August 17, 2021 Packet

August 17, 2021 Packetwww.ci.bonney-lake.wa.us AGENDA
Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington.
The public is invited to attend Council Meetings and Workshops in person, via conference call or over the internet. Those attending in-person who are not vaccinated must wear a face mask. The information for attending is provided below. If you connect via the website link and/or call into the meeting, please confirm the microphone on your computer and/or phone is muted, otherwise it will result in feedback sound or background noise and interfere with the meeting. As a reminder, citizen comments are only taken at Council Meetings, not Workshops.
Council Meetings and Workshops attendance options: In-Person: Bonney Lake Justice & Municipal Center at 9002 Main Street East in Bonney Lake By phone: 408-740-7256 (Meeting ID: 215 767 540#) By internet: Chrome- https://bluejeans.com/215767540?src=calendarLink&flow=joinmeeting
I. CALL TO ORDER: Mayor Neil Johnson, Jr.
II. ROLL CALL: Mayor Neil Johnson, Jr., Deputy Mayor Justin Evans, Councilmember Terry Carter, Councilmember Todd Dole, Councilmember Angela Ishmael, Councilmember J. Kelly McClimans, Councilmember Dan Swatman, and Councilmember Tom Watson.
III. AGENDA ITEMS:
A. Council Open Discussion:
B. Review Of Council Minutes: August 3, 2021 Council Workshop and August 10, 2021 Council Meeting.
P. 13 C. Discussion: Emergency Management Position – Public Safety Committee Members.
P. 15 D. Discussion: AB21-74 – Ordinance D21-74 – An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Chapters 18.29 And Section 18.08.020 Of The Bonney Lake Municipal Code And The Corresponding Portions Of Ordinance Numbers 748, 788, 851, 908, 1099, 1230, 1416, 1428, 1483, 1520, 1533, 1568, 1584, 1634, 1644, And 1651 And Repealing Chapter 18.33 Of The Bonney Lake Municipal Code And The Corresponding Portions Of Ordinance Numbers 1454, 1524, 1634, And 1641 Related To Permitted Uses And Development Regulations For Eastown.
IV. EXECUTIVE/CLOSED SESSION: Pursuant to RCW 42.30.110 and/or RCW 42.30.140, the City Council may hold an executive or closed session. The topic(s) and duration will be announced prior to the session.
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V. ADJOURNMENT
For citizens with disabilities requesting translators or adaptive equipment for communication purposes, the City requests notification as early as possible prior to the meeting regarding the type of service or equipment needed.
The City Council may act on items listed on this agenda, or by consensus give direction for future action. The Council may also add and take action on other items not listed on this agenda.
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CITY COUNCIL WORKSHOP
DRAFT Minutes www.ci.bonney-lake.wa.us
Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington Virtual Location: https://bluejeans.com/215767540?src=calendarLink&flow=joinmeeting By Telephone: 408-740-7256 (Meeting ID: 215 767 540#)
I. CALL TO ORDER – Mayor Neil Johnson Jr., called the workshop to order at 6:00 p.m.
II. ROLL CALL: Deputy City Clerk Sadie Schaneman called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Justin Evans, Councilmember Terry Carter, Councilmember Todd Dole, Councilmember Angela Ishmael, Councilmember James (Kelly) McClimans, Councilmember Dan Swatman, and Councilmember Tom Watson.
Staff members in attendance at the physical location were Administrative Services Director/City Clerk Harwood Edvalson, Chief of Police Bryan Jeter, Human Resources Manager Jenna Richardson, Public Services Director Ryan Johnstone, City Engineer John Woodcock, Planning & Building Supervisor Jason Sullivan, Municipal Court Judge Joanna Daniels, Court Administrator Kathy Seymour, Deputy City Clerk Sadie Schaneman, Administrative Specialist II Jessica Chavez and City Attorney Kathleen Haggard.
Staff members in virtual attendance using the City’s BlueJeans conference line were City Administrator John Vodopich, Chief Financial Officer Cherie Reierson and Information Services Manager Chuck McEwen.
III. AGENDA ITEMS:
A. Council Open Discussion:
Pierce County Special Meeting. Councilmember Watson said that he, Councilmember Carter and Councilmember Ishmael attended the Pierce County Special Meeting at the Bonney Lake Food Bank. He stated that there were great presentations from the White River School District, The Sumner/Bonney Lake School District, The Bonney Lake Food Bank and several other organizations. He also invited interested parties to attend the Communities for Families Coalition meeting this coming Thursdays August 05, 2021 in Sumner.
Citizen Comments Sign Up. Councilmember Swatman asked about Council procedures for citizen comments and the requirement that was set during last meeting to sign up in advance to speak during the citizen comments section. City Attorney Haggard explained that the requirement to sign up during the hybrid
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City Council Workshop Minutes-DRAFT August 03, 2021
meetings was set up to help staff keep the meetings organized while navigating the new hybrid format. Councilmember McClimans also expressed his concern with having individual’s sign up to speak during citizen comments and also stated that speakers were not providing their name and address.
Coffee with the Council. Deputy Mayor Evans asked if anyone would be interested in doing a “Coffee with the Council” once a month where two Councilmembers could meet with members of the community at a local coffee shop. Councilmember Ishmael said that she has spoken with the owner of a local coffee shop who was very open to the idea.
Council Reading Procedures. Councilmember Carter suggested a first, second and third reading of agenda items before they are voted on by the Council. City Attorney Haggard and Mayor Johnson gave information on how the City uses committee meetings and Council Workshops to review items before they come to Council Meetings for a vote. City Clerk Edvalson advised the Council doing this would fundamentally change the process and the Council would need to reconsider their Council rules. He also noted that any item could be tabled for further discussion. There was a general consensus of the Council to revisit the current Council procedures during a workshop in January 2022 after this year’s elections.
Local Law Enforcement Legislative. Councilmember McClimans asked about the new legislative laws regarding local law enforcement. Chief Jeter stated that there will be a presentation at the next Council Workshop on August 17, 2021 and that a statement has been put out on social media as well.
Beautify Bonney Lake/Public Safety Building. Councilmember Dole noted that Beautify Bonney Lake will be happening this year on September 18, 2021. He also asked about the Public Safety Building and uses for it once East Pierce Fire & Rescue moves out. Mayor Johnson advised that there would be many Council discussions about the topic as it gets closer to when the move actually happens.
B. Review Of Council Minutes: July 20, 2021 Council Workshop and July 27, 2021 Council Meeting.
Councilmember Watson and Councilmember Carter said that they reviewed the minutes of July 20, 2021 and July 27, 2021 and had one minor correction. The revised minutes were forwarded to the August 10, 2021 Meeting for approval.
C. Action: AB21-106 – Resolution 2965 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign A Labor Agreement With The Bonney Lake Police Guild For Non-Sworn Staff From January 1, 2021 Through December 31. 2023.
Councilmember Watson moved to approve Resolution 2965. Deputy Mayor Evans seconded the motion.
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Human Resources Manager Jenna Richardson stated that Chief Jeter took on the main responsibility for the agreement and that there will be a number of changes that will allow more flexibility with scheduling. She also stated that she and Chief Jeter both highly recommend the approval of the agreement.
Motion Approved 7 – 0.
D. Discussion/Action: AB21-100 – Resolution 2962 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign The Transportation Improvement Board Grant Application For The Future SR 410 - 214th Avenue Roundabout.
Councilmember Watson moved to approved Resolution 2962. Deputy Mayor Evans seconded the motion.
Sarah Ott and Brian Walsh from the Washington State Department of Transportation (WSDOT) answered questions and addressed concerns from the Council regarding comparable locations within the state that use roundabouts, speed control, flow theory and safety.
Councilmembers and staff also discussed costs, traffic impact fees, developer agreements and other road projects that need to be done.
Councilmember Watson motioned to table Resolution 2962 to the next Council Meeting. Councilmember Carter seconded the motion.
Motion to table Approved 7 – 0.
E. Discussion/Action: AB21-102 – Resolution 2964 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign A Contract With Pierce County Security, Inc. To Provide Court Security.
Councilmember Carter moved to approved Resolution 2964 Deputy Mayor Evans seconded the motion.
Deputy Mayor Evans said the item had been recommended for approval by the Finance Committee prior to it being tabled at the last meeting.
Motion Approved 7 – 0.
F. Discussion: AB21-74 – Ordinance D21-74 – An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Chapters 18.29 And Section 18.08.020 Of The Bonney Lake Municipal Code And The Corresponding Portions Of Ordinance Numbers 748, 788, 851, 908, 1099, 1230, 1416, 1428, 1483, 1520, 1533, 1568, 1584, 1634, 1644, And 1651 And Repealing Chapter 18.33 Of The Bonney Lake Municipal Code And The Corresponding
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Portions Of Ordinance Numbers 1454, 1524, 1634, And 1641 Related To Permitted Uses And Development Regulations For Eastown.
Planning and Building Supervisor Sullivan gave a presentation to Council on Eastown Development that included background information, industrial & manufacturing uses, and regulations & standards.
