ORDINANCE NO. 1077

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF BONNEY

LAKE RECLASSIFYING ZONE FOR PROPERTY LOCATED AT 9601

192ND A VENUE EAST FROM MEDIUM-DENSITY RESIDENTIAL (R-

2) TO COMMERCIAL (C-2) PURSUANT TO BLMC 18.52.030

WHEREAS, the property owner requests a zone reclassification for a property utilizing the transitional rezone provision within the Comprehensive Plan in order to establish a commercial deveFlopment, and

WHEREAS, the City of Bonney Lake Comprehensive Plan has designated the proposed zoning reclassification area as Medium-Density Residential (R-2); and

WHEREAS, following a Public Hearing on October I, 2004, the City of Bonney Lake Hearing Examiner issued a report and decision on October 19, 2004 recommending that the Bonney Lake City Council approve the request for a restricted transitional zone reclassification from R-2 to C-2, subject to conditions; and

WHEREAS, the granting of the zone reclassification does not constitute approval of any required site development or building permits; and

WHEREAS, the proposed zoning reclassification is found to be in compliance with the criteria for reclassifications established in BLMC 18.52.030; and

WHEREAS, the Bonney Lake City Council has determined that the interests of the people of the City of Bonney Lake will be best served if said property is reclassified from R-2 to C-2, consistent with the City of Bonney Lake's Comprehensive Plan;

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:

Section 1. The City Council hereby adopts the Report and Decision of the Bonney Lake Hearing Examiner as the City Council's findings in this matter.

Section 2. The real property described and depicted on Exhibit 'A' attached hereto and incorporated herein by reference, is hereby rezoned from Medium-Density Residential (R-2) to Commercial (C-2).

Section 3. Permitted commercial uses for this property will be in accordance with Chapter 18.26 BLMC with the exception of elementary schools, entertainment facilities such as bowling alleys, skating rinks, pool halls, arcades, theaters, public utility facilities, adult entertainment facilities, ambulance services, hospitals, liquor stores, restaurants including drive-in restaurants other than espresso stands, cocktail lounges, and taverns, veterinary clinics, animal hospitals, and pet grooming are not allowed on this site and these restrictions and reference to this ordinance will be recorded on the title of the property.

Section 4. This ordinance concerning administrative, not legislative, matters, and powers vested

solely in the Council, it is not subject to referendum, and shall take effect after its passage and five days

after its publication as required by law.

APPROVED AND ADOPTED THIS 23th da of

AITEST:

APPROVED AS TO FORM: ----

Passed: November 23,2004 Valid: November 23,2004 Published: November 26, 2004 Effective Date: December 1, 2004

Pierce County Assessor-Treasurer ePIP

Pierce County Assessor-Treasurer

electronic Property Infonnation Profile (e-PIP) .- -

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Pierce County Home Assessor-Treasurer Home Parcel Search Recorded Documents Permits

Summary Taxes/Values Land Buildings Sales Map

Parcel Summary for 4910000012

� Ar [(en Mad: �:�t:!:':'UI T

09/23/

iTaxpayer Details ·'1------ - - ---------

I Property Details II Parcel Number: 4910000012 I Taxpayer Name: QUALEY PAUL W & DELORES M

I tMalling Address: 6008 184TH AVE E I Site Address: 9601 192ND AV E l

__

_ BONNEY LAKE WA 98390-8879 Account Type: Real Property Category:

� Use Code:

Land and Improvements

1155-MH TITLE EUM

i Appraisal Details TaxI Assessment jvalue Area: PI Year 2 Current Tax Year:

lAppr Acct Type: Residential Taxable Value:

I Business Name: J iAssessed Value: t. ___ . ___ �. __ . _____ ., ••. __ _ ., _____ _ •• _ . _________ �_. ___ � __ ._. __ .� __ ._._� _ _________ �_._ � ___ . ______ _ " . __ . __ ._�, _ .

