HomeMy WebLinkAbout08-08-2017 PLANNING COMMISSION AGENDAThe 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
August 8, 2017
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
A. ROLL CALL/ESTABLISHMENT OF QUORUM
B. PLEDGE OF ALLEGIANCE
II. APROVAL OF MINUTES
A. JULY 5, 2017
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PUBLIC HEARING
A. Open Space Zoning Code Amendments* (Teague)
Summary: Proposed amendments to Auburn City Code Chapter 18.02 General
Provision, Chapter 18.35 Special Purpose Zones, and the City’s Comprehensive
Zoning Map to establish an Open Space zoning district that will implement the Open
Space Land Use Designation, as provided in the City of Auburn's Comprehensive
Plan and Comprehensive Plan Map.
V. OTHER BUSINESS
A. ZOA17-0005 - Rezone of EP to M-1* (Tate)
Summary: Introduce proposal for an areawide rezone of all EP zoned properties to
M-1.
B. ZOA17-0006 - Calculating Residential Density* (Tate)
Summary: Introduce draft amendments to the methodology for calculating residential
density.
VI. COMMUNITY DEVELOPMENT REPORT
Update on Community Development Services activities.
VII. ADJOURNMENT
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DRAFT
PLANNING COMMISSION
July 5, 2017
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Commissioner
Lee, Commissioner Stephens, Commissioner Copple, Commissioner Shin,
Commissioner Moutzouris, and Commissioner Smith. Commissioner Mason was
excused.
Staff present included: Assistant City Attorney Doug Ruth, Planning Services
Manager Jeff Dixon, Deputy Fire Marshal Karen Stewart of Valley Regional Fire
Authority, Parks Planning & Development Manager Jamie Kelly, Planner II,
Alexandria Teague, and Planning Administrative Assistant Tina Kriss.
Members of the public present: Mark Hancock and Mark Segale of Segale
Properties, LLC, and Wayne Wiltse of the Muckleshoot Indian Tribe.
b.) PLEDGE OF ALLEGENCE
II. APPROVAL OF MINUTES
A. June 6, 2017
Commissioner Smith moved and Commissioner Lee seconded to approve the
minutes from the June 6, 2017 meeting as written.
MOTION CARRIED UNANIMOUSLY. 7-0
III. PUBLIC COMMENT
There was no public present for comments.
IV. PUBLIC HEARING
A. Open Space Zoning Code Amendments
Planner II, Alex Teague presented the staff report on the proposed open space
zoning code amendments. Ms. Teague distributed a revised staff report. Within the
staff report revisions were made to the staff recommendation regarding the Open
Space Zoning Code Amendments.
Chair Roland opened the public hearing on the Open Space Zoning Code
Amendments at 7:03 p.m.
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PLANNING COMMISSION MEETING MINUTES July 5, 2017
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Staff provided an overview of the revised staff recommendations and additional
comment letters received by the city regarding the open space zoning code
amendments.
A discussion was held regarding the staff recommendations to exclude the Segale
owned properties from the open space zone map amendments. Staff explained the
Segale properties are part of a designated special plan area and on the current
comprehensive land use map, the long-haul road Segale property is designated as
“Institutional” rather than “Open Space” so it is proposed to not be included within the
amendment. Through a subsequent amendment process the city will be working with
the applicant to change the land use designation and zoning that is appropriate until
the sub-area planning process has been processed for the properties included in a
sub-area designation.
The Commission and staff discussed the other private properties that has been
included in the open space map amendment. One property is owned by a private
owner (Chernys) and the other by a home owner’s association which is a utility tract
within a subdivision.
The Commission and staff discussed the private property owned by the Chernys.
Staff explained that the change in designation of this property is only the part closest
to and following the river and this area is impacted by the shoreline designation, as
well as river buffer under the critical areas regulations. The portion near the river is
being recommended for a change to an open space zone designation.
Commissioner Shin stated that without a compelling reason the zoning of private
property should not be changed. The Cherny property is already protected by
shoreline management as it follows the river so he is unclear why it should be
rezoned to open space.
Staff explained that other properties along the shoreline are also being selected to be
included as they are all part of the properties along the shoreline that meet the intent
of the open space zone. A Commissioner pointed out that the selection of properties
to be considered for the open space classification are uniform along the river.