Councilmembers asked several questions regarding usages for such things as recreational facilities and nonprofits to which Sullivan answered. There was a general consensus of the Council to discuss the item further and include these types of uses at the next Council Workshop on August 17, 2021.
IV. EXECUTIVE/CLOSED SESSION: None.
V. ADJOURNMENT:
At 8:02 p.m. the Meeting was adjourned by Mayor Johnson, Jr. with the common consent of the City Council.
Harwood T. Edvalson, City Clerk Neil Johnson, Jr, Mayor
Items presented to Council at the August 03, 2021 Workshop: None.
Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk.
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www.ci.bonney-lake.wa.us DRAFT Minutes
Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington Virtual Location: https://bluejeans.com/215767540?src=calendarLink&flow=joinmeeting By Telephone: 408-740-7256 (Meeting ID: 215 767 540#)
I. CALL TO ORDER – Deputy Mayor Justin Evans called the meeting to order at 6:00 p.m.
A. Pledge of Allegiance: Deputy Mayor Evans led the participants in the Pledge of Allegiance.
B. Roll Call: Deputy City Clerk Sadie Schaneman called the roll. In addition to Deputy Mayor Justin Evans, elected officials attending were Councilmember Terry Carter, Councilmember Todd Dole, Councilmember Angela Ishmael, Councilmember J. Kelly McClimans, Councilmember Dan Swatman, and Councilmember Tom Watson. Mayor Neil Johnson Jr., was not in attendance.
Staff members in attendance at the physical location were Administrative Services Director/City Clerk Harwood Edvalson, Chief of Police Bryan Jeter, Information Services Manager Chuck McEwen, Human Resources Manager Jenna Richardson, City Engineer John Woodcock, Planning & Building Supervisor Jason Sullivan, Deputy City Attorney/City Prosecutor Maili Barber, Deputy City Clerk Sadie Schaneman, Administrative Specialist II Jessica Chavez and City Attorney Kathleen Haggard.
Staff members in virtual attendance using the City’s BlueJeans conference line were City Administrator John Vodopich, Chief Financial Officer Cherie Reierson, and Public Services Director Ryan Johnstone.
C. Agenda Modifications:
Deputy Mayor Evans announced a new agenda item, AB21-111, added as item 2 under Announcements, Appointments and Presentation.
Deputy Mayor Evans announced that the Approval of Corrected Minutes and AB21-101 be pulled from the Consent Agenda. He said the items would be moved to Full Council Issues as Items B and C.
D. Announcements, Appointments and Presentations:
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City Council Meeting Minutes-Draft August 10, 2021
1. AB21-103 – Motion – A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Ratifying The Mayor’s Reappointment Of Grant Sulham, Debbie Strous-Boyd, And Craig Sarver To The Planning Commission, David Colbeth And Paul Webber To The Design Commission, And Ryan Seeberger And Tyler Howard To The Parks Commission All With A Term Ending April 6, 2024 And Appointing Jessica Bennion To The Remaining Term Of Position 1 On The Planning Commission Expiring On April 6, 2023.
Councilmember Watson moved to approve the motion. Councilmember Carter seconded the motion.
Councilmember Watson thanked everyone for their hard work on the commissions.
Motion approved 7 – 0.
2. AB21-111 - Motion – A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign A Resignation Agreement With Maili Barber, Deputy City Attorney.
Councilmember Watson motioned to approve AB21-111. Councilmember Carter seconded the motion.
Councilmembers expressed their appreciation for Maili and thanked her for all the hard work she has done during her time with the City.
A. Public Hearings: None.
B. Citizen Comments:
1. Shawnta Mulligan – 68th Street Bonney Lake, thanked the Council for getting the meetings set up for in person attendance and stated that the City website needs to be updated with instructions on how to make public comments. She also applauded the Council for their discussion on the roundabout and expressed her concerns regarding D21-94, e-mails that were given to the public and the LGBTQ+ proclamation.
2. Dan Decker – 204 170th Street E Bonney Lake, went over his interpretation of the Council and Mayor’s role on city business, duties, and veto power.
C. Correspondence: None.
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III. COUNCIL COMMITTEE REPORTS:
A. Finance Committee: Deputy Mayor Evans reported the Finance Committee did not meet and is expected to meet again on August 24, 2021.
B. Community Development Committee: Councilmember Swatman reported the Community Development Committee met on August 3, 2021. The Committee discussed a Puget Sound Energy solar panel project, forwarded AB21-107 to tonight’s consent agenda and approved their minutes.
C. Public Safety Committee: Councilmember Carter reported the Public Safety Committee met today at 3:30 p.m. The Committee had a report from East Pierce Fire and Rescue and Police Chief Jeter. The committee also reviewed a policy on cooling and warming stations, had a discussion on boating safety and approved their minutes.
D. Other Reports: None.
IV. CONSENT AGENDA:
A. Approval of Corrected Minutes: July 20, 2021 Council Workshop and July 27, 2021 Council Meeting. (Moved to Full Council Issues Item B.)
B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable check/vouchers #89258 - #89345 and wire transfers #2130985, #268266841, #2021061801, #2021070901 and #2021072001 in the amount of $1,570,998.50. Accounts Payable wire transfers #21514780, #2021070201, #2021070202, #2021070203, #2021070204, #2021070701 and #2021070702 in the amount of $29,864.45. P-Card wire transfer #2021061701 in the amount of $35,034.45. P-Card wire transfer #2021071701 in the amount of $36,104.22. VOIDS: None.
C. Approval of Payroll: July 16 – 31, 2021 for checks #34434-34438 including Direct Deposits and Electronic Transfers is $783,441.88.
D. AB21-89 – Resolution 2954 – A Resolution Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign An Updated Interlocal Housing Agreement Between The City Of Bonney Lake, Washington And The SCORE Jail, Washington, For The Housing Of Bonney Lake Inmates.
E. AB21-101 – Resolution 2963 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adopting The Six Year Transportation Improvement Program (2022-2027). (Moved to Full Council Issues Item C.)
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F. AB21-107 – Resolution 2966 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign The Construction Contract With Pivetta Brother’s Construction, Inc. For The Construction Of The Fennel Creek Trail Segment 2B-1 And The Elhi Hill Trail Connector.
G. AB21-109 – Motion – A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, To Accept As Complete The 2021 Street Striping Project With Apply-A-Line, LLC.
Councilmember Watson moved to approve the Consent Agenda as amended. Councilmember Carter seconded the motion.
Consent Agenda approved 7 – 0.
V. FINANCE COMMITTEE ISSUES: None.
VI. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: None.
VII. PUBLIC SAFETY COMMITTEE ISSUES: None.
VIII. FULL COUNCIL ISSUES:
A. AB21-100 – Resolution 2962 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign The Transportation Improvement Board Grant Application For The Future SR 410 - 214th Avenue Roundabout.
Councilmember Watsons moved to approve Resolution 2962. Councilmember Carter seconded the motion.
Deputy Mayor Evans reviewed the impacts of approving or not approving the grant application. Public Services Director Ryan Johnstone confirmed that not approving the Resolution could potentially impact future development in the Eastown. Councilmember Carter stated that he had visited the Airway Heights roundabout in Spokane and expressed his concerns. Councilmember Watson stated the Resolution had been reviewed by the Community Development Committee and Council several times and no one had brought forward any concerns until now. He expressed how not approving this Resolution could affect safety and traffic on 410 and 214th. Councilmember McClimans said he supports the roundabout but would like more current data than the 1998 report the Council was given. Councilmember Swatman thanked Councilmember Carter for going to view the round a bout in Airway Heights and expressed his concern for not having a more current data as well.
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Motion to approve AB21-100 failed 3 – 4. Councilmembers Dole, Carter, Swatman and Ishmael voted no.
B. (Moved from Consent Agenda Item A) Approval of Corrected Minutes: July 20, 2021 Council Workshop and July 27, 2021 Council Meeting.
Councilmember Watson moved to approve the amended minutes. Councilmember Dole seconded the motion.
C. (Moved from Consent Agenda Item E) AB21-101 – Resolution 2963 – A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adopting The Six Year Transportation Improvement Program (2022-2027).
Councilmember Watson moved to approve Resolution 2963. Councilmember Carter seconded the motion.
Councilmember McClimans expressed concerns about condemnation of property to achieve property needed for projects and how he will never approve any condemnation. Planning & Building Supervisor Sullivan explained that the City has easements for most of the land and are still working on the last few. He also discussed the process and how easements, ICE, and right of ways work.
IX. ADJOURNMENT:
At 6:56 p.m. the Meeting was adjourned by Deputy Mayor Evans with the common consent of the City Council.
Harwood T. Edvalson, City Clerk Justin Evans, Deputy Mayor
Items presented to Council at the Meeting for the record: None.
Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk.
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Administrative Services Department
Memo Date : July 28, 2021 To : Mayor and City Council From : Woody Edvalson, Administrative Services Director/Emergency Management
Coordinator Re : Appointed Position for Emergency Management
At a recent Council Safety Committee meeting, the Committee invited a discussion with staff regarding emergency management for the City and the need for dedicated staffing to pursue a greater degree of disaster preparedness for the City. The Council Safety Committee asked to have this as a topic of discussion at a Council workshop.
