HomeMy WebLinkAbout06-05-2012 Agenda Packet (2)The City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
June 5, 2012
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
II. APPROVAL OF MINUTES
A. May 8, 2012
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARING
A. Proposed Zoning Code Amendment to ACC Section 18.31.200 related to
Architectural and Site Design Review Standards and Regulations* (Dixon)
Summary: Planning Commission to conduct hearing and make recommendation on
proposed zoning code amendment to ACC Section 18.31.200 related to architectural
design review standards and regulations.
VI. OTHER BUSINESS
A. Proposed Amendments to Title 17, Land Adjustments and Divisions, Title 18,
Zoning, and Title 19, Impact Fees* (Chamberlain)
Summary: Planning Commission to review proposed zoning code amendments that
are housekeeping amendments to clarify regulations and amendments related to
recent changes in state law.
B. Proposed Amendments to Auburn City Code Section 12.64A.030 and Creating a
New Chapter, Chapter 17.28* (Chamberlain)
Summary: Planning Commission to review proposed zoning code amendment to
ACC Section 12.64A.030 and a new chapter to Title 17, Land Adjustments and
Divisions.
C. ZOA12-0002 – Cannabis Collective Garden Moratorium Expiration* (Taylor)
Summary: Discussion of the work plan established by Resolution No. 4739 which
placed a moratorium on the establishment of cannabis collective gardens and review
the recommendations of the Planning and Community Development Committee from
the May 29, 2012 meeting.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
May 8, 2012
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:03 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
Commission Members present were: Chair Judi Roland, Commissioner Ramey,
Commissioner Copple, Commissioner Mason, Commissioner Peace, and Commissioner
Baggett. Commissioner Trout and Commissioner Chapman were excused.
Staff present included: Planning Manager Elizabeth Chamberlain, City Attorney Dan
Heid, Senior Planner Hillary Taylor, and Planning and Development Department
Secretary Tina Kriss.
II. APPROVAL OF MINUTES
A. April 3, 2012
Commission asked that the minutes reflect Commissioner Baggett’s attendance at the
April 3, 2012 meeting.
Commissioner Peace moved and Commissioner Copple seconded to approve the
minutes from the April 3, 2012 meeting as corrected. Commissioner Mason abstained.
MOTION CARRIED UNANIMOUSLY. 4-0
III. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
IV. PLANNING DEPARTMENT REPORT
Planning Manager Chamberlain updated the Commission on current activities within the
City. The Auto Zone off Auburn Way North had their grand opening last week. They
received a temporary Certificate of Occupancy and will continue to finish their
landscaping requirements. The new black Main Street lights have been installed,
replacing the teal lights. There are a few bases to be installed that are on back order.
Auburn Environmental Park was opened April 5, 2012.
V. PUBLIC HEARING
There were no public hearings scheduled before Planning Commission.
VI. OTHER BUSINESS
A. Cannabis Collective Garden Moratorium Expiration
Senior Planner Hillary Taylor provided a briefing on Resolution No. 4739 which was
adopted by City Council on August 15, 2011 establishing a moratorium on collective
gardens. The moratorium expires on August 15, 2012.
PLANNING COMMISSION MEETING MINUTES May 8, 2012
Page 2
In 1970 the Controlled Substances Act was approved by the United States
Congress. The act regulates cannabis as a Scheduled I drug, classifying cannabis
as having high potential for abuse, no medical use, and not safe to use under
medical supervision. In conflict with this schedule adopted by Congress, sixteen
states have enacted legislation allowing the medical use of cannabis by their
citizens.
The Controlled Substance Act provides for a rulemaking process by which the United
States Attorney General can reschedule cannabis administratively, representing the
only means of legalizing medical cannabis without an act of Congress. Governor
Gregoire signed a letter petitioning the government to reclassify marijuana as a
scheduled II drug. To date this drug has not been reclassified.
The State of Washington Legislature adopted Engrossed Second Substitute Senate
Bill 5073 (E2SSB 5073) which became effective on July 22, 2011. E2SSB 5073
allows cannabis to be grown in collective gardens. The Governor vetoed portions of
the bill that are referenced by other sections, creating conflicts within E2SSB 5073.
Several Cities have adopted moratoriums in part, due to the clarity in the approved
E2SSB 5073, and conflict between the federal and state law, and potential changes
to the approved state bill due to citizen sponsored initiatives. Only one City,
Issaquah, has adopted regulations allowing the establishment of collective gardens
in some zoning districts.
At this time staff proposes to take a recommendation forward to City Council
recommending the extension of the moratorium due to the conflict between State
and Federal law; conflicts present in the bill approved by Governor Gregoire; the
petition before the Federal government to reclassify the drug and the publicly
supported initiative to legalize the use of the drug that will be put the voters in the
next general election this fall. An extension on the moratorium may allow time for
clear and reasonable direction from the State and Federal government to local staff
regarding the legality of the production and use of the drug.
Dan Heid provided handouts for Commissioners to review showing various opposing
views, lawsuits filed, and the opinion of Mark R. Bucklin, Washington Cities
Insurance Authority’s (WCIA) General Counsel. Attorney Heid explained the
extension can only be up to six (6) months and City Council will be required to hold a
public hearing, not the Planning Commission.
Commission and staff discussed various aspects of the potential extension of the
moratorium and support of the petition signed by Governor Gregoire. Commission
determined they would provide a recommendation at this meeting.
Attorney Heid explained that even if the moratorium is extended by City Council
there will be work that needs to be completed for the work plan that will be the
responsibility of the Planning Commission.
PLANNING COMMISSION MEETING MINUTES May 8, 2012
Page 3
Commissioner Peace moved and Commissioner Copple seconded to make a
recommendation to City Council to extend the moratorium (Resolution No. 4739) for
six (6) months from the August 15, 2012 expiration date.
MOTION CARRIED UNANIMOUSLY 6-0
Information to assist the Commission in making future recommendations on this item
will be made available as it is received by staff at future meetings.
Planning Manager Chamberlain stated the next meeting will be June 5, 2012.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 7:28 p.m.
AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed amendments to Auburn City Code Section
18.31.200 related to architectural and site design review standards (File
No. ZOA12-0003).
Date: May 24, 2012
Department: Planning and
Development
Attachments: See exhibit list (at end
of report)
Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on amendments to
Auburn City Code Chapter Section 18.31.200 and make a recommendation to the City Council.
Background Summary:
The purpose of this zoning code amendment is to provide a consistent process and rules that apply for
the administration of the city’s existing architectural and site design review standards.
The City has architectural and site design review standards in effect that apply to three distinct
geographical areas of the City and another set that apply throughout the entire City based the specific
land use type. The purpose of these architectural and site design review standards is to provide an
administrative process for evaluating the design and arrangement of buildings and site development to
ensure quality design of the built environment. The authority for the architectural and site design review
standards (design standards) were previously adopted by the City Council and are consistent with, and
implement the policies of the Comprehensive Plan. The design standards are illustrated by text, figures
and photos in each document.
The design standards applicable to each geographic area are unique and found in separate documents
that apply only to that area or type of land use project. The requirement for implementation of the design
standards is found in various sections of the zoning code.
As these design standards were adopted at different times and over a period of years there is not a
uniform set of regulations to administer the design standards. The design standards themselves are not
proposed to change through this code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: June 5, 2012 Item Number:
Agenda Subject: Agenda Subject: Proposed amendment to ACC Date: May 24, 2012
18.31.200 relating to architectural and site design review standards (File
No. ZOA12-0003)
Page 2 of 6
Findings of Fact
1. In general, the intent of the proposed zoning code amendment is to provide a consistent
process and set of rules for the administration of the city’s existing various architectural
and site design review standards.
2. The purpose of having these architectural and site design review standards is to provide
an administrative process for evaluating the design and arrangement of buildings and
site development to ensure quality design of the built environment. The authority for the
architectural and site design standards (design standards) were previously adopted by
the City Council and are consistent with, and implement the policies of the
Comprehensive Plan.
3. The City has architectural and site design standards currently in effect that apply to three
distinct geographical areas of the City and another set of design standards that apply
throughout the entire City based the specific land use type (multiple family or mixed use
developments). The City’s current adopted Design Standards include the following:
• The Downtown Urban Center Design Standards were adopted by Ordinance
No. 6071 in January 2007 to implement the, then new, Downtown Urban Center,
DUC zoning district.
• The Auburn Junction Design Standards were adopted by Ordinance No. 6190
in July 2008 to address the four-block downtown catalyst area.
• Multi-Family and Mixed-Use Development Design Standards were adopted
by the Council Planning and Community Development (PCD) Committee in June
2009 and subsequently amended by the PCD Committee in July 7, 2010.
• The Northeast Auburn Special Planning Area Architectural and Site Design
Standards were adopted by Resolution No. 4756 in December of 2011 as a
condition of the Development Agreement (DA) approved for the Northeast
Auburn /Robertson Properties’ Auburn Gateway Project.
4. Currently, the different design standards are implemented by different sections of the
zoning code. In turn, each of the zoning code sections reference the separate document
containing the specific design standards. The unique design standards for each; is in
each document illustrated by text, figures and photos.
5. The design standards documents themselves will not change through this code
amendment.
6. As these design standards were adopted at different times and over a period of years
there is not a uniform set of regulations to administer each set of the design standards.
Agenda Subject: Agenda Subject: Proposed amendment to ACC Date: May 24, 2012
18.31.200 relating to architectural and site design review standards (File
No. ZOA12-0003)
Page 3 of 6
7. Near the 2011, during the development of the Northeast Auburn Special Planning Area
Architectural and Site Design Standards, it became apparent that the existing sets of
architectural and design standards should have a common set of procedures and rules
for implementation and these should be found in the same code section. The Northeast
Auburn Special Planning Area Architectural and Site Design Standards were developed
with the idea that a future code amendment would be processed to provide common
rules and procedures for administration.
8. The code section ACC 18.31.200 implementing the Multi-Family and Mixed-Use
Development Design Standards contains the most administrative procedures. Some
other code sections which implement design standards don’t contain any administrative
procedures. The code amendment will revise this existing code section ACC 18.31.200
to broaden its scope to apply to all of the design review standards in effect for the City.
9. Amending the code to address all the design review standards and have these
referenced within a single code section would have the following benefits:
• Provide for ease of locating and use by perspective applicants.
• Provide consistency in the administrative process applied to design review
processes of the city.
• Provide guidance for administration of the design review standards where such
regulations do not currently exist.
• Provide uniformity in the administrative provisions for:
o intent and purpose statements,
o exemptions from the design review process,
o timing of the review process,
o submittal requirements,
o decision criteria,
o Planning Director’s ability to review and interpret provisions of the
separate architectural and site design standards documents,
• Provide a process to adjust previous design review approvals; and for appealing
planning director’s decisions on design review decisions.
10. The process for zoning code text amendments is described in ACC 18.68.,
‘Amendments’. In subsection ACC 18.68.020.C it distinguishes between those text
code changes that are “procedural” contrasted with those that are “substantive” and
states:
“For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done
in terms of conduct, use or action (e.g., what use may be made of land, what
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those
that relate to the process of how an application to take such action must be
pursued (e.g., time limits for applications and appeals, what forms must be used,
and where or how applications must be submitted. Essentially, "procedural" or
Agenda Subject: Agenda Subject: Proposed amendment to ACC Date: May 24, 2012
18.31.200 relating to architectural and site design review standards (File
No. ZOA12-0003)
Page 4 of 6
"administrative" matters are the mechanical rules by which substantive issues
may be pursued).”
11. The proposed code amendments are “procedural” since they relate to the manner in
which applications related to development are pursued, processed and allowed. The
code amendments do not change the design review standards applicable to
development as they do not define or limit what can be built or constructed.
12. The code amendments are exempt from environmental review process under the
Washington State Environmental Policy Act (SEPA), specifically Section WAC 197-
11800(19) which exempts the adoption of rules and regulations related to governmental
procedures and containing no substantive standards respecting use or modification of
the environment. Since the proposal is exempt, no threshold determination (decision) is
required.
13. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce and other state
agencies as required for the 60-day state review required for modification of
development regulations. The amendments were sent on March 30, 2012. The
Department of Commerce acknowledged receipt on April 2, 2012.
14. The general approach of these code amendments was discussed with and reviewed by
the Planning and Community Development Committee of the City Council on February
27, 2012 at their regular meeting. The Committee was supportive of the general
approach.
15. Staff discussed and presented an earlier draft of the code amendments language to the
Planning Commission on March 6, 2012 at their regular meeting.
16. The public hearing notice was published on May 25, 2012 in the Seattle Times at least
10 days prior to the Planning Commission public hearing scheduled for June 5, 2012.
The public notice of the hearing was also posted at multiple locations in city offices and
on the city’s website.
17. The following conclusions support the proposed amendments to Chapter 18.31.200,
scheduled for the Planning Commission’s June 5, 2012 public hearing with a staff
recommendation of approval.
