HomeMy WebLinkAbout08-11-2009 Special
cirxoF, PLANNING & COMMUNITY
DEVELOPMENT COMMITTEE
WASHINGTON August 11, 2009
SPECIAL MEETING AGENDA
i. CALL TO ORDER - 6:00 PM, COUNCIL CHAMBERS
11. JOINT STUDY SESSION WITH PLANNING COMMISSION
A. Code Update Project
Continuation of August 4, 2009 study session to discuss Tier I issues
inclusive of draft text amendment language for Phase 2 of the Code
Update.
crrY oF Memorandum
WASHINGTON
*
/Ab
TO: Planning and Community Development Committee
Planning Commission
FROM: Kevin Snyder, AICP, Assistant Director, and Chris Andersen, Senior Planner
CC: Cindy Baker, AICP, Director
DATE: August 7, 2009
SUBJECT: Information for August 11, 2009 Special Joint MeeNng
Please find enclosed the following information items for the Phase 2, Tier 1 Code Update issues to be
discussed at the August 11, 2009 Special Joint meeting of the Planning and Community Development
Committee and the Planning Commission:
■ Agenda
■ Briefing summaries for the following discussion items:
o Chapter 18.32 ACC - M-1 Light Industrial District
o Chapter 18.33 ACC - Environmental Park (EP) District
o Chapter 1$.64 ACC - Administrative and Conditional Uses
■ City of Auburn Conditional and Administrative Use Tables
■ City of Auburn Comprehensive Plan Guidance- Conditional Use Permits
■ Chapter 18.64 ACC- Administrative and Conditional Uses
As per the request of the Committee and Commission at the Special Joint meeting on August 4, 2009, the
above information includes a set of tables that lists all of the Conditional and Administrative Uses
currently identified in the City's zoning code (Title 18 ACC). In addition, relevant policy guidance
contained in the City's Comprehensive Plan and a copy of Chapter 18.64 ACC- Administrative and
Conditional Uses has also been included.
Planning & Community Development Committee/Planning Commission
Special Joint Meeting
August 4, 2009
Briefina Summarv
1. SUBJECT: Chapter 18.32 ACC - Expanded Uses in the M-1 Light Industrial District.
II. ISSUE: As a result of the passage of Streamlined Sales Tax (SST) destination-
based sales tax sourcing by the Washington State Legislature, the City
seeks to explore zoning code options for expanding non-industrial uses in
the M-1 Light Industrial zoning district to better implement the City's
economic development policy by creating additional opportunities for jobs,
and revenue generation for property owners, businesses, and the City.
III. REGULATORY BACKGROUND:
■ The M-1 District implements the Light Industria/ land use designation in the City of
Auburn Comprehensive Plan. Objectives for this land use designation are as follows:
o Implement the City's economic development policy;
o Accommodate a wide range of industrial and commercial uses;
o Allow residential uses using development standards to ensure compatibility between
residential and non-residential land uses; and
o Provide separation between Heavy Industrial land uses and other land uses.
■ Allowable land uses and the associated development standards for land in the M-1 Light
Industrial District are prescribed in Chapter 18.32 ACC.
o Under the City's existing zoning regulations, a mix of light industrial, commercial and
residential uses is currently allowed in the M-1 District. In general, allowed uses in
the M-1 District include:
1. Manufacturing
2. Warehousing and distribution facilities
3. Retail sales of all types
4. General office
5. Auto-related uses
6. Multi-family residential dwellings (upper building floors)
7. Contractor services
8. Research and development
9. Restaurants
10. Hotels and motels
o Supplemental standards for the M-1 District limit the type and amount of outdoor
uses and/or storage allowed
IV. OPTIONS:
Option 1: Prescriptive Approach - Update the current M-1 District use and development ~
standards of Chapter 18.32 ACC to: a) Expand the range of allowed uses, b) Restrict or
1
eliminate one or more existing allowed uses; and/or c) Require certain uses to be combined
versus "stand alone".
Option 2: Incentive Approach - Revise the M-1 District use and development standards to
encourage or discourage selected uses, and/or to only allow certain uses as Flexible
Development Alternatives for qualifying applications.
Option 3: Implementation and timing - Revise use regulations to: a) apply to future uses only
(no time limit or abatement requirement on resulting non-conforming uses), or b) apply to
current and future uses in zone, with resulting non-conforming uses subject to a time limit and
abatement.