. _. - ---- --� --- . . - ----- -_ .. -._---- -.... --�- - �- -- .------ ---_.----. ,----- -�----------. --.- _ .- ---

i Related Parcels ;Group Account Number: n/a i Moblle/MFG Home and Personal Property n/a i parcel(s) located on this parcel:

i Real parcel on which this parcel is located: n/a

[Tax Description

2005

121,900

121,900

iSectlon 04 Township 19 Range 05 Quarter 12 KELLY CREEK HEIGHTS: KELLY CREEK HEIGHTS NW OF NE 04-19-05E I '31,517 SQ FT OUT OF 001-1 SEG L0148 8/16/99MD T/E 1993 FLlWD LAKE POINTE S#RFLN48A1584LP 27X40 (P500e 105-01 �--. - - ---_ .. _. -----------_._--------_._--

J acknowledge and agree to the prohibitions listed In RCW 42.17.260(9) against releasing and/or using lists of indlvi( commercial purposes. Neither Pierce County nor the Assessor-Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this Information may not be current or ( person or entity who relies on any Information obtained from this system, does so at their own risk. All critical Information shou Independently verified.

Pierce County Assessor-Treasurer Ken Madsen

2401 South 35th St Room 142 Tacoma, Washington 98409

(253)798-6111 or Fax (253)798-3142 www.piercecountywa.org/atr

(c) 2004 Pierce County Assessor-Treasurer

, • , ""TT\I ___ • ______ • -�_'l�n��"'l-AOl nnnn(Il" 9/23/2004

Pierce County Assessor-TreasUTP-f ePIP

Pierce County Assessol'-Treasurer

electronic Property Infonnation Profile (e-PIP)

Pierce County Home Assessor-Treasurer Home Parcel Search Recorded Documents Permits

Summary Taxes/Values Land Buildings Sales Map

Parcel Map for 4910000012

Taxpayer Details Q va. \ej �C\.U \ Taxpayer Name: .......... iI .. . Mailing Address: 9601 192ND AVE E

BONNEY LAKE WA 98390

Zoom Level: [3B tM.!,iI

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For addItIonal mappIng options, visit Map Your Way

4910000040

4910000050

Property Details

Parcel Number: 4910000012

Site Address:

Account Type:

Category:

Use Code:

0520334023

9601 192ND AV E

Real Property

Land and Improvements

1155-MH TITlE EUM

08/18/

I acknowledge and agree to the prohibitions listed In RCW 42.17.260(9) against releasing and/or using lists of indivic commercial purposes. Neither Pierce County nor the Assessor-Treasurer warrants the accuracy, reliability or timeliness of any In1 system, and shall not be held liable for losses caused by using this Information. Portions of this Information may not be current or i

person or entity who relies on any Infonnatlon obtained from this system, does so at their own risk. All critical Information sholl Independently verified.

, . I �TT"IIo'

Pierce County Assessor-Treasurer 2401 South 35th St Room 142

Tacoma, Washington 98409 (253)798-6111 or Fax (253)798-3142

,.. n_ .. .. .. . t An.""r.""11"\ 0/10''''''''1

CASE NO.:

APPLICANT:

OFFICE OF THE HEARING EXAMINER

CITY OF BONNEY LAKE

REPORT AND DECISION

QUALEY REZONE

Paul Qualey 6008 184lh Avenue East Bonney Lake, WA 98390

SUMMARY OF REQUEST:

The applicant submitted a rezone application to the City of Bonney Lake on February 19, 2004. The proposal is to rezone .72 acres from Medium Density Residential (R-2) to Commercial (C-2). The project site is located at 9601 192nd Avenue East.

SUMMARY OF DECISION:

It is hereby recommended to the Bonney Lake City Council that the requested rezone from R-2 to C-2 for a site located at 9601 192nd Avenue East should be approved.

PUBLIC HEARING:

After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows:

The hearing was opened on October 1, 2004, at 9:01 a.m.

Parties wishing to testify were sworn in by the Examiner.

The following exhibits were submitted and made a part of the record as follows:

EXHIBIT " 1 " - Planning and Community Development Staff Report and Attachments

ELIZABETH CHAMBERLAIN appeared, presented the Planning and Community Development Staff Report, and explained the request and the 300 foot limit. The triangular shaped parcel is across 192nd Avenue from the Wal-Mart entrance. The rezone request meets all criteria and will not change the character of the neighborhood. Staff will consider

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rezone requests from property owners to the south on a case by case basis. The environmental official issued a DNS on August 4, 2004, and received no comments or appeals. She recommended a condition which limits the commercial uses on the site. No use will be approved which generates late night traffic. The applicant must record the limitation on the title.

