CITY OF BURIEN, WASHINGTON

ORDINANCE NO. 476

AN ORDINANCE OF THE CITY OF BURIEN, WASHINGTON, Relating to 2007 Comprehensive Plan AMENDMENTS, Amending the Comprehensive Plan AND PROVIDING FOR SEverABILITY and ESTABLISHING an effective date.

            WHEREAS, the City Council adopted the Comprehensive Plan of the City of Burien on November 17, 1997, as required by the Growth Management Act ("GMA") of 1990, as amended, and also adopted the Comprehensive Plan pursuant to RCW Chapter 35A.63; and

            WHEREAS, the City Council adopted Resolution No. 266 on July 2, 2007, which established the docket of possible Comprehensive Plan amendments to be considered as part of the City’s annual amendment package; and

            WHEREAS, public notice was provided and the City of Burien Planning Commission held a public hearing on October 9, 2007 on the proposed amendments; and

            WHEREAS, the City Council has received recommendations from the Planning Commission regarding the proposed amendments; and

            WHEREAS, public notice was provided and the City Council held a public hearing on November 5, 2007, to receive citizens’ comments on the proposed amendments; and

            WHEREAS, the City Council held public meetings on October 22, November 5, November 26, December 3 and December 17, 2007 to discuss the proposed amendments; and

            WHEREAS, the City of Burien has complied with the requirements of the State Environmental Policy Act and the City Environmental Procedures Code; and

            WHEREAS, based on careful consideration of the facts and law, including without limitation, the King County Countywide Planning Polices, public testimony and the records and files on file with the office of the City Clerk including the following;

- September 25, October 9, and November 13, 2007 Planning Commission meeting minutes;

- Planning Commission and staff recommendation reports

o 2007-1, Downtown Parking Policy Amendments;

o 2007-2, Policy SE 1.2 text amendments (SPA-4 design guidelines);

o 2007-4, North Highline Potential Annexation Area Map;

o 2007-5, Town Square Park Comprehensive Plan Map Amendment;

o 2007-6, Special Planning Area 4 text amendments;

o 2007-7, Mosier Park Comprehensive Plan Map and Rezone Amendment requests;

o 2007-8, Markkerr Comprehensive Plan Map and Rezone Amendment requests;

o 2007-9, Time Square Comprehensive Plan Map and Rezone Amendment requests;

the City Council finds that amendments to the City of Burien Comprehensive Plan attached hereto comply with the Washington State Growth Management Act under RCW 36.70A.130:

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, DOES ORDAIN AS FOLLOWS:

Section 1:            Amendments to the Comprehensive Plan Text.  The City Council hereby adopts the changes to the Burien Comprehensive Plan Text, attached as Exhibit A and incorporated by this reference as if fully set forth herein.

Section 2:            Amendments to Comprehensive Plan Map. The City Council hereby amends the Burien Comprehensive Plan Map as shown on Exhibit B and incorporated by this reference as if fully set forth herein.

Section 3:            Amendments to Zoning Map. The City Council hereby amends the Burien Zoning Map as shown on Exhibit C and incorporated by this reference as if fully set forth herein.

Section 4:            Severability.  Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances.

Section 5:            Effective Date.  This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication.

ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 17^TH DAY OF DECEMBER, 2007, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS 17^TH DAY OF DECEMBER, 2007.

CITY OF BURIEN

/s/ Joan McGilton, Mayor

ATTEST/AUTHENTICATED:

/s/ Monica Lusk, City Clerk

Approved as to form:

/s/ Christopher D. Bacha, Interim City Attorney

Filed with the City Clerk: November 29, 2007

Passed by the City Council: December 17, 2007

Ordinance No. 476

Date of Publication: December 20, 2007

Ordinance 476

Exhibit A

Comprehensive Plan Text Amendments

Pol. TR 9.2.1(page 2-98)

The City should promote continue to implement and maintain short-term on-street parking limitations in the downtown area to allow access to businesses (e.g. 2-hour limits) as well as reduce traffic speed and provide a buffer between traffic and pedestrians.

(NEW) Pol. DB 1.28

Commercial loading zones shall not be allowed on Class ‘A’ pedestrian streets unless there is no alternative access available. Figure 2-DB1.16 designates Class ‘A’ pedestrian streets.