O tion 4: Some combination of Options 1 through 3.
V. PROS/CONS:
Option 1:
Pro: Prescriptive approach offers higher level of predictability in uses to be developed, is the
most familiar to council, staff, and market, and does not involve a significant learning curve or
change in business practices.
Con: Adding additional permitted uses to zoning code does not ensure that the desired mix of
uses will follow. Highly prescriptive regulations may not provide any incentive for innovation.
Prohibiting uses currently allowed in the District would likely create new non-conforming uses.
Option 2:
Pro: Range of allowed uses with incentive approach provides land owners and developers with
greater land use flexibility and greater ability to respond to market factors; is more likely to
encourage innovation and developments that exceed minimum standards.
Con: Property owners and developers may choose to develop uses that while allowed, are not
part of the City's desired mix of uses in the zone. This may retard the City's progress with its
economic development objectives for the district.
Option 3a:
Pro: Applying code changes to future uses only would minimize the potential for disruption of
existing uses in the District.
Con: Non-conforming uses may not be entirely compatible with City's desired mix of uses for the
district. Non-conforming uses may remain in the District for a significant period of time; during
which the City's economic development objectives may not be fully realized.
Option 3b:
Pro: Setting a time limit for transitioning the zone to the desired mix of businesses would serve
to expedite the transition of use types in support of the City's economic development objectives.
Con: Changing the type or location of existing business to comply with revised zoning would
likely result in some level of short-term economic disruption. Some businesses may choose to
relocate outside of the City.
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VI. QUESTIONS FOR COMMITTEE/COMMISSION:
1. Does the Committee/Commission feel the City should expand the range of non-
industrial uses in the M-1 District?
2. If the answer to Question #1 is yes, should the City use a prescriptive approach, i.e.
requiring or prohibiting certain uses, or encourage such uses through the use of
development standards, and/or other incentives?
3. Should the amendments to permitted uses and development standards apply only to
future uses M-1 District, or existing uses as well?
4. Should the City broaden its review to include other zoning districts such as the BP
Business Park and/or M2 Heavy Industrial Districts?
3
Planning & Community Development Committee/Planning Commission
Special Joint Meeting
August 4, 2009
Briefinq Summarv
1. SUBJECT: Chapter 18.33 (Environmental Park) Regulations Update
11. ISSUE: Refinement of current regulations to provide increased regulatory
flexibility and further establish the Environmental Park District in the
marketplace for academic research and development, environmental and
energy related businesses and public information and education.
III. REGULATORY BACKGROUND:
■ City of Auburn Economic Development Strategies (November 14, 2005) contains AEP
Green Zone Strategy Area recommendations:
o Strategy =Create an economically enhanced area that complements the Auburn
Environmental Park and sustains environmentally sensitive industries.
■ Chapter 18.33 (Environmental Park District) enacted by Ordinance No. 6036 in 2006:
o Goal was to create a zoning designation that allowed for appropriate uses within
proximity to the Auburn Environmental Park (AEP) that would benefit from this location
and would compliment the Park and its environmental focus
o Chapter 18.33 structured similar in use allowances and development standards to
Chapter 18.32 (M-1 Light Manufacturing District)
o Section 18.33.010 (Intent) specifies: "....Uses allowed in this zone will focus upon
medical, biotech and "green" techno/ogies inc/uding energy conservation, engineering,
water quality and similar uses [emphasis added] Other uses complementary to and
supporting these uses are also allowed. Incorporation of sustainable design and green
building practices will be a primary aspect of this zone."
o Goals in Section 18.33.010 (Intent) may not be fully realized through current regulations
and standards Sections 18.33.020 (Permitted Uses) and 18.33.030 (Uses requiring
Conditional Use Permit), Section 18.33.040 (Development Standards) and Section
18.33.050 (Supplemental Developmental Standards)
There have also been recent efforts by members of the City Council and staff to further develop
the market awareness of the Environmental Park District through the establishment of the
Auburn Scientific Center for Emergent New Technologies (ASCENT) concept. ASCENT is
conceived as a facility where academics, new environmental or energy businesses and the
public will come together to engage in research and development, new business incubation and
public education and awareness. In addition, there is an effort to further refine the overall name
of the District. One potential option that has been discussed is the E3 Innovator where the E3
stands for the energy, environment and economy focus of the District and the Innovator
highlights the intended innovative nature of the District.