PAUL QUALEY appeared and testified that he has resided in Bonney Lake for more than 20 years. He has owned a bike shop since 1 991 and has operated it from the same location since 1995. He has searched, but has found no other property available for his shop in the City. Rental prices keep going up and he needs a significant amount of square footage for his bicycles. Acquisition of the parcel and this rezone provide a way for him to stay in the City forever. Two residential duplexes abut the south property line, but he will install landscaping to provide a vegetative buffer. He also proposes only a small building as compared to the doublewide mobile home which presently occupies the site. He has no questions or concerns regarding conditions of approval. His business creates only minimal traffic. His hours of operation are 9:00 a.m. to 6:00 p.m. on Saturday, 10:00 a.m. to 7:00 p.m. Monday through Friday, and 11 :00 a.m. to 5:00 p.m. on Sunday.

No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:1 4 a.m.

NOTE: A complete record of this hearing is available in the City of Bonney Lake Planning and Community Development.

FINDINGS, CONCLUSIONS AND DECISION:

FINDINGS:

1 . The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement.

2. Pursuant to the State Environmental Policy Act (SEPA) and City of Bonney Lake Environmental Regulations, as codified in BLMC Title 16-Environmental Protection, the SEPA Responsible Official has issued a Determination of Nonsignificance (DNS).

3. Appropriate notice was provided pursuant to City of Bonney Lake Municipal Code.

4. The applicant has a possessory ownership interest in a triangular, .72 acre parcel of property abutting the west side of 192r1d Avenue East immediately south of its intersection with SR-410. The parcel is presently located in the Medium Density Residential designation of the Bonney Lake Comprehensive Plan and the Medium Density Residential (R-2) zone classification of the Bonney Lake Municipal Code

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(BLMC). The applicant requests a site specific zone reclassification for the parcel to Commercial (C-2),

5. The Bonney Lake City Council recently adopted an amendment to the comprehensive plan which confirmed that the plan's Future Land Use Map (FLUM) is not inte nded to establish rigid lines separating various use categories, but is instead a generalized map showing spacial relationship of various uses. Approval of the zone reclassification will allow the applicant to locate his bicycle shop on the

site.

6. The triangular parcel has its greatest width along 192nd Avenue and reduces to a point at its west property line. Development must occur in the eastern portion of the site near 192nd Avenue. Abutting uses include a commercial building with multiple tenants to the north and a Jiffy Lube and Wal-Mart to the east across 192nd Avenue. The main Wal-Mart driveway accesses 192nd Avenue opposite the site. A lot improved with two residential duplex structures abuts the south property line and a triangular lot improved with a single family residential dwell ing is located to the southeast of the parcel across 192nd Avenue. A Target store is presently under construction on the north of SR-41 0 opposite the site.

7. Parcels to the north and east are located within the C-2 zone classification and parcels to the south and southeast are within the R-2 classification. Parcels abutting the south and north property lines come together to form the west property line.

8. The Land Use Element of the Bonney Lake Comprehensive Plan anticipates that commercial uses will continue to congregate along SR-410. Goal 2-2 of the Commercial Land Use Element requires the City to meet community needs and expand em ployment by providing land for compatible, convenient, commercial developmen t. Policy 4-8B reads:

Encourage "deep-lot" commercial development. That is, encourage development projects to include or coordinate with commercially zoned land further back from SR-410 rather than form a narrow commercial strip.

A narrow commercial strip presently exists along SR-410 to the north of the parcel. Rezoning the parcel for commercial uses will implement Policy 4-8B by encouraging commercial development "further back from SR-410' on a parcel signif icantly impacted by major retail commercial uses . The lot will provide an extension of the existing narrow strip mall abutting the north property line. Policy 4�8C requires adequate public services and both City water and sewer are available to serve the site,

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9. Goal4N14 of the comprehensive plan promotes functional and visual compatibility between adjacent land uses, and Policy 4-14 encourages the avoidance of abrupt transitions in intensity and scale of development. The proposal for a low intensity bicycle shop adjacent to a strip mall and across 192nd from Wal-Mart and Jiffy Lube provides a transitional use between the duplex development to the south and the single family residential dwelling to the southeast.