Conclusions
1. These code amendments are supported by the City of Auburn’s Comprehensive Plan.
The Comprehensive Plan contains several goals, objectives and policies that promote
the City’s use of design standards. For example, an entire Chapter, Chapter 12, ‘Urban
Design’ is devoted to establishing the city’s guidance for design review. The
Comprehensive Plan has fewer sections that address the more specific subject of
administration of these design review standards. The administration of the design
Agenda Subject: Agenda Subject: Proposed amendment to ACC Date: May 24, 2012
18.31.200 relating to architectural and site design review standards (File
No. ZOA12-0003)
Page 5 of 6
review standards is governed by the following goals, objectives, and policies from the
Comprehensive Plan:
2. CHAPTER 1 – PLAN BACKGROUND
“GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use
and development, especially where residential uses are affected, but to also
provide flexibility for development through performance standards that allow
development to occur while still protecting and enhancing natural resources,
cultural resources and critical lands and in overall compliance with this
Comprehensive Plan.”
“Discussion: Predictability of land development regulation is important to both
existing and future property owners and to new development. It assures property
owners that adjacent properties will develop in a consistent manner and it helps
new development to plan for their development based on knowing what is
allowed and what is not. Since all parcels are not identical, however, it is helpful
to have some flexibility in land development regulation. While a variance can
sometimes resolve some of these issues, regulations which provide some
flexibility in the form of performance standards can help to provide development
which better meets the goals and policies of this Comprehensive Plan rather than
strict adherence to a set standard established in the zoning ordinance.”
(emphasis added)
“A discussion of issues and polices related to this goal can be found in Chapter
2: General Approach to Planning.”
Complies: This goal sets out that all of the City’s regulations should be designed to
provide predictability while maintaining the ability for flexibility in development. By
providing a uniform set of administrative procedures for design review standards and the
design review process, this code amendment provides this predictability and
consistency. Also, in furtherance of this goal, the code amendment provides procedures
for the director’s interpretation of the design standards, adjusting design approvals and
appealing decisions to provide flexibility.
CHAPTER 1 – PLAN BACKGROUND
“GOAL 22 - URBAN DESIGN AND VISUAL QUALITY: To ensure a high quality
visual environment through appropriate design standards and procedures which
encourage high quality architectural and landscape design in all development
and through the placement of artwork in public places. The City recognizes the
linkages between transportation, land use and site design and encourage
development which eases access by pedestrians, bicyclists and transit users.”
“Discussion: As urban areas develop, and particularly as densities increase,
the quality of development plays a major factor in maintaining the quality of life
for the area's residents and employees. Auburn places a high value on good
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.31.200 relating to architectural and site design review standards (File
No. ZOA12-0003)
Date: May 24, 2012
Page 6 of 6
design, visual quality and landscaping in all development - new and old. Auburn
will seek to develop standards and programs to ensure that all development is of
high quality and is visually appealing.”
“A discussion of issues and policies related to this goal can be found in Chapter
4: Housing and Chapter 12: Urban Design.” (emphasis added)
Complies: This goal is directed at ensuring high quality architectural and landscape
design through appropriate use of design standards and procedures. This goal also
recognizes that an overall program related to the administration of design review
standards is a necessary element for the effective use.
3. CHAPTER 12 - URBAN DESIGN
“Objective 22.6. Establish a Design Review Process:
UD-28 The City developed new design standards for development within
downtown Auburn and for multi-family and mixed-use development. These
standards provide guidance for improved landscaping, site design and
architectural standards. These standards should be reviewed periodically to
keep with current planning trends and market demands.”
“UD-29 The City revised its ordinances to establish an administrative design
review procedure for development in the downtown and for multi-family and
mixed-use developments. It is handled as a responsibility of the Planning
Department and incorporated into current development review procedures to
minimize time and expense, both for the City and the applicant. Developments
subject to design review standards are outlined in city code.”
Complies: This objective and two related policies address the promulgation of design
standards and the associated procedures to implement these standards.
Staff Recommendation
Planning Commission to recommend approval to the City Council.
Exhibits:
Exhibit A: Proposed code changes to ACC 18.31.200, Multiple-Family and Mixed-Use Design
Standards and Procedures
Exhibit B: Request letter to Dept of Commerce for 60-day state review
Exhibit C: Request to publish hearing notice in newspaper
February 13 2012, Revised May 31, 2012
Page 1 of 10
18.31.200 Multifamily development and mixed‐use development Architectural and site
design review standards and proceduresregulations.
A. Intent and Purpose. The architectural and site design regulations provide an
administrative review process for evaluating the design and arrangement of
development. The architectural and site design regulations are intended to be
consistent with and implement the policies of the comprehensive plan. The purposes of
these design review regulations are to:
1. Foster good decision‐making for development through architectural and site
design within the context of the community's built and natural environmental
character, scale and diversity;
2. Promote the use of appropriate scale of buildings and the configuration of open
space and parking areas for development to safely and comfortably
accommodate pedestrian activities;
3. Coordinate the interrelationship of buildings and public and private open space;
4. Discourage monotony in building design and arrangement, while promoting
harmony among distinct building identities; and
5. Mitigate, through design and site plan measures, the visual impact of large
building facades, particularly those which have high public visibility (Creatively
use architectural and landscape features in order to reduce the actual and
perceived scale and bulk of exterior walls of structures).
B . Applicability. The following land uses, types of development activities, including all
related site improvements, and geographic areasincluding all related site improvements,
are subject to the architectural and site design standards and the , processes and
regulations procedures for conducting design review contained in this chapter:
1. Multiple‐Family and Mixed Use Developments. The following land uses and
types of development are subject to the City’s Multiple‐Family and Mixed‐Use
Design Standards document unless the land use or development is addressed by
a different set of architectural and site design standards applicable to a specific
geographic area.
a. Multifamily development, inclusive of triplexes and fourplexes in all
zones in the city where permitted outright or as a conditional use and
not otherwise addressed through the city's Residential Iinfill
Development design Sstandards (ACC 18.25); and
February 13 2012, Revised May 31, 2012
Page 2 of 10
2b. Mixed‐Use Residential Development. Mixed‐use development
containing residential living units in all zones in the city where permitted
outright or as a conditional use; and,
3c. Retirement apartments, congregate living facilities and senior housing
complexes in all zones in the city where permitted outright or as a
conditional use.
2. Downtown Urban Center. Development activities in tThe following locations of
development activities are subject to the City’s Downtown Urban Center Design
Standards.
a. Properties located within the boundaries of the DUC, (Downtown Urban
Center) zoning district as identified on the Comprehensive Zoning Map
as required by ACC 18.29.020.
3. Auburn Junction. Development activities in tThe following locations are subject
to the City’s Auburn Junction Design Standards.
a. Properties located within the four block area bounded by West Main
Street, 2nd Street SE/SW, A Street SE, and A Street SW as identified by
Auburn City Code 18.29.070(, Design Standards of the DUC) , in the
Downtown Urban Center zone.
4. Northeast Auburn Special Planning Area. Development activities in tThe
following locations are subject to the City’s Auburn Gateway Architectural and
Site Design Standards.
a. Properties located within the boundaries of the Auburn Gateway
Project as defined by the Development Agreement approved by City
Resolution No. 4756 (Section 4 and Attachment 4).
CB. Exemptions. The following activities as determined by the Pplanning Ddirector shall be
exempt from the provisions of the design standards, as determined by the Planning
Director:
1. Any building activity that does not require a building permit; or
2. Interior construction work whichthat does not alter the exterior of the
structure; or
3. Normal or routine building and site maintenance/repair that is exempt from
issuance of a permit requirements including the repair or maintenance of
structural members; or
February 13 2012, Revised May 31, 2012
Page 3 of 10
4. Interior alterations that do not alter the exterior appearance of a structure or
modify an existing site condition; or
5. Site and exterior alterations that do not exceed 10 percent of the assessed
valuation of the property building or land per the most recent county records;
or
6. Building additions that are less than 10 percent of the existing floor area of the
existing building. Any cumulative increase in floor area, increasemeasured from
the adoption date of the ordinance establishing these architectural and site
design standards, that totals more than 10 percent shall not be exempt unless
the Pplanning Ddirector determines compliance with these standards would be
unfeasible and/or unreasonable.
C. Description and Purpose. The design regulations are intended to be consistent with and
administered to help implement the policies of the comprehensive plan. The purposes of these
design review regulations are to:
1. Foster good decision‐making for multifamily and mixed‐use development in
architectural and site design within the context of the community's built and natural
environmental character, scale and diversity;
2. Promote the scale of buildings and the configuration of open space and parking areas
for multifamily and mixed‐use development to safely and comfortably accommodate pedestrian
activities;
3. Discourage placement of multiple‐family and mixed‐use complexes around large
expanses of vehicular circulation and parking without providing adequate places for recreational
and play activities;
4. Discourage monotony in building design and in the arrangement of multiple‐family and
mixed‐use complexes, while promoting harmony among distinct building identities; and
5. Mitigate, through design and site plan measures, the visual impact of large building
facades, particularly those which have high public visibility (these standards encourage creative
use of architectural and landscape features so as to reduce the actual and perceived scale and
bulk of multi‐family and mixed‐use structures).
D. Design Standard Documents. Adopted by reference are the following architectural and
site design documentscity of Auburn multifamily and mixed‐use design standards, a,
copiesy of which shall be maintained by the city clerk. Theseis documents contains the
standards for the design and development of the built environment environment.
pertaining to multifamily and mixed‐use development in applicable city zones. The
Pplanning Ddirector or designee shall have the authority to apply the standards to
February 13 2012, Revised May 31, 2012
Page 4 of 10
specific development proposals. The following specific architectural and designse
standards documents may be amended upon approval by the Pplanning and
Ddevelopment Ccommittee of the Auburn Ccity Ccouncil.:
1. Mixed Use and Multiple Family Development Design Standards.
2. Auburn Gateway Architectural and Site Design Standards.
3. Downtown Urban Center Design Standards.
4. Auburn Junction Design Standards.
E. Timing of Administrative Design Review.
1. Design review shall be conducted by the Pplanning Ddirector or designee prior
to or concurrent with the processing of as a part of site plan review pursuant to building
permits issuance and/or review of discretionary land use approvals/permits.
2. The Planning Director’s administrative design review determination pursuant to
subsection J shall be issued prior to issuance of the building permits and/or issuance of
discretionary land use approvals/permits.
F. Pre‐application Meeting –When Required Associated with a Design Review.
1. A pre‐application conference is required for the following instances:
a. For multi‐family development in the R‐10, R‐16, and R‐20 Residential
zones; and
b. For mixed‐use development containing residential living units located
within R‐10, R‐16 and R‐20 Residential zones; and
c. For mixed‐use development containing residential living units located
within commercial zones; and
d. For retirement apartments, congregate living facilities and senior
housing complexes located within R‐10, R‐16 and R‐20 Residential
zones, and all commercial zones.
2. A pre‐application conference is strongly recommended for all other projects subject to
the city’s architectural and site design butreview but is not required. for multifamily
development inclusive of triplexes and fourplexes located within R‐5 and R‐7 zones not
otherwise addressed through the city's infill design standards.
3. A pre‐application conference is required for multi‐family development in the R‐10, R‐16,
R‐20 zones.
February 13 2012, Revised May 31, 2012
Page 5 of 10
4. A pre‐application conference is required for mixed‐use development containing
residential living units located within R‐10, R‐16 and R‐20 zones, and all current commercial
zones;
5. A pre‐application conference is required for retirement apartments, congregate living
facilities and senior housing complexes located within R‐10, R‐16 and R‐20 zones, and all current
commercial zones;
GF. Design Review Submittal Requirements. In addition to any other documentation
required for submittal of a complete application for building permit or discretionary
land use approvals/permitssite plan review, the following items shall be required for the
architectural and site design review:
1. Elevation drawings prepared by an architect licensed in the Sstate of
Washington of all proposed construction including dimensional drawings at one‐
eighth inch equals one foot or comparable scale showing the type of exterior
materials, color (where applicable due to selection of a menu option), exterior
finishes for buildings and accessory structures, location and elevations of
exterior lighting for buildings, the type, style and model of exterior lighting
fixtures (where applicable due to zone transition standards), parking areas, and
fenestration details. Scaled drawings of elevations, conceptual selection of
major building materials, and conceptual selection of colors where applicable
may be submitted at preliminary site plan review stage;
2. A to‐scale landscape plan prepared by a landscape architect licensed in the state
of Washington showing existing vegetation to be retained and proposed
vegetation to be installed inclusive of the common and botanical name of all
vegetation, the location and quantity of vegetation, the initial planting size and
maximum growth size of all vegetation and methods of irrigation, if applicable;
3. A context vicinity map that shows all structures on the property and within 200
feet in each direction of the subject property drawn approximately to scale but
not to the accuracy of a survey;
4. A neighborhood circulation plan consistent with the provisions of Chapter 17.16
ACC (Neighborhood Circulation Plan); and
5. Conceptual plans for any public infrastructure, including roads, water, sewer,
and storm facilities.