IV. OPTIONS:
Option 1: Update current regulatory structure - clarify permitted and conditional uses, modify
site development standards and supplemental standards
Option 2: Performance zoning -Establish performance benchrraarks addressing the acceptable
intensity of land uses and its impact on surrounding properties and the immediate area
1
Option 3: Incentive zoning - Establish an incentive based approach similar to what was done in
the recently adopted Chapter 18.49 (Flexible Development Alternatives) and the concept of
increased lot coverage flexibility discussed by staff and the Planning and Community
Development Committee
Option 4: Market based zoning - This approach involves establishing the City's development
expectations or "bookends" and then allowing the market decide how to best to meet the
expectations. This approach is less about specifying uses and standards than it is about setting
the "development bar"
Option 5: Some combination of Options 1 through 4
V. PROS/CONS:
Option 1:
Pro: Most familiar to Council, staff and market; does not involve a significant learning curve or
change in business practices
Con: Least Flexible; limits City's ability to be market responsive
Option 2:
Pro: Provides for goal setting and benchmarking that can result in quantitative and qualitative
measuring; more flexible than Option 1
Con: Significant learning curve for Council, staff and clients; goals and benchmarks may need to
be frequently updated to respond to changes in market forces and/or changes in regulations
Option 3:
Pro: Incentive based approach is familiar based on recent work efforts for Chapter 18.49 and
other incentive approaches; more Flexible than Option 3
Con: Government has limited toolkit of incentives that may or may not be used by market;
significant time may be needed to develop and "veY" incentives with City policymakers and
market
Option 4:
Pro: Most flexible; allows for more of a negotiated approach to development; may illicit positive
response from market because of the allowance for business oriented decision-making;
Con: Relies upon "good faith" of market; may be more difficult for City to measure success
VI. QUESTIONS FOR COMMITTEE/COMMISSION:
1. What level of regulation is appropriate for the EP zoning district?
2. Does the City want to maintain a high degree of flexibility in EP zone related regulations to
provide it with the ability to quickly and efficiently respond to changes in current or future
market forces?
3. Should the land uses in the EP zone be specific to environmental and energy oriented land
uses and limit or prohibit those uses that are not consistent with this orientation?
4. What scale of development is appropriate to the EP zone? For example, would a business
that deals in construction related recycling be appropriate if it involves a significant amount
of outdoor storage and/or activity?
2
Planning & Community Development Committee/Planning Commission
Special Joint Meeting
August 4, 2009
Briefinq Summary
1. SUBJECT: Chapter 18.64 ACC Administrative vs. Conditional Uses.
II. ISSUE: A review of the Conditional and Administrative Use Permit processes, and
evaluation of those uses that are currently treated as Conditional Uses
requiring a public hearing and decision by the Hearing Examiner to
determine whether some of those uses should be processed as an
administrative use approval instead.
III. REGULATORY BACKGROUND:
■ Chapter 18.64 ACC provides requirements for both the City of Auburn's Conditional Use
Permit process and Administrative Use Permit process.
■ The City of Auburn Comprehensive Plan provides states that conditional use permits
should be divided into two classes under the zoning code. Routine permits intended to
merely check compliance with standards should be an administrative process with
appropriate appeals provisions, while permits involving more substantive policy
questions or interpretations should be processed through the hearing examiner system.
■ For each zoning district, the City of Auburn Zoning Code specifies which uses are
allowed subject to a Conditional Use Permit or an Administrative Use Permit. For the
substantial majority of uses and zones, uses are currently required by City Code to be
reviewed as Conditional Uses that must go to the Hearing Examiner for a decision.
IV. OPTIONS:
Option 1: Administrative Conditional Use Default. Under this option, a conditional use permit
process that assumes an administrative conditional use permit approval by the Planning
Director or designee in all cases, unless specified criteria are met (i.e., number of public
comments received, the scale and/or intensity of the use is potentially large enough to have
wide-scale external impacts, etc.). The Planning Director would have authority to elevate the
proposal up to the Hearing Examiner if the Director determines that changes in scope or
intensity of the project require additional public scrutiny.
Option 2: Administrative Conditional Use based upon size/intensity of land use. This approach
would allow a potential land use to be reviewed either at an administrative or Hearing Examiner
level based upon the size, or scale of use, as prescribed on the zoning use tables for each
zone. Under this method, the City could also allow a use as permitted, unless it reaches a
certain size and/or threshold, in which case it would be either an administrative or Hearing
Examiner conditional use review.