10. Policy 4-14C of the comprehensive plan sets forth three considerations for protection of areas of land use transition. The proposed zone reclassification satisfies all three criteria as the applicant proposes a reasonable movement of the commercial zone to the south in accordance with the goals and pOlicies of the comprehensive plan. Policy 4-14C limits the transitional line to 300 feet from a commercial zone except in extraordinary circumstances. The applicant's parcel abuts a commercial zone and does not extend more than 300 feet therefrom. The parcel does not intrude into a developed residential neighborhood, and the applicant proposes to buffer the duplexes and single family residential dwelling.

11. The magnitude of change to the commercial area adjacent to SR-410 is not significant and will not change the basic residential character of the area to the south. The zone reclassification will not establish a precedent for continued change to the south along 192nd Avenue East. As previously found, Wal-Mart has a major access onto 192nd directly across from the subject site, and the view from the applicant's parcel is of a long, commercial street.

CONCLUSIONS:

1 . The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request.

2. The applicant has established that the request for a zone reclassification for the triangular, .72 acre parcel from Medium Density Residential (R-2) to Commercial (C-2) is consistent with the Bonney Lake Comprehensive Plan and Bonney Lake Municipal Code. Conditions of approval hereinafter will ensure proper buffering and screening, and the limitation of uses which the applicant will record on the title to the parcel will ensure continued compatibility of uses in the area.

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RECOMMENDA TlON:

It is hereby recommended that the Bonney Lake City Council approve the zone reclassification for the .72 acre, triangular parcel located at 9601 192nd Avenue E. from Medium Density Residential to Commercial.

ORDERED this 19'" day of October, 2004 . � c: . &AUSSEAUX. JR

Hearing Examiner

TRANSMITTED this 19th day of October, 2004, to the following:

APPLICANT:

OTHERS:

Lauren Tuggle

Paul Qualey 6008 184th Avenue East Bonney Lake, WA 98390

9605B 192nd Avenue E.

CITY OF BONNEY LAKE Planning and Community Development Department P.O. BOX 7380 19306 BONNEY LAKE BLVD. BONNEY LAKE, WA 98390-0944

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Bonney Lake, WA 98390

CASE NO. QUALEY REZONE

NOTICE

Pursuant to City of Bonney Lake, th is decision becomes final and conclusive on_

November 2. 2004 , unless:

1. RECONSIDERATION: Any aggrieved person feeling that th e decision of th e

Examiner is based on errors of procedure or errors of misinterpretation of fact may make

a written request for review by the Examiner in writing and filed not later than 5:00 p.m. on

October 28, 2004 • with the Planning and Community Development Department. This

request shall set forth the alleged errors or misinterpretations, and the Examiner may, after

review of th e record, take such further action as he deems proper and may render a

revised decision.

2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner

on any land use matter within his jurisdiction may be appealed to th e City Council by any

aggrieved person directly affected by the Examiner's decision. Said appeal procedure is

as follows:

(a) The appellant must file written notice of appeal with the Planning Department

in writing with an appeal fee as required by th e Department not later th an 5:00 p.m. on_

November 2. 2004.

(b) Provided that if the Examiner was requested to reconsider the decision, then the

appeal must be filed within fourteen (14) days of the mailing of the Examiner's final order

or decision on the reconsideration report. The notice of appeal shall concisely specify such

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error and/or issue which the City Council is asked to consider an appeal.

NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration or an appeal, please attach this page to the request or appeal.

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80 N N EYLA It{ E .. � Planning & Community Development Deparlment

Staff Report to City Council

I. INTRODUCTION

This rezone application is the first to be processed following the adoption of a Comprehensive Plan amendment acknowledging that the Future Land Use Map should not establish rigid lines separating various use categories. Instead, the FLUM is viewed as a generalized map showing spatial relationship of various uses. Rigid lines separating the various uses are drawn on the City's Official Zoning Map. The attached "Review Criteria" sheet (Attachment 3) briefly describes the concept and the process for determining whether an application for change of zoning will be processed in a transitional area. Also attached is the "Director Findings" related to the Qualey rezone application (Attachment 4).