HG. Interpretations.
1. The Planning Director is authorized to interpret the meaning of words, phrases
and sentences which relate to the implementation of the specific architectural
February 13 2012, Revised May 31, 2012
Page 6 of 10
and design standards document. Any interpretations regarding implementation
of the specific architectural and design standard document shall be made in
accordance with its intent or purpose statements and the intent and purpose
statements of this chapter. For interpretations, life safety and public health
regulations shall be given priority over all other regulations.
2. Administrative interpretations may be appealed to the hearing examiner as
prescribed in Chapter 18.70.050 ACC.
Any affected person may challenge an interpretation and determination of the planning
director pertaining to this section subject to the city's administrative appeal provisions of
Chapter 14.13 ACC.
IH. Design Review Adjustments.
1. Authority for design review adjustments. The Pplanning Ddirector or designee
shall have the authority, subject to the provisions of this section and upon such
conditions as the Pplanning Ddirector or designee may deem necessary to
comply with the provisions of this section, to approve design adjustments as
follows:
a1. An adjustment to architectural or site design requirements such that no
more than two of the total number of required menu items in the Ccity
of Auburn Mmultifamily and Mmixed‐Uuse Ddesign Sstandards are out
of compliance.
b2. An adjustment to required building wall and roof modulation standards,
as contained in the Ccity of Auburn Mmultifamily and Mmixed‐use
Ddesign Sstandards, up to 20 percent of the amount of any quantified
standards contained therein.
c. An adjustment to the architectural or site design requirements that
remains consistent with the purpose and intent of the architectural and
site design standards.
2I. Required Findings to Grant Design Review Adjustments. Each determination
granting an adjustment by the Pplanning Ddirector or designee shall be
supported by written findings and conclusions that showing specifically wherein
all of the following conditions existcriteria have been met:
a1. That the granting of such adjustment does not constitute a grant of
special privilege inconsistent with the limitations upon uses of other
properties in the vicinity and/or zone of the subject site; and
February 13 2012, Revised May 31, 2012
Page 7 of 10
b2. That the granting of such adjustment will not adversely affect the
established character of the surrounding neighborhood, discourage
maintenance or upgrades on surrounding properties, nor result in
perpetuation of those design qualities and conditions which the
comprehensive plan intends to eliminate or avoid; and
c3. That the project incorporates alternate design characteristics that are
equivalent or superior to those otherwise achieved by strict adherence
to stated menu options; and
4. That each of the findings under subsection L of this section (Director Authority
and Findings) are made by the planning director or designee in granting such
adjustment.
3J. Public Notification and Action on Design Review Adjustment Applications. Upon
the filing of a properly completed application and associated request for a
design review adjustment, the Pplanning Ddirector or designee shall comply
with the Ccity's Type II land use review requirements for issuance of a properly
noticed and appealable land use decision.
4K. Appeal of Director's Decision Action on Design Review Adjustments.
a1. If a written objection to the initial determination notice is filed within 10
14 business days of said notification, the Pplanning Ddirector or
designee shall reconsider the initial determination in light of the
objection(s) as raised and render a final decision on the permit. This
final decision shall result in either the Pplanning Ddirector's affirmation
of the original determination of approval, the approval with additional
modifications or denial.
b2. Upon completion of the Pplanning Ddirector's reconsideration, all
parties notified of the original determination shall receive notification of
the Pplanning Ddirector's final decision. Any party aggrieved by the
Pplanning Ddirector's final decision may file an appeal of that decision
to the Hhearing Eexaminer in accordance with the Ccity's land use
appeal provisions. Such appeals for Hhearing Eexaminer review must be
filed within 10 14 business days from the date the written decision was
made and shall include the following:
ia. The appeal shall be filed on forms provided by the Ddepartment
of Pplanning and Ddevelopment.
February 13 2012, Revised May 31, 2012
Page 8 of 10
iib. The appeal shall clearly state the decision being appealed,
setting forth the specific reason, rationale, and/or basis for the
appeal.
iiic. Fees associated with the appeal shall be paid to the city upon
filing of the appeal in accordance with a fee schedule
established by resolution.
53. Upon filing of a timely and complete appeal, the hearing examiner shall conduct
a public hearing to consider the merits of the appeal. This hearing shall be
subject to the city's public noticing and public hearing requirements and shall
include notification of all parties notified of the Pplanning Ddirector's final
decision. The hearing examiner may affirm the Pplanning Ddirector's decision or
may remand the matter to the Pplanning Ddirector for further review in accord
with the examiner's direction.
64. If no written objection is filed to the initial determination within the specified
time limits, the Pplanning Ddirector shall render a final decision on the permit in
accord with the initial determination.
J Approval Criteria for Design Review. The Planning Director or designee may approve, or
modify and approve, or deny an application for an administrative design review. L.
Director Authority and Findings. The planning director or designee shall
approve, approve with modifications or deny each project application subject to design
review. Each determination granting approval or approval with modifications shall be
supported by written findings showing the applicant satisfies all the following
criteriaspecifically wherein all applicable conditions exist. Determinations denying an
application shall be by written findings identifying which of the following criteria are not
met:
1. The plans and supplemental materials submitted to support the plan meet
comply with the requirements of the specific architectural and site design
documentsregulations;
2. The proposed development is consistent with the comprehensive plan;
3. The proposed development uses adequate setback, landscaping, architectural
style, and materials, to create sufficient visual variety of the exterior building
walls to mitigate the appearance of large facades, particularly as viewed from
public rights‐of‐way and single‐family residential zones.
February 13 2012, Revised May 31, 2012
Page 9 of 10
43. For multiple‐family residential and retirement apartment projects, the director
or designee must determine that the following key review criteria have been
met, in addition to the criteria in subsections 1 through 3:
a. The proposed development is arranged in a manner that either:
i. Provides a courtyard space creating a cohesive identity for the
building cluster and public open space furnished to facilitate its
use; or
ii. Possesses a traditional streetscape orientation that provides
clearly identifiable and visible entries from the street, views
from residential units onto the street and reinforces pedestrian‐
oriented streetscape characteristics (e.g., building edge abutting
sidewalk, entries onto the street); or
iii. Faces and facilitates views of a major open space system;
b. The proposed development provides a variety in architectural massing
and articulation to reduce the apparent size of the buildings and to
distinguish vertical and horizontal dimensions;
c. The proposed development contains a combination of elements such as
architectural forms, massing, assortment of materials, colors, and color
bands sufficient to distinguish distinct portions and stories of the
building;
d. Residential buildings in large multiple‐family projects or mixed‐use
projects are physically integrated into the complex possessing
sufficiently different appearance or placement to be able to distinguish
one building from another;
e. Unit entrances are individualized by use of design features that make
each entrance distinct or which facilitate additional personalization by
residents;
f. Areas dedicated to parking are sufficiently visually broken up and
contain a complement of vegetative materials to project a landscaped
appearance;
g. Where applicable, a transition is created that minimizes impacts from
multifamily and mixed‐use development projects on neighboring lower
density residential dwelling units in abutting or adjacent single‐family
zones; and
February 13 2012, Revised May 31, 2012
Page 10 of 10
h. Where applicable, in cases of granting density or height bonuses, the
project has provided community benefits, facilities or improvements
above and beyond those required in the municipal code and supports
the goals, objectives and policies of the comprehensive plan;
4. The proposed development meets required setback, landscaping, architectural style and
materials, such that the building walls have sufficient visual variety to mitigate the appearance
of large facades, particularly from public rights‐of‐way and single‐family residential zones. (Ord.
6287 § 2, 2010; Ord. 6245 § 15, 2009.)
Notice of Proposed Amendment
60-Day Review Prior to Adoption
Indicate one (or both, if applicable):
Comprehensive Plan Amendment
Development Regulation Amendment
Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of a proposed
comprehensive plan amendment and/or development regulation amendment under the
Growth Management Act.
(If needed, you may expand this form and the fields below, but please try to keep the
entire form under two pages in length.)
Jurisdiction: City of Auburn, Dept of Planning & Development
Mailing Address: 25 West Main Street
Auburn WA 98001
Date: March 30, 2012
Contact Name: Jeff Dixon
Title/Position: Principal Planner
Phone Number: 253-804-5033
E-mail Address: jdixon@auburnwa.gov
Brief Description of the
Proposed/Draft Amendment:
(40 words or less)
If this draft amendment is provided
to supplement an existing 60-day
notice already submitted, then
please provide the date the original
notice was submitted and the
Commerce Material ID number
(located in your Commerce
acknowledgement letter.)
Proposed Zoning Amendment to Code (ACC)
Section 18.31.200 related to Architectural and Site
Design Review Standards and Regulations. The
City already has four sets of design standards
adopted and in effect. As these Design Standards
were adopted at different times there is not
uniformity in the set of regulations to administer
these Design Standards. This change provides a
single unified code section for the administration
of the Design Standards. The Design Standards
themselves are not proposed to change.
(File No. ZOA12-0003)
Public Hearing Date: Not yet determined.
Proposed Adoption Date: Not yet determined.
REQUIRED: Attach or include a copy the proposed amendment text.
Rev 09/2011
CITY OF +
NtIBURNPeter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 -931 -3000
March 30, 2012
Department of Commerce
Growth Management Services
Attn: Review Team
1011 Plum Street SE
PO Box 42525
Olympia, WA 98504 -2525
Re: Request for 60 -day Review of Proposed Development Regulations - City of Auburn
Proposed Zoning Amendment to Code (ACC) Section 18.31.200 Related to
Architectural and Site Design Review Standards and Regulations (File No. ZOAl2-
0003).
To Whom It May Concern:
Enclosed please find the City of Auburn's proposed zoning code amendment related to
administration of the Architectural and Site Design Review Standards and Regulations for the
purpose of State Agency Request for 60 -day review per RCW 36.70A.106.
The City has architectural and site design standards adopted and in effect that apply to three distinct
geographical areas of the City and another set that apply throughout the entire City based the
specific land use type. The purpose of these architectural and site design standards is to provide an
administrative process for evaluating the design and arrangement of buildings and site development
to ensure quality design of the built environment. The authority for the architectural and site design
standards (Design Standards) were previously adopted by the City Council and are consistent with,
and implement the policies of the Comprehensive Plan.
The Design Standards applicable to each geographic area is unique and found in a separate
document that applies only to that area or type of land use project. The requirement for
implementation of the Design Standards is found in various sections of the zoning code. In turn, the
zoning code references the separate documents containing the specific Design Standards that are
illustrated by text, figures and photos, appropriately included in separate documents.
As these Design Standards were adopted at different times and over a period of years there is not
uniformity in the set of regulations to administer the Design Standards. The Design Standards
themselves are not proposed to change through this code amendment.
The city's current adopted Design Standards include:
The Downtown Urban Center Design Standards were adopted by Ordinance No. 6071 in
January 2007 to implement the, then new, Downtown Urban Center, DUC zoning district.
The Auburn Junction Design Standards were adopted by Ordinance No. 6190 in July 2008 to
address the four -block downtown catalyst area.
Mixed Use and Multiple Family Development Design Standards were adopted by the Council
Planning and Community Development (PCD) Committee in June 2009 and subsequently
amended by the PCD Committee in July 7, 2010.
AUBURN* MORE THAN YOU IMAGINED
Department of Commerce Growth Management Services
March 30, 2012
Page 2
The Northeast Auburn Special Planning Area Architectural and Site Design Standards were
adopted by Resolution No. 4756 in December of 2011 as a condition of the Development
Agreement (DA) approved for the Northeast Auburn /Robertson Properties' Auburn Gateway
Project.
Amending the code to address all the Design Standards and have these referenced within one
section would have the following benefits:
Provide a single code section addressing the city's different provisions for architectural and
site design standards for ease of locating and use by perspective applicants.
Provide commonality in the administrative process applied to design review processes of the
city.
Provide uniformity in the administrative provisions for:
intent and purpose statements,
exemptions from the design review process,
timing of the review process,
submittal requirements,
decision criteria,
Planning Director's ability to review and interpret provisions of the separate
architectural and site design standards documents,
provide for process to adjust previous approvals; and
appealing planning director's decisions on design reviews.
Thank you for your office's assistance. Please contact me at (253) 804 -5033 or by email at
jdixon @auburnwa.gov should you have any questions, require clarification, or have other
informational needs.
Sincerely,
Jeff Dixon
Principal Planner
Planning and Development Department
JD /bh
CORR12 -119
Enclosures: 60 -day Review Notice Cover Sheet
Proposed changes to Auburn City Code Section (ACC) 18.31.200 (with changes
shown)
cc: File No. ZOAl2 -0003
Rev 09/2011
REQUEST TO PUBLISH
__________________________________________________________________________________
Please publish the following Notice of Public Hearing in the Seattle Times on Friday, May 25, 2012
Bill the City of Auburn: City of Auburn
ATT: City Clerk
25 West Main
Auburn, WA. 98001
An "Affidavit of Publication" is requested for this billing. Thank you.