(NEW) Pol. TR 9.2.5

The City should establish and maintain a consistent parking enforcement program. A successful parking enforcement program is consistent and should be coupled with an education program that includes the use of maps to direct patrons to available parking.

(NEW) Pol. TR 9.2.6

The City should develop and install clear, user-friendly way-finding signage to direct the public to parking facilities.

(NEW) Pol. 9.2.7

City-owned remote parking lots should be made available to the general public.

(NEW) Pol. 9.2.8

The City should consider a residential parking permit program for areas adjacent the downtown to avoid and minimize spill-over parking demand generated by nearby commercial land uses.

(NEW) Pol. 9.2.9

The City should consider the use of parking meters as a parking management tool in high-demand locations.

(NEW) Pol. 9.2.10

Where feasible, bus stops should be located in areas that do not conflict with public on-street parking or the ability to provide on-street parking in the future.

Pol. SE 1.2 (page 2-24)

Special Planning Area 1 at the southwest entrance of downtown includes an area centered around SW 152nd Street between 8^th Avenue SW and the Ruth Dykeman Center, “Old Burien”.  The City should strive Tto help achieve the following objectives, through administering Special Planning Area-1 design standards recognizing the City should prepare design guidelines addressing maintenance/enhancement of the area’s pedestrian orientation, historic character and location as a gateway to and from downtown.  Within Special Planning Area 1:

a.              The City should strengthen, preserve and enhance Old Burien as an active and economically viable place to shop, visit, conduct business and enjoy cultural events;

b.              The pedestrian orientation will be enhanced and maintained in a manner that is consistent with the City’s design guidelines;

c.              Any construction, improvements or demolition of structures should be subject to special design review by the City;

d.              The City shall administer adopted Ddesign standards to perpetuateing the architecture within Old Burien for commercial, and business and residential uses should be encouraged by the City;

e. Proposed developments should comply with the stated goals and policies for this area and enhance the character of the area.  A strong connection between Old Burien and the pedestrian oriented shopping area along SW 152nd east of Ambaum Blvd. SW should be established and maintained; and,

f. The residential neighborhood west of 10^th Avenue SW should be protected from the potential expansion of retail uses west of Old Burien.

Pol. SE 1.5      Special Planning Area 4 recognizes a potential opportunity for economic development in the northeastern part of the City, in areas affected by aircraft noise from SeaTac International Airport.  Use and development within this Special Planning Area may be affected by the FAA regulations on land use associated with SeaTac Airport’s proposed third runway.  Development of non-residential uses in the Special Planning Area shall be low scale, landscaped and buffered.  Primary automobile and all truck access to the area should be from Des Moines Memorial Drive, So. 140^th Street or So. 144^th/So.146^th Street.  Developments and uses shall meet the performance and design standards set forth below and as established in the SPA 4 section of the Zoning Code.  Any future expansion of Special Planning Area 4 shall meet the designation criteria under this policy.

Allowed Uses and Description: The types of land uses that are appropriate in the Special Planning Area 4 designation include but are not limited to: light manufacturing, production, processing and distribution-related businesses; warehousing; utilities; retail; and new car auto dealers in an auto-mall configuration (see discussion of subareas below for more information on allowed uses). Since the area is in close proximity to SeaTac International Airport, the uses in this classification could also be airport-oriented. In addition, studio space for artists is also encouraged as a part of these developments, to the extent allowed by FAA regulations.  Open space and multi-purpose trails are also encouraged, especially along the Miller Creek corridor to provide non-motorized east-west linkages to areas within and outside of Burien.  The specific list of permitted land uses as part of the implementation of this policy in the Zoning Code.  Permitted uses should be airport-compatible, have minimal environmental and land use impacts, maximize revenue to the City and support family-wage jobs.

Character: Uses in Special Planning Area 4 should be contained entirely within a structure, except for well-screened vehicle parking, vehicle storage areas, accessory outdoor retail sales areas or construction storage areas. Only limited outside storage, or other external activity is appropriate.