Paul Qualey submitted a rezone application to the City of Bonney Lake on February 19, 20D4. The proposal is to rezone .72 acres from Medium Density Residential (R-2) to Commercial (C-2).

The site is located at 9601 192"d A venue East which is south of State Route 41 D. Wal-MartiMarket at Lake Tapps is east of the proposed site and a commercial strip mall development is adjacent to the site. A complete legal description is attached to this report as Attachment 1.

II. HEARING EXAMINER RECOMMENDATION

Based on the evaluation of the proposal contained in this staff report, examining available information on file, and holding a public hearing, the Hearing Examiner recommends to the Bonney Lake City Council that the requested rezone from R-2 to C-2 for a .72 acre parcel located at 9601 192"" Avenue East be approved (Attachment 5).

III. GENERAL INFORMATION

Applicant: Paul Qualey 6008 184'h Avenue East Bonney Lake, W A 98390

Property Owner: Paul Qualey

Project Name: Qualey Rezone

Location: 9601 192"d Avenue East Parcel Number: 4910000012

Cnrrent Zoning: Medium-Density Residential (R-2)

Comprehensive Plan Land Use: Medium Density Residential

Site Acreage: .72 Acres

Environmentally Sensitive Areas: None

BON N EVLAKE �l'lanning & Community Development Department Staff Report to City Council

Date of Application: February 19, 2004

Date Determined Complete: March 11, 2004

Public Notice of Application: March 26, 2004

Pubic Notice of Public Hearing:

Public Hearing Date:

September 17, 2004

October 1, 2004

IV. PROJECT BACKGROUND

This application proposes to rezone property to ultimately allow for commercial development of the land, The subject property is in a commercially developed area with Wal-MarUMarket Lake Tapps to the east and a small commercial strip center contiguous to the north and Target (under construction) north of SR 410, Surrounding zoning includes medium density residential (R-2) and Commercial (C-2).

The site currently is developed with one single family residence.

V. SEPA THRESHOLD DETERMINATION

Pursuant to the State Environmental Policy Act (SEPA) and City of Bonney Lake Environmental Regulations, as codified in BLMC Title 16-Environmental Protection, the SEPA Responsible Official has issued a Determination of Non-Significance (DNS). The Official has determined that the proposed zoning of Commercial (C-2) is consistent with the intent of the adopted Comprehensive Plan future land use map that land use designations are meant to be gradations not precise edges. In summary, the proposed rezone does not pose new probable significant adverse impacts on the quality of the environment. The DNS is attached to this report at Attachment 2.

V. COMMENTS FROM OTHER AGENCIES

Other agencies have reviewed the project as part of the Notice of Application/SEPA process. Tacoma-Pierce County Health Department

• The health department commented in regards to septic systems, demolition of buildings, and wells.

Comment: The city acknowledges the comments received from the health department. The comments provided relate to actual development and will be addressed when the site applies for commercial application.

VI. PUBLIC COMMENT ON APPLICATION

80 N N EYILA K E . . . � Planning & Community Development Department

Staff Report to City Council

1. The City did not receive any public comment during the notice of application public comment period of fifteen (15) days. As of date to this report the city has not received any public comment.

VII. STAFF ANALYSIS

A. Current and Planned Uses of the Site

The proposed rezone site consists of . 72 acres, located at 9601 192'" Avenue East. The current zoning is R-2, Medium Density Residential and the Bonney Lake Comprehensive Plan designation is R-2, Medium Density Residential. With the recently adopted future land use map land use designations are not meant to be precised edges but gradations 300 feet wide. Adjacent zoning the subject site is Commercial (C-2). A single family residence exists on site. The site is bordered on the east by 192'''' Avenue East and Wal-Mart/Market at Lake Tapps, to the north by commercial development and State Route 410, and residential to the south.

The development proposal for the rezone site is a retail bicycle shop with associated parking and landscaping.