Please publish below the line only.
NOTICE OF PUBLIC HEARING: The Planning Commission of the CITY OF AUBURN,
Washington, will conduct a public hearing on June 5, 2012, at 7:00 P.M. in the Council Chambers
of the Auburn City Hall located at 25 West Main Street on the following matter:
Case Number: ZOA12-0003 – Amendment to zoning code section related to architectural and site
design review standards and regulations to provide consistency of administration for the currently
adopted sets of standards.
Location: Citywide. Proposal: The City has architectural and site design standards in effect that
apply to three distinct geographical areas of the City or apply throughout the City based the specific
land use type. The purpose of this amendment to the code section for architectural and site design
regulations is to provide a consistent administrative review process for evaluating the design and
arrangement of buildings and site development to ensure quality design of the built environment.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main
Street. The public is invited to attend to express comments or opinions. Written comments may be
submitted up until and at the public hearing. If you have further comments or questions, please
contact Principal Planner, Jeff Dixon at jdixon@auburnwa.gov or 253-804-5033.
* For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to
this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to
the type of service or equipment needed. Each request will be considered individually according to
the type of request, the availability of resources, and the financial ability of the City to provide the
requested services or equipment. Published in the Seattle Times on May 25, 2012
Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Elizabeth Chamberlain, AICP, Planning Manager
Date: May 23, 2012
Re: Proposed Code Amendments to Title 17 – Land Adjustments and Divisions and Title 18 –
Zoning related to Housekeeping Amendments
Background
Over the past several years, the City made significant changes to the municipal code,
specifically to Title 17, which addresses land adjustments, and to the zoning code, specifically
the residential zoning districts, parking chapter, landscaping chapter, and supplemental
development standards. Now that these revised codes have been in place and applied to
various projects, staff has identified amendments that are needed to clarify regulations and
amendments related to recent changes in state law.
Discussion
Staff is proposing the following amendments:
Title 17 – Land Adjustments and Divisions
Short Plats
1. Modify Section 17.09.035 to be consistent with state law by referencing the Revised
Code of Washington (RCW) section related to setting lot corners for short plats.
2. Add a new section to17.09.050 to specifically call out the requirement that safe way
conditions for students be considered in the short plat project.
3. Modify Section 17.09.070 to be consistent with the changes proposed in Section
17.09.110, Time Limitations.
4. Revise Section 17.09.110 to be consistent with recent changes in state law regarding
when short plats need to be recorded. While the recent changes in state law do not
specifically reference short plats, staff is recommending that short plats and preliminary
plat timeframes are the same. The time frame for filing a final short plat is extended an
additional two years, for a total of nine years, if the preliminary short plat was approved
on or before December 31, 2007.
Preliminary Plats
2
5. Modify Section 17.10.020(A)(3) to be specific that the neighborhood circulation plan also
needs to address safe walking paths for students as required by state law.
6. Modify Section 17.10.100(formerly 17.10.110) to reflect the recent changes in state law
related to the timing of filing a final plat. Preliminary plats approved on or before
December 31, 2007 have nine years to file a final plat. If a preliminary plat was
approved on or before December 31, 2014 but after December 31, 2007 then a final plat
needs to be filed within seven years.
Title 18 – Zoning
Downtown Urban Center
1. Remove the “except for Main Street” from the portable sign section. This was not
intended when the code was originally adopted and staff is recommending that the
businesses along Main Street be permitted to have one portable sign.
2. Delete the requirement that portable signs need to comply with design standards
established by the Auburn Downtown Association. To staff’s knowledge these standards
do not exist and staff recommends that the City be the only review entity in regards to
signage.
3. Delete the reference to the downtown redevelopment committee and have the planning
and community development review the Auburn Junction Design Standards. The reason
for this change is the downtown redevelopment committee no longer exists.
Supplemental Development Standards
4. Add to Section 18.31.020, Fences, a requirement that a vehicle refuge area be required
within a driveway if the fence includes a gate so the vehicle does not block the right-of-
way.
5. Add to Section 18.31.020(F), a reference to Section 8.12.060 related to electric fences.
6. Modify Section 18.31.120, Accessory Dwelling Units, to remove the requirement that the
owner provides an affidavit stating they meet the requirements for accessory dwelling
units. This is a requirement that is not really needed as part of the permit process staff
verifies that the application meets all the code requirements.
7. Modify Section 18.31.120 that before certificate of occupancy the homeowner shall
record the accessory dwelling unit statement rather than requiring the statement to be
recorded before the permit is issued.
Home Occupations
8. Modify the requirements to allow home occupations to have customers and an outside
employee, if one is employed, and to have the business open on federal holidays similar
to other businesses.
Off- Street Parking and Loading
9. Clarify in Section 18.52.020, specifically for manufacturing and warehouse uses, that the
parking is calculated for the manufacturing or warehouse use and if office is proposed
the office space is calculated using the office parking rate. Section 18.52.020(D)
requires the separate parking calculation but staff recommends specifically highlighting
the requirement for manufacturing and warehouse uses for applicants reading the City’s
code. Recently a new application was submitted for an industrial use and the applicant
calculate the parking only for the warehouse use not separately calculating the office
use.
Title 19 – Impact Fees
3
1. Change Section 19.02.050 to reflect when comprehensive plan amendment requests are
due; which is the second Friday of June, not July 1st.
2. Add a new subsection to Section 19.02.050 that if the school district is requesting an
increase to the school impact fee, that request shall be in writing to the City and
submitted concurrently with the district’s capital facilities plan.’
At the June 5, 2012 Planning Commission meeting, staff will review the proposed code changes
with the Commission.
Draft Code Amendment
Version 1
May 21, 2012
Page 1 of 22
Title 17 – Land Adjustments and Divisions
Chapter 17.09
SHORT SUBDIVISIONS
Sections:
17.09.010 General provisions.
17.09.020 Pre-application conference.
17.09.030 Preliminary application.
17.09.035 Survey requirements.
17.09.040 Reserved.
17.09.050 Development requirements.
17.09.060 Preliminary short subdivision approval.
17.09.070 Final short subdivision approval.
17.09.080 Distribution and filing.
17.09.090 Conditional approval requirements.
17.09.100 Release of improvement guarantee.
17.09.110 Time limitations.
17.09.120 Terms of approval.
17.09.035 Survey requirements.
A. A licensed professional land surveyor licensed in the state of Washington shall complete all
lot staking pursuant to RCW 58.09.040(1) prior to the recording of the short subdivision.
B. All lot corners, including interior lot corners, shall be marked with a permanent marker that
bears the land surveyor’s registration number. When the boundary lines follow a meandering
line, the “corners” shall be set as directed by the city of Auburn.
C. When the legal description of the short subdivision utilizes partial or complete section
subdivisional breakdown to establish the boundaries, section subdivision survey information
shall be shown in accordance with the requirements of WAC 332-130-030.
D. All reference monuments used in the establishment of the short subdivision corners shall be
identified, described and noted as set or found. When appropriate, the survey shall reference
previous surveys that served as the basis for the survey.
E. When the short subdivision is adjacent to a constructed public right-of-way and the plat
corners or its offset represent a quarter corner, section corner or donation land claim that is not
of record or has been lost (or obliterated), a standard monument shall be placed.
F. Whenever a short subdivision is adjacent to existing right-of-way, the centerline of the right-
of-way shall be located on the plat drawing. If the constructed improvements fall outside of the
documented right-of-way, the surveyor shall identify the existing edge of the pavement and
limits of the maintained right-of-way section on the drawing and show its relationship to said
centerline.
G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum
standards for land boundary surveys shall be met and a note shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF
THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130.
H. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked
on the curb. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006. Formerly 17.14.035)
17.09.050 Development requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall contain sufficient
square footage and lot dimensions to meet the requirements of ACC Title 18. Each lot to be
Draft Code Amendment
Version 1
May 21, 2012
Page 2 of 22
served by an on-site sewage disposal system shall be a minimum of 15,000 square feet in area
and shall also meet the minimum lot area requirements of the county department of health rules
and regulations. Land contained in access easements, tracts or panhandles shall not be
included in lot area or lot dimension calculations for the purposes of this section.
B. Every lot within a short subdivision shall be capable of being reasonably served by public or
private sewage disposal, water, storm drainage facilities and streets. The city will not approve a
short subdivision for which a building permit cannot be issued because of insufficient
infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm drainage facilities adjacent
to or within the short subdivision shall be in conformance with adopted city ordinances,
standards and policies. Easements for utilities recommended by such plans shall be provided to
the city, with the exact location of such easements to be determined by the city engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of special flood
hazard or regulatory floodway, conformance with adopted city flood hazard area
ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be submitted, as part
of the short subdivision application, unless waived by the city engineer.
3. The proposed subdivision should have one or more new lots in the regulatory floodplain
set aside for open space use through deed restriction, easement, subdivision covenant, or
donation to a public agency. The density of the development in the portion of the
development outside the regulatory floodplain may be increased in accordance with
applicable land use and subdivision regulations.
4. If a parcel has a buildable site outside the regulatory floodplain, it shall not be
subdivided to create a new lot, tract, or parcel within a binding site plan that does not have
a buildable site outside the regulatory floodplain. This provision does not apply to lots set
aside from development and preserved as open space.
E. Adjacent Streets. When any public street lying adjacent to the property being short
subdivided has insufficient width or for any other reason does not conform to minimum street
standards, in accordance with the city design and construction standards, sufficient additional
right-of-way shall be dedicated to the city and appropriate improvements shall be made by the
subdivider to conform the abutting half of the street to such standards consistent with Chapter
12.64A ACC. Deferral of such improvement requirements shall be in conformance with the city
of Auburn design and construction standards.
F. Access.
1. All short subdivisions shall border on an opened, constructed and maintained public
street. All lots within a short subdivision shall either border on an opened, constructed and
maintained public street or shall be served by a private street, access easement, tract or
panhandle having direct access to such a public street. Where private streets and access
easements are provided, they shall be improved or guaranteed to the city of Auburn and
be in conformance with the city of Auburn design and construction standards.
2. All private streets, access easements and panhandles shall be capable of meeting the
fire access requirements of Chapter 15.36A ACC and the development standards of
Chapters 17.14 and 18.31 ACC, in addition to any other requirements of this title,
including, but not limited to, an adequate surface for access and minimum turnaround
requirements on dead-end streets or access easements as specified by the fire
department.
3. All proposals shall ensure that all buildable lots shall have at least one access road
connected to land outside the regulatory floodplain with the surface of the road at or above
the FPE.
Draft Code Amendment
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May 21, 2012
Page 3 of 22
G. Dedication of Streets. Dedication of a public street or streets may be required, whenever the
city engineer finds that one or more of the following conditions applies:
1. The general alignment of a proposed private street, access easement or panhandle
follows the general alignment of a future arterial as shown in the comprehensive plan; or
2. The general alignment of a proposed private street, access easement or panhandle can
be reasonably modified to provide a desirable through-connection between two or more
existing or planned public streets or arterials; or
3. A public street would be necessary to provide adequate access to adjacent property not
subject to the proposed short subdivision.
H. Non-motorized Requirements. In addition to any frontage improvement requirements and
compliance with the City’s Comprehensive Transportation Plan, sidewalks and other planning
features that assure safe walking conditions for students who walk to and from school shall be
considered.
H. Fire Hydrants. All lots within a short subdivision shall be capable of being served by a fire
hydrant as required by Chapter 13.16 ACC. Property zoned RC, residential conservancy, may
be exempt, provided the requirements of ACC 13.16.030 are met.
I. The final recorded subdivision plat shall include a notice that part of the property is in the
SFHA, riparian habitat zone and/or channel migration area, as appropriate. (Ord. 6295 § 6,
2010; Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008; Ord. 6006 § 3, 2006. Formerly 17.14.055)
17.09.070 Final short subdivision approval.
A. Timeframe for Final Short Subdivision Approval. A final short subdivision meeting all
requirements of this title and the conditions and requirements of the written decision granting
preliminary short subdivision approval shall be submitted to the Auburn planning and
development department within five years of the date of preliminary short subdivision
approvalthe timeframes specified in ACC 17.09.110, unless otherwise extended by the director
or designee.
B. Procedures. Final short subdivision applications shall be processed as a Type II land use
action.
C. Application. An application for final short subdivision approval meeting all requirements of
Chapter 58.17 RCW and this title shall be submitted to the department of planning and
development accompanied by the following:
1. Application materials consistent with the requirements of ACC 17.02.065.
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing meeting the requirements of Chapter 58.17 RCW,
including certifications, dedications, and title reports;
4. Agency recommendations pursuant to RCW 58.17.150;
5. A recordable survey and surveyor’s signature meeting the requirements of Chapter
58.09 RCW and RCW 58.17.250. The map and legal descriptions included in the
application for final short subdivision shall be prepared and certified by a professional land
surveyor licensed in the state of Washington in a format acceptable to the city of Auburn
and the Survey Recording Act.