The Commission and staff discussed the Muckleshoot Indian Tribe owned
properties. Staff stated, that for those properties within the historic reservation
boundaries that are either owned by the Tribe or held in trust status, the Tribe
asserts jurisdiction and City does not have jurisdiction over the properties. The City
has continued to apply Comprehensive Plan designations and Zoning classifications
to properties because so much of the land within the historic reservation boundaries
is non-Indian owned. Also, it is important to include the property in the rezone so if
the property is sold to a private non-Indian owner it would be covered in the city’s
land use designation and a zoning classification.
The Commission and staff discussed the option for private parties to submit an
application for a comprehensive plan amendment and rezone during the annual
Comprehensive Plan Amendments process. Staff confirmed that each year a private
party can submit an application for a comprehensive plan amendment and rezone
during the annual process.
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PLANNING COMMISSION MEETING MINUTES July 5, 2017
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Staff’s revised recommendation is to recommend approval of Auburn City Code
Chapter 18.02., (General Provisions) and Chapter 18.35, (Special Purpose Zones)
as presented in the materials distributed for the meeting and approval of the
amendment to the Comprehensive Zoning Map with the following revisions:
Except those parcels owned by Levan Auburn Development LLC (Parcel
Nos. 7815700095 and 7815700135), City of Auburn Parcel No.
7815700085, and all properties owned by Segale Properties LLC (Parcel
No. 2921059002, 2921059021, 2921059044, and 3021059361) which are
removed from the amendment to the Comprehensive Zoning Map.
Chair Roland invited the public forward for public testimony.
Mark Hancock, Segale Properties LLC
Mr. Hancock stated he represents Segale Properties LLC and noted that the property
owner Mark Segale is also in the audience. Segale appreciates and supports the
staff recommendations to exclude the Segale parcels from the Open Space Zoning
Map change.
Segale is in agreement with the revised staff memorandum and states there are two
reasons to exclude the properties: 1.) The properties are part of a designated special
planning area for which a future process is set forth. It is better to master plan the
continuous 600 acres plus lands owned by Segale as a whole than to piece meal
parts of it before we all know what the future master plan will look like. 2.) The City
will re-evaluate the underlying Comprehensive Map in the future amendment cycle in
order to refine the boundaries of the open space land use designation.
Mr. Hancock thanked the Planning Commission for their work on the Open Space
Zoning plan and thanked staff for helping Segale understand the situation, exchange
information, and allow Segale Properties, LLC to share their concerns.
Wayne Wiltse, Planner with the Muckleshoot Indian Tribe (MIT)
Mr. Wiltse, Planner for the MIT, formally asked for an extension of the comment
period to review the environmental determination, SEP17-0010, and the proposed
code amendment, ZOA16-0009. MIT feels due to the numerous properties listed
within the MIT reservation boundaries additional time is necessary to allow their
legal, natural resources, and other departments time to review the nature of the
proposed changes.
Mr. Wiltse stated they look forward to the long and continued cooperative
relationship with the City of Auburn.
Staff explained that if the Commission would like to provide additional time for MIT to
expand their review of the proposal, one option is to continue the public hearing to
the Planning Commission’s August 8, 2017 regular meeting.
The Commission and staff discussed the Muckleshoot Indian Tribe properties, staff
stated the City is requesting designation of open space at this time. Staff explained
that the properties would potentially not be subject to the jurisdiction of the city but if
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PLANNING COMMISSION MEETING MINUTES July 5, 2017
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the properties are sold to and no longer held by the Muckleshoot Tribe it would
benefit the future land owner to understand the zoning and land use of the property.
The Commission asked if staff could make an additional effort to contact the Cherny
property owners and also continue to work with the staff of MIT before the August 8,
2017 meeting.
Commissioner Copple moved and Commissioner Smith seconded to continue the
public hearing on the Open Space Zoning Code Amendments to August 8, 2017.
MOTION CARRIED UNANIMOUSLY. 7-0
V. OTHER BUSINESS
A. Annual Comprehensive Plan Amendment Docket Discussion.
Planning Services Manager Jeff Dixon reminded the Commission that in 2015 a new
Comprehensive Plan was adopted. Staff explained that on an annual basis smaller
housekeeping amendments are processed as well as, providing an opportunity for
applicants to submit applications for map or text amendments. Under state law, the
city is limited to considering amendments only once a year, except under certain
circumstances.