Land Use Comprehensive Plan North - Commercial development Right-of-way and Commercial (strip mall) and State Route 410. West -Pie shaped property, N/A nothing directly west East-I92"" Avenue East and Wal- Right-of-way and Commercial Mart/Market at Lake Tapps South -Residential Medium Density Residential (SFR, duolexes, mobile homes)

B. BONNEY LAKE COMPREHENSIVE PLAN

1. Land Use Element

Commercial Land Use

Bonnev Lake Zonin!! Commercial (C-2)

N/A

Commercial (C-2)

Medium Density Residential (R-2)

Commercial land uses fill the daily retail and service needs of the community. They also provide job-creating officcs, light industry, and warehousing. These land uses will continue to congregate along SR 410. The Land Use Element establishes two commercial designations: Commercial and Combined Commercial/Warehousing/Light Manufacturing.

Goal 2-2: Meet community needs and expand employment by providing land for compatible, attractive, convenient commercial development. Policy 4-8b: Encourage "deep-lot" commercial development. That is, encourage development projects to include or coordinate with commercially zoned land further back from SR 410 rather than form a narrow commercial strip Policy 4-8c: Provide adequate public services. Require new development to connect to the sewer system. Policy 4-8e: Allow carefully sited neighborhood-scale retail and service businesses within residential areas. Policy 4-8g: Require design review for commercial, office, and industrial structures to promote the vision of Bonney Lake.

80 N N EYLA K E :/�-Planning & Community Development Department

Staff Report to City Council

Policy 4-8i: Require that commercial areas accommodate pedestrians and public transit.

Comment: The transitional rezone request encourages the concept of "deep lot" commercial development. The pie shape of the lot acts as an extension of the existing strip mall, which is adjacent to the subject site, Water and sewer are available to the site, The existing 10" sewer line extends south of the subject site by approximately two parcels, When development occurs on this site a latecomer fee will be applied. Water mains exist along the frontage of the property.

The ultimate goal of the project is to develop the subject site as a retail bicycle shop, which is neighborhood scale retail and service business. Any commercial development of this site is subject to design review. The subject site is accessible to public transit. There are Pierce Transit stops located along SR 410 in front of the Jiffy Lube site (east bound direction) and across the street at the new 192"d Avenue East extension (west bound direction).

Land Use Transitions The Future Land Use Map attempts to separate high-impaet land uses from sensitive land uses. This section further ensures compatibility by governing transitions between dissimilar land uses.

Goal 4-14: Promote fnnctional and visnal compatibility between adjacent land uses. Policy 4-14a: Avoid abrupt transitions in intensity and scale of development between different uses. Policy 4-l4c: Ensure protection of areas of land uses transition by the following:

• Recognize that lines separating commercial and other land use designations on the Future Land Use Plan Map are not intended to be precise lines reflected on the Zoning map, and that consideration can be given to reasonable movement of these lines for purposes of zoning;

• Except where extraordinary circumstances can be demonstrated, such areas of transition between eommercial and other land use designations shall not exceed a distanee of more than 300 feet in a single direction from the transitional line shown on the Future Land Use Map;

• Except for situations where a developed residential parcel or lot is already adversely impacted by adjacent commercial or manufacturing development, an area of transition shall not be allowed to intrude into a developed residential neighborhood. In cases where adverse impacts are indicated, consider approval of a transitional zone change only when the change will include assurance of acceptable buffering of the adjacent residential neighborhood;

Comment The transition rezone area consists of one residential lot containing approximately 31,517 square feet. The lot is pie-shaped, with the greatest frontage on 192'''' Avenue East and tapering to a point at its west end. The magnitude of change is not significant in the context of a commercial zone and will create a more viable commercial zone than currently exists on commercial property contiguous to the north.

The proposed lot for rezone is adversely impacted by the uses and circulation patterns currently existing on the commercially zoned and developed areas to the east and north. This particular site is in the direct path of the traffic coming and going to the Market at Lake Tapps/Wal-Marl. The frontage road that serves these developments empties onto 192"" Avenue East directly across from the subject site. A single family residence is located across 192"" Avenue East south easterly of the subject site. This residence is separated from the subject site by 192"" Avenue East, is screened from

BO N N EYLA K E,� Planning & Community Development Department Staff Report to City Council

view and can be further screened by measures take to mitigate impacts during the development review phase of site development.