History. The emergency management function was traditionally a role of the Bonney Lake Fire Department. In 2000, following a vote of the citizens, Bonney Lake became part of Fire District #22 (now East Pierce Fire & Rescue), the role of emergency management director was transferred by city ordinance to the District’s Fire Chief. With the succession of Fire Chiefs, changeover in fire department personnel assigned to emergency management, and the lack of focus on the City’s part regarding emergency management, the emergency management role and its importance was lost in the shuffle. During this same period, many of the cities/towns in the County, including Bonney Lake, contracted with Pierce County Department of Emergency Management (PCDEM) for some planning and support services and at least one plan (the Regional Hazard Mitigation Plan) was updated and adopted by the City. But again, turnover of employees and change in PCDEM leadership resulted in the eventual discontinuation of the contract by the County. In 2016, responsibility for emergency management was reestablished by ordinance under the Mayor’s direction. Responsibility was given to the Administrative Services Director to work on the emergency management organization of the City. With the Mayor and Council’s encouragement, the Director entered into conversations with representatives of several East Pierce County cities and towns. The group creating an Interlocal agreement to pool some resources regarding emergency management, particularly planning, training and community outreach. The Interlocal (ILA) proposed a shared full-time employee under direction of the City of Puyallup to be funded by the Cities/Towns of Bonney Lake, Sumner, Buckley, Orting, Wilkeson and Carbonado. Funding for the Interlocal agreement was denied in the Council’s biennial budget process. However, upon reconsideration, the Council approved the ILA in November 2020 and funding was granted for Fiscal Year 2021. The ILA is currently operational, but also needs continuing funding for 2022 and
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beyond. Two part-time Puyallup employees have been hired, and work on plans and training for the member cities has commenced.
The Now. Even with participation in the ILA or EPIC-EM (East Pierce Interlocal Coalition for Emergency Management), the City of Bonney Lake’s staff dedicated to coordinating our City effort is limited to the available time of its management team, particularly one department director who has volunteered to be the coordinator of the City’s efforts. The work with EPIC-EM will help update our plans such as the Comprehensive Emergency Management Plan, the Continuity of Government Plan, the Continuity of Operations Plan and the EOC Operations Plan. However, each of these plans requires individual tailoring to our City and their supporting departments, which then must be followed by further implementation and training. The coordinator must rely on the participation and support of other department heads and their employees to accomplish specific tasks. As these efforts are an added responsibility to the load of the department head coordinator, it is simply unrealistic to think that Bonney Lake’s level of preparedness will increase if things remain the same as they are now. The City of Bonney Lake needs dedicated staff time toward emergency management and preparedness—not only at its head, but also distributed throughout the organization.
The Need. With respect to emergency preparedness, Bonney Lake is like many cities and towns. The City has competent, dedicated staff who in an emergency do their best to respond and manage the situation and impacts. The staff has fairly robust systems in place to deal with the emergencies that occur fairly frequently like winter storms or wind storms. However, City staff were severely tested with the Sumner Grade Fire last summer. Disaster was averted and gaps in our capabilities and planning were identified for such an event, but no one person is tasked with and has the time or the authority to follow-up across the organization.
Recommendation. I recommend the City of Bonney Lake hire at least one full-time employee whose time would be solely dedicated to emergency management and coordinating the City’s efforts in emergency management. This would include coordinating and participating in the efforts of departments and working with their employees to accomplish the City’s goals with EPIC-EM and the City’s further internal goals for emergency management. With a full-time employee, the department directors could focus on the emergency management work of their departments and the department contributions to the City’s overall preparedness. I further recommend that the employee be placed within the Executive Department as a direct- report to the City Administrator. Placing the employee in the Executive Department would give emphasis to the program and even more referent power for the employee to accomplish the mission of Bonney Lake preparedness. Organizational placement is ultimately a decision for the Mayor and City Administrator.
Salary. I recommend that a salary survey be done to establish the appropriate compensation for the position. However, for illustration purposes I present the relative costs of hiring an emergency management position that would be compensated at the same level as an associate planner. The lowest starting salary is $6,034 per month, plus benefits, which for a full-time employee would be approaching an additional 30% for a total benefited monthly cost of $7,844 or an annual cost of $94,132.
Finally, I recommend the City Council approve the use of monies to fund the 2022 Fiscal Year participation of Bonney Lake in EPIC-EM. Approximately $30,000. Will be required.
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City of Bonney Lake, Washington City Council Agenda Bill (AB)
Department/Staff Contact: Public Services Department Jason Sullivan – Planning &
Building Supervisor
Agenda Bill Number: AB21-74
Agenda Item Type: Discussion
Council Committee Review: CDC Date: July 20, 2021
Councilmember Tom Watson X Forward to: Council Workshop Consent Agenda: Yes No
Commission/Board Review: June 2, 2021 and July 7, 2021 Hearing Examiner Review:
Agenda Subject: Eastown Permitted Uses and Development Regulations
Full Title/Motion: An Ordinance of the City Council of the City Of Bonney Lake, Pierce County, Washington, amending Chapters 18.29 and Section 18.08.020 of the Bonney Lake Municipal Code and the corresponding portions of Ordinance numbers 748, 788, 851, 908, 1099, 1230, 1416, 1428, 1483, 1520, 1533, 1568, 1584, 1634, 1644, and 1651 and repealing Chapter 18.33 of the Bonney Lake Municipal Code and the corresponding portions of Ordinance numbers 1454, 1524, 1634, and 1641 related to permitted uses and development regulations for Eastown.
Administrative Recommendation: Approve
Background Summary: The primary purpose for Ordinance D21-74 is to expand the list of permitted light industrial/manufacturing uses to support current development activity in Eastown. The amendments will reduce the complexity and increase flexibility. Currently, the City’s code includes two different chapters specific to Eastown (Chapter 18.29 – Eastown District and Chapter 18.33 – Eastown Development Standards). The ordinance repeals Chapter 18.33; putting all of the regulations specific to Eastown in one chapter. Additionally, the current standards assume a different development pattern than the one that is occurring and relies on prescriptive standards. The amendments establish standards that are more supportive of light industrial development and remove the prescriptive approach in favor of a more flexible approach. Finally, the ordinance will further the creation of additional family wage jobs. Attachments: Ordinance D21-74; Findings of Fact; Staff Report with Department of Commerce Acknowledge Letter, Notice of Public Hearing, and Planning Commission Recommendation
BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance
Budget Explanation:
COUNCIL ACTION Workshop Date(s): August 3, 2021 Public Hearing Date(s): Meeting Date(s): Tabled to Date: August 17, 2021
APPROVALS Director: Mayor: Date Reviewed Ryan Johnstone, P.E. Neil Johnson Jr. by City Attorney:
(if applicable):
ORDINANCE NO. D21-74
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING CHAPTERS 18.29 AND SECTION 18.08.020 OF THE BONNEY LAKE MUNICIPAL CODE AND THE CORRESPONDING PORTIONS OF ORDINANCE NUMBERS 748, 788, 851, 908, 1099, 1230, 1416, 1428, 1483, 1520, 1533, 1568, 1584, 1634, 1644, AND 1651 AND REPEALING CHAPTER 18.33 OF THE BONNEY LAKE MUNICIPAL CODE AND THE CORRESPONDING PORTIONS OF ORDINANCE NUMBERS 1454, 1524, 1634, AND 1641 RELATED TO PERMITTED USES AND DEVELOPMENT REGULATIONS FOR EASTOWN.
WHEREAS, in 2015, the Puget Sound Regional Council (PSRC) completed a study entitled An Industrial Lands Analysis for the Central Puget Sound Region to provide an assessment of industrial land in the Central Puget Sound region, including identification of the lands in Eastown as existing industrial lands in the region that needed to be maintained and preserved; and
WHEREAS, in 2017, the City adopted an updated subarea plan for Eastown with the goal that Eastown be developed with light industrial and manufacturing uses; and
WHEREAS, Goal CD-3 of Bonney Lake 2035, which serves as the City’s comprehensive plan, provides that the City should “[D]evelop Eastown as a light-industrial area to increase the number and diversity of jobs available to the citizens of Bonney Lake and to diversify the City’s tax base;” and
WHEREAS, in 2018, the Pierce County Regional Council established a designation for a Countywide Manufacturing and Industrial Centers (MIC) in the Countywide Planning Policies to preserve smaller pockets of industrial lands; and
WHEREAS, as part of the Planning Commission Work Plan 2020 – 2021, staff was directed to bring forward amendments to the development regulations as needed to qualify as a Countywide MIC and ensure consistency with the adopted comprehensive plan goals; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Findings of facts and conclusions. The findings of fact and conclusions attached as Attachment A and the analysis contained in the staff report attached as Attachment B are adopted in full by the City Council in support of its decision.