6. A title insurance report, not older than 30 days prior to the date of application,
confirming that the title of the land in the proposed subdivision is vested in the name of the
owners whose signatures appear on the final short subdivision’s certificate.
7. Computation data for all lots, streets and easements located within the plat.
8. Failure of an applicant to submit all required application materials shall be considered a
lack of compliance with this section, and the director or designee may withhold the
application from further consideration until such time as the application is complete.
Draft Code Amendment
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May 21, 2012
Page 4 of 22
9. Declaration blocks shall be provided for the original tract owner, surveyor, approving
governmental agencies, and recording certification, in a manner as prescribed by the
director.
10. Proof of the date of last legal segregation of the parcel of land to be short subdivided,
if deemed necessary by the planning director.
11. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions
must be recorded simultaneously with the short subdivision.
12. In any short subdivision where lots are served or to be served by a private road, the
subdivider shall furnish a copy of such further covenants or documents that will result in:
a. Each lot owner having access thereto and having responsibility for maintenance of
any private road contained within the short subdivision in such a condition as to allow
free access for emergency vehicles;
b. Such covenants or documents shall obligate any seller to give actual notice to any
prospective purchaser of the method of maintenance of the private road, which notice
shall be caused to be included in any deeds or contracts relating to such sale and
such covenants or documents shall be recorded simultaneously with the short
subdivision.
D. Preparation. The final short subdivision shall be prepared by a professional land surveyor
licensed by the state of Washington. The preparer shall, by placing his or her signature and
stamp upon the face of the final short subdivision, certify that the final short subdivision is a true
and correct representation of the land actually surveyed by the preparer, that the existing
monuments shown thereon exist as located and that all dimensional and geodetic details are
correct.
E. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar measuring 18
inches by 24 inches in size, with a one-inch border on one edge and a one-half-inch border for
the other three edges for projects in King County and measuring 18 inches by 24 inches with a
two-inch border on the left edge and a one-half-inch border for the other three edges for projects
in Pierce County. The final short subdivision shall be accurate, legible and drawn to an
engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required,
an index sheet showing the entire subdivision with street and highway names and block
numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-
specified size. All signatures or certifications appearing on a final short subdivision shall be in
reproducible black ink.
F. Final Short Subdivision Contents. A final short subdivision drawing shall contain the following
information:
1. The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, basis of bearings and date of preparation of the final short
subdivision;
4. The boundary line of the short subdivision, referenced to city datum in accordance with
city design and construction standards and based on an accurate traverse, with angular
and linear dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys and other public ways
within and adjacent to the short subdivision;
6. A table depicting the assigned address for each lot within the short subdivision;
7. The exact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
8. True courses and distances to the nearest established street lines, or section or quarter
section corner monuments which shall accurately locate the short subdivision;
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9. Municipal, township, county or section lines accurately tied to the lines of the plat by
distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths
of feet;
11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
12. The accurate location of each permanent control monument. One such monument
shall be located at each and every controlling corner on the boundaries of the parcel of
land being subdivided; at each street centerline intersection, each point of curvature (PC),
each point of tangency (PT), and each point of reverse curve (PRC); and at each
intersection of a street centerline with a plat boundary;
13. All plat meander lines or reference lines along bodies of water shall be established
above, but not farther than 20 feet from, the high water line of such body;
14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
public use, with the purposes of such dedication or reservation and any limitations
indicated thereon and in the dedication;
15. Accurate outlines of any areas to be reserved by deed covenant for common use of
owners of property within the subdivision, together with the purposes of such reservation;
16. Any restrictions or conditions on the lots or tracts within the short subdivision, as
required by the director, or at the discretion of the property owner;
17. A signed certification stating that the short subdivision has been made with the free
consent, and in accordance with the desires, of the owner or owners. If the short
subdivision includes a dedication, the certificate or a separate written instrument shall
contain the dedication of all streets and other areas to the public, any individual or
individuals, religious society or societies, or to any corporation, public or private, as shown
on the plat, and a waiver of all claims for damages against any governmental authority
which may be occasioned to the adjacent land by the established construction, drainage
or maintenance of said street or other areas so dedicated. Such certificate or instrument
shall be signed and acknowledged before a notary public by all parties having any interest
in the lands subdivided. An offer of dedication may include a waiver of right of direct
access to any street from any property. Such waiver may be required by the city engineer
as a condition of approval. Roads not dedicated to the public must be clearly marked on
the face of the plat. Any dedication, donation or grant as shown on the face of the plat
shall be considered as a quit claim deed to the said donee or grantee for use for the
purpose intended by the donation or grant. At the discretion of the city engineer,
conveyances of right-of-way may be required to be by statutory warranty deed. The
acceptance of right-of-way by the city shall not obligate the city to improve or develop the
lands in the right-of-way;
18. Forms for the appropriate certifications of the city engineer and planning director, as
follows:
CITY ENGINEER’S CERTIFICATE
I hereby certify that this short plat is in compliance with the certificate of
improvements issued pursuant to ACC 17.14.015, and is consistent with all
applicable City improvement standards and requirements in force on the date of
preliminary short plat approval, this ______ day of _____________, 20___.
______________________________
Auburn City Engineer
PLANNING DIRECTOR’S CERTIFICATE
I hereby certify on this ______ day of ______________, 20____, that this final plat is
in substantial conformance with the preliminary plat and any conditions attached
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thereto, which preliminary short plat was approved on the ______ day of
______________, 20____,
20. A form for the approval of the applicable county (King/Pierce) assessor, as follows or
as required by the applicable county, if different:
ASSESSOR’S APPROVAL
Examined and approved this ______ day of ______________, 20___.
______________________________
County Assessor
______________________________
Deputy County Assessor
____________________________
Account number
21. A form for the certificate of the applicable county recorder (King/Pierce), as follows or
as required by the applicable county, if different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this ______ day of
____________, 20___ at _____ minutes past ______ __.M., and recorded in
Volume _____ of Plats, page ________ Records of (King or Pierce) County,
Washington.
County Recording Number _____.
______________________________
Manager
______________________________
Superintendent of Records
22. Any additional pertinent information as required at the discretion of the city engineer or
planning director.
G. Decision-Making Criteria for Final Short Subdivision Approval. The following criteria shall be
used by the director or designee in consideration of final short subdivision approval:
1. Whether conditions imposed when the preliminary short subdivision was approved have
been met;
2. The completion of the required improvements or their financial guarantee in
conformance with Chapter 17.14 ACC;
3. Whether the final short subdivision is in conformance with the city’s zoning regulations
and all other applicable land use regulations;
4. The director or designee shall not approve a final short subdivision until he or she
determines that it conforms to the approved preliminary short subdivision and any
conditions and restrictions imposed at time of preliminary approval. (Ord. 6287 § 2, 2010;
Ord. 6239 § 1, 2009.)
17.09.110 Time limitations.
A. Preliminary approvals for short subdivisions shall be valid for a period of five seven years
following the date of the notice of final decision if the date of the preliminary short plat approval
is on or before December 31, 2014, and within five years of the date of preliminary short plat
approval if the preliminary short plat approval is on or after January 1, 2015.; provided, that for
any preliminary approval in effect on June 10, 2010, through December 31, 2014, the approvals
shall be for a period of seven years following the date of the notice.
B. If the preliminary short plat approval is on or before December 31, 2007 then the final short
plat shall be submitted to the City for approval within nine years of the date of preliminary short
plat approval and not subject to requirements adopted under RCW 90.58.
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CB. Extensions. The director or designee may administratively authorize through a Type I land
use action extensions to preliminary short subdivision approvals. For purposes of this section,
the authority to issue extensions shall apply to preliminary short subdivision approvals
previously issued by the city. Extensions shall be issued in one-year increments up to a
maximum of three years, subject to the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a minimum
of 30 calendar days prior to expiration of the preliminary short subdivision approval.
2. The director or designee shall in consideration of granting an extension find:
a. There have not been any substantial changes in the laws governing the
development of the short subdivision, with which lack of compliance would be
contrary to the public health, safety and welfare; or
b. The applicant has pursued final platting in good faith. Good faith shall be
evidenced by progress on final surveying, engineering, construction or bonding of
improvements; or
c. There have been substantial changes in economic conditions and market forces
that have substantively limited the ability of the applicant to pursue final platting.
3. A condition of any extension approval shall be that the subject short subdivision shall
comply with state or federal mandates required of the city and/or life, health and safety
requirements of the city in effect at the time of any extension approval.
DC. At the same time the director or designee is considering the extension, he or she may add
conditions or requirements upon factual determination that the addition of conditions or
requirements will benefit the public health, safety and welfare.
D. A short subdivision granted preliminary approval, but not filed for final plat approval within the
applicable time period or extended time period, shall be void. (Ord. 6317 § 1, 2010; Ord. 6239
§ 1, 2009.)
Chapter 17.10
PRELIMINARY SUBDIVISIONS
Sections:
17.10.010 Pre-application conference.
17.10.020 Application, submittal and contents.
17.10.030 Review process.
17.10.040 Administrative review.
17.10.050 Hearing examiner review of preliminary plats.
17.10.070 Findings of fact.
17.10.080 Notice of decision to applicant.
17.10.090 Transfer of property.
17.10.100 Adjustments of an approved preliminary plat.
17.10.110 Time limitations.
17.10.120 Development standards for panhandle lot access and private access tracts.
17.10.020 Application, submittal and contents.
A. Application. In addition to the requirements for a completed application as provided in ACC
Title 14, an application for subdivision approval shall include:
1. Application requirements found in ACC 17.02.065;
2. A preliminary plat meeting the requirements of RCW 58.17.160 for a preliminary
subdivision;
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3. A neighborhood circulation plan meeting the requirements of Chapter 17.16 ACC and
RCW 58.17.110(2) for safe walking paths for students;
4. Where any lot is proposed to be served by an on-site sewage disposal system,
results of preliminary percolation tests for each such proposed lot, conducted under the
county department of health rules and regulations;
5. A conceptual utility/site grading plan and/or methodology prepared in accordance
with the city’s comprehensive plans, standards or ordinance requirements. The
conceptual utility/site grading plan shall include adequate horizontal and vertical
information to ensure that utilities can be constructed consistent with the preliminary
plat layout;
6. The location of other utilities other than those provided by the city;
7. The application shall include a transportation site plan for streets, pedestrian, and
bike facilities. The site plan shall include adequate horizontal and vertical information to
ensure the transportation facilities can be constructed consistent with the preliminary
plat layout;
8. A title report, with liability for errors not to exceed the assessed value of the lots on
the date of application. The title report shall be issued no more than 30 days prior to the
application date;
9. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions
must be recorded simultaneously with the subdivision.
B. Preparation. The preliminary plat or short plat shall be prepared by a professional engineer or
professional land surveyor registered or licensed by the state of Washington. The preparer
shall, by placing his or her signature and stamp upon the face of the plat, certify that all
information is portrayed accurately and that the proposed subdivision or short subdivision
complies with the standards and requirements of this title, the Auburn zoning ordinance and any
other applicable land use and development controls.
C. Scale and Format. The preliminary plat shall be drawn with reproducible black ink on Mylar.
All geographic information portrayed by the preliminary plat shall be accurate, legible, and
drawn to an engineering (decimal) scale.
D. Preliminary Plat Contents. A preliminary plat shall provide the following information:
1. General Information. The following information shall appear on each sheet of a
preliminary plat or short plat:
a. The name of the proposed subdivision, together with the words “preliminary
plat”;
b. The name and address of the applicant;
c. The name, address, stamp and signature of the professional engineer or
professional land surveyor who prepared the preliminary plat or short plat;
d. Numeric scale, graphic scale, true north point and date of preparation;
e. A form for the endorsement of the planning director, as follows:
APPROVED BY RESOLUTION _____ OF THE CITY COUNCIL ON (Date)
________
_________________________________
Director, Planning and Development Dept.
________
Date
f. Legal description of preliminary plat.
2. Existing Geographic Features. Existing geographic features, as detailed in city
application requirements, shall be drawn lightly in relation to proposed geographic
features.
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3. Proposed Geographic Features. Proposed geographic features, as detailed in city
application requirements, shall be shown.