Ontion 3: Administrative Conditional Use applied to separate uses. This option would provide
for a conditional use permit process that reviews the various land uses within the City's zoning
code and determines which of the uses would be better processed as an administrative
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conditional use subject to review and approval of the Planning Director or designee and which
would be better processed as a Hearing Examiner conditional use (similar to the City's current
use-based approach to the application of Conditional Use Permits).
Option 4: Some combination of Options 1 through 3.
V. PROS/CONS:
Option 1:
Pro: Initial default to Administrative review would result in processing Hearing Examiner
Conditional Use Permits by exception, based on the specifics of each proposal. Only those
proposals that meet certain conditions would need to incur the additional time and expense of
the Hearing Examiner Conditional Use approval.
Con: This option offers a relatively greater degree of administrative (staff) discretion. While the
Director could always have the option to elevate a proposal to the Hearing Examiner Conditional
Use review, the exercise of that discretion would likely vary to some extent as the process is
administered by different directors.
Option 2:
Pro: This option provides for more of a correlation between the level of review and the scale of a
proposal.
Con: If criteria for administrative vs. hearing examiner review are not clear, applicants and other
users of the code may be confused about what level of review is required for certain uses.
Option 3:
Pro: This use-based approach is most familiar to council, staff, and users of the code and
learning curve during implementation would be the least of the three options. Additionally, it
offers the advantage of being relatively simple to understand and administer- specific uses
would always have the same type/level of review.
Con: This option is the most inflexible, certain uses would always go to Hearing Examiner for
decision regardless of size, scale, or other factors.
VI. QUESTIONS FOR COMMITTEE/COMMISSION:
1. Does the Committee/Commission feel it is appropriate to review current administrative
and conditional uses to see if certain uses should be processed administratively
instead of as a Hearing Examiner decision?
2. Does the Committee/Commission feel that process predictability is more important, or
process flexibility, or some balance between the finro?
3. Which of the above approaches does the Committee/Commission feel is most
appropriate for Auburn?
2
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
RESIDENTIAL ZONE CONDITIONAL USES
C = Conditional Use
Land Uses Zoning Designations'
R-C R•1 R-5 R-7 R-10 R•16 R•20
UNCz
Boardinghouses (with three or more boarders) C C C
Duplexes, provided that minimum lot size of c
zoning designation is met and subject to
compliance with Chapter 18.25 (Infill Residential
Standards)
Foster care homes C C C C C C C
Group residence facilities (7 or more residents) C C C
Multiple-family dwellings C
Neighborhood recreational buildings and facilities C C C C C
owned and managed by the neighborhood
homeowners' association
Residential care facilities including but not limited c
to assisted living facilities, convalescent homes,
continuing care retirement facilities
Commercial horse riding and bridle trails c
Commercial retail, included as part of mixed use C C C
development and not a home occupation in
compliance with Chapter 18.60 ACC
Daycare limited to a mini daycare center. Daycare C C C C C C
center, preschool or nursery schools may also be
permitted but must be located on an arterial.
Mixed Use Development3 C
Nursing homes C C C
1 R-C: Residential Conservancy Zone; R-1: Residential, 1 Dwelling Unit (DU)IAcre Zone; R-5: Residential, 5 DU/Acre Zone; R-7:
Residential, 7 DUTAcre Zone; Ft-10: Residential, 10 DUTAcre Zone; R-16: Residential, 16 DUTAcre Zone; R-20: Residential, 20
DUTAcre Zone, UNC: Unclassified Use District.
2 Conditional uses for the Unclassified District are the same as R-5 Residen6al Zone.
3 Individual uses that make up a mixed use deve{opment must be permitted within the zone. If a use making up part of a mixed-
use development requires a conditional use permit, the individual use must apply for and receive conditional use approval.
August 6, 2009 1 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
RESIDENTIAL ZONE CONDITIONAL USES (continued)
C = Conditional Use
Land Uses Zoning Designations'
R-C R-1 R-5 R-7 R-10 R-16 R-20
UNC2
Private country clubs and golf courses, excluding C C
driving ranges
Privately owned and operated parks, C C C C
playgrounds; not HOA-owned recreational area
Professional offices, included as part of mixed use C C C
development.