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Section 2. Chapter 18.29 of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No. 748 § 1, Ordinance No. 788 § 1, Ordinance No. 851 § 36, Ordinance No. 908 § 1, Ordinance No. 1099 §§ 26 and 27, Ordinance No. 1230 §§ 2, 8, and 18, Ordinance No. 1416 § 9 (Appx. A), Ordinance No. 1428 § 1, and Ordinance No. 1634 §§ 3 are each hereby amended to read as follows:
18.29.010 General intent. The intent of this zone is to provide appropriately located areas for uses which shall be located along major thoroughfares (SR 410) and dominated by auto-oriented uses. The Eastown district zoning classification is intended to provide appropriately located areas for various land intensive and/or limited service commercial establishments, office uses, major retail stores and service establishments offering commodities and services required by residents of the city and its surrounding market area, wholesale distribution facilities, research, and light industrial enterprises, and compatible commercial services that enhance the city’s economic base and provide jobs for residents of the area that are complementary and are not detrimental to either existing or proposed industrial uses, or neighboring commercial and residential districts. which are complementary to neighboring commercial and residential districts. Typical uses in this classification are the combination of major retail establishments and storage, distribution and assembly of products from previously prepared materials, including business and light industrial parks which do not generate excessive noise, odors, dust, smoke, heavy traffic congestion or pollution of water or air.
18.29.020 Uses permitted outright General provisions. Repealed by Ord. 1416.
A. These standards shall apply to all properties located within the boundaries of the Eastown Subarea as established in the Bonney Lake comprehensive plan.
B. The requirements of Chapter 18.31 BLMC – Commercial Standards shall not apply to properties within the Eastown zoning classification, except as specifically adopted in this chapter.
C. All developments shall comply with the future road network as adopted as part of the Mapped Streets in Chapter 12.30 BLMC.
18.29.030 Accessory commercial use Building Design Standards.
Repealed by Ord. 1416.
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Comment [JS1]: All but one of these standards exist in BLMC 18.33.020 which is being repealed. The new standard exempts properties in Eastown from complying with Chapter 18.31 BLMC so that there is only one chapter that establishes the development standards for Eastown instead of having to refer to multiple code chapters that are sometime in conflict or are inconsistent.
Multistory buildings and buildings wider than 100 feet as measured along walls facing streets or mapped streets shall employ measures as discussed below to visually reduce the height, bulk, and any large expanse of undifferentiated wall surface:
A. Building design elements shall be used to reduce the visual bulk and height of large structures of facades facing the street as approved by the director with concurrence of the Design Commission or by employing at least three of the following articulation features along the façade facing the street at articulation intervals of no wider than 75 feet:
1. Building modulation of at least two feet in depth and four feet in width.
2. Repeating distinctive window patterns at intervals narrower than the articulation interval.
3. Change of roofline.
4. Changing materials and/or color with a change in building plane.
5. Providing lighting fixtures, trellises, trees, or other landscape features within each interval.
B. The elevation of the building facing the street shall include building entrances for associated offices and/or sales areas.
C. Building entrances shall be delineated through architectural design and distinctively differentiated from the remainder of the building as approved by the director with concurrence of the Design Commission. Options include, but are not limited to: wall modulation, gables, window clusters, landscape treatment, material/color/texture change, awnings, moldings, signage, paving texture, planters, and pedestrian amenities such as benches and tables.
18.29.040 Conditional uses Performance Standards. The following special requirements and performance standards shall apply to properties located in this zoning classification: uses may be permitted upon the issuance of a conditional use permit by the city:
A. Buildings taller than 50 feet, provided: Loading bay doors and docks shall be located on a building elevation not facing a street or mapped street.
In these cases, additional landscape
1. Adequate provision is made for firefighting and emergency rescue;
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Comment [JS2]: These standards were principally taken from BLMC 18.33.070 that already apply in Eastown. The standards have been modified to better suit light industrial developments while still requiring some design elements on the façade of the building facing a street. The standards have been written in a way to provide maximum flexibility to the developer for addressing the requirements without creating a mandatory approach.
2. The use or building will not cast a shadow on residential properties;
3. The use or building is designed with visual relief or landscaping to make it compatible with the surrounding land uses, topography and landscape;
B. All refuse containers shall be located in the rear or side of the lot and shall be placed out of sight from any street or mapped streets in a secure enclosure that complies with WAC 51-50-009 and City of Bonney Lake Engineering Standard M-9.
B. Junk, salvage or wrecking yard; provided a solid fence and/or solid screening hedge at least eight feet high is built and maintained to screen from view the open storage use;
C. Trailer-mix concrete plant; provided a solid fence and/or solid screening hedge at least eight feet high is built and maintained to screen from view the concrete plant and storage yard;
DC. Gravel pits; provided a solid fence and/or solid screening hedge at least eight feet high is built and maintained to screen from view the gravel pit; Outdoor storage shall only be allowed as an accessory use to another principal use provided it meets the following standards
1. The material(s) being stored shall not exceed 12 feet in height;
2. The material(s) being stored shall be wrapped or enclosed to prevent wind-blown debris;
3. The outdoor storage area shall not exceed forty percent (40%) of the building footprint or fifteen percent (15%) of the lot area, whichever is less;
4. The outdoor storage is screened from adjacent streets or mapped streets established in Chapter 12.30 BLMC by a Type 1 Landscaping Buffer as established in BLMC 16.68.050; and
5. The outdoor storage shall not be located closer to a street or mapped than the facade of the building facing the front property line.
ED. Assembly or processing of previously prepared materials in a fully enclosed building, provided:
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Comment [JS3]: This is the same standard that is used by the City of Sumner in Sumner’s manufacturing zones. The reason that is limited to ensure that properties do not just become large lay down yards without jobs or production of some sort.
1. No explosives, ammunition, blasting agents or fireworks are stored or manufactured in this district;
2. Cellulose nitrate products and cellulose nitrate plastics may be stored in accordance with the fire prevention ordinance, but shall not be manufactured in this district;
3. Any material having a closed cup flash point below 105 degrees Fahrenheit is prohibited from this district.;
4. The requirements of Chapter 18.31 BLMC are met; and
FE. Storage or processing of any hazardous waste as defined in Chapter 70.105 RCW is not permitted as a principal use.
F. All developments shall comply with the general performance standards adopted in BLMC 18.31.030
18.29.050 Setback and bulk regulations. The following bulk regulations apply to uses in this district:
A. Minimum Front Setback.
1. Service station pump islands: 15 feet from street property line;
2. Setbacks on State Highway 410: 55 feet from the right-of-way line;
3. From any other street or accessway: 20 feet from the street right-of-way where existing right- of-way is adequate; additional setback may be required by the public works director where existing right-of-way is inadequate.
B. There shall be no minimum side or rear setback requirements except as entailed by needed to comply with the landscape requirements of Chapter 16.68 BLMC or building code requirements.
C. The mMaximum height of any buildings shall be, 35 fifty-five (55) feet. Structures which are 35 to 50 feet may be approved by the director of planning and community development, with the concurrence of the fire marshal of Pierce County Fire Protection District No. 22 regarding provisions for fire protection and emergency rescue.
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Comment [JS4]: This is now item F so that it applies to all developments.
Comment [JS5]: These standards and requirements are addressed in the International Fire Code which has been adopted by the City.
D. Any use within this zone classification shall provide a minimum of 10 percent of the site as landscaping and developed public open space, excluding parking and driving surfaces.
E. Maximum residential density: same as the R-3 zone.
18.29.060 Off-street Vehicular use areas and parking and loading requirements. A. For off-street parking and loading and vehicular use area requirements, see BLMC
18.31.010 and BLMC 18.31.020 and Chapter 16.68 BLMC Commercial Development Standards, Chapter 18.31 BLMC.
B. Parking lots containing 100 or more parking spaces shall provide electric vehicle charging stations as described below:
1. Electric vehicle charging stations shall be of the “Type 3” variety: fast charging, DC energy from an off-board charger; maximum current specified is 240kW, which provides for an approximate 30 minute charge time.
2. Electric vehicle charging stations shall be signed “Reserved for Charging Electric Vehicles.”
3. Electric vehicle charging stations shall be installed at a ratio of two stations per 100 parking spaces.
4. Locations within 20 miles of four or more charging stations are exempt from these requirements.
5. Newly constructed parking lots and parking lot modifications that impact 100 or more spaces are subject to these requirements. This includes the cumulative number of spaces modified at the same site within five years.
18.29.070 Bicycle facilities
A. Bicycle parking must be provided in all new parking lots as required below:
1. For uses listed as manufacturing, wholesale, and industrial uses on the land use matrix adopted in BLMC 18.08.020, one (1) bicycle parking space shall be provided for every 25,000 square feet of gross floor area of the building devoted to the particular use specified.
2. For all other uses, one (1) bicycle park spacing shall be provided for every 5,000 square feet gross floor area of the building devoted to the particular use specified.
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Comment [JS6]: The City’s regulations already require bicycle parking stalls. The current ratio is simply one stall for every ten parking stalls and is not based on the use on the site (see BLMC 18.33.050(E)). The standards here take the use into consideration. Please note that the bike parking is not just for customers, but for employees also.