Pursuant to the BLMC screening and landscaping requirements will be applied during the site development review phase of the project along with considerations that can be applied as mitigation to adverse impacts. Commercial zoning can be achieved without compromising the adjacent and nearby residential uses. A rezone of the site, with BLMC screening and fencing requirements being carefully applied, can solidify a "statement of transition" between the commercial and residential zoning districts.

C. BONNEY LAKE MUNICIPAL CODE: TITLE 18 ZONING

18.16 R-2 Medium-Deusity Residential District and 18.26 C-2 Commercial District While the current zoning of the site is Residential-Medium Density (R-2), the Comprehensive Plan allows for a transitional rezone if certain criteria are mel. Per BLMC 18.16 R-2 and BLMC 18.26 C-2, the following bulk and dimensional standards apply in each of these zones.

Regulation Medium Density (R-2) Commercial (C-2) Density 5 to 9 units per acre 20 units per acres

8,600 square feet for single family residence; 10,000 square

Minimum lot area feet for duplex None Minimum lot width 55 feet None

20 feet from right-of-way line. If front SR 410 then 55 feet from

Minimum front setback 20 feet from right-of-way line right-of-way line None. Landscaping

5 feet, with a total 1 5 feet requirements drive building Minimum side yard required for both side yards envelope.

None. Landscaping requirements drive building

Minimum rear setback - residence 20 feet envelope. Minimum rear setback, garage or accessory building 10 feet N/A Maximum height 35 feet above foundations 35 feet above foundations

2 spaces for each individual Off street parking dwelling unit Based on type of use. Maximum lot coverage by impervious surfaces 60% 90%

Chapter 18.52 Permits and Amendments 18.52.030 (A) The purpose of rezones is to amend the zoning map to better implement the comprehensive

plan. 18.52.030 (E) The criterion for granting rezones shall be conformance to the comprehensive plan.

Comment:

BO N N EYILA K E .• � Planning & Community Development Department Staff Report to City Council

The site is currently zoned R-2 Medium Density Residential and the comprehensive plan land use designation is R-2 Medium Density Residential. However through the transitional rezone process outlined earlier in the staff report allows for properties within 300 feet of a commercial zone to rezone to commercial if certain criteria are met.

D. BONNEY LAKE SEWER COMPREHENSIVE PLAN At the time the Sewer Comprehensive Plan was developed, the City's land use map had not been updated since issuance of the 1995 Comprehensive Plan For purposes of estimating future wastewater flows for the Sewer Comprehensive Plan, estimates were made of probable development levels consistent with natural topographic features and current zoning within the City of Bonney Lake. However, the November 1996 Amendment to the Sewer Comprehensive Plan uses the Land Use designations presented in the City's Comprehensive Plan for estimating development densities to determine and plan for future capacity.

Comment: A 10" sewer line exists along the frontage of the subject site and ends approximately two parcels south of the subject site. The sewer line is adequately size to handle the commercial development of this site. When the site develops a latecomer fee will be collected at the time of building permit issuance.

E. BONNEY LAKE COMPREHENSIVE WATER SYSTEM PLAN

Water Service Area Growth Projections: A range of projections were made to approximate the high, medium and low growth rates that may be experienced over a 20-year period. The medium forecast is based on projections made utilizing the City's Comprehensive Plan, and these numbers are used to size and schedule future improvements.

Comment: A 12" water main exists to the mid point of the subject site. The water main decreases to an 8" steel pipe water main. Commercial fire flow standards are 2,500 gallons per minute (gpm) for duration of 2 hours. A 12" water main can provide that fire flow whereas an 8" line could have some difficulty providing the necessary fire flow requirement. As part of the commercial development of the site a certificate of water availability will be required and analysis of the water system will be conducted then as to whether the 8" water main will need to be upgraded.

F. GROWTH MANAGEMENT ACT

The Growth Management Act of 1990 (GMA) and its continuous amendments mandates in a very real sense what local government can and can't do with regard to developmcnt inside the corporate limits. GMA encourages compact growth in urban areas where services and facilities are or will bc available.