Developments should be clustered together and sited so that they have internal circulation, minimizing the number of access points to Des Moines Memorial Drive. Sites should be designed and located in a way that minimizes traffic, visual, noise or other impacts on adjacent residential uses or environmentally critical areas.  SPA 4 should develop as a coordinated, well-landscaped business park, with substantial buffers along the perimeter of the area.  Site planning for the area should protect yet take advantage of the location of Miller Creek, which slices through the area, through buffers and provision of a public trail along the creek corridor.  Development standards will be established as part of the implementation of this policy in the Zoning Code.

Subareas:  Special Planning Area 4 is divided into three subareas reflecting constraints and opportunities related to natural features, transportation, and adjacent land uses (see Map LU-1).  Subarea boundaries are intended to identify areas where different intensities of land use and development would be allowed.  However, the Zoning Code regulations for SPA 4 should allow for flexibility within the subareas if development standards can be met.  For example, a use only allowed in Subarea C could be allowed in Subareas A or B if impacts are fully mitigated.

Subarea A would allow the least intensive land uses, including office or research parks that would contain low density buildings a maximum of two stories high.  These buildings could contain uses such as general office, corporate headquarters, and high-tech research and development.  Other potential appropriate uses for Subarea A include plant nurseries, cemeteries, parking, artist studios and recreation (passive open space, ball fields, etc.). 

Subarea B would include land uses that have moderate intensity and moderate potential impacts.  Allowable uses in this subarea could include the uses allowed in Subarea A plus, light manufacturing, retail uses and office or research parks.  Developments within this subarea would be more dense and buildings could be higher than those in Subarea A.  In general, these uses would attract more people, generate more traffic, and potentially have greater impacts of other types (such as noise, light and glare) than Subarea A uses would have.  The area of Subarea B located between South 140th Street and South 138th Street would require increased mitigation along its north boundary (such as increased landscape buffers and/or building setbacks) due to its proximity to adjacent residential properties.

Subarea C would include the most intensive land uses within Special Planning Area 4.  Allowable uses in this subarea could include the uses allowed in Subareas A and B, plus air cargo facilities, light manufacturing, warehousing, and new car sales and limited convenience stores.  Developments within this subarea could be more intensive than Subareas A and B and the buildings could be higher. These uses would potentially generate the most impacts from noise and traffic and thus, would be located the greatest distance from the residents to the north and west of Special Planning Area 4.  Subareas A and B would be located between Subarea C and residential properties to the north and west, and thus would help screen or buffer potential impacts to the neighbors.

Designation Criteria: Land proposed to be designated Special Planning Area 4 shall meet the following criteria:

1.      The area to be designated SPA 4 must be located within the Northeast Special Planning Area shown on map LU-1; is currently or anticipated to be subjected to high levels of noise from airport-related activities, and therefore, the land is either less suitable for residential development, or, residential use is not allowed by FAA requirements.

2.      The area to be designated SPA 4 must be a minimum of 2 acres in size.  Smaller lots may be aggregated to meet this requirement.

3.      The area to be designated SPA 4 shall be located near major transportation corridors with adequate highway access.

4.      The area to be designated SPA 4 should be free of or able to appropriately accommodate significant amounts of environmentally critical areas, including required buffers.

5.      The existing or planned public facilities are or will be adequate to support the level and intensity of proposed development.

Performance and Design Standards:  The City shall develop performance and design standards for uses and development within Special Planning Area 4.  These standards shall include the following:

1.    Aquifer Recharge: Develop land use and construction regulations that will help protect the Highline Aquifer.  These regulations should include at least the following elements:

A.  Notification to the Water District of any proposed land uses that could pollute the aquifer, of any hazardous substance spills, and of any proposed large scale developments that involve major excavations or increases in impervious surfaces.

B.  Allowing alternatives to tightlining of drainage controls, such as berms and control facilities that optimize recharge.  This action would decrease the impacts of additional impervious surfaces on recharging of the aquifer.

C.  Hazardous substance containment requirements that consider both ground water and surface water contamination.

D.  Maximizing use of pervious surface to increase aquifer recharge.

E.  Require commercial and industrial users to develop spill prevention and cleanup plans.

2.    Streams and Wetlands:

A. Onsite storm water drainage and containment should be regulated, to help protect water quality and quantity at Miller Creek.