3. When a combination of uses are included, the minimum number of bicycle parking spaces required shall be the sum of the maximum numbers of spaces required for each individual use.
B. Bicycle parking areas shall be:
1. Located in a covered, secure area with either:
a. Racks for locking bicycles able to accommodate cable locks and "U" locks and must permit the locking of the bicycle frame and one wheel to the rack; or
b. Bicycle lockers;
2. Accessible by means other than stairs;
3. Separated from vehicle parking areas by physical barriers such as bollards, posts, or landscaping;
4. Located adjacent to each building within a multi-building complex.
5. Each required bicycle parking space must be at least two (2) feet by six (6) feet. Where a bike may be locked on both sides of a bicycle rack without conflict, each side may be counted as a required space.
6. Each required bicycle parking space must be accessible without moving another bicycle and its placement must not result in a bicycle obstructing a required walkway.
18.29.080 Exterior lighting
A. All exterior lighting shall comply with all of the following standards:
1. All outdoor light fixtures shall be dark sky complaint, which means that the
sources downcast to prevent glare;
2. The maximum height of the light-emitting surface of a pole-mounted or building- mounted fixture is thirty (30) feet above grade;
3. The maximum illumination level at rear and side property lines adjacent to residential uses or rural zoned properties and the exterior edge of wetland buffers or riparian management zones shall be 0.1 foot candles.
B. Compliance
1. An assessment of the conformance status of all planned exterior-lighting fixtures on a property location must be a part of any application subject to design review or conditional use permit.
2. The submission of specific descriptions, specifications, photometric data, site- installation locations, lighting plans, studies, or other information may be required, as determined by the Director.
3. Confirmation of full compliance is required prior to issuance or approval of any corresponding final inspection or certificate of occupancy.
C. The following actions, applications, and fixtures are prohibited:
1. Searchlights, beacons, laser-source, or other high-intensity lighting fixtures.
2. Fixtures that may be confused with or construed in context as a traffic-control or public-safety device.
3. Lighting found by reason of attraction, intensity, glare, or trespass to be a significant public-safety concern.
Page 8 of 20
lighting is designed, located and lamped with full cut-off fixtures with light Comment [JS7]: “Full cut-off fixture” is defined as a fixture designed and installed where no light is emitted, refracted or reflected at or above a horizontal plane running through the lowest point on the fixture
Section 3. Section 18.08.020 of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No. 1416 § 10, Ordinance No. 1483 § 1, Ordinance No. 1520 § 3, Ordinance No. 1533 § 15, Ordinance No. 1568 § 13, Ordinance No. 1584 § 1, Ordinance No. 1644 § 7, and Ordinance No. 1651 § 2, are each hereby amended to read as follows:
Zone Use NAICS Code(s)
C-2 E MC DC DM PF
Residential Uses Accessory dwelling unit[1] A A A Adult family home P P P P P P P P P Apartments/condominiums P P[2] P[2] P[3] P Duplexes P P Family day cares A A A A A A A A A Home occupations[4] A A A A A A A Mobile/manufactured homes[5]
P P P
A A A A P
Residences in connection with a business establishment
P C A P[3] P
Single-family residences P P P P Townhouses P P C C P Educational Uses Dancing, music, art, drama and instructional schools
611610, 611620, 611630, 611691,
A[8] P P P P P[3] P P
Elementary and secondary schools
Business, technical, and trade schools
611410, 611420, 611430, 611511, 611512,
611513, and 611519
Cultural, Recreational, and Entertainment Adult entertainment facilities[9]
N/A C
Amphitheater N/A P P P Arcade 713120 P P Bars and taverns 722410 C P P P P P Bed-and-breakfast inns[10] 721191 A C C C P Bowling alley 713950 P P
Page 9 of 20
Brewpubs and microbreweries
Campgrounds 712110 P C Caterers & Mobile Food Service
722320 and 72233
P
Cinema 512131 P P Coffee shops and cafes 722515 P[11] P P P P[11] P[11] A[11]
Golf courses 713910 C C Fitness centers and recreational centers
713940 P P P P
Hotels and motels 721110 P P P P Libraries 519120 P P P P P P P Museums 712110 C C P P P P P P Parks, open space, and trails
712190 P P P P P P P P P P
Public meeting halls N/A C P P P P P Recreation facilities 713990 P P P Restaurants and eating establishments
722511, 722513,
A[11]
[12] C[11] P P P P[11] P[11] A[11]
[13]
P P P P
Public, Quasi-Public, and Social Service Facilities Adult day care centers and senior centers
624120 P P P
921130, 921140, and
921190
C[2] C[2] C[2] P P P P P P
Public safety facilities 922120, 922130, 922150,
922160, and 922190
C[2] C[2] C[2] P P P P P P
Administration of human resource programs
923110, 923120,
923130, and 923140
C[2] C[2] C[2] P P P P P P
Administration of environmental quality programs
924110 and 924120
C[2] C[2] C[2] P P P P P P
Administration of housing programs, urban planning, and community development
925110 and 925120
C[2] C[2] C[2] P P P P P P
Comment [JS8]: Moved to a different section.
Page 10 of 20
Administration of economic programs
926140, and 926150
C[2] C[2] C[2] P P P P P P
Religious, philanthropic, and civic organizations
813110, 813211, 813212,
813219, and 813410
Social advocacy, business, professional, labor, and political organizations
813311, 813312, 813319, 813910, 813920, 813930,
813940, and 813990
Manufacturing, Wholesale, and Industrial Assembly or processing of previously prepared materials in a fully enclosed building
N/A C[14]
Bakery, wholesale Bakeries
311991, and 311999
Cabinet and furniture shops
337212, and 337214
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Construction equipment and machinery sales
423810 and 423820
423930 C[14]
332114, 332119, 332215, 332216, 332311, 332312, 332313, 332321 332322, 332323, 332510, 332613, 332618, 332710,
332721, and 332722, 332811, 332812,
332813, and 332999
C P C
316992, and 316998
334290, and 334310,
Sign Manufacturing 339950 P
325411, 325412, 325413, 325414,
339112, 339113, 339114,
339115, and 339116
Storage or distribution of sand, gravel, top soil, or bark
N/A 484220
484110, 484121, 484122 493110 493120
493130, and 493190
Construction Contractor yards
N/A 237110, 237120, 237130, 237310, 237990, 238110, 238120, 238130, 238140, 238150, 238160, 238170, 238190,
238910, and 238990
238210, and 238220, 238290, 238310, 238320,
238330, and 238390
P[23] P P[23] Comment [JS10]: This type of construction contractors require laydown yards, which is why the uses were separated from the building construction contractors and allowed only in Eastown.
Comment [JS11]: Plumbing, electrical, and HVAC are subsets of the more general building construction contractors. This use also included roofing contractors, siding contractors, general building contractors.