Fish hatcheries C
Civic, social and fraternal clubs C C C
Government facilities C C C C C C
Hospitals (except animal hospitals) C
Municipal parks and playgrounds C
Museums C C C
Religious institutions C C C C C C C
Transmitting towers C C C C C C C
Utility facilities and substations° C C C C C C C
MANUFACTURED/ MOBILE HOME COMMUNITY ZONE CONDITIONAL USES
Land Use R-MHC Zone
Daycare limited to a mini daycare center, daycare center, preschool, nursery school C
4 Excludes all public and private utility facilities addressed under ACC 18.02.040E.
August 6, 2009 2 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
COMMERCIAL ZONE CONDITIONAL USES
C = Conditional Use
Land Uses Zoning Designationss
RO ROH C•N C-1 G2 C-3 TV DUC
Civic, social and fraternal clubs. c C
Daycare limited to mini daycare center, daycare c C6 C
center, preschools or nursery schools.
Government facilities. C C C C' C' C' C7
Nursing homes. c C C
Personal service shops. c
Religious institutions. C C
Restaurants, excluding drive-in facilities. C C
Multifamily dwellings, provided 1,200 square feet c C C
of lot area is provided for each dwelling unit.
Other retail sales of products that support the c
medical community.
Drive-in facilities, including banks and C C CB
restaurants.
Liquor serving establishments, provided they are c
secondary to a restaurant use and limited to on-
premises consumption.
Restaurants and other eating establishments with c
a seating capacity of more than 25 seats.
Arcades. C C
Automobile sales and leasing, but not including c
recreational vehicles or heavy trucks, provided
certain requirements are met.
5 R0: Residential Office District; ROH: Residen6al Office- Hospital District; C-N: Neighborhood Shopping District; C-1: Light
Commercial District; C-2: Central Business District; C-3: Heavy Commercial District; TV: Terrace View District; DUC: Downtown
Urban Center District.
s Daycare, limited to daycare center, preschools or nursery schools.
70ffices and related uses are permitted outright.
a No drive-in facilities shall be allowed vehicle access to or from Main Street.
August 6, 2009 3 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
COMMERCIAL ZONE CONDITIONAL USES (continued)
C = Conditional Use
Land Uses Zoning Designationss
RO ROH C-N C•1 C•2 C•3 TV DUC
Automobile service stations, provided they are c
located at the intersection of two streets, one of
which must be an arterial.
Dance halls. C
Brew pubs. C C
Utility substations. C C C C
Household goods storage, provided certain c
requirements are met.
Apartments, no density limitations are applied. c
Any expansion of the space, volume, area or C
facilities of any automobile repair, maintenance
or service, automobile service station, or car
wash business that existed before the effective
date of Ordinance No. 5555.
Gasoline dispensing facilities for passenger c
vehicles, provided the requirements of ACC
18.28.030 are met. These facilities are not
intended to be the same as or allow for an
automobile service station.
Expansions of existing automobile maintenance C
and repair businesses.
Expansions of existing gasoline stations. C
Animal daycare businesses that feature outdoor C
exercise areas and/or kennels.
Expansion or alteration of any existing structure C
not exempted under ACC 18.29.020(C) that does
not result in a FAR of 0J5 or greater.
Any development that seeks to deviate from any C
development standard listed in ACC 18.29.060.
August 6, 2009 4 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
COMMERCIAL ZONE CONDITIONAL USES (continued)
C = Conditional Use
Land Uses Zoning Designations5
RO ROH C-N C-1 C-2 C•3 TV DUC
Miscellaneous light manufacturing including toys, C C
jewelry, ceramic, musical instruments and similar
products, apparel and other finished products
made from fabrics, leather, and similar materials,
manufacturing of professional, scientific, and
controlling instruments, watch/clock
manufacturing, and similar products, with retail
sales of products manufactured on the premises.
Semi-tractor and trailer sales. C C
Heliports. C C
Work release, prerelease or similar facilities C C
offering alternatives to imprisonment under the
supervision of a court, state or local government
agency, and meeting the standards established
under ACC 18.48.090.
INDUSTRIAL AND OTHER ZONE CONDITIONAL USES
C = Conditional Use
Land Uses Zoning Designations9
M-1 M-2 EP P-1 I BPIO LFIO
Auction houses, excluding animals. c
Auction houses, including animals. c
9 M-1: Light Manufacturing District; M-2: Heavy Manufacturing District; EP: Environmental Park District; P-1: Public Use District; I:
Institutional Use District; BP: Business Park District; LF: Landing Field District.