B. An additional 25 feet of buffer along one side of Miller Creek should be required to serve as additional building setback and as a trail corridor.

C.  Prior to development activities, the City may require a wetland survey be conducted by a wetlands specialist.

3.            Plants and Animals:

A.  Native plants should be used for landscaping near the Miller Creek corridor.

4.            Air Quality:

A. Uses that emit excessive unpleasant odors, dust, or other air pollutants should be prohibited.

B.  During construction and demolition activities, prolonged idling of vehicles and engine-powered equipment should be avoided.

C.  During construction and demolition, related traffic should be monitored and directed during non-peak travel hours to minimize reduction in travel speeds.

5.            Scenic Resources:

A. Landscaped buffers should be provided to adequately screen development from adjacent non-business properties and from adjacent roadways.  Buffer widths between 25 feet and 100 feet may be appropriate based on the specific location of the property and development proposal.

B.  Landscaped buffers should be provided between properties within SPA 4.

C.  Site landscaping should be provided for structures and parking areas and screening should be provided for service areas.

D.  External mechanical equipment should be placed in screened enclosures on the ground, or screened if on the rooftop.

E. Nonreflective roofing materials in neutral colors should be used.

6.            Housing

A.  The City should request Federal or Port assistance in replacing low and very low-income housing units (and developing a relocation plan) to help the City comply with the Growth Management Act, Countywide Planning Policies and the City’s Comprehensive Plan.

B.  The City should encourage the Port to offer incentives to residents and property owners  bought out by the Port to relocate within the City of Burien.

7.    Transportation and Access: Adequate and safe motorized and non-motorized access to the site shall be provided.  The following transportation improvements should be installed to help mitigate impacts of redevelopment of SPA 4:

A.  SR-518 off-ramp at Des Moines Memorial Drive: Installation of a traffic signal.

B. Intersection of Des Moines Memorial Drive at 8^th Avenue S: Installation of a traffic signal.

C. Intersection of Des Moines Memorial Drive at S 140^th Street: Installation of capacity improvements.  A traffic signal may be required to accommodate retail uses, when warranted.

D. Des Moines Memorial Drive, between S 136th and S 156th Streets: Roadway widening, including a refuge/merge lane or two-way left turn lane.  This project is already planned by the City of SeaTac.

E. Intersection of 8th Avenue S and S 146th Street:  Installation of a traffic signal, when future traffic volumes warrant a traffic signal at this intersection.  An alternative would be to further restrict commercial traffic in the Study Area from accessing 8th Avenue S.

F. Along 8th Avenue S.: Installation of pedestrian and bicycle improvements to reduce the impacts of forecasted traffic volumes.  This is a City of Burien planned project. 

G. Along S 140th Street and S 144th/146th Street: Installation of pedestrian and bicycle improvements to reduce the impacts of forecasted traffic volumes. 

H. A shared internal road system built to commercial road standards within SPA 4 should be constructed.  The internal road system should direct traffic from SPA 4 to a limited number of access points on Des Moines Memorial Drive, S 144th/146th Street, and S 140th Street.  Direct property access to these arterials should be limited to minimize traffic operation and safety issues.  Only limited access to SPA 4 should be allowed to/from 8th Avenue S, except where necessary due to natural constraints (such as topography) or for emergency access or fire lanes required by the City of Burien.

I. Intersection of Des Moines Memorial Drive at S. 144^th Street: A westbound left-turn land and modification of signal phasing may be needed to accommodate development of retail uses.

J. Intersection of 8^th Avenue S. and S. 140^th Street: A traffic signal may be required to accommodate retail uses, when warranted.

8.    Utilities:

A. Use of drought-tolerant or native plants should be encouraged to minimize the amount of water required for irrigation.

B. Use of “gray water” for irrigation should be encouraged.

C. Use of water conserving plumbing fixtures and other building conservation measures to minimize water consumption should be encouraged.

9.    Storm Drainage:

A.  Review proposed developments to ensure installation of proper drainage controls to prevent significant impacts to the storm drainage system, including Miller Creek.

B. New developments should be required to slow or retain site-generated runoff using detention ponds, vegetated drainage swales, etc.