Comment: Public services and facilities are available to the subject site. The transitional rezone request does not facilitate sprawl but rather adds a neighborhood retail and service establishment. The surrounding zoning is a mixture of medium density residential and commercial. The site fronts 192'''' Avenue East and is directly across from the frontage system that supports the Market at Lake Tapps and Wal-Mart. By rezoning this site to commercial this creates a site better utilized by commercial development.

80 N N EYLA K E\� Planning & Community Development Department

Staff Report to City Council

Concurrency requires that adequate public facilities and services be provided at the time growth occurs. Thc GMA directs growth to areas already served or readily served by public facilities and services. It also requires that when public facilities and services cannot be maintained at an acceptable level of service, new development should be prohibited.

Comment: Adequate public facilities and services are provided for this site. Water and sewer are available within 192"d Avenue East. Possible upgrades to the water system may bc required for the commercial development of the site. Sewer exists along the frontage of the site but a latecomer fec is attached to the parcel. When the site develops the latecomer fee will be collected at building permit issuance. Public transit is available for the site as Pierce Transit stops are located within close proximity to the subjcct site.

HEARING EXAMINER CONCLUSIONS:

1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for a zone reclassification for the triangular, .72 acre

parcel from Medium Density Residential (R-2) to Commercial (C-2) is consistent with the Bonney Lake Comprehensive Plan and Bonney Lake Municipal Code. Conditions of approval hereinafter will ensure proper buffering and screening, and the limitation of uses which the applicant will record on the title to the parcel will ensure continued compatibility of uses in the area.

ATTACHMENTS:

1. Legal description of subject property and rezone map. 2. Determination of Non-Significance, dated August 18, 2004. 3. Review criteria for zone change in a transitional area. 4. Director's Findings for zone change in a transitional area, dated June 30, 2004. 5. Hearing Examiner Recommendation to City Council, dated October 19, 2004.

Del!artmentlStaff Contact: Elizabeth Chamberlain, Associate Planner Ordinance Number: 1077

City of Bonney Lake, Washington Council Agenda Bill (c'A.B.) Approval Form

Council Meeting Date: Agenda Item Number November 23, 2004 AB04-262

Resolution Number: Council member Sl!onsor:

BUDGETINFORMATON

2004 Budget Amount Reguired EXl!enditure Iml!act Remaining Balance NA EXl!lanation:

Agenda SUbject: Qualey Rezone

Administrative Recommendation: Approve the Qualey Rezone; transitional zone reclassification from R-2 Medium Density designation to C-2 Commercial designation.

Background Summary:

This rezone application is the first to be processed following the adoption of a Comprehensive Plan amendment acknowledging that the Future Land Use Map should not establish rigid lines separating various use categories. Instead, the FLUM is viewed as a generalized map showing spatial relationship of various uses. Rigid lines separating the various uses are drawn on the City's Official Zoning Map. The attached "Review Criteria" sheet (Attachment 10) briefly describes the concept and the process for determining whether an application for change of zoning will be processed in a transitional area. Also attached is the "Director Findings" related to the Qualey rezone application (Attachment II).

Paul Qualey submitted a rezone application to the City of Bonney Lake on February 19,2004. The proposal is to rezone .72 acres from Medium Density Residential (R-2) to Commercial (C-2).

The site is located at 960 I 192'· Avenue East which is south of State Route 410. Wal-MartlMarket at Lake Tapps is east of the proposed site and a commercial strip mall development is adjacent to the site.

A public hearing was held on October 1,2004 before the Hearing Examiner. The Hearing Examiner issued a recommendation on October 19,2004 to the City Council to approve the rezone request.

Council Committee Dates: Agency/Commission Dates: Board/Hearing Examiner Dates:

Finance Committee: Planning Agency : Park Board:

Public Safely Committee: Hearing Examiner: October I, 2004

CommunilY Development & Planning Design Commission:

Committee:

Council Workshop: November 16,2004 Civil Service Commission:

Council Action'

Council Call for Hearing: Council Hearings Date:

Council Referred Back to: Workshop: Committee Council Tabled Until: Council Meeting Dates:

Date City Attorney reviewed