4. Additional Information. The following additional information shall be shown on the
face of the preliminary plat:
a. For proposed subdivisions involving residential land uses, a table providing the
following information for each distinct residential area:
i. Proposed land use (e.g., single-family, duplex, multifamily);
ii. Number of dwelling units;
iii. Gross acreage;
iv. Existing zoning designation;
v. Proposed zoning designation;
vi. Approximate area of smallest lot;
b. Proposed source of domestic water supply;
c. Proposed sewage disposal system;
d. Typical street cross section(s);
e. Proposed storm drainage system;
f. For preliminary plats that are related to a planned unit development (PUD), the
following information shall also be provided:
i. The ordinance and contract of the PUD rezone if previously done;
ii. The location of perimeter walls and fences on the boundary of the PUD and
an indication of the height and materials;
iii. The location and size of any entrance signs;
iv. A landscaping plan;
v. Any covenants not previously approved. (Ord. 6287 § 2, 2010; Ord. 6239
§ 1, 2009; Ord. 5170 § 1, 1998; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996;
Ord. 4296 § 2, 1988. Formerly 17.06.020)
17.10.050 Hearing examiner review of preliminary plats.
A. Pursuant to the provisions of Chapter 18.66 ACC, the hearing examiner shall within 104
calendar days of the closure of the public hearing approve, deny, or approve with conditions the
preliminary plat. The hearing examiner shall not recommend approval of the preliminary plat
unless he finds the proposed subdivision is in conformance with the findings of fact as outlined
in ACC 17.10.070.
B. Pursuant to the provisions of ACC 18.66.150, the planning director or any interested party
affected by the recommendation of the examiner who asserts that the hearing examiner based
that recommendation on an erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may
make a written request for review by the examiner within seven calendar days after the written
decision of the examiner has been rendered. The request for reconsideration shall set forth the
specific errors relied upon by such appellant, and the examiner may, after review of the record,
take further action as the examiner deems proper. The examiner may request further
information which shall be provided within 104 calendar days of the examiner’s request. The
examiner’s written decision on the request for consideration shall be transmitted to all parties of
record within 104 calendar days of receipt of the request for reconsideration or receipt of the
additional information requested, whichever is later. (Ord. 6239 § 1, 2009; Ord. 6186 § 4, 2008;
Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.06.050.)
17.10.0670 Findings of fact.
Preliminary plats shall only be approved if findings of fact are drawn to support the following:
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A. Adequate provisions are made for the public health, safety and general welfare and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds and schools;
B. Conformance of the proposed subdivision to the general purposes of the comprehensive
plan;
C. Conformance of the proposed subdivision to the general purposes of any other applicable
policies or plans which have been adopted by the city council;
D. Conformance of the proposed subdivision to the general purposes of this title, as enumerated
in ACC 17.02.030;
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other
applicable planning or engineering standards and specifications as adopted by the city, or as
modified and approved as part of a previously approved PUD;
F. The potential environmental impacts of the proposed subdivision are mitigated such that the
preliminary plat will not have an unacceptable adverse effect upon the quality of the
environment;
G. Adequate provisions are made so the preliminary plat will prevent or abate public nuisances.
(Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4772 § 1, 1995; Ord.
4296 § 2, 1988. Formerly 17.06.070)
17.10.0780 Notice of decision to applicant.
Following the decision of the hearing examiner approving or rejecting a preliminary plat, the
director shall notify the applicant of the decision. The notice shall be accompanied by a copy of
the decision. If the decision is for approval or approval with conditions, the notice shall advise
the applicant to prepare an improvement method report, as described by Chapter 17.14 ACC,
and shall inform the applicant regarding the applicable time limitations on final plat submittal.
This notice of decision is in addition to any notice of decision required under ACC Title 14. (Ord.
6239 § 1, 2009; Ord. 6186 § 5, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2,
1988. Formerly 17.06.080.)
17.10.0890 Transfer of property.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel
of land, following preliminary plat approval but prior to final plat approval, is expressly
conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter,
the offer or agreement does not violate any provision of this chapter. All payments on account of
an offer or agreement conditioned as provided in this section shall be deposited in an escrow or
other regulated trust account and no disbursement to sellers shall be permitted until the final
plat is recorded. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2,
1988. Formerly 17.06.090.)
17.10.9100 Adjustments of an approved preliminary plat.
A. Minor Adjustments. Minor adjustments may be made and approved by the planning director.
Minor adjustments are those which may affect the precise dimensions of the plat but which do
not affect the basic character or arrangement of the lots and streets. Such dimensional
requirements shall not vary more than 10 percent from the original. The adjustments cannot be
inconsistent with the requirements of the preliminary plat approval. The adjustments cannot
cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable
city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation. Minor
adjustments shall be reviewed for consistency with this chapter and the regulations of this title,
as well as the following criteria:
1. The adjustment maintains the design intent or purpose of the original approval; and
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2. The adjustment maintains the quality of design or product established by the original
approval; and
3. The adjustment does not cause a significant environmental or land use impact on or
beyond the site; and
4. The adjustment is not precluded by the terms of this title or by state law from being
decided administratively; and
5. Circumstances render it impractical, unfeasible or detrimental to the public interest to
accomplish the subject condition or requirement of preliminary plat or short plat
approval.
B. Major Adjustments. Major adjustments are those that, when determined by the planning
director, substantially change the basic design, layout, open space or other requirements of the
plat. When the planning director determines a change constitutes a major adjustment, a new
application for a preliminary plat is required and shall be processed as a new and separate
application. (Ord. 6239 § 1, 2009; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2,
1988. Formerly 17.06.100.)
17.10.1010 Time limitations.
A. Preliminary approvals for subdivisions shall be valid for a period of five seven years following
the date of the notice of final decision if the date of the preliminary plat approval is on or before
December 31, 2014, and within five years of the date of preliminary plat approval if the
preliminary plat approval is on or after January 1, 2015.
B. If the preliminary short plat approval is on or before December 31, 2007 then the final plat
shall be submitted to the City for approval within nine years of the date of preliminary plat
approval and not subject to requirements adopted under RCW 90.58.; provided, that for any
notice of final decision in effect on June 10, 2010, through December 31, 2014, the approvals
shall be for a period of seven years following the date of the notice.
CB. Extensions. The director or designee may administratively authorize through a Type I land
use action extensions to preliminary plat approvals. For purposes of this section, the authority to
issue extensions shall apply to preliminary plat approvals previously issued by the city.
Extensions shall be issued in one-year increments up to a maximum of three years, subject to
the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a
minimum of 30 calendar days prior to expiration of the preliminary plat approval.
2. The director or designee shall in consideration of granting an extension find:
a. There have not been any substantial changes in the laws governing the
development of the plat, with which lack of compliance would be contrary to the
public health, safety and welfare; or
b. The applicant has pursued final platting diligently, as evidenced by progress on
final surveying, engineering, construction or the financial security of improvements;
or
c. There have been substantial changes in economic conditions and market forces
that have substantively limited the ability of the applicant to pursue final platting.
3. A condition of any extension approval shall be that the subdivision shall comply with
state or federal mandates required of the city and/or life, health and safety requirements
of the city in effect at the time of any extension approval.
C. At the same time the director or designee is considering the extension, he or she may add
conditions or requirements upon factual determination that the addition of conditions or
requirements will benefit the public health, safety and welfare.
D. A plat granted preliminary approval, but not filed for final plat approval within the applicable
time period or extended time period, shall be null and void. (Ord. 6317 § 3, 2010; Ord. 6239 § 1,
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2009; Ord. 6186 § 6, 2008; Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.
Formerly 17.06.110.)
17.10.1120 Development standards for panhandle lot access and private access tracts.
A. Panhandle Lot Access.
1. The maximum length of a panhandle lot access within the R-5, R-7, R-10, R-16, R-
20, and RO zones and residential PUDs shall be 150 feet. When there are unique
physical limitations of the property including but not limited to steep slopes, significant
vegetation, or sensitive environmental areas that would be impacted less if a longer
panhandle length were provided, then the planning director may allow additional length.
The planning director may also allow for additional length if there is an existing
intervening parcel of the property (that has a lot depth greater than 150 feet) between
the proposed panhandle lot and the abutting street. There shall be no limitation of
length within the other zoning districts of the city.
2. All residential and nonresidential panhandle accesses shall meet the standards of the
city of Auburn engineering, design and construction standards manual.
3. If two panhandle accesses within the same plat abut each other, then one common
paved driveway, spanning both panhandles, may be provided as part of the two
panhandles. The pavement width of the driveway shall be determined using the same
methodology as subsection (A)(2) of this section.
4. Not more than two panhandle accesses within the same plat may abut each other.
Alternatively, a separate access tract shall be required in lieu of more than two separate
panhandle accesses. The separate access tract shall meet the requirements of
subsection B of this section.
B. Private Access Tracts and/or Easements.
1. Private access tracts and/or easements will be allowed when it is physically
impractical to provide a lot with direct access to a public street due to unique physical
limitations of the property, including but not limited to steep slopes, significant
vegetation, or sensitive environmental areas. If the lot abuts an arterial, an access tract
may also be allowed to provide an alternate access to the lot if it is impractical to
provide for another public street due to the aforementioned physical limitations. The use
of access tracts cannot preclude or hinder the alignment of future public streets that
would otherwise serve the area.
2. Access tracts can only be created through a plat process pursuant to Chapter 17.09
ACC and this chapter. Ownership and maintenance responsibilities will also be
determined as part of the plat process.
3. The maximum number of lots to be served by one access tract shall be six. If a lot
abuts an access tract and a public street, then the front lot line shall be oriented to the
public.
4. All access tracts and/or easements must connect to a public street and the maximum
length shall be 150 feet as measured from the edge of the public street right-of-way.
Additional length may be allowed if the unique physical limitations of the property
including but not limited to steep slopes, significant vegetation, or sensitive
environmental areas would be impacted less if additional length were provided. The
access tract shall not allow for through vehicle access.
5. Private access tracts and/or easements shall meet city of Auburn design and
construction standards.
C. Emergency Access Provisions. Irrespective of the requirements of this section, additional
provisions may be required if needed to provide for adequate emergency access as determined
by the Auburn fire marshal. The additional provisions may include but not be limited to providing
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for turnarounds, additional access tract width, fire hydrants or sprinklering of the building. (Ord.
6239 § 1, 2009.)
Title 18 – Zoning
Chapter 18.29
DUC DOWNTOWN URBAN CENTER DISTRICT
Sections:
18.29.010 Intent.
18.29.020 Scope.
18.29.030 Process.
18.29.040 Definitions.
18.29.050 Use limitations.
18.29.053 Uses/activities requiring an administrative use permit.
18.29.055 Uses/activities requiring a conditional use permit.
18.29.060 Development standards.
18.29.070 Design standards.
18.29.060 Development standards.
I. Signs. The design of all signs shall be in conformance with the design standards referenced in
ACC 18.29.070. Allowable types, numbers and sizes of signs shall be as follows:
1. Freestanding. Not allowed, except for monument signs as described within the
“Downtown Auburn Design Standards”; no more than one per street frontage; maximum
size: 64 square feet, calculated at a rate of one square foot of sign area per lineal foot of
site frontage; minimum entitlement shall be 32 square feet; maximum height: five feet.
2. Wall signs: maximum area of 150 square feet per building facade, calculated at a rate of
one square foot of sign area for every lineal foot of facade; minimum entitlement shall be
16 square feet.
3. Suspended signs attached under a marquee or canopy: one double-faced sign, no
greater than three square feet per face allowed for each building entrance; maximum
clearance above grade: eight feet.
4. Portable Signs. Except for Main Street frontages, Oone portable sign may be allowed
for each business entrance, not to exceed one portable sign per building frontage, subject
to the following:
a. May be placed within public right-of-way subject to the guidelines provided by the
director in consultation with the city engineer such that sign does not interfere with
pedestrian or vehicular traffic and conforms to the requirements of the Americans
with Disabilities Act.
b. May not exceed 36 inches in height and 30 inches in width and be limited to two
faces.
c. May be displayed during business hours only.
d. Must be constructed of either wood or another sturdy material to ensure stability in
the wind.
e. May not move, spin, flash, or otherwise be animated.
f. Shall meet applicable supplemental design requirements of the Auburn downtown
association.
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18.29.070 Design standards.
Adopted by reference are the “Downtown Auburn Design Standards,” and the “Auburn Junction
Design Standards,” a copy of which shall be maintained by the city clerk. This document
contains standards for development of the built environment in the DUC zone. The director shall
have the authority to apply the standards to specific development proposals. These standards
may be amended upon approval by the planning and community development committee of the
Auburn city council except amendments related to the four block redevelopment, bounded by
West Main Street, 2nd Street SE, Auburn Avenue, and “A” Street SW, and properties within one
block radius may be amended upon approval by the downtown redevelopment committee of the
Auburn city council. (Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.)
Chapter 18.31
SUPPLEMENTAL DEVELOPMENT STANDARDS
Sections:
18.31.010 Daycare standards.
18.31.020 Fences.
18.31.030 Height limitations – Exceptions.
18.31.040 Lots.
18.31.050 Single-family dwelling siting and design standards.
18.31.060 Recreational vehicle parks.
18.31.070 Setbacks.
18.31.080 Heliports.
18.31.090 Work release, prerelease and similar facilities.
18.31.100 Wireless communications facilities siting standards.
18.31.110 Siting of microcells.
18.31.115 Wetland mitigation.
18.31.120 Accessory dwelling units.
18.31.130 Reserved.
18.31.140 Gated residential subdivisions.
18.31.150 Secure community transition facilities.
18.31.160 Supportive housing development standards.
18.31.170 Reserved.
18.31.180 Performance standards.
18.31.190 Supplemental development standards for residential mobile home communities.
18.31.200 Multifamily development and mixed-use development design standards and
procedures.