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C-2 E MC DC DM PF
Tree farms N/A P Raising of livestock, small animals and fowl
N/A P[15]
Communication and Utilities Public utility facility N/A P[16] P[16] P[16] P[16] P P P P P P P WCF microcell N/A P P P P P P P P P P P WCF mini N/A P P P P P P P WCF macro N/A P P P P P P P WCF monopole I N/A C C C C C C C C C C C WCF monopole II and lattice tower
N/A C C C C C C
WCF small cell N/A P P P P P P P P P P P Retail and Personal Services Antique and used merchandise shops
453310 C P P P P P
Automobile dealer 441110 and 441120
P C
811191, and 811198
P P P
Baked goods store 445291 P P PA P P P Barber shops and beauty shops
812111 and 812112
Beer, wine, and liquor stores
445310 P P P P P P
Boat dealer 441222 P C Bookstores 451211 A P P P P P P Car washes 811192 P P P Apparel, jewelry, luggage, and leather goods stores
448110, 448120, 448130, 448140, 448150, 448190, 448210, 448310, 448320
C P P P P P
Convenience stores 445120 A[12] P P PA P P P Child care centers and 624410 C P P P P P
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preschools Department store, warehouse clubs, and supercenters
452111, 452112,
452910, and 452990
P P P
Dry cleaning 812320 P P P P P P Electric vehicle charging stations – Level 1 and 2
N/A P P P P P P P P P P P
Electric vehicle charging stations – Level 3
N/A C C C C P P P P P P P
Florists 453110 A[12] P P P P P P Food markets, delicatessen and specialty food stores
445210, 445220, 445230, 445291,
Furniture and small household appliance repair
811412 and 811420
P P P
Grocery stores 445110 A[12] C P P P P P Hardware stores 444120 and
444130 P P P P P
Lawn and garden equipment and supplies
444210 and 444220
Linen and Uniform Supply 812331 and 812332
P
446110, 446120, 446130,
446191, and 446199
Home centers, lumber yards, and building material stores
444110 and 444190
442110, 442210, 442291, 442299,
P P P P P
Itinerant vendors N/A P P P P P P P P P P P Kennels 812910 C C C A A P A Laundromats 812310 P P P P Locksmiths and security alarm shops
561621 and 561622
812199 P P P P P P
Page 15 of 20
Novelty, art, and souvenir stores
453220, 453920, and
C P P P P P A[13]
Office supply stores 453210 P P P P P Parking garages 812930 C PA C C Personal and household goods repair
811490 P P P P P P
Pet shop, grooming and supplies
453910 and 812910
Photographic processing and supply
Rental stores 532210, 532220, 532230, 532291, 532292,
532299, and 532310
P P P
441210 and 441228
P C
Shoe repair 811430 P P P P P P Skating rink P P P Sporting, hobby, music and game stores
451110, 451120,
C P P P P P
Stables and riding schools P P Tobacco store 453991 P P P P P P Vehicle rental 532111,
532112, and 532120
454210 P
Health Care Ambulance service 621910 C P C Hospitals 622110 and
622310 P P P C
Offices of physicians 621111 and 621112
A[12] P P P P P P
Offices of dentists 621210 A[12] P P P P P P Offices of health practitioners
621310, 621320, 621330, 621340,
Other health care services 621991 and P P P
Page 16 of 20
621999 Outpatient care centers 621410,
621491, 621492,
623110, 623311, and
Finance, Insurance, Real Estate, and Professional Services Accounting and booking services
541211, 541213,
541310, 541320, 541330, 541340, 541350, 541360,
541370, and 541380
Brokerage and investment offices
523991, and 523999
Building and Ground Services
Design services 541410, 541420,
522130
[12] P[11] P P P P[11] P[11]
Page 17 of 20
Insurance services 524210, 524291,
Legal services 541110, 541120,
Management and consulting services
541620, and 541690
Mini-storage facilities 531130 C P Mortgage and financial services
522220, 522291, 522292, 522293,
512240, and 512290
561431, and 561439, and
531311, and 531312
Real estate agents, brokers, and appraisers
531210, 531320, and
541940 P P P P P
Essential Public Facilities Airports 481111,
481112, 481211,
Public colleges and universities
State transportation facilities[20]
C C P P P P P P P P
Correctional institutions 922140 C C Solid waste handling facilities
562111, 562112, 562119, 562211, 562212,
562213, and 562219
622210, 623220, and
C C
Group homes[21] N/A P P P Secure community transition facilities[22]
N/A C
The paragraphs listed below contain specific limitations that correspond with the bracketed [ ] superscript note numbers from land use matrix: [1] Subject to compliance with BLMC 18.22.090. [2] Subject to compliance with Chapter 18.31 BLMC, Commercial Development Standards. [3] A conditional use permit is required if residential units are located on the first floor of the building. [4] Subject to compliance with BLMC 18.22.010. [5] Subject to compliance with Chapter 15.08 BLMC, Manufactured Homes. [6] Provided, that the park was in existence at the time of annexation into the city. [7] Subject to compliance with BLMC Title 16, Division III, Shoreline Code. [8] Limited to stables and riding schools in association with a single-family home. [9] Subject to compliance with Chapter 18.32 BLMC, Adult Entertainment Facilities. [10] Subject to compliance with BLMC 18.22.030. [11] Drive-through facilities, services, or windows are prohibited. [12] Subject to compliance with BLMC 18.31.040. [13] Business can be open for no more than 150 days per year unless it is within the building with a permitted use. [14] Subject to compliance with BLMC 18.29.040. [15] Subject to compliance with BLMC 18.22.060. [16] Subject to the requirements of BLMC 18.22.050. [17] Subject to the provisions of Chapter 18.40 BLMC, Electric Vehicle Infrastructure. [18] Outdoor storage and sale of building materials and nursery stock is allowed as an accessory use. [19] Outdoor kennel space and/or dog runs are prohibited. [20] State transportation facilities are defined in RCW 47.06.140 [21] As required to comply with the Federal Fair Housing Act Amendments of 1988 (42 U.S.C. § 3601 et seq.) and RCW 35A.63.240. [22] Secure community transition facilities are defined in RCW 71.09.020 [23] Exterior storage of materials or equipment is prohibited. All materials and equipment shall be stored in an enclosed building.
Section 4. Repealer. The previously codified provisions of Chapter 18.33 of the Bonney Lake Municipal Code entitled “Eastown Development Standards” and the corresponding
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____________________________
____________________________
portions of Ordinance No. 1407 § 1 Attachment A, Ordinance No. 1454 § 3, Ordinance No. 1524 § 7, Ordinance No. 1634 § 5, and Ordinance No. 1641 § 18 are each hereby repealed.
Section 5. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance.
Section 6. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as required by law.
PASSED BY THE CITY COUNCIL this _______ day of ____________, 2021
Neil Johnson, Jr., Mayor
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ATTACHMENT A
FINDINGS OF FACT AND CONCLUSIONS
Having considered in detail both the oral and documentary evidence received concerning the update to the City of Bonney Lake’s Eastown permitted uses and development regulations ordinance, the Bonney Lake City Council now makes and adopts the following Findings of Fact and Conclusions:
FINDINGS OF FACT
Public Participation
1) The Bonney Lake Planning Commission held a public meeting to discuss the amendments on June 2, 2021.
2) The Bonney Lake Planning Commission held a public hearing July 7, 2021 and recommended that the City Council adopt the proposed amendments.
3) The City issued an official notice of the public hearing on June 11, 2021, which is twenty-six days prior to the hearing.
4) The notice of public hearing provided a fifteen day comment period, which concluded on July 7, 2021.
5) Notice of the hearing was also published in the newspaper on June 16, 2021 as required by BLMC 14.140.040(D).
State Environmental Policy Act
6) The amendments to Eastown permitted uses and development regulations are considered a non-project action as defined in WAC 197-11-704(2)(b) under the State Environmental Policy Act (SEPA).
7) The Comprehensive Plan Update & Draft Environmental Impact Statement Bonney Lake, Washington dated July 1,1994 (1994 DEIS) was prepared by the City of Bonney Lake to evaluate the environmental impacts associated with the future growth envisioned in the City’s 1995 Comprehensive Plan as required by the Planning Enabling Act (Chapter 35A.63 RCW) and the Growth Management Act (Chapter 36.70A).
8) The 1994 DEIS include a no action alternative and three different growth scenario alternatives categorized as low, moderate and high. The moderate growth scenario, identified as Alternative 2, envisioned the development of a proposed industrial/business use corridor along SR-410 from 214th Avenue East to 220th Avenue East. The high growth scenario, identified as Alternative 3, was similar to Alternative 2, but extended
Findings and Conclusions Agenda Packet p. 36 of 53
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the industrial/business use corridor along SR-410 out to 234th Avenue East. Both Alternative 2 and Alternative 3 were included in the Final Environmental Impact Statement Comprehensive Plan Update Bonney Lake, Washington date November 18, 1994 (1994 FEIS) prepared by the City of Bonney Lake.
9) The 1994 FEIS did not include a specified preferred alternative or growth scenario alternative, but provided that “[I]mplementing actions will eventually revise sensitive area, landmark preservation, zoning, subdivision, shoreline, capital improvement program, and other Bonney Lake ordinances and regulations to comply with the preferred growth scenario’s polices.” (Pg. 4)
10) Ordinance 697 adopted May 30, 1995, which officially adopted the 1995 Bonney Lake Comprehensive Plan did establish a preferred alternative which was a hybrid of primarily Alternatives 2 and 3 in the 1994 DEIS and FEIS. Under this preferred alternative, the industrial/business use corridor along SR-410 was identified to extend from 214th Avenue East to 234th Avenue East and labeled “Light Manufacturing, Warehousing, and Heavy Commercial Sales.”
11) As part of the preparation of the City’s 1996 Comprehensive Plan amendments, the City of Bonney Lake prepared a Draft Supplemental Environmental Impact Statement for the City of Bonney Lake Comprehensive Plan Amendments dated July 16, 1996 (1996 SDEIS), which maintained the plan to develop the area along SR-410 from 214th Avenue East to 234th Avenue East as an area for Light Manufacturing, Warehousing, and Heavy Commercial Sales. This designation was included in the preferred alternative in the Final Supplemental Environmental Impact Statement for the City of Bonney Lake Comprehensive Plan Amendments dated August 30, 1996 (1996 FEIS) prepared by the City of Bonney Lake.
State Agency Review
12) Development regulations are defined as the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto pursuant to RCW 36.70A.030.
13) The City submitted the required notice of intent to adopt the proposed ordinance to the Department of Commerce as required by RCW 36.70A.106 on May 28, 2021.
14) The Department of Commerce’s sixty (60) day review period concluded on July 27, 2021.
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Countywide Planning Policies
15) The Countywide Planning Policies as amended and effective on May 10, 2020 includes the following goals and policies related to economic development: a. Ec-1 establishes that “[T]he County and each municipality in the County, will work
to achieve a prospering and sustainable regional economy by supporting business and job creation…”
b. Ec 1.10 prioritizes “maximizing the use of existing designated manufacturing and industrial centers by focusing appropriate types and amounts of employment growth in these areas and by protecting them from incompatible adjacent uses.”
c. Ec 2.2 prioritizes “identifying urban land suitable for the accommodation of a wide range of non-residential development activities.”
d. Ec 2.11 prioritizes “providing opportunities and locations for incubator industries.”
e. Ec 5.7 prioritizes “concentrating a significant amount of economic growth in designated centers.”