In May staff advertised that the City was accepting their Annual Comprehensive
Amendments through June 9, 2017. One private map amendment request was
received.
Nexus Youth & Family (formerly, Auburn Youth Resources) has submitted a
Comprehensive Plan Amendment to change the Comprehensive Plan Map
Designation of 3 parcels from “Single-Family” with a “Residential Transition Overlay”
to “Light Commercial.
Nexus has also submitted an associated rezone application to change the zoning
classification of these same 3 parcels “R-7, Residential” to “C-1, Light Commercial”.
The 3 parcels total approximately 0.72 acres and are located on the west side of “H”
St. SE, west of Les Gove Park and the Senior Center. An environmental decision
will also be a part of staff’s review of the amendment request.
A recent Ordinance No. 6655, adopted by Council, provides for concurrent
processing of both the Comprehensive Map Changes and Zoning Map Changes at
the same time. In the past a comprehensive map change would be brought before
the Planning Commission for recommendation and moved to City Council for
approval. Once City Council had acted on the change, the rezone would then go
before the city’s hearing examiner for a hearing process resulting in a decision and
recommendation to the City Council for the rezone action.
The process is now combined so that one hearing can be conducted by the Planning
Commission on both map changes simultaneously with a recommendation on each
of the items to go on to City Council. It will result in a more efficient and less time
consumptive process for the party submitting the type of changes to the city.
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PLANNING COMMISSION MEETING MINUTES July 5, 2017
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A discussion was held zoning changes and the land uses associated with the
approval. Commissioner Stephens stated he would like clarity on the uses because
if a property was rezoned and the business or activity failed, folded, or was no longer
active, there may be a future use that was not intended for the property.
Staff explained that by making a comprehensive map and zoning change it will allow
a set of uses even and if the property ownership changes it would continue to allow
the set of uses.
VI. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager Jeff Dixon reported that on July 3, 2017, Ordinance No.
6642, regarding marijuana regulations, was adopted by the City Council. Council
complimented the Planning Commission for the effort that was taken on the marijuana
regulations, and the addition efforts for the survey efforts. They were very appreciative
of how comprehensive the proposal by the Planning Commission was.
Council adopted Ordinance No. 6654 on June 19th which will go into effect July 23, 2017
regarding the final plat process. Previously, as mandated by state law, the final plat
process was a City Council decision. And thus it previously it was a two-step process,
requiring a preliminary plat and final plat process before City Council for approval.
However, through new legislative action on a state level, the final plat decision can now
be processed through an administrative decision. This shortens the process by saving
steps of scheduling with the City Council and preparing agenda materials.
GeauX Brewing, located on East Main Street, received their Certificate of Occupancy
and business license. The brewery will have a soft opening, consisting of being open
Thursday to Saturday in the evening while completing a few interior improvements.
A building permit has been issued for Dave and Busters located in the Outlet Collection
Mall (in the old space of Marshalls).
The next meeting will be held August 8, 2017.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:26 p.m.
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Memorandum
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Alexandria Teague, Planner II, Community Development Services
With support by Lisa Grueter, BERK Consulting
DATE: July 31, 2017
RE: Staff Response to Planning Commission Request Regarding Noticing Efforts for the Open
Space Zone Amendments (City File Nos.: ZOA16-0009 and SEP17-0010)
BACKGROUND: Staff conducted additional noticing efforts to Andrew and Elena Cherny (the Chernys) and
Muckleshoot Indian Tribe (MIT) per the request of the Planning Commission. The purpose of the memo is
to discuss the noticing efforts.
PROPOSAL: The following amendments related to the Open Space zone are currently under consideration
for the Planning Commission.
•Amendments to the Auburn City Code Chapter 18.02 (General Provisions): establish the Open
Space zone as a zoning classification among the list of established zones in the City’s zoning code.
•Amendment to Chapter 18.35 (Special Purpose Zones): propose an intent statement, allowed
uses, and zoning development standards for the Open Space zone.
•Amendments to the Comprehensive Zoning Map: changes the zoning district of the parcels to the
Open Space zone.
These amendments have been included in Planning Commission’s packet for the August 8, 2017 Planning
Commission meeting and Public Hearing.