10 No conditional uses have been established for the Business Park or Landing Field Districts.
August 6, 2009 5 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
INDUSTRIAL AND OTHER ZONE CONDITIONAL USES (continued)
C = Conditional Use
Land Uses Zoning Designations9
M-1 M•2 EP P-1 I BP'O LF'O
Commercial recreation, including animai race c
tracks.
Govemment facilities. C C
Heliports. C C
Radio and television transmitting towers. C C C
Religious institutions, to be located in existing c C
facilities only.
Utility substationsll. C C C
Work release, prerelease or similar facilities c
offering alternatives to imprisonment under the
supervision of a court, state or local government
agency, and meeting the standards established
under ACC 18.48.090.
Secure community transition facilities meeting C C
the standards established under ACC 18.48.150
and Chapter 71.09 RCW.
Animal and food processing including the c
following:
1. Animal slaughtering;
2. Curing, canning, freezing, and processing of
meat and seafood;
3. Pickling and brine curing;
4. Rendering of animal or fish grease or tallow;
5. Tanning and dressing of hides.
Asphalt batch plants. c
11 When clearly incidental and part of a permitted use, the substation shall be permitted outright.
August 6, 2009 6 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
INDUSTRIAL AND OTHER ZONE CONDITIONAL USES (continued)
C = Conditional Use
Land Uses Zoning Designations9
M-1 M-2 EP P-1 I BPIO LF'O
Automobile wrecking and salvage. c
Bulk storage or processing of oil, gas, petroleum, c
butane, liquid petroleum, gas and similar
•
products, unless clearly incidental and secondary
to support a principally permitted use.
Bulk storage of explosives and fireworks. c
Commercial laundries. c
Commercial recreation, including animal race c
tracks.
Concrete mixing and batching plants, including c
ready-mix concrete facilities.
Drive-in theaters. c
Heavy metal processing, including blast furnaces, c
drop forges, and similar heavy metal operations.
Manufacture of: c
1. Ammunition and explosives;
2. Paving and roofing materials or other products
from petroleum derivatives.
Motels. c
Processing or pulping of wood or other fibers. c
Rock crushing plants. c
Refining of materials such as petroleum, metals c
and ores, fats and oils.
Salvage yards for/storage of inetals, paper, glass, c
rags, building materials, and similar activities.
Solid waste processing facility. c
Taverns. c
August 6, 2009 7 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
INDUSTRIAL AND OTHER ZONE CONDITIONAL USES (continued)
C = Conditional Use
Land Uses Zoning Designations9
M-1 M-2 EP P-1 I BPIO LF~O
Warehouse sales, open to the public, must have a c
minimum of 50,000 square feet of floor space.
Off-site hazardous waste treatment and storage c
facilities.
Projects that exceed the lot coverage c
requirements of mosi restrictive abutting zone.
Structures that are allowed to exceed height c
requirements pursuant to ACC 18.48.030.
Category I: Colleges and universities. c
Category II: Category II uses must be owned and c
operated in conjunction with an outright
permitted use as listed in ACC 18.44.020:
1. Airport landing area;
2. Assembly/light manufacturing;
3. Establishments serving alcoholic beverages;
4. Manufactured home parks;
5. Multiple family dwellings;
6. Retail sales and service;
7. Duplexes.
PUD- LAKELAND HILLS SOUTH CONDITIONAL USES
Conditional uses permitted throughout the Lakeland Hills South PUD as specifically authorized by the
development plan:
1. Civic, social and fraternal clubs.
2. Mini-daycare and daycare centers.
3. Preschools or nursery schools.
4. Religious institutions.
5. Utility substations.
6. Municipal Services, including police; fire; and library.
Conditional uses pernutted in areas of the PUD with a comprehensive plan designation of "Light
Commercial" as specifically authorized by the development plan: automobile service stations; drive-
through facilities, including banks and restaurants; and brewpubs.
August 6, 2009 8 of 9
CITY OF AUBURN CONDITIONAL AND ADMINISTRATIVE USES
WIRELESS COMMUNICATIONS FACILITIES (WCF)
C= Conditional Use Permit Re uired A= Administrative Use Permit Re uired
Wireless Communication Zonin Desi nations
Facility (WCF) Type All ROH CN C1 C2 C3 M-1 M-2 P•1 I LF
DUC EP
Type 1-13: Antenna on existing
building or nonresidential A A A A A A
structure, where the combined
height is less than 50 percent
greater than the building and
does not exceed height limit of
district.