Comprehensive Plan Policies
16) The City’s comprehensive plan, Bonney Lake 2035, includes the following goals and policies in the Community Development (CD), Economic Vitality (EV), and Eastown Plan € Elements:
a. Policy CD-2.1 establishes that “[L]ocal centers take a variety of forms. Some may be characterized by predominantly retail uses, while others may contain a more varied mix of activities including commercial, office, residential, parks, community centers, other civic facilities, and education facilities. Bonney Lake will maintain a variety of centers within the City that meet a range of neighborhood, citywide, and regional needs…”
b. Community Development goal 3 states that the City should, “[D]evelop Eastown as a light-industrial area to increase the number and diversity of job available to the citizens of Bonney Lake and to diversify the City’s tax base.”
c. Policy CD-3.1 states that the City should “[D]evelop Eastown with 1) architectural detail suitable for automobile orientation along SR-410, 2) internal and, if possible external pedestrian connections, and 3) preference for business park or campus-scale development.”
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d. Policy CD-3.3 states that the City should “[E]ncourage best management practices for site planning and design related to, but not limited to, building placement and orientation, vehicular and pedestrian circulation patterns, open space, landscaping, lighting, stormwater management, interfacing with adjacent neighborhoods and developments, and appropriate accommodation of the site’s natural features.
e. Policy CD-9.2 states that the City should “[U]se development regulations to direct growth, ensure sufficient opportunities for new development, improve Bonney Lake’s quality of life, preserve existing neighborhoods, reduce nuisances, achieve compatibility between adjacent properties and uses, address land use conflicts, and protect the health and safety or residents, visitors, and workers.
f. Policy CD-9.11 states that the City should “[R]edevelop Bonney Lake’s under- developed or vacant sites in a manner that balances providing an array of housing, jobs, retail, recreational and entertainment opportunities, with the need to respect the scale and form of surrounding properties and neighborhoods.”
g. Goal EV-3 states that the City’s goal is to “[S]trengthen Bonney Lake’s role as a hub for regional retail, personal and professional services, and employment.”
h. Policy EV-3.4 states that the City should, “[A]ctively promote investment and business recruitment to strengthen Bonney Lake’s position in sectors that have significant growth potential, such as professional services and medical office.”
i. Policy EV-5.3 states that the City should, “[C]learly establish and communicate the community’s vision for Bonney Lake as a whole, as well as for major sub- geographies, to provide the local business community with clear direction on the appropriateness of various types of development in different parts of the City.”
j. Goal EV-6 states that the City should, “[I]mplement subarea plans for the Downtown, Midtown, Eastown, and Lake Tapps center to ensure a balanced mix of jobs and businesses and to enhance Bonney Lake’s built environment.”
k. Goal E-1 establishes the goal that “[E]astown is developed with light industrial and manufacturing uses.”
CONCLUSIONS
Based upon the above findings the City Council adopts the following conclusions
1) Notice of the public hearings for this matter has been conducted in accordance with City of Bonney Lake rules and regulations governing such matters for both the Planning Commission and the City Council. (FINDINGS 1 – 5)
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2) The City complied with the requirements to the State Environment Policy Act (Chapter 43.21C) and the implementing regulations found in Chapter 197-11 WAC as provided below:
a. The City, acting as the lead agency has determined it is acting on the same underlying proposal evaluated in previously prepared environmental impact statements and that adoption of the proposed amendments would not result in new significant environmental impacts, and
b. A new a threshold determination is not required be issued pursuant to WAC 197-11- 600(3) and WAC 197-11-310(1), and
c. Since City is acting on the same proposal previously evaluated a formal notice of adoption was note required pursuant to WAC 197-11-600(4) (FINDINGS 7 – 11).
3) The City complied with the requirements of RCW 36.170.106 to notify the Department of Commerce of the City’s intent to adopt an amendment to the City’s development regulations (FINDINGS 12-14).
4) The proposed amendments are consistent with adopted Countywide Planning Policies as amended and effective on May 10, 2020 (FINDING 15).
5) The proposed amendments meet the approval criterion for amendments to a development regulation established in BLMC 14.140.090(A) as the proposed amendments are consistent with and required to effectuate the goals and policies of the City’s adopted comprehensive plan, Bonney Lake 2035 (FINDING 16).
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PUBLIC SERVICES DEPARTMENT
SUBJECT: Eastown Development Regulations Amendments
I. PROJECT SUMMARY
In March of 2015, the Puget Sound Regional Council’s (PSRC) released a study entitled An Industrial Lands Analysis for the Central Puget Sound Region (the Study), which included an analysis of the economic impact of industrial lands within the Puget Sound Region. The Study found that between 2012 and 2040 the Puget Sound Region is expected to add 83,900 industrial jobs and in 2012 these jobs had an average annual salary of $80,000.1 In addition to creating jobs, the Study found that local governments with existing industrial areas received approximately $190 million in direct tax revenues2 and secondary tax impacts.3
Given the significant economic benefits associated with industrial lands development, the Study identified measures local jurisdiction could take to preserve and strengthen the competitiveness of industrial lands. These measures included limiting non-industrial users on industrial identified lands and simplifying regulations.4
The Eastown subarea has been identified as contributing to the supply of industrial lands within the Central Puget Sound Region in the Study. Eastown is uniquely position to provide capacity for small scale or “artisan manufacturing, flex-office, and start-up manufacturing companies.
Ordinance D21-74 will amend the land use matrix, codified in BLMC 18.08.020, to remove a number of uses that are inconsistent with a light industrial lands classification and add a number of additional uses to support the development of a light industrial area. The ordinance will also update the development standards to support light industrial development, improve flexibility, and to mitigate the impacts associated with this type of development. The objective of the amendments is to preserve properties within the Eastown Subarea for light industrial and manufacturing uses as envisioned in the City’s comprehensive plan Bonney Lake 2035. Additionally, the amendments area need to have Eastown designated as Countywide
1 Puget Sound Regional Council (March 2015) Industrial Lands Analysis for the Center Puget Sound Region (pg. E-9).
2 The direct tax revenues included B&O taxes paid to local governments. 3 Puget Sound Regional Council (March 2015) Industrial Lands Analysis for the Center Puget Sound Region. (Pg.
4-26) 4 Ibid. (Pg. E-11)
Eastown Development Regulation Amendments Page 1 of 9
Manufacturing and Industrial Centers (MIC). These designation will increase the City’s competitiveness for grants and will bring greater regional awareness to Eastown.
II. BACKGROUND
A. Site Characteristics
This is not a site specific proposal, but would apply to all properties within the Eastown zoning classification, which is the area shown in brown on Figure 1. Please note that as part of the 2021 Zoning Map Amendments, the area covered by the black hash mark will be removed from the Eastown zoning classification as the area is no longer in the Eastown Subarea, but is now in the Midtown Center.
Figure 1 – Eastown Zone with Landmarks
B. Surrounding Properties
The proposed amendments to the development standards codified in Chapter 18.29 BLMC and the permitted uses identified in the land use matrix codified in BLMC 18.08.020 are not a site specific proposal. However, the properties that are located north south, and east of the properties within the Eastown Subarea are located in unincorporated Pierce County. The adjacent zoning classifications in unincorporated Pierce County include Rural 5, Rural 10, and Agricultural Resource Lands. The properties to the west of the Eastown Subarea are currently zoned Eastown as well, but will be rezoned to C-2 as part of the 2021 Zoning Map Amendments.
Eastown Development Regulations Amendments Page 2 of 9
C. State Environmental Policy Act (SEPA)
Under the State Environmental Policy Act (SEPA) the adoption of this Ordinance is a non- project action as defined by WAC 197-11-704(2)(b) and subject to review under SEPA. The Comprehensive Plan Update & Draft Environmental Impact Statement Bonney Lake, Washington dated July 1,1994 (1994 DEIS) was prepared by the City of Bonney Lake to evaluate the environmental impacts associated with the future growth envisioned in the City’s 1995 Comprehensive Plan as required by the Planning Enabling Act (Chapter 35A.63 RCW) and the Growth Management Act (Chapter 36.70A). The 1994 DEIS include a no action alternative and three different growth scenario alternatives categorized as low, moderate and high. The moderate growth scenario, identified as Alternative 2, envisioned the development of a proposed industrial/business use corridor along SR-410 from 214th
Avenue East to 220th Avenue East. The high growth scenario, identified as Alternative 3, was similar to Alternative 2, but extended the industrial/business use corridor along SR-410 out to 234th Avenue East. Both Alternative 2 and Alternative 3 were included in the Final Environmental Impact Statement Comprehensive Plan Update Bonney Lake, Washington date November 18, 1994 (1994 FEIS) prepared by the City of Bonney Lake. The 1994 FEIS did not include a specified preferred alternative or growth scenario alternative, but provided that:
Implementing actions will eventually revise sensitive area, landmark preservation, zoning, subdivision, shoreline, capital improvement program, and other Bonney Lake ordinances and regulations to comply with the preferred growth scenario’s polices. (Pg. 4)
However, Ordinance 697 adopted May 30, 1995, which officially adopted the 1995 Bonney Lake Comprehensive Plan did establish a preferred alternative which was a hybrid of primarily Alternatives 2 and 3 in the 1994 DEIS and FEIS. Under this preferred alternative, the industrial/business use corridor along SR-410 was identified to extend from 214th Avenue East to 234th Avenue East and labeled “Light Manufacturing, Warehousing, and Heavy Commercial Sales.”