FINDINGS OF FACT:
1.Under Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan at the end of
2015 that includes a new land use map designation of “Open Space”.
2.Under the existing comprehensive plan document structure, each Comprehensive Plan land use
designation is implemented by at least one zoning district (zone) that addresses the allowed uses
and the zoning development standards. Currently, there is no implementing Open Space zone in
the Auburn City Code.
3.Implementation of the “Open Space” comprehensive plan designation, has been discussed with
the Planning Commission previously. The Planning Commission has reviewed four memorandums
regarding the creation of an Open Space zone as follows:
a.On December 6, 2016, the Planning Commission reviewed the first memorandum titled,
“Open Space Zone: Background, Options, and Recommendations”. This memorandum
provided background and analysis of the City of Auburn’s Open Space land use designation,
and some issues and options for implementing the Open Space zone, including examples of
other jurisdictions’ open space zoning code language.
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b.On January 4, 2017, the Planning Commission reviewed the second memorandum titled
“Open Space Zone: Supplemental Responses to Planning Commission Questions”. This
memorandum included the general difference between the Comprehensive Plan land use
designations and zoning districts, and further described the ownership and number of parcels
currently designated “open space”.
c.On March 7, 2017 the Planning Commission reviewed the third memorandum titled “Open
Space Zone: Proposed Code”. This memorandum provided a discussion on the text
amendment including an intent statement, allowed uses, and zoning development standards
for the Open Space zone.
d.On April 4, 2017 the Planning Commission reviewed the fourth memorandum titled “Open
Space Zone: Supplemental Materials”. This memorandum provided information regarding the
acreage of all privately owned (non-governmental agency) parcels, former and current land
use designation of the parcels owned by the Muckleshoot Indian Tribe (MIT) and within the
MIT reservation boundary, and the former and current land use designation of privately
owned parcels.
4.On July 5, 2017 the Planning Commission held a public hearing regarding the creation of the Open
Space Zone. Staff provided the Planning Commission two memorandums for the public hearing.
The first memorandum was titled, “Amending Auburn City Code Chapter 18.02 (General
Provisions), Chapter 18.35 (Special Purpose Zones), and the Comprehensive Zoning Map” and
contained findings of fact and an initial recommendation for the Open Space Amendments. The
second memorandum was titled, “Staff Response to Comment Letters regarding Amending
Auburn City Code regarding the Open Space Zoning District and the Comprehensive Zoning Map”.
This memorandum addressed comments received from the City of Auburn Parks Department, City
of Auburn Economic Development Department, and Nancy Bainbridge Rogers, representing Mark
Segale, a private property owner, and contained a revised staff recommendation.
5.Pursuant to RCW 36.70A the proposed code language was transmitted to the Washington State
Department of Commerce on April 20, 2017. The transmittal initiated the 60-day state agency
review period. The 60-day state agency comment period expired on June 19, 2017. The City did
not receive any state agency comments.
6.A State Environmental Policy Act (SEPA) non-project environmental checklist was prepared that
evaluates the environmental impacts of the proposed amendments to Auburn City Code Chapter
18.02 General Provisions, Chapter 18.35 Special Purpose Zones, and the Comprehensive Zoning
Map. The SEPA determination of non-significance (DNS) was issued on June 13, 2017. Pursuant to
Auburn City Code Title 14 the following methods of noticing for the Planning Commission public
hearing were conducted:
a.The combined SEPA DNS and notice of public hearing was published in the Seattle Times
on June 13, 2017.
b.The SEPA DNS and notice of public hearing was mailed on June 13, 2017 to all affected
property owners (owners of properties currently designated open space).
c.A revised notice of public hearing was mailed on July 19, 2017, to the Muckleshoot Indian
Tribe.
d.Additional attempts to mail the SEPA DNS and notice of public hearing to the Chernys was
conducted on June 28, 2017 and July 6, 2017.
7.The combined SEPA DNS and notice of public hearing publication established a 15-day SEPA public
comment period which expired at 5:00 PM on June 28, 2017. The combined public notification
provided public comment opportunity under both SEPA (City project file no. SEP17-0010) and the
zoning amendment (City file no. ZOA16-0009). As of the date of writing of this report, staff has
received three public comments the comment letters. The comment letