performance and Evaluation Report (CAPER) for the
Community Development Block Grant (CDBG) program
Human Services Manager Azcueta explained the report referenced in
tonight's public hearing is on the work performed in 2015.
Mayor Backus opened the Public Hearing at 7:07 pm. No one came
forward to speak, and the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.Page 3 of 10
CA.B Page 37 of 194
Brittney Rivera, 123 C Street NW Auburn
Ms. Rivera read a portion of a proposed resolution she would like the City
Council to consider regarding sanctuary cities. She stated 20% of Auburn
residents are immigrants.
Andrew Dunloy, 212 E St SW, Auburn
Mr. Donloy read another portion of a proposed resolution he would like the
City Council to consider regarding sanctuary cities.
Mayra Castro, 725 37th ST SE, Auburn
Ms. Castro read another portion of a proposed resolution she would like
the City Council to consider regarding sanctuary cities. She stated
undocumented residents are less likely to report crimes.
Brian Rivara - 123 C Street NW, Auburn
Mr. Rivera read another portion of a proposed resolution he would like the
City Council to consider regarding sanctuary cities. He stated if the Federal
Government removes funding from the City of Auburn, the City could ask
the Muckleshoot Indian Tribe to replace those funds.
Antonio Flores, 747 37th ST SE, Auburn
Mr. Flores read a prepared statement asking for Council to support the
sanctuary cities legislation. He stated when laws are unjust people must
fight to have the law changed.
Erandy Flores, 747 37th ST SE, Auburn
Ms. Flores provided Council with a synopsis of a proposed ordinance
regarding sanctuary cities she would like Council to consider.
Heather McMahon, 1310 22nd St SE, Auburn
Ms. McMahon stated there is a drug house in her neighborhood. She has
called the police, several people have been arrested but there is increased
drug activity again. She requested assistance in fixing the problem.
Mark Gaves, 747 37th St SE, Auburn
Mr. Gaves is the Pastor at New Hope Church. He
spoke regarding Remembrance Day. He asked Council to protect
the residents of Auburn from being taken by immigration.
C. Correspondence
There was no correspondence for Council to review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember Baggett reported on behalf of the Finance ad hoc committee
that reviews claims and payroll vouchers. Councilmember Baggett reported
that he and Councilmember Wagner reviewed the claims and payroll
vouchers as presented and described on this evening's agenda and
recommend City Council approval.
Page 4 of 10
CA.B Page 38 of 194
Councilmember Wagner reported the final recommendation of the ad hoc
committee established to review the Council structure is on the agenda for
consideration tonight.
Councilmember Peloza reported the final recommendation of the ad hoc
committee established to review the Council Travel Budget is on the agenda for
consideration tonight.
Councilmember DaCorsi reported on the ad hoc committee established to
review annual selection of Deputy Mayor is currently reviewing information from
numerious jurisditions and will be making a presentation at a later date.
Councilmember Trout-Manual reported on the ad hoc committee established to
review the inclusive city. They have meet once and are still collecting
information. the committee will report back to the full Council at a later date.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to
be routine and will be enacted by one motion in the form listed.
A. Minutes of the January 17, 2017 Regular City Council Meeting
B. Minutes of the January 9, 2017 City Council Study Session
C. Claims Vouchers (Coleman)
Claims voucher numbers 442409 through 442627 in the amount of
$1,645,855.44 and eight wire transfers in the amount of $635,256.02 and
dated February 6, 2017.
Claims voucher numbers 442628 through 442824 in the amount of
$4,721,602.95 and five wire transfers in the amount of $348,591.60 dated
February 21, 2017.
D. Payroll Vouchers (Coleman)
Payroll check numbers 537067 through 537095 in the amount of
$767,089.07 and electronic deposit transmissions in the amount of
$1,447,906.45 for a grand total of $2,214,995.52 for the period covering
January 12, 2017 to February 1, 2017.
Payroll check numbers 537096 through 537125 in the amount of
$582,276.24, electronic deposit transmissions in the amount of
$1,487,424.42 for a grand total of $2,069,700.66 for the period covering
February 2, 2017 to February 15, 2017.
E. Public Works Project No. CP1218 (Snyder)
City Council to award Contract No. 16-20, to Miles Resources LLC on their
low bid of $3,583,708.93 plus Washington State sales tax of $70,652.38
for a total price of $3,654,361.31 for Project No. CP1218, Auburn Way
South Corridor Safety Improvements (Muckleshoot Plaza to Dogwood St
SE) project
F. Public Works Project No. CP1606 (Snyder) Page 5 of 10
CA.B Page 39 of 194
City Council to award Contract No. 17-04 to Road Construction Northwest
on their low bid of $357,447.50 plus Washington State sales tax of
$33,957.51 for a total price of $391,405.01 for Project No. CP1606, Auburn
Teen and Community Center (H Street SE Extension) project
G. Public Works Project No. C512A (Snyder)
City Council to approve Final Pay Estimate No. 11 to Contract No. 13-12 in
the amount of $0.00 and accept construction of Project No. C512A, Well 4
Emergency Power Improvements
Deputy Mayor Wales moved and Councilmember Trout-Manual seconded
to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6636 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
establishing the Local Sales and Use Tax rate for local revitalization
financing for 2017
Councilmember Wagner moved and Councilmember Holman seconded to
adopt Ordinance No. 6636.
Councilmember Wagner stated the funds are a low interest loan that allow
the City to do improvements to the City infrastructure.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6638 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending the City of Auburn Downtown Urban Center Design Standards
Pedestrian Street Map adopted by Section 18.29.070 of the City Code
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to
adopt Ordinance No. 6638.
Deputy Mayor Wales stated this will allow the City to have the area next to
the theater developed.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5270 (Snyder)
Page 6 of 10
CA.B Page 40 of 194
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract between the
City of Auburn and the City of Algona for decant facilities usage and street
sweeping services
Deputy Mayor Wales moved and Councilmember Baggett seconded to
adopt Resolution No. 5270.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5271 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
setting a hearing date in relation to amending the 2017-2022
Transportation Improvement Program of the City of Auburn pursuant to
Chapter 35.77 of the revised Code of Washington
Councilmember Peloza moved and Councilmember Holman seconded to
adopt Resolution No. 5271.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5273 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement between the City of
Auburn and Seattle-King County Department of Public Health regarding
the 2017-2018 Local Hazardous Waste Management Program
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5273.
Deputy Mayor Wales stated this is an annual agreement for the education
of the community on hazardous waste.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 5274 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an agreement between the City of
Auburn and King County to implement the 2017-2018 Waste Reduction
and Recycling Grant Program and accepting program grant funds
Councilmember Peloza moved and Councilmember Trout-Manual
seconded to adopt Resolution No. 5274.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 5275 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the transfer of funds for the purpose of making loans from the
general fund and/or the cumulative reserve fund to funds sustained by
grants, fees, or tax credits sustained or project focused special revenue
fund for up to a three-year period of time
Deputy Mayor Wales moved and Councilmember Baggett seconded to
adopt Resolution No. 5275.
Page 7 of 10
CA.B Page 41 of 194
MOTION CARRIED UNANIMOUSLY. 7-0
F. Resolution No. 5278 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City of Auburn to impose a Sales and Use Tax as
authorized by RCW 82.14.415 as a credit against State Sales and Use
Tax, relating to annexations
Deputy Mayor Wales moved and Councilmember Baggett seconded to
adopt Resolution No. 5278.
Deputy Mayor Wales stated these funds are used to offset expense from
annexing an area into the City.
Councilmember Wagner noted this is not adding a new tax. It takes
funds already paid in State Sales and Use Taxes and redistributes more of
those funds back to the City.
MOTION CARRIED UNANIMOUSLY. 7-0
G. Resolution No. 5280 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
approving and authorizing the execution of Police Department Tow
Company Rotation List agreements
Councilmember Peloza moved and Councilmember Trout-Manual
seconded to adopt Resolution No. 5280.
Deputy Mayor Wales asked if this item had been brought to Council at a
Study Session. City Attorney Heid stated it had not. Typically resolutions
do not go to study sessions prior to a Council meeting for consideration.
He stated there is small adjustment to the price per tow. The fees are
based on the Washington State Patrol contract.
Deputy Mayor Wales stated the fees are not competitive and the tow
companies want higher fees. The tow companies do not feel their costs are
covered.
Councilmember Holman stated tow companies add themselves to the list
and the Police Department simply calls the next company on the list each
time they need a vehicle towed.
MOTION CARRIED 6-1 Deputy Mayor Wales voted no.
H. Resolution No. 5283 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
amending the City Council Rules of Procedure as adopted by Ordinance
No. 5802 and amended by Resolution numbers. 4282,4429, 4467, 4615,
4686, 4740, 4813, 4909, 5105, 5112, 5115, 5217 and 5240
Councilmember Wagner moved and Councilmember DaCorsi seconded to
approve Resolution No. 5283.
Page 8 of 10
CA.B Page 42 of 194
Councilmember Wagner stated this is a change in the way business is
brought before the Council for consideration.
Councilmember DaCorsi stated he felt that being a member of the ad hoc
committee was very rewarding. The new system is better for Council and
the City.
Councilmember Peloza thanked ad hoc committee. He stated the new
system puts Councilmembers in leadership positions.
Councilmember Baggett stated he was against the proposed plan when
Council was broken into small groups. He wants to work together with the
full Council. He believes this will benefit the residents of Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0
I. Resolution No. 5285 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
approving and accepting the Hazard Mitigation Grant for Reservoir 1
Seismic Control Valve
Councilmember Wagner moved and Councilmember Baggett seconded to
adopt Resolution No. 5285.
Councilmember Wagner stated this will improve the safety of the whole
water system.
MOTION CARRIED UNANIMOUSLY. 7-0
J. Resolution No. 5286 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington
expressing its desire and support for the near-term redevelopment of the
former Valley 6 Drive-In Theater complex also know as the Auburn
Gateway Project
Councilmember Wagner moved and Councilmember Holman seconded to
adopt Resolution No. 5286.
Councilmember Wagner stated this property has the potential for
additional commercial and residential development in the City. The
resolution shows continued support for the development and lists what the
city has already done to support the area.
Councilmember DaCorsi said the City has the opportunity to make a
pocket in this area for neighborhood development.
MOTION CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-
related activities since the last regular Council meeting.
A. From the Council
Page 9 of 10
CA.B Page 43 of 194
Deputy Mayor Wales reported she attended the King County Public Health
meeting and a meeting with the Homeless Network.
Councilmember DaCorsi reported he attended the Association of
Washington Cities Action Days.
Councilmember Holman reported on the history of Remembrance Day.
Councilmember Baggett reported he attended the Association of
Washington Cities Action Days.
Councilmember Trout-Manual reported she attended a Domestic Violence
Initiative meeting and a Women in Leadership meeting.
Councilmember Peloza reported he attended the Association of
Washington Cities Action Days and the Auburn Symphony Orchestra
concert.
B. From the Mayor
Mayor Backus reported she attended the 25th annual Nexus Youth and
Family, formerly know as Auburn Youth Resources (AYR), breakfast, the
Love your Community Kid X event, Pacific Northwest Aerospace Alliance
Executive of the Year presentation where John Thiesen from
Orion Industries was honored as the Executive of the Year, the Auburn
Noon Lions memorial sign dedication for Joe Bartkowski, the State of the
City Address and the Healthy Auburn Expo.
Mayor Backus also reported the Pierce County Council awarded
Councilmember Wagner and the City of Auburn with their 2016 Platinum
Award from the Piece County Health Department for the Healthy
Community Award.
Mayor Backus reported she received a letter stating that Ethan Choi of
Auburn has been named one of the top youth volunteers in the State of
Washington by the 22nd Prudential Spirit of Community Awards.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:27 p.m.
APPROVED this 6th day of March, 2017.
________________________________ ______________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
Page 10 of 10
CA.B Page 44 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
February 27, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 442825 through 442955 in the amount of $548,724.26
and six wire transfers in the amount of $600,522.38 and dated March 6, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:March 6, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 45 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
February 27, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537126 through 537155 in the amount of $773,527.54
and electronic deposit transmissions in the amount of $1,468,727.11 for a grand total
of $2,242,254.65 for the period covering February 16, 2017 to March 1, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:March 6, 2017 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 46 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6639
Date:
February 28, 2017
Department:
Community Development &
Public Works
Attachments:
Exhibit 1 - Staff Report
Ordinance No. 6639
Exhibit 3 Vacinity Map
Exhibit 4 Prop Zoning Map
Exhibit 5 SEPA Determination
Exhibit 6 - Topographic Map
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6639.
Background Summary:
Please see the attached Agenda Bill.
Reviewed by Council Committees:
Other: Planning & Legal
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 47 of 194
AGENDA BILL APPROVAL FORM
Page 1 of 12
Agenda Subject Ordinance No. 6639, Kana B, LLC Zoning Map
Amendment (Rezone), REZ15-0001
Date: February 28, 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) with three conditions 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: March 6, 2017 Item Number:
Exhibit 1
ORD.A Page 48 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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.
ORD.A Page 49 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 2017
Page 3 of 12
Vicinity Map
^ NORTH
ORD.A Page 50 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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 road 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.
ORD.A Page 51 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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 June 21, 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 study session, 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 at its regular meeting 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.
ORD.A Page 52 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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
zoning development standards of the district 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
ORD.A Page 53 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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
ORD.A Page 54 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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
ORD.A Page 55 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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.”
ORD.A Page 56 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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
ORD.A Page 57 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 2017
Page 11 of 12
After conducting a properly advertised public hearing on January 18, 2017, the Hearing
Examiner issued a written recommendation of approval on February 1, 2017 with the
following three 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
ORD.A Page 58 of 194
Agenda Subject: Ordinance No. 6639, Kana B, LLC
Zoning Map Amendment (Rezone)
Date: February 28, 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
Exhibit 6 Topographic Map of vicinity of REZ15-0001
ORD.A Page 59 of 194
ORDINANCE NO. 6 6 3 9
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, the Auburn City Council adopted an
updated Comprehensive Plan which includes a Map establishing the loca.tion of the
Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584;
and
WHEREAS, Jon Gheetham, 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,
Ordinance No. 6639
February 21, 2017
Page 1
ORD.A Page 60 of 194
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 Ac#; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10)days prior to the date of hearing, the Gity 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 Ma ch 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 ('`Gou_ncil") 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
Ordinance No. 6639
February 21, 2017
Page 2
ORD.A Page 61 of 194
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
43.21 C.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. Hearin . 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 HaIL
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 eurrently zoned C1. The remaining 2.22 acres is zoned C3.
All four parcels are located on the east side of East Valley Highway befinreen 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 unde lying comprehensive plan land use
map designation for the south two pa_rcels is currently"Light Industrial".
The project site is primarily developed with a mix of single family residential and tempora.ry
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.
Ordinance No. 6639
February 21, 2017
Page 3
ORD.A Page 62 of 194
The exisfing 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 signifieant adverse impacts associated with the
proposal. A Mitigated Determinafion 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 screening will be required in
order to reduce any aesthetic impacts that may have result from the future development
of the site.
CONCLUSIOfVS OF LAW
Procedural:
1. Authority of_Hearinq Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone requests
to the City Council if the planning director determines that the rezone requests are
consistent with the comprehensive plan. The planning director has determined #hat the
rezone request is eonsistent with the comprehensive plan.
Substantive:
2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land
Use Map designafion 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 cireumstances 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
Ordinance No. 6639
February 21, 2017
Page 4
ORD.A Page 63 of 194
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 AGC 14.22.050, which requires the City's
zoning regulations to be consistent with its comprehensive plan
The Comprehensive Plan identi es 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 compatibilify 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 shatl be prepared by either a landscape architect licensed in the
state of Washington, a nursery professional certified pursuant to the Washington
certifed 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 loeated 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
Ordinance No. 6639
February 21, 2017
Page 5
ORD.A Page 64 of 194
site from views by the traveling public on A Street SE. It is aeknowledged that the
pedestrian and vehicle access point(s) will not be fully sereened. 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 fhe 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 sha.11 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 feafures, arbors, and/or
oiher design features shall be used to complement and accentuate monument
sign(s). The design and relafionship 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 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 G-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
Ordinance No. 6639
February 21,2017
Page 6
ORD.A Page 65 of 194
applic.ant has indicated their intent to use the property to locate their construction
company offices and to store equipment a.nd 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 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.
Ordinance No. 6639
February 21, 2017
Page 7
ORD.A Page 66 of 194
INTRODUCED:
PASSED:
APPROVED:
Nancy Backus
MAYOR
ATT'EST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Dani B. Heid,
City Attorney
Published:
Ordinance No. 6639
February 21, 2017
Page 8
ORD.A Page 67 of 194
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
ORD.A Page 68 of 194
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
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752.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet752.3
Notes
Topographic map of the vicinity showing
2 foot contour intervals based on 2015
aerial photography.
Legend
376.20
1:4,514
Topographic Map
1in =376 ft
2/28/2017Printed 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.
Contours 2FT
Parcels
Street Centerlines
ORD.A Page 100 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6640
Date:
February 28, 2017
Department:
Community Development &
Public Works
Attachments:
Exhibit 1 Staff Report
Ordinance No. 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.
Background Summary:
Please see the attached Agenda Bill.
Reviewed by Council Committees:
Other: Planning & Legal
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 101 of 194
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
ORD.B Page 102 of 194
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
ORD.B Page 103 of 194
Agenda Subject: Ordinance No. 6640, Romart Investments LLC
Zoning Map Amendment (Rezone)
Date: February 21, 2017
Page 3 of 12
Vicinity Map
^ NORTH
ORD.B Page 104 of 194
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.
ORD.B Page 105 of 194
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.
ORD.B Page 106 of 194
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
ORD.B Page 107 of 194
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:
ORD.B Page 108 of 194
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.
ORD.B Page 109 of 194
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).
ORD.B Page 110 of 194
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
ORD.B Page 111 of 194
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
ORD.B Page 112 of 194
ORDINAIVCE IVO. 6 6 4 0
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
GOMPREHENSIVE 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
Ordinance No. 6640
February 21, 2017
Fage 1
ORD.B Page 113 of 194
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 Cify'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 publie hearing on the proposed Romart Investments, LLC Rezone;
and
WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard
publ_ic 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 E:xaminer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIfV AS FOLLOWS:
Ordinance No. 6640
February 21, 2017
Fage 2
ORD.B Page 114 of 194
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 182"d 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 fihis Ordinance with fhe 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
43.21 C.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 Vemon E. Mahrt of Romart Investments, LLC.
2. Hearin . 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. SiteLProposal Descriqtion. 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 182"d Ave East and La_ke Tapps Parkway E. The underlying
comprehensive plan land use map designation was amended to "Light Commercial" by
ordinance adopted on December 5, 2016.
Orclinance No. 6640
February 21, 2017
Page 3
ORD.B Page 115 of 194
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 su.rrounding 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 signifcant 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 impaefs 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 fhe 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 Commereial".
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 R5 to C1 elearly meets the judicial eriteria for a rezone. There
is no question that the proposal is necessary to implement the comprehensive plan,
Ordinance No. 6640
February 21, 2017
Page 4
ORD.B Page 116 of 194
as the comprehensive plan land use map designation for the property is currently "Light
Commereial".
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 increased 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
fo 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 eannot 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
fo 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
Ordinance No. 6640
February 21, 2017
Page 5
ORD.B Page 117 of 194
illumination shall be designed in accordance with requirements of the Counfy
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 Aubum shall cause this Ordinance to be
recorded in the office of the King County Recorder.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held
invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be
deemed a separate, distinet 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 necessa.ry to carry out the directives of this legislation.
Section 7. This Ordinance shall take effect and be in force five days from and
after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
Nancy Backus
MAYOR
Ordinance No. 6640
February 21, 2017
Page 6
ORD.B Page 118 of 194
4TTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
D ` I B: Heid,
City Attorney
Published:
Ordinance No. 6640
February 21, 2017
Page 7
ORD.B Page 119 of 194
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
ORD.B Page 120 of 194
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
ORD.B Page 121 of 194
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
ORD.B Page 122 of 194
ORD.B Page 123 of 194
ORD.B Page 124 of 194
ORD.B Page 125 of 194
ORD.B Page 126 of 194
ORD.B Page 127 of 194
ORD.B Page 128 of 194
ORD.B Page 129 of 194
ORD.B Page 130 of 194
ORD.B Page 131 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6641
Date:
February 28, 2017
Department:
Community Development &
Public Works
Attachments:
Exhibit 1 Staff Report
Ordinance No. 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.
Background Summary:
Please see the attached Agenda Bill.
Reviewed by Council Committees:
Other: Planning & Legal
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 132 of 194
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
ORD.C Page 133 of 194
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
ORD.C Page 134 of 194
Agenda Subject: Ordinance No. 6641, GSA
Zoning Map Amendment (Rezone)
Date: February 21, 2017
Page 3 of 12
Vicinity Map
^ NORTH
ORD.C Page 135 of 194
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.
ORD.C Page 136 of 194
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.
ORD.C Page 137 of 194
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
ORD.C Page 138 of 194
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.”
ORD.C Page 139 of 194
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.”
ORD.C Page 140 of 194
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.
ORD.C Page 141 of 194
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
ORD.C Page 142 of 194
ORDIIVAIVCE NO. 6 6 4 1
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 REZONWG OF THREE PARCELS
TOTALING APPROXIMATELY 137.38 ACRES LOCATED
WEST OF C STREET SOUTHWEST FROM M1, LIGHT
INDUSTRIAL AND M2, HEAVY IN.DUSTRIAL 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, fhe 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 rea rmed 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 fhe City by Ordinance No. 6584;
and
WHEREAS, the City of Auburn, Community Development and Public Works
Department, the Applicant, submitted a rezone applieation (File No. REZ16-0002) for the
Ordinance No. 6641
February 21, 2017
Page 1
ORD.C Page 143 of 194
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#he City of Auburn Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASFiINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Couneil ("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 IndustriaP', and "M2, Heavy Industrial'', to "C3, Heavy
Commercial" and directs that the rezone application and all related documents be filed
Ordinance No. 6641
February 21, 2017
Page 2
ORD.C Page 144 of 194
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 aecordance with RCW
43.21 C.060.
Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from
the Hearing Examiner's recommendation as set forth below:
FIIVDINGS OF FACT
Procedural:
1. A plicant. The Applicant is the City of Auburn, Community Development
and Public Works Department.
2. Hearinq. 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 137.3.8
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 15th Street Southwest.
The primary address of the project site is 1303 C Street Southwest, Auburn 1NA. 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
Ordinance No. 6641
February 21, 2017
Page 3
ORD.C Page 145 of 194
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 fhan
the sites current M1 and M2 Industrial zoning designations;
COfVCLUSIONS 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 determi.nes that the rezone requests are
consistent wifh the comprehensive plan. The planning di_rector has deter mined fhat the
rezone request is consistent with the comprehensive plan.
Substantive:
2. Comprehensive Plan Land Use Map Desipnation. 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 wifh a Comp ehensive Plan Land Use Map designafion,
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 Gity
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 ehanged since the original showing and that
the rezone must bear a substantial relationship to the publie 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 fhat 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
Ordinance No. 6641
February 21, 2017
Page 4
ORD.C Page 146 of 194
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 Gity's zon_ing 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.
DECISIOIV
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
proeedures 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.
Ordinance No. 6641
February 21, 2017
Page 5
ORD.C Page 147 of 194
INTRODUCED:
PASSED:
APPROVED:
Nancy Backus
MAYOR
ATTEST:
Danielle E. Daskam,
Gity Clerk
APPROVED AS TO FORM:
iel B. Heid,
City Attorney
Published:
Ordinance No. 6641
February 21, 2017
Page 6
ORD.C Page 148 of 194
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
ORD.C Page 149 of 194
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
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5272
Date:
February 28, 2017
Department:
CD & PW
Attachments:
Resolution No. 5272
Existing TIP #55
Proposed Modified TIP #55
New TIP #75
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution 5272.
Background Summary:
The purpose of this Resolution is for the City Council to adopt a modification to the
2017-2022 Transportation Improvement Program (TIP). The proposed modification is
to update a project for which the City was awarded $400,000 in design and
construction phase funding on by the Transportation Improvement Board (TIB), and to
add a new project for which the City was awarded $412,650 for design and
construction phase funding by WSDOT. The projects are required to be in the City’s
TIP consistent with the award in order to obligate the grant funds and proceed with the
project.
TIP#55, Auburn Way S Sidewalk Improvements, was newly programmed in the 2017-
2022 TIP. The 2017-2022 TIP was adopted on June 20th, 2016 and is proposed to be
modified now to reflect the secured grant award.
TIP#75, A Street SE Signal Safety and Traffic Operations, is a new project being
added to the TIP to reflect the secured grant award.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 175 of 194
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 176 of 194
RESOLUTION NO. 5 2 7 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AME:NDING THE 2017-2022 SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY
OF AUBURN PURSUANT TO CHAPTER 35.77 OF THE REVISED
CODE OF WASHINGTON
WHEREAS, the City is required to include projects on the Transportation
Improvement Program (TIP) in order to be eligible to apply for grant funds from
the Washington State Transportation Improvement Board and from WSDOT;
and
WHEREAS, pursuant to RCW 35.77.010, a public hearing to consider
amending the 2017-2022 Transportation Improvement Program for the City of
Auburn was held on March 6th, 2017 at the hour of 7:OD p.m. in the Council
Chambers of the Auburn City Hall, pursuant to notice published in the legal
newspape of the City of Auburn on February 26th 2017; and
WHEREAS, said amendment to the 2017-2022 Transportation
Improvement Program of the City of Auburn was approved by the City Council
by motion duly made and carried in said hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. There is attached hereto and denominated as Exhibit "A" and
the terms of which are incorporated herewith by reference as though fully set
Resolution No. 5272
March 1, 2017
Page 1
RES.A Page 177 of 194
forth, a designation of the streets within the corporate limits of the City of
Auburn to be improved in the manner therein set forth during the year set for
the improvement of such street or streets.
Section 2. That the City Engineer of the City of Auburn is hereby
directed to forward a certified copy of this Resolution to the Washington State
Department of Transportation for filing not more than thirty (30) days after the
adoption of this Resolution.
Section _3. That the IVlayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED this day of March, 2017
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danieile E. Daskam,
City Clerk
Resolution No. 5272
March 1, 2017
Page 2
RES.A Page 178 of 194
APPR D A TO FORM:
niel B. Heid,
City Attorney
Resolution No. 5272
March 1, 2017
Page 3
RES.A Page 179 of 194
City ofAuburn Transportation Imp,rovement Program
Six Year Trao sportation Improvement Plan
T9P# 55
ARTERIAL PRESERVATION'FUND(105}
ProjecYTitle: Auburn Way South(SR-164 dewalk Improvements STIP#AUB-oc
Project No: cp 000c
Projeet Type: Capacity
Projeet Manager:TBD LOS Corcidor ID#4
Description:
The project wil)construct missing sidewalks along both sides o ay S.. p e existing sidewalks currently end to the east of the intersection with 17th Street SE and
restart to the west of the intersection with Muckleshoot Plaza.The sid ;`alk g 'xtends forapproximately 1,700 feet.
Progress Summary:
Federal Grant funding was applied for in 2016.
Future Impact on Operating Budget:
There is no impact to the stceet maintenance budget.
Activity: 2016'YE Bud et Forecast Pro ect Costs
Funding:Sources: Prior to 2016 Estimate 201T 2018 2 0 2021 2022 Be ond 2022 Total Pro ect Cost
UnresMcted Street Revenue 52,000 238,000 290;000
Unsecured Federal Grant 208;000 952,000 1,160,000
Traffic lmpact Fees
Other
Total Funding Sources: 260;000 1,190,000 1,450,000
Capital Expenditures:
Design 260;000 260,000
Right of Way
Construction 1,190,000 1,190,000
7ota1 Ex enditures:260 000 1 190 000 1,450 000
Non-Motorized& Transit 7mprovement Projects 1
RES.A Page 180 of 194
Six Year Transportation Improvement Plan
TIP# 55
CAPITAL IRflPROVEMENT FUND(328)
Project Title: Auburn Way South(SR-164)Sidewalk Improvements STIP#AUB-xx
Project No: cp ocxxx
Project Type: Capacity
Project Manager. TBD LOS Corridor ID#4
Description:
The project will construct missing sidewalks along the north si of.Au ay S.The existing sidewalk currently ends to the east of the intersection with 17th Street SE
and restarts to the west of the intersection with Muckleshoot za. side gap extendsfor approximately 1,700 feet.
Progress Summary:
State grant funding was secured in 2016.
Future Impact on Operating Budget:
There is no impact to the street maintenance budget.
Activity: 2076 YE Budget Forewst Project Costs
Funding Sources: Prior to 2016 Estimate 2017 2018 9 0 2021 2022 Be ond`2022 Total Pro'ect Cost
Cap.Imp.Fund Balance
Secured State Grant(TIB) 77.000 323,000 400,000
REET 2 83,000 295,000 378,000
Other(102 Fund) 52,000 52,000
Total Funding Sources: 760,000 670,000 830,000
Capital Expendkures:
Design 160,000 160,000
Right of WaY
Construction 670,000 670,000
Total Ex nditures: 160 000 670 000 830 000
1RES.A Page 181 of 194
Six Year Transportation Improvement Plan
TIP#75ARTERiALSTREETFUND(102)
Project Title: A Street SE Signal Safety and Traffic Operations STIP#AUB-XX
Project No: CPXXXX
Project Type: Non-Capacity,Safety
Project Manager. TBD LOS Corridor ID#N/A
Description:
This project will improve intersection trafficsignal timing and operations,corrido coordination,traffic signat head visibility,and ADA accessibility along the A St SE Corridor
between 3rd St SE and East Val ey Highway Access Road.
Progress Summary:
Federal Grant was awarded in 2016. Design phase began in 2017 and constr is • uled for completion in 2018.This project is eligible for full funding for all project
phases obligated priorto August 31,2017.The unbalamced funds budgeted e v s ' ated costs is provided to coverthe potentia1.10%match that would be
required for phases that are obligated after that deadline.
Future Impact on Operating Budget:
There is no impact to the street maintenance budget.
ACt1YItyC 2016 YE Budget ForecasYProject Cost
Funding Sources: Prior to 2016 Estimate 2017 2018 2019 2020 2021 2022 Beyond 2022 TotaPPro'ect Cost
Un estricted Street Revenue 45,850 45,850
Secured Federal Grant 458,500 458,500
Traffic Impact Fees
REET2
Other
Total Funding Sources: 504,350 504,350
Capital Expenditures:
Design 103,300 103,300
Right of Way
Construction 355,200 355,200
Total Ex nditures: 458,500 458,500
RES.A Page 182 of 194
RES.APage 183 of 194
Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Auburn Way South (SR-164) Sidewalk ImprovementsSTIP# AUB-xxProject No:cpxxxxProject Type:CapacityProject Manager:TBDLOS Corridor ID# 4Activity:2016 YEFunding Sources:Prior to 2016Estimate201720182019202020212022Beyond 2022Total Project CostCap. Imp. Fund Balance- - - - - - - - - - Secured State Grant(TIB)- - 77,000 323,000 - - - - - 400,000 REET 2- - 83,000 295,000 - - - - - 378,000 Other(102 Fund)- - - 52,000 - - - - - 52,000 Total Funding Sources: - - 160,000 670,000 - - - - - 830,000 Capital Expenditures:Design- - 160,000 - - - - - - 160,000 Right of Way- - - - - - - - - - Construction- - - 670,000 - - - - - 670,000 Total Expenditures: - - 160,000 670,000 - - - - - 830,000 TIP# 55Description: The project will construct missing sidewalks along the north side of Auburn Way S. The existing sidewalk currently ends to the east of the intersection with 17th Street SE and restarts to the west of the intersection with Muckleshoot Plaza. The sidewalk gap extends for approximately 1,700 feet.Progress Summary:State grant funding was secured in 2016.Future Impact on Operating Budget:There is no impact to the street maintenance budget.BudgetForecast Project Costs1RES.APage 184 of 194
Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: A Street SE Signal Safety and Traffic OperationsSTIP# AUB-XXProject No:CPXXXXProject Type:Non-Capacity, SafetyProject Manager:TBDLOS Corridor ID# N/AActivity:2016 YEFunding Sources:Prior to 2016Estimate201720182019202020212022Beyond 2022Total Project CostUnrestricted Street Revenue- - 45,850 - - - - - - 45,850 Secured Federal Grant- - 458,500 - - - - - - 458,500 Traffic Impact Fees- - - - - - - - - - REET2- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources: - - 504,350 - - - - - - 504,350 Capital Expenditures:Design- - 103,300 - - - - - - 103,300 Right of Way- - - - - - - - - - Construction- - 355,200 - - - - - - 355,200 Total Expenditures: - - 458,500 - - - - - - 458,500 TIP# 75Description:This project will improve intersection traffic signal timing and operations, corridor coordination, traffic signal head visibility, and ADA accessibility along the A St SE Corridor between 3rd St SE and East Valley Highway Access Road. Progress Summary:Federal Grant was awarded in 2016. Design phase began in 2017 and construction is scheduled for completion in 2018. This project is eligible for full funding for all project phases obligated prior to August 31, 2017. The unbalanced funds budgeted below versus estimated costs is provided to cover the potential 10% match that would be required for phases that are obligated after that deadline.Future Impact on Operating Budget:There is no impact to the street maintenance budget.BudgetForecast Project CostRES.APage 185 of 194
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5288
Date:
February 22, 2017
Department:
Community Development &
Public Works
Attachments:
Resolution No. 5288
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5288.
Background Summary:
RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize TBDs to impose a sales and
use tax of up to 0.2 percent to fund transportation improvements within the TBD
subject to a simple majority approval vote by authorized voters within the boundaries
of the TBD, provided that the tax may not be imposed for longer than 10 years at a
time, except to repay debt.
The Transportation Benefit District Board has previously discussed the potential for
engaging in a substantive public education effort with the City of Auburn to provide
voters within the District factual and relevant information for a public vote for approval
of a 0.2 percent sales and use tax to fund significant transportation improvement
projects within the District. At its December 13, 2016, the Transportation Benefit
District Board reviewed and discussed three different schedules (12-months, 18-
months and 24-months) and identified its preference for the 18-months schedule. At
the December 13th meeting, the Board also discussed the potential for development
and execution of a Memorandum of Understanding (MOU) with the City of Auburn to
memorialize the desire of both entities to jointly work together on the aforementioned
public education effort including sharing of resources and costs, as applicable. At
their meeting on February 22, 2017, the Auburn Transportation Benefit District Board
approved the MOU under Resolution No. 2017-05.
The MOU affirms that the Auburn Transportation Benefit and the City of Auburn jointly
identify and agree that there is an obligation to engage in substantive efforts, prior to
any public vote on a 0.2 percent sales and use tax, to provide factual and relevant
information to ensure that voters make an informed decision. Further, the MOU affirms
that the Auburn Transportation Benefit District and the City of Auburn desire to jointly
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 186 of 194
work together on a public education effort to provide factual and relevant to ensure
that voters within the TBD are fully aware of the cost and benefits associated with the
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:March 6, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 187 of 194
RESOLUTION NO. 5 2 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING A
MEMORANDUM OF UNDER8TAIVDING WITH THE
AUBURN TRANSPORTATION BENEFIT DISTRICT
REGARDING A 0,2 PERCENT SALES AND USE TAX
WHEREAS, RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize
transportation benefit districts (TBD) to impose a sales and use tax of up to 0,2
percent to fund transportation improveinents within the TBD subject to a simple
majority approval vote by authorized voters within the boundaries of the TBD
provided that the tax may not be imposed for longer than 10 years at a time,
except to repay debt; and
WHEREAS, the TBD board has previousiy discussed the potential for
engaging in substantive public education effort to provide voters within the district
factual and relevant information for a public vote for approval of a 0:2 percent
sales and use tax to fund significant transpdrtation improvement projects within
the district; and
WHEREAS, at its December 13, 2016, meeting, the TBD board reviewed
and discussed three different schedules (12-months, 18-monfhs and 24-months)
and identified its preference for the 18-months schedule; and
WHEREAS, at the December 13, 2016, meeting, the Board also
discussed the potential for development and execution of a Memorandum of
Understanding (MOU) with the City of Aubum to memorialize the desire of both
entities to jointly work together on the aforementioned public education effort
including sharing of resources and costs, as applicable; and
Resolution No 5288
February 15, 2017
Page 1 of 8
RES.B Page 188 of 194
WHEREAS, the MOU affirms that the Auburn TBD and fhe City of Auburn
jointly identify and agree that there is an obligation to engage in substantive
efforts, prior to any public vote on a 0.2 percent sales and use tax, to provide
factual and relevant information to ensure that voters make an informed decision;
and
WHEREAS, further, the MOU affirms that the Auburn TBD and the City of
Auburn desire to jointly work togefher on a public education effort fo provide
factual and relevant to ensure that uoters within the TBD are fully aware of the
cost and benefits associated with the imposition of a 0.2 percent sales and use
tax.
NOW, THEREFORE, THE BOARD OF THE AUBURN
TRANSPORTATION BENEFIT DISTRICT HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is authorized to execute an
Memorandum of Understanding with the Auburn Transportation Benefit District
regarding the 0.2 percent sales and use tax, which MOU shall be in substantial
conformity with 4he MOU attached hereto as Exhib'it A and incorporated herein by
this reference.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Sec4ion 3. That this Resolu4ion shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 5288
February 15, 2017
Page 2 of 3
RES.B Page 189 of 194
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPR ED AS FORM;
el . He , 'orney
Resolution No. 5288
February 15, 2017
Page 3 of 3
RES.B Page 190 of 194
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GITY OF AUBURN, WASHINGTON
AND
THE AUBURN TRANSPORTATION BENEFIT DISTRICT
This Memorandum of Understanding (MOU) between the City of Auburn,
Washington ("AUBURN"), and the Aubum Transportation Benefit District ("TBD"), each
of whom is organized as a Municipal Corporation under the laws of the State of
Washington, is dated this_day of 201_.
WHEREAS, AUBURN is empowered to operate, maintain, construct, and
reconstruct, public street infrastructure wifhin its city limits in accordance with the
powers granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and
WHEREAS, pu suant to Ordinance No. 6377, AUBURN established the TBD whose
district boundaries are concurrent with the municipal boundaries of AUBURN and
authorized funding for any pu_rpose allowed by law including to operate the District and
to make transportation improvements consistent with existing state, regional, and local
t ansportation plans and necessitated by existing or reasonably foreseeable congestion
levels pursuant to Chapter 36.73 RCW; and
WHEREAS, RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize TBDs to impose
a sales and use tax of up to 0.2 percent to fund transportation improvements within the
TBD subject to a simple majority approval vote by authorized voters within the
boundaries of the TBD, provided that the fax tax may not be imposed for longer than 10
ye.ars at a time, except to repay debt; and
WHEREAS, the TBD previously identified at a duly advertised Decemb.er 13, 2016
special meeting its interest in exploring the presentation to authorized voters within the
TBD of a ballot measure for approval of a 0.2 percent sales and use tax in November
2018; and
Page 1 of 4
RES.B Page 191 of 194
N/HEREAS, the TBD and AUBURN identify and agree that there is an obligation to
engage in substantive efforts, prior to any public vote on a 0.2 percent sales and use tax
to provide fac.tual and relevant information to ensure that voters make an informed
decision; and
WHEREAS, AUBURN and the TBD desire to jointly work together on a public
education effort to provide factual and relevant to ensure that voters within the TBD are
fully aware of the cost and benefits associated with the imposition of a 0.2 percent sales
and use tax.
NOW, THEREFORE, the parties have entered into Memorandum of Understanding
to provide each other, the citizens of Aubum and the voters within the TBD transparent
understanding and awareness of how the two governmental entities virill work together
on a substantive public education effort on the costs and benefits of a 0.2 percent sales
and use tax prior to a public vote by authorized voters in the TBD in November 2018.
1. Joint Commitment to Provision of Factual and Relevant lnformation. Aubum and
TBD are jointly committed to the provision of only factual and relevant information.
Aubum and TBD obligate themselves and all others organizationally affiliated with them
to provide only factual and relevant information.
2. Joint Observance of Public Camoaian Laws. Auburn and TBD hereby obligate
themselves and their affiliates fo not engage in direct or indirect campaigning regarding
future voter consideration of a 0.2 percent s.ales and use tax and further obligate
themselves to fully observe and follow all local, state and federal laws, standards and
prac4ic.es as pertains to public organizations and public officials engaging in substantive
campaigning efforts to influence a vote in their respective roles as public organizations
and public officials.
3. Joint Resources and Costs for Public Education Efforts. AUBURN and TBD
agree to share resources and, where appropriate, costs, in the provision of factual and
relevant public information to assist Voters within the TBD in their decision-making for a
Page 2 of 4
RES.B Page 192 of 194
futurg public vote on a 0:2 percent sales and use tax. In all instances, AUBURN and the
TBD will provide the public with information on utilization of resources and sharing of
costs, where appropriate.
4. Non-Bindinq. This MOU is jointly entered into by AUBURN and the TBD, is non-
bind.ing on either party and is not a legal contract. The MOU is a voluntary recitation of
both parties' interest in working together to transparently provide the voting public in the
TBD with factual and relevant information prior to and leading up to a future vote
regarding the approval of 0.2 percent sales and use tax.
5. Term. This MOU shall be in place until such time that a public vote on a 0.2
percent sales and use tax takes place and/or Auburn and the TBD jointly agree that it is
no longer needed relevant to its intended purpose.
6. Waiver of Counsel Conflict. Although fhe interests of the Gity of Auburn and the
Auburn Transporta4ion Benefit District are generally consistent, it is recognized and
understoo.d that differences may exist or become evident during the course of legal
representation. Notwithstanding these possibilities, the City of Auburn and the Aubum
Tr.ansportation Benefit District, have determined that it is in their individual and mutual
interests to have a single legal counsel represent them jointly in connecfion with fhis
Memorandum of Understanding, as well as any Memorandum of Agreement,
Agreement; Contract o Interlocal Agreement between the partie.s. Accordingly, this
confirms understanding and agreement of the City of Auburn and the Auburn
Transportation Benefit District that Daniel B, Heid may represent them jointly in
connection with the matters with which they are jointly involved, unless expressly stated
to the contrary. This will also confirm that the City of Aubum and the Auburn
Transportation Benefit District have each agreed to waive any conflict of interest arising
out of, and that each will not object fo, representa4ion by Daniel B. Heid of each other in
the matter described herein. It is further understood and agreed that Daniel B. Heid may
freely convey necessary informa4ion provided to him by e.ifher City of Aubum or the
Aubum Transportation Benefit District, and that there will be no secrets as beiween City
Page 3 of 4
RES.B Page 193 of 194
of Auburn and the Aubum Transportation Benefit District unless both expressly agree to
the contrary:
7. Effective Date. This Memorandum of Understanding shall be effectiVe upon the
last authorizing signature affixed hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first
written above.
CITY OF AUBURN AUBURN TRANSPORTATION
BENEFIT DISTRICT
Nancy Backus, Mayor ncy Backu , DChairperson
APP ED O FORM:
Daniel B. He , ity A orney
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