Type 1-C: Antenna on existing
building or nonresidential C C C C A A A A C C
structure, where the combined
height is 50 percent greater
than the building or exceeds
the height limit of district.
Type 1-1): Antenna on existing
building or nonresidential ~C~Z
structure, where the antenna is
located on existing public utility
infrastructure notlocated
within public street ROW.
Type 2-13: Antenna on existing
primary support structure that A A A A
has prior city approval, and is
taller than prior approval or
requires more than 50 %
expansion of equipment area.
Type 3-A: Antenna with new
monopole primary support A A A C
structure that is 75 feet or less
in height.
Type 3-13: Antenna with new
monopole primary support C C C
structure that is more than 75
feet in height or new lattice
tower of any height.
OTHER ADMINISTRATIVE OR CONDITIONAL USE APPROVALS
Landscaped Berms. Landscaped berms may be required to mitigate any impacts associated with
a specific project, and may be applied through an administrative or conditional use permit.
12Type 1-D WCFs are permitted outright; additional height allowance up to 20 percent of the supporting structure ailowed with
Administrative Use Permit, or up to 30 percent of the supporting structure with a Conditional Use Permit.
August 6, 2009 9 of 9
City of Auburn Comprehensive Plan Guidance- Conditional Use Permits
Chapter 15, page 15-9 of the City of Auburn Comprehensive Plan provides the following
guidance in regard to the general administration of the City's Conditional Use Permit
process:
Zoning Code Administration
There is a particularly direct relationship between the implementation of a
Comprehensive Plan and a zoning code. While this Plan seeks to establish a
comprehensive framework to guide future development, it also recognizes the need to
provide for an efficient decision making process in order to avoid needless and often
expensive delays for projects. Consequently, the zoning code and its administration
should provide for decision making processes which are related to the significance of the
policy issue involved. Minor issues (such as whether a proposed conditional use complies
with standards established in the Plan) should be determined in relatively quick
administrative processes. Major issues (such as a possible conflict with the
Comprehensive Plan Map) should be thoroughly assessed and subject to full public
scrutiny.
Conditional Use Permits
Conditional use permits should be divided into two classes under the zoning code.
Routine permits intended to merely check compliance with standards should be an
administrative process with appropriate appeals provisions. Permits involving more
substantive policy questions or interpretations should be processed through the hearing
examiner system, with appeal to the City Council.
Aubum City Code
Chapter 18.64
ADMINISTRATIVE AND CONDITIONAL USE PERMITS
Sections:
18.64.010 Intent.
18.64.020 Process.
18.64.030 Application.
18.64.040 Findings of fact.
18.64.050 Conditions of approval.
18.64.060 Time limitations.
1$.64.070 Revocation of pernut.
18.64.010 Intent.
It is the intent of this chapter to provide for a process to allow for uses that are not pernutted outright
within a zone. These uses typically require a special degree of control to make sure the uses are
consistent with and compatible to other existing and pernutted uses within the zone and to prevent and
abate public nuisances. Only those uses listed as requiring either an administrative or conditional use
pernut, within a particular zone, qualify for this process. The planning director may deternune that other
similar uses, which are not listed, may qualify for this process. This process is not to replace the variance
procedure or to pennit uses that are not allowed within the zone. (Ord. 4840 § 1, 1996; Ord. 4773 § l,
1995; Ord. 4229 § 2, 1987.)
18.64.020 Process.
A. Conditional Use Permits. A request for a conditional use pennit shall be heard by the hearing
examiner in accordance with the provisions of Chapter 18.66 ACC. The hearing examiner shall
make the final decision.
B. Administrative Use Permits. An administrative use pernut is a process to allow certain uses
which require some review in order to properly site them within the zone. It is intended to
provide an administrative process to provide an efficient review of uses to ensure the use is
compatible and consistent with other existing and pemutted uses in the zone. This process shall
only be used in those zones that specifically allow administrative uses.
1. The planning director shall review and approve all administrative uses. Upon receipt of a
proper application the director shall within 15 working days approve or deny the permit.
2. The director's decision shall be forwarded to the applicant.
3. Public notice in accordance with the provisions of ACC 14.07.040 shall be provided.
4. Any affected party may appeal the planning director's decision to the hearing examiner.
An appeal must be filed within 14 days of the date of mailing of the director's decision.