C. Consider requiring onsite “zero” or reduced quantities of storm water runoff for new developments.  The cost of onsite runoff retention should be compared to the costs of building storm water drainage systems.

10.      Noise:

A.  Auger-cast piling should be used (if piling is needed).

B.  During construction, mufflers should be properly maintained.

C.  During construction, equipment should be turned off when not in use.

D.  During construction, portable noise barriers should be used in locations near residences.

E.  During construction, ambient sensing backup alarms should be used, if possible.

F.  Noise-minimizing site layout strategies such as locating buildings between loading and trash storage areas and residences to help block noise, should be used.

G.  Hours of deliveries or trash pickup should be restricted to reduce potential disturbance from noise.

H.  Planted buffers, earthen beams and walls should be used to block or reduce noise generated from businesses within SPA 4.

11.     Light and Glare:

A. Light and glare-producing activities such as arc welding should be screened from residences and streets.

B.  Lights such as security lighting should be shielded from casting light upward.

C.  Light sources, lighting levels and fixture designs that minimize the amount of light that could be visible off-site should be used.

D. The percentage of wall area covered by reflective windows should be limited.  Awnings or other solar shading devices should be provided as needed to minimize sunlight reflection off of the windows.

12.      Standards for development and land use within the ATZ and RPZ of the proposed third runway for SeaTac International Airport shall comply with applicable FAA and WSDOT Aviation Division aircraft safety requirements relating to land use, development density, height hazards, performance standards, lighting, glare, electronic interference with aircraft navigation equipment, and bird attraction.

13.       A development proposal site should be a minimum of 2 acres in size.  Smaller lots may be aggregated to meet this requirement.

14.      Building coverage should be limited as follows: Subarea A (least coverage), Subarea C (greatest coverage), and Subarea B (in between A & C).

15.      The City should work with potential purchasers of properties within  SPA-4 to find ways in which the gap between the lower vacant land value and higher improved land value can be mitigated.

16.      The City should work with the Port to identify ways to mitigate lost property tax revenues due to the Port’s existing and proposed land purchases within SPA-4.

Implementation: Review and approval of specific development plans shall be through a combination Development Agreement/Rezone process negotiated with the proponent and approved by the City.  Any development or redevelopment proposal within SPA 4 shall be reviewed as a rezone through the Type 4 land use review process established in the Zoning code and shall comply with Policy SE (1.5).  This process does not apply to: a) the remodel of addition to existing residential units for residential purposes, or b) the remodel or addition to existing non-residential uses for the same use or another use allowed by the property’s zoning.

In 2005, tThe City adopted should also consider adoption of a “Planned Action” ordinance as allowed under the State Environmental Policy Act to encourage redevelopment within SPA-4.

Ordinance 476

Exhibit B

Table of Comprehensive Plan Map Amendments

Map Ref. No.	Description of Map Change	Reason for change	Parcel Nos.
1	One parcel change from Downtown Commercial to Public Parks/Schools/Recreation/Open Space	City of Burien initiated (see Docket Reference No. 2007-5)	192304-9327
2	Portion of single parcel change from Public Parks/Schools/Recreation/Open Space to High Density Multi-Family Neighborhood	City of Burien initiated (see Docket Reference No. 2007-7)	202304-9082
3	Three parcel change from Industrial to Intersection Commercial	Citizen initiated (see Docket Reference No. 2007-8)	322304-9044 322304-9051 322304-9096
4	Portion of one parcel change from High Density Multi-Family Neighborhood to Regional Commercial	Citizen initiated (see Docket Reference No. 2007-9)	122100-0680

Ordinance 476

Exhibit C

Table of Zoning Map Amendments

Map Ref. No.	Description of Map Change	Reason for change	Parcel Nos.
1	Portion of single parcel change from RS-7,200 to RM-24	City of Burien initiated (see Docket Reference No. 2007-7)	202304-9082
2	Three parcel change from Industrial (I) to Intersection Commercial (CI)	Citizen initiated (see Docket Reference No. 2007-8)	322304-9044 322304-9051 322304-9096
3	Portion of one parcel change from RM-24 to Regional Commercial (CR)	Citizen initiated (see Docket Reference No. 2007-9)	122100-0680