Figure 2: 1995 Comprehensive Plan - Preferred Alternative5
As part of the preparation of the City’s 1996 Comprehensive Plan amendments, the City of Bonney Lake prepared a Draft Supplemental Environmental Impact Statement for the City of Bonney Lake Comprehensive Plan Amendments dated July 16, 1996 (1996 SDEIS), which maintained the plan to develop the area along SR-410 from 214th Avenue East to 234th
Avenue East as an area for Light Manufacturing, Warehousing, and Heavy Commercial Sales. This designation was included in the preferred alternative in the Final Supplemental Environmental Impact Statement for the City of Bonney Lake Comprehensive Plan Amendments dated August 30, 1996 (1996 FSEIS) prepared by the City of Bonney Lake.
City of Bonney Lake (August 30, 1996) Final Supplemental Environmental Impact Statement for the City of Bonney Lake Comprehensive Plan Amendments, Figure 3, Pg. 17.
5
ibid.
6
After reviewing the above referenced environmental impact statements prepared under SEPA, the City has determined the proposed amendments to the Eastown development regulations part of the implementation action to facilitate the development of an industrial/business employment the area between 214th Avenue East and 234th Avenue that was evaluated in these environmental documents. Further, after reviewing the potential impacts evaluated in these documents, the City has determined that adoption of the proposed amendments would not result in new significant environmental impacts.
Since the City has determined that it is acting on the same proposal evaluated in the previously prepared environmental documents and that there are no new significant environmental impacts, a new threshold determination was not required to be issued pursuant to WAC 197-11-600(3) and WAC 197-11-310(1). Additionally, since the City is acting on the same proposal a formal notice of adoption was not required pursuant to WAC 197-11-600(4).
D. Shoreline Code
No portion of the area within the Eastown zoning classification overlaps with the shoreline jurisdiction.7
E. Critical Areas Code
There are very few undevelopable critical areas8 within the boundaries of the Eastown Subarea, which makes the area suited to light manufacturing and warehousing facilities. Known critical areas include Fennel Creek, which is shown as the blue line in Figure 2. East of 233rd Avenue East, Fennel Creek is considered a seasonal stream and is within a permanently protected environmental critical area tract. West of 233rd Avenue East, the portion of Fennel Creek located within the Eastown Subarea boundaries, is classified as a perennial stream. The other known undevelopable critical areas include the wetland west of the Sunset RV property, delineated wetlands primarily located in the northeastern corner of the Compass Pointe property, and the wetland located at the Fennel Creek Industrial Site. The wetland on the Fennel Creek Industrial site is already located within a permanently protect environmental critical area tract.
7 Areas subject to the Shoreline Code are all properties within 200 feet of Lake Tapps and the portion of Fennel Creek below Victor Falls.
8 Undevelopable critical areas are designated wetlands, streams, fish and wildlife habitat conservation areas, Class 1 landslide hazardous areas, and associated buffers pursuant to BLMC 16.20.030
Figure 4: Eastown Critical Areas9
The proposed amendments will not impact or alter the way critical areas are regulated by the City under Title 16 – Division II BLMC entitled Critical Areas. Therefore, the proposed amendments would not result in a net loss of ecological functions and values of the critical areas within the Eastown subarea.
F. Processing Background
City staff discussed the draft amendments with the Planning Commission on June 2, 2021 in advance of the required public hearing held on July 7, 2021. The City submitted the required notice of intent to adopt the proposed ordinance to the Department of Commerce as required by RCW 36.70A.106 on May 28, 2021. The Department of Commerce’s sixty (60) day notice period will conclude on July 27, 202110.
G. Public Outreach
The City held one open public meeting to discuss the proposed amendments with the Planning Commission on June 2, 2021. The notice of the public hearing was issued on June 11, 202111, which provided for a public comment period from June 11, 2021 to July 17, 2021. Notice of the hearing was also published in the newspaper on June 16, 2021 as required by BLMC 14.140.040(D). Following the public hearing the Planning Commission
9 The critical areas shown on Figure 2 are known critical areas. The maps should not be interpreted to mean that other undevelopable critical areas are not present in Eastown. Additional the boundaries of the wetlands and associated buffers are for only general illustrative proposes and are not meant to illustrate the exact boundaries of these features.
10 See Attachment 1 11 See Attachment 2
voted 6-0-0 to recommend that the City Council approve Ordinance D21-74.12 As part of the motion the Planning Commission removed junk, salvage or wrecking yards from the permitted use along with the associated performance standards and removed the performance standard for trailer concrete plants as it was not listed a permitted use. These changes have been made to the ordinance.
III. ANALYSIS
A. Development Regulations Amendment ( BLMC 14.140.090.B)
The approval criterion for amendments to a development regulation is consistency with the comprehensive plan and the laws of the State of Washington.
1. Comprehensive Plan (Bonney Lake 2035)
Bonney Lake 2035 directs the City to “[C]learly establish and communicate the community’s vision … for major sub-geographies, to provide the local business community with clear direction on the appropriateness of various types of development in different parts of the City.”13 As Eastown was one of the major sub-geographies a subarea plan was developed with the expressed goal of developing the area “… with light industrial and manufacturing uses …”14 to “… to increase the number and diversity of jobs available to the citizens of Bonney Lake and to diversify the City’s tax base.”15 The proposed amendment to the Eastown development regulations will further these goal.
Additionally, the proposed amendments to the development standards in Chapter 18.20 BLMC are needed to ensure that Eastown is developed with a “preference for business park or campus-scale development.”16 The updated development standards will implement “… best management practices for site planning and design related to… building placement and orientation, vehicular and pedestrian circulation patterns, open space, landscaping, lighting, stormwater management, interfacings with adjacent neighborhoods and developments, and appropriate accommodation of the site’s natural features.”17
Finally, the importance is these changes to the development regulations to support the development of Eastown as a Countywide MIC and the increase to the City’s employment base is evident in the amount of light industrial and manufacturing building
12 See Attachment 3 13 See Policy EV-5.3 14 See Goal E-1 15 See Policy EV-3.1 16 See Goal CD-3.1 17 See Goal CD-3.3
2. State Law
The City’s authority to adopt the proposed amendments is provided for in RCW 35A.63.100, which provides that the legislative body may adopt regulations that it deems necessary to effectuate the goals and objectives of the comprehensive plan. As discussed above, the proposed amendments are necessary to effectuate the goals and objectives of the City’s comprehensive plan.
IV. CONCLUSION
The proposed amendments are consistent with the criteria to amend the development regulations as established in BLMC 14.140.090.B.
18 Puget Sound Regional Council (March 2015) Industrial Lands Analysis for the Center Puget Sound Region (pg. 6-19). This study determined that the industrial lands classified in the group “Dispersed – Pierce County”, which included Eastown, would result in job growth at a rate of one job per 750 square to 1,000 square feet of building area.
19 See EV 1.1 20 Puget Sound Regional Council (March 2015) Industrial Lands Analysis for the Center Puget Sound Region (pg.
4-11)

STATE OF WASHINGTON
DEPARTMENT OF COMMERCE 1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
06/01/2021
Mr. Jason Sullivan Planning and Building Supervisor City of Bonney Lake 9002 Main Street East Post Office Box 7380 Bonney Lake, WA 98391-0944
Sent Via Electronic Mail
Re: City of Bonney Lake--2021-S-2713--60-day Notice of Intent to Adopt Amendment
Dear Mr. Sullivan:
Thank you for sending the Washington State Department of Commerce (Commerce) the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description.
Ordinance D21-74 will amend Chapter 18.29 and Chapter 18.08 of the Bonney Lake Municipal Code, as well as repeal Chapter 18.33 for the purpose of creating a Commercial Light Industrial Center consistent with the purpose and current uses of Eastown. These code amendments help promote the previously adopted Eastown Subarea plan and the economic goals of the City of Bonney Lake.
We received your submittal on 05/28/2021 and processed it with the Submittal ID 2021-S-2713. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 07/27/2021.
We have forwarded a copy of this notice to other state agencies for comment.
Please remember to submit the final adopted amendment to Commerce within ten days of adoption.
If you have any questions, please contact Growth Management Services at [email protected], or call Anne Fritzel,

August 17, 2021 Packet

Documents

Transcript of August 17, 2021 Packet