18.31.210 Agricultural enterprises development standards.
18.31.220 Permitted animals.
18.31.230 Table of allowed districts.
18.31.020 Fences.
A. Height Regulations. The minimum or maximum height requirements as stipulated throughout
this chapter shall be considered to be met if the height of the fence is within six percent of the
height required. The height of the fence shall be determined from the existing, established grade
on the property.
1. The following regulations shall apply in the R-1, R-5, R-7, R-10, R-16, R-20, R-MHC,
RO, RO-H, I, C-N, C-1, C-2, and DUC zones:
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a. Fences may be constructed to a height not to exceed the following in each of the
required setback areas, as regulated per each zone, or as modified by subsection B
of this section:
i. Front setback: 42 inches; provided, that fences constructed of chain link,
wrought iron or similar materials that provide visibility may be 72 inches in
height;
ii. Side setback: 72 inches;
iii. Rear setback: 72 inches;
iv. Street side setback: 72 inches.
2. Fences and walls built within the building area of a lot may be as high as the maximum
building height allowed within the applicable zone. Building permits are required for fences
exceeding six feet in height.
3. If the fence includes a gate or similar feature, a vehicle refuge area shall be provided
within the driveway to avoid blocking of the public right-of-way.
B. Special Height Restrictions.
1. There shall not be anything constructed or reconstructed, and no obstruction permitted,
within the sight distance triangle area as required by city of Auburn engineering design
standards.
2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to
traffic, and the city engineer may order the removal of such hazard whether or not such
object otherwise complies with the provisions of this title.
C. Screened Fence.
1. A screened fence shall consist, at a minimum, of a chain link fence interwoven with
slats placed in every row or available space in the fence.
2. A 100 percent sight-obscuring fence shall be constructed of solid wood, metal, concrete
or other appropriate material which totally conceals the subject use from adjoining uses.
D. Fences and Associated Landscaping.
1. When landscaping is required along the property line, the fence shall be set back a
minimum of five feet if the fence abuts a street right-of-way, so as to not obscure such
landscaping.
2. At other property lines, the landscaping shall be located to serve the greatest public
benefit.
E. Obstructions – Generally Prohibited.
1. In no case shall any fence and/or hedge be constructed or grown such that it deters or
hinders the fire authority from gaining access to any fire authority connection, fire
protection control valve, fire hydrant, or fire authority appliance or device. Minimum
clearance requirements for fire hydrants shall be in accordance with the city design and
construction standards.
2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a
distance of 150 feet, in any direction, of vehicular approach to the hydrant.
3. In no case shall any fence and/or hedge be constructed or grown in a manner which
interferes with access to storm or sanitary sewer manholes and other appurtenances
which require access for maintenance purposes.
F. Other than in the P-1, M-1 or M-2 zones, no fence may include the use of barbed wire;
provided, that pasture areas a minimum of one acre in area may be fenced with barbed wire in
any zone. Barbed wire may be attached to the top of and in addition to the height of a 72-inch
fence in the above zones, provided it does not extend more than one additional foot in height.
See ACC Section 8.12.060 for additional requirements for nuisances related to fences such as
electric fences.
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G. Any fence located within a front setback that features a locking gate or similar security device
shall provide emergency access in a manner acceptable to the fire marshal. (Ord. 6245 § 15,
2009.)
18.31.120 Accessory dwelling units.
Accessory dwelling units are permitted outright in all residential zones that permit single-family
homes, and may be developed with new or existing single-family homes. The development
standards of the underlying zone and the following siting and performance standards shall apply
to all accessory dwelling units as defined by ACC 18.04.018.
A. The home or accessory dwelling unit must be the principal place of residence for the
homeowner.
B. Only one accessory dwelling unit may be permitted per single-family residence.
C. An accessory dwelling unit shall not be larger than 50 percent of the square footage of the
single-family home with garage space not being included in the calculation. In no case shall the
accessory dwelling unit be more than 950 square feet, nor less than 300 square feet, nor have
more than two bedrooms.
D. Exterior Appearance/Modifications.
1. Any alterations shall not change the appearance from that of a single-family residence,
as determined by the planning director.
2. Only one exterior entrance is allowed to the accessory dwelling unit and it can be
located no closer than 10 feet to an adjoining property line.
3. Any exterior stairs shall be placed in the rear or side setback and no closer than 10 feet
to an adjoining property line.
4. Where garage space is converted to living space, the garage door shall be replaced
with materials that match the exterior of the house. If a detached garage is converted, its
appearance must still be that of a detached garage and the detached garage must be able
to be used for parking of at least one vehicle.
E. Parking Requirements.
1. The parking required for the existing single-family home must meet all requirements of
the zoning code including amount, size and setback requirements in order for an
accessory dwelling unit to be allowed.
2. One additional parking space, beyond those required for the single-family home, is
required for an accessory dwelling unit. The additional parking space must also meet all
requirements of the zoning code.
3. Newly created parking shall make use of existing curb cuts, when possible.
F. An accessory dwelling unit may not be sold as a separate piece of property, or as a
condominium unit, unless allowed by the existing zoning on the property.
G. Any homeowner seeking to establish an accessory dwelling unit shall apply for approval in
accordance with the following procedures:
1. The homeowner shall apply for an accessory dwelling unit permit with the city. A
complete application shall include a properly completed application form, floor and
structural plans, and fees. and an affidavit of owner residency. The affidavit of owner
residency must be signed before a notary public affirming that the owner meets the
requirements of subsections A through E of this section.
2. Before issuance of the certificate of occupancy for an accessory dwelling unit permit,
the homeowner must provide a copy of a statement recorded with the county records and
elections officein which the subject property resides. The statement must read:
An application for a permit for an accessory dwelling unit has been submitted to the
city of Auburn by the owner of this property. Future owners are advised that the
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owner of the property must comply with all requirements of the Auburn Zoning Code,
as amended, if the accessory dwelling unit is to be occupied or rented.
H. If an accessory dwelling unit is to be removed, appropriate permits and inspections must first
be received from the city. If a homeowner wants to remove the statement as required by
subsection (G)(2) of this section from the property’s title, then the city shall issue an appropriate
release upon evidence that the accessory dwelling unit has been removed. The release shall be
recorded by the homeowner with the county records and elections office and a copy of the
recorded release shall be provided to the city. (Ord. 6245 § 15, 2009.)
Chapter 18.60
HOME OCCUPATIONS
Sections:
18.60.010 Purpose.
18.60.020 Requirements.
18.60.030 Exemptions.
18.60.040 Special home occupation permit.
18.60.050 Businesses not permitted as home occupations.
18.60.060 Termination.
18.60.020 Requirements.
Home occupations are required to have a business license as issued by the city, comply with all city
codes and ordinances, and shall be consistent with the following provisions:
A. Only members of the immediate family residing on the premises and no more than one non-resident
may be employed at any one time; provided, that home occupations with a nonresident employee shall
provide off-street parking for the employee on site;
B. No mechanical equipment is used except such as is commonly or customarily used for domestic,
household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity,
noise, emissions and type);
C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for
bed and breakfasts;
D. That such occupation shall not require internal or external alteration or involve construction features
not customarily found in a dwelling;
E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC
18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial
delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed
twice per day;
F. The conduct of any home occupation, including but not limited to the storage of goods and equipment,
shall not reduce or render unusable areas provided for the required off-street parking. Additional parking
is not allowed in order to conduct a home occupation, except what may be required through the issuance
of a special home occupation permit pursuant to ACC 18.60.040;
G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached
to a building, except that home occupations in commercial or industrial zones may have signs consistent
with the applicable zoning district;
H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or
adjacent residences;
I. No more animals are maintained on the premises than what may otherwise be permitted in the zone;
J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of
operation:
1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m.
on Saturdays;
2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday;
3. No employee or customer visits shall be permitted on Sundays or federal holidays;
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K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way)
client/delivery-related trips per day for those home occupations that operate by appointment only and do
not have overlapping client visits. All other home occupations shall be limited to five (two-way)
client/delivery trips per day;
L. Outdoor storage of materials, goods, products or equipment is not allowed;
M. The home occupation is to be conducted in such a manner that the residence shall not differ from its
residential character either by the use of colors, materials, construction, lighting, signs, or the emissions
of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area
in which the home occupation is located. (Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2,
1987.)
Chapter 18.52
OFF-STREET PARKING AND LOADING
Sections:
18.52.005 Intent.
18.52.010 Applicability.
18.52.020 Number of off-street parking spaces required.
18.52.025 Disabled/handicapped parking requirements.
18.52.030 Reductions of the quantity of required parking.
18.52.040 Drive-through facilities.
18.52.050 Parking design, development, and maintenance standards.
18.52.060 Repealed.
18.52.065 Commercial vehicles in residential zones.
18.52.070 –
18.52.100 Repealed.
18.52.110 Fractional spaces.
18.52.120 Repealed.
18.52.125 Stacked parking.
18.52.130 Off-street loading space.
18.52.135 Alternate parking layouts.
18.52.020 Number of off-street parking spaces required.
Each principal use of the land, building, or structure shall provide the number of off-street
parking spaces required by this section. The following standards are not applicable in the DUC,
downtown urban center zone; refer to Chapter 18.29 ACC for specific requirements for that
zone.
A. Parking Requirements by Land Use.
1. Minimum Number of Parking Spaces. Each land use shall provide the minimum number
of off-street parking spaces required by Table 18.52.020, except where a greater number
of spaces are required through a more specific approval process such as an
administrative use permit or conditional use permit approval.
2. Uses Not Listed. Where a use is not listed in Table 18.52.020 the planning director shall
determine the number of required parking and/or loading spaces. The planning director
shall use the requirements in Table 18.52.020 as a guide in determining the number of off-
street parking spaces required based on the similarity of uses or may consider a parking
generation study.
B. Maximum Number of Parking Spaces. Except for required parking spaces for persons with
disabilities, spaces provided in park and ride lots operated by a public transit agency, spaces for
carpools, spaces for electric vehicle charging and spaces within structured parking with two or
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more levels, the maximum number of parking spaces for nonresidential uses shall not exceed
125 percent of the minimum spaces required by Table 18.52.020.
C. Measurement of Floor Area. In any case where Table 18.52.020 establishes a parking
requirement based on floor area in square feet (for example: two spaces per 1,000 square feet
(sf) of floor area), the floor area shall be construed to mean gross floor area (defined in ACC
18.04.430).
D. Use with Accessory Components. A single use with accessory components shall provide
parking for the primary use, and each component. For example, a hotel with a meeting room
may be required to provide the parking spaces required by Table 18.52.020 for a hotel (i.e., the
guest rooms), and for a meeting room.
E. Obstruction. Removal of required parking or loading spaces from practical use by obstruction,
erection of buildings, or other actions as to reduce the parking or loading capacity or usefulness
thereof below the minimum requirements established in this chapter is prohibited.
Table 18.52.020 Off-Street Parking Requirements by Land Use
Land Use Type: Unit of Measure: Required Parking Rate
(spaces per unit of
measure):
Residential Categories
Single-family, detached dwelling, adult family
home
Dwelling unit 2.00
Two-family dwelling (duplex) Dwelling unit 2.00
Multifamily dwelling (one and two bedroom units) Dwelling unit 1.50
Multifamily dwelling (three bedroom units or more)Dwelling unit 2.00
Mobile home dwellings1 Dwelling unit 2.00
Assisted living facilities 4 bedrooms 1.00
Plus one space for
each two employees
Group living (includes supportive housing,
boardinghouse)
2 bedrooms 1.00
Commercial Categories
Auto, boat, or recreational vehicle sales or leasing,
new or used
5,000 square feet of outdoor
sales area
1,000 square feet of
showroom and service
facilities
1.00
1.00
Daycare centers Each 10 children in care 2.00
Eating and drinking establishments 1,000 square feet of floor
area
10.00
Food retail stores and markets 1,000 square feet of floor
area
5.00
Health and fitness clubs 1,000 square feet of floor
area
10.00
Hotel or motel Guest room or rental unit 1.00
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Mini-marts and self service gas stations 1,000 square feet of floor
area
5.00
Mortuaries or funeral homes Seat2 0.25
Motor vehicle repair and services 1,000 square feet of floor
area
2.50
Personal service shops 1,000 square feet of floor
area
2.50
Retail commercial establishments, less than
15,000 square feet of floor area
1,000 square feet of floor
area
2.50
Retail commercial establishments, greater than
15,000 square feet of floor area
1,000 square feet of floor
area
4.00
Shopping centers 1,000 square feet of floor
area
4.00
Office Categories
Business and professional offices 1,000 square feet of floor
area
2.00
Medical, dental, and other doctor’s offices 1,000 square feet of floor
area
5.00
Manufacturing Processing and Warehousing
Categories (See 18.52.020(D)
All manufacturing, industrial, and processing uses,
except the following:
1,000 square feet of floor
area
1.00
Warehousing 2,000 square feet of floor
area
1.00
Storage – Personal storage/mini-storage facilities Storage unit3 Minimum of 2 spaces
Recreation, Education, Public Assembly
Categories
Auditoriums, stadiums, and theaters Seat2 0.25
Commercial recreation facilities – Indoor, except
for the following:
1,000 square feet of floor
area
5.00
Bowling alleys Lanes 5.00
Pool and billiard rooms Table 2.00
Skating rinks 1,000 square feet of floor
area
5.00
Commercial recreation facilities – Outdoor 1,000 square feet of usable
recreational area
3.00
Hospitals Bed 1.75
Library, museum 1,000 square feet of floor
area
2.50
Meeting facility, public or private Seat2 0.25
Religious assembly Seat2 0.20
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Schools (public and private)
Kindergarten schools Employee4 1.00
Elementary/middle schools Teaching station 1.20
Secondary (high) schools Student 0.40
College or university (including trade and
business schools)
Student 0.75
Studios (dance, martial arts, etc.) 1,000 square feet of floor
area
5.00
Tennis/racquetball/handball or other sport courts Court
Each 300 sf of floor area for
accessory uses
2.00
1.00
Recreational uses not listed elsewhere Same as retail, based on size
Notes:
1. Within mobile home parks, parking space shall not be allowed within the required setbacks.
Guest parking shall be provided within the development: five percent of total requirement.