Mailing of the notice shall be by certified mail. The appeal shall be scheduled for the
next regularly scheduled meeting of the hearing examiner, for which proper public notice
can be provided. The city shall extend the appeal period for an additional seven days for
administrative use pernuts that are accompanied by a final mitigated deternunation of
nonsignificance or final EIS.
5. The appeal shall be processed consistent with the provisions of ACC 14.20.120. (Ord.
6185 §5, 2008; Ord. 5811 § 6, 2003; Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996; Ord.
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4304 § 1(45), 1988; Ord. 4229 § 2, 1987.)
18.64.030 Application.
A. In addition to the requirements for a complete application as set forth in ACC Title 14, an
application shall be required for approval of an administrative or conditional use permit which
shall include a site plan that illustrates the following:
1. Vicinity map;
2. Name, address, phone number of property owner;
3. Name, address, phone number of engineer or agent;
4. Boundaries and dimensions of property;
5. Adjacent public streets;
6. Easements, existing and proposed;
7. Location and size of all existing and proposed utilities;
8. Location of building, including setbacks;
9. Location and layout of off-street parking;
10. Location and height of fences;
11. Location and size of signs;
12. Landscape detail;
13. Indication of height of buildings.
B. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40
feet. The site plan must be easily reproducible and on a sheet size no larger than 24 inches by 36
inches; more sheets may be allowed if necessary. A reproducible and seven copies of the site
plan shall be submitted at time of application.
C. The site plan shall be adopted and made part of the permit. Subsequent building permits and
construction activity shall be in accord with the approved site plan. Adjustments to the site plan
may be approved as follows:
1. Minor Adjustments. Minor adjustments may be made and approved by the planning
director. Minor adjustments are those which may affect the precise dimensions or siting
of buildings, but which do not affect the basic character or arrangement of buildings
approved, nor the development coverage of the development or the open space
requirements. Such dimensional adjustments shall not vary more than 10 percent from
the original.
2. Major Adjustments. Major adjustments are those, when determined by the planning
director, that substantially change the basic design, coverage, open space or other
requirements of the permit. When the planning director deternunes a change constitutes a
major adjustment, no building or other permit shall be issued without prior review and
approval by the hearing examiner of such adjustment. (Ord. 6185 § 6, 2008; Ord. 4840 §
1, 1996; Ord. 4229 § 2, 1987.)
18.64.040 Findings of fact.
Administrative and conditional use pernuts may only be approved if findings of fact are drawn to support
the following:
A. The use will have no more adverse effect on the health, safety or comfort of persons living or
working in the area and will be no more injurious, economically or otherwise, to property or
improvements in the surrounding area than would any use generally permitted in the district.
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Auburn City Code
Among matters to be considered are traffic flow and control, access to and circulation within the
property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs,
yards and other open spaces, height, bulk, and location of structures, location of proposed open space
uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration;
B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan;
C. The proposal complies with all requirements of this title;
D. The proposal can be constructed and maintained so as to be harmonious and appropriate in
design, character, and appearance with the existing or intended character of the general vicinity;
E. The proposal will not adversely affect the public infrastructure;
F. The proposal will not cause or create a public nuisance. (Ord. 4840 § 1, 1996; Ord. 4773 § 1,
1995; Ord. 4229 § 2, 1987.)
18.64.050 Conditions of approval.
In order to mitigate any significant adverse impact or support a finding of fact or prevent and abate public
nuisances associated with the proposal, conditions may be imposed which could increase requirements in
the standards, criteria, or regulations of this title or other city legislation or adopted policies. (Ord. 4840
§ 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 §2, 1987.)
18.64.060 Time limitations.
Unless specified elsewhere, an administrative or conditional use pernut shall be implemented within two
years of the approval. If a building pernut or occupancy permit has not been issued within the two-year
period then the administrative or conditional use pernut shall be null and void. (Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 19$7.)
18.64.070 Revocation of permit.
The building official may revoke or suspend any pernut granted under the chapter if any of the following
conditions is found to exist:
A. Fraud in obtaining the pernut;
B. Concealment or misrepresentation of any material fact on the application or on any subsequent
applications or reports;
C. The operation is found to be in violation of the approved plans, conditions of approvals, or the
terms of the pernut and the owner has failed to correct the violation after proper notice thereof.
(Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
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