2. Seat, 18 inches of bench, or 25 square feet of floor space.
3. Parking shall be provided by parking/driving lanes adjacent to buildings. Two parking spaces
shall be provided adjacent to the manager’s quarters.
4. There shall be two visitor-parking stalls provided for each 10 required employee stalls.
(Ord. 6388 § 1, 2011; Ord. 6167 § 4, 2008; Ord. 6140 § 2, 2007; Ord. 6071 § 3, 2007; Ord.
5777 § 1, 2003; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; Ord. 4304 §
1(40), (41), 1988; Ord. 4229 § 2, 1987.)
Title 19 – Impact Fees
Chapter 19.02
SCHOOL IMPACT FEES
Sections:
19.02.010 Purpose.
19.02.020 Definitions.
19.02.030 Determination of the amount of the impact fees.
19.02.040 Interlocal agreement between the city and district.
19.02.050 Submission of district capital facilities plan and data.
19.02.060 Annual council review.
19.02.070 Fee collection.
19.02.080 Exemptions.
19.02.090 Adjustments, exceptions and appeals.
19.02.100 Impact fee accounts and refunds.
19.02.110 Impact fee formula.
19.02.115 Impact fee calculation and schedule for the Dieringer School District.
19.02.120 Impact fee calculation and schedule for the Auburn School District.
19.02.130 Impact fee calculation and schedule for the Kent School District.
19.02.140 Impact fee calculation and schedule for the Federal Way School District.
19.02.050 Submission of district capital facilities plan and data.
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A. On an annual basis (by July 1stthe second Friday in June or on a date agreed to by district
and the city and stipulated in the interlocal agreement), any district for which the city is collecting
impact fees shall submit the following materials to the city council:
1. The district’s capital facilities plan (as defined herein) as adopted by the school board;
2. The district’s enrollment projections over the next six years, its current enrollment and
the district’s enrollment projections and actual enrollment from the previous year;
3. The district’s adopted standard of service;
4. The district’s overall capacity over the next six years, which shall take into account the
available capacity from school facilities planned by the district but not yet built and be a
function of the district’s standard of service as measured by the number of students which
can be housed in district facilities; and
5. An inventory of the district’s existing facilities; and
6. If the school impact fee adjustment request by the school district increases the school
impact fee, the request shall be in writing to the City and submitted concurrently with the
district’s capital facilities plan..
B. To the extent that the district’s standard of service identifies a deficiency in its existing
facilities, the district’s capital facilities plan must identify the sources of funding other than
impact fees for building or acquiring the necessary facilities to serve the existing student
population in order to eliminate the deficiencies within a reasonable period of time.
C. Facilities to meet future demand shall be designed to meet the adopted standard of service.
If sufficient funding is not projected to be available to fully fund a capital facilities plan which
meets the adopted standard of service, the district’s capital facilities plan should document the
reason for the funding gap, and identify all sources of funding that the district plans to use to
meet the adopted standard of service.
D. The district shall also submit annually to the city a report showing the capital improvements
for which the impact fees have been used.
E. In its development of the financing plan component of its capital facilities plan, the district
shall plan on a six-year horizon and shall demonstrate its best efforts by taking the following
steps:
1. Establish a six-year financing plan, and propose the necessary bond issues, levies,
and/or financing measures required by and consistent with that plan and as approved by
the school board consistent with state law; and
2. Where applicable, apply to the state for funding, and comply with the state requirements
for eligibility to the best of the district’s ability. (Ord. 6341 § 2, 2011; Ord. 5078 § 1, 1998.)
Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Elizabeth Chamberlain, AICP, Planning Manager
Date: May 29, 2012
Re: Proposed Code Amendments to Auburn City Code Section 12.64A.030 and Creating a New
Chapter, Chapter 17.28
Background
The City, as part of its requirements for public improvements, requires that conduit be
constructed when frontage improvements are required within arterial streets for the City’s data
and communications network.
Discussion
The proposed code changes require the conduit be constructed when frontage improvements
are required within any street not just arterial streets. Staff is also recommending a new chapter
be created to Title 17, Land Adjustments and Divisions, specifically related to infrastructure
conduit. This proposed new chapter would apply to development activity governed by Title 17,
such as short plats and preliminary plats.
These recommended code changes are needed for the City to continue providing services to
the public that allow for system wide coordinated management of facilities (e.g. traffic control
devices) that are monitored remotely and whereas new technologies present additional
opportunities for the City to utilize its data and communication infrastructure to enhance public
services.
By requiring these improvements as part of the street improvements is more cost effective while
the street is under construction as part of a development rather than opening the street only for
installation of conduit.
At the June 5, 2012 Planning Commission meeting, staff will review the proposed code changes
with the Commission.
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Ordinance No. 6414
May 30, 2012
Page 1 of 5
ORDINANCE NO. 6 4 1 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
12.64A.030 OF THE AUBURN CITY CODE AND
CREATING A SECTION 13.40.040 AND A NEW CHAPTER
17.28 OF THE AUBURN CITY CODE, RELATING TO THE
INSTALLATION OF CITY-OWNED IMPROVEMENTS
WHEREAS, the City Council finds that enhancing the City’s data and
communications infrastructure allows the City to provide services to the public in a more
effective and efficient manner; and
WHEREAS, making remote data access available to the City’s police officers,
inspectors, utility staff, and other field personnel allows them to devote more time to
providing services to the community and less time traveling to and from City offices and
facilities; and
WHEREAS, the City has a number of utility facilities, traffic control devices, and
other equipment located throughout the City that are monitored and operated remotely;
and
WHEREAS, increasing the number of such remote facilities connected to the
City’s data and communications infrastructure allows for system-wide, coordinated
management of such facilities; and
WHEREAS, new technologies may present additional opportunities for the City to
use its data and communications infrastructure to enhance its provision of public
services; and
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Ordinance No. 6414
May 30, 2012
Page 2 of 5
WHEREAS, the City Council finds that the installation of City-owned conduit
throughout the City would enhance the City’s data and communications infrastructure;
and
WHEREAS, requiring the placement of City conduits in trenches opened in City
rights-of-way as part of a development project allows for expansion of the City conduit
system at a lower cost to the public and with fewer opening of the City’s streets; and
WHEREAS, the cost of adding such conduit to an already opened trench would
be proportional to the benefit of enhanced public services received by the owner of the
developing property; and
WHEREAS, it is important to the City and to those persons and entities within the
City who depend on the availability of the data and communications infrastructure
services that would be able to be provided through the conduits in City streets to have
those conduits and infrastructure in as many streets as possible, and all due
consideration shall be given to the need for the installation of City-owned conduit in
street improvements, in terms of the improvements that should be required in
connection with the related development or permit activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 12.64A.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
12.64A.030 Requirements.
The city engineer shall determine in consultation with police; parks,
arts, and recreation; planning and development department; information
services; and the local fire authority whether one or more of the following
public right-of-way improvements are necessary to mitigate the impacts of
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Ordinance No. 6414
May 30, 2012
Page 3 of 5
a permitted action set forth in ACC 12.64A.020. which improvements shall,
after construction and installation, be dedicated to and owned by the City
Construction or provision of those improvements in the manner specified
by the city engineer shall be a condition of granting said permit:
A. Paved roadway on the same side of the street as the subject
property;
B. Street lighting;
C. Sidewalks on the same side of the street as the subject
property;
D. Concrete curbs and gutters on the same side of the street as
the subject property;
E. Storm drainage systems;
F. Street landscaping and appurtenances on the same side of
the street as the subject property;
G. Traffic control and other safety devices including, but not
limited to, provisions for channelization, pavement markings, signage,
pedestrian safety, and traffic calming;
H. Dedication of public right-of-way on the same side of the
street as the subject property;
I. Conduit at least three inches in diameter in arterial any
streets/public right-of-way being improved under this chapter. (Ord. 6287 §
2, 2010; Ord. 6112 § 1, 2007; Ord. 6083 § 2, 2007.)
Section 2. New Section to City Code. That a new Section 13.40.040 of the
Auburn City Code be and the same hereby is created to read as follows:
13.40.040 Dedication and ownership of improvements.
Unless otherwise expressly provided, the improvements required
pursuant to this Chapter 13.40 shall, after construction and installation, be
dedicated to and owned by the City.
Section 3. New Chapter to City Code. That a new Chapter 17.28 of the
Auburn City Code be and the same hereby is created to read as follows:
Chapter 17.28
Infrastructure Conduit
Section:
17.28.010 Infrastructure conduit in streets.
17.28.010 Infrastructure conduit in streets.
In addition to the other requirements set forth in this Title 17, any
time street improvements or right-of-way improvements are to be provided
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Ordinance No. 6414
May 30, 2012
Page 4 of 5
in connection with development activity governed hereby, the City review
process shall determine in consultation with public works, police, parks,
arts, and recreation; planning and development departments, information
services, and with the local fire authority, whether conduit at least three
inches in diameter should be included therein, in which cases, if so
required, the applicant shall construct said improvement in conformance
with the public facility extension requirements of Chapter 13.40 of the City
Code.
Section 4. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 5. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
DATED and SIGNED this ____ day of _______________, 2012.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
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Ordinance No. 6414
May 30, 2012
Page 5 of 5
ATTEST:
___________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid,
City Attorney
Published: _________________
Page 1 of 2
Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Dan Heid, City Attorney, City Attorney’s Office
Rob Roscoe, Risk Manager, HR Facilities/Risk Management
Jamie Sidell, Commander - Investigations, Police Department
Date: May 31, 2012
Re: Collective Garden Moratorium Expiration (Resolution No. 4739)
At the June 7, 2012 Planning Commission meeting, staff will present the following
memorandum on Resolution No. 4739 which was adopted by the City Council on August 15,
2011, establishing a moratorium on collective gardens.
Background
At the February 7, 2012 and May 8, 2012 Planning Commission meetings, staff presented
two memorandums on Resolution No. 4739 which was adopted by the City Council on
August 15, 2011, establishing a moratorium on collective gardens. The moratorium expires
on August 15, 2012. As part of the resolution, Council specified a work plan regarding the
creation of regulations for collective gardens. In accordance with the work plan staff
continues to research pending legal decisions regarding the legality of marijuana and
associated collective gardens.
After the staff presentation to the Planning Commission at the May 8th meeting, staff became
aware that a community in the State had moved forward with a policy regarding collective
gardens. On May 14th the City Council of the City of Pasco held a workshop on collective
gardens and indicated that the City will likely adopt an ordinance that will state that the City
will not allow anything in the zoning code that violates state or federal law. Staff made note of
this policy decision along with the policy established by the community of Woodinville earlier
this year, the City of Woodinville adopted Ordinance No. 541 on February 21st of this year
prohibiting the land use of collective gardens within the City limits.
At the May 29, 2012 Planning and Community Development Committee meeting, staff
presented to the Committee to provide an update on staff research in compliance with the
work plan. The Committee provided staff with direction that staff should further investigate
the approach taken by the Cities of Woodinville and Pasco to adopt an ordinance that will
state that the City will not allow anything in the zoning code that violates State or Federal law.
Page 2 of 2
Exhibits:
1) City of Auburn Resolution No. 4739
2) City of Pasco agenda report including Resolution No. 3340 and Council Agenda for
5/14/2012
3) City of Woodinville Ordinance No. 541 and meeting minutes from 2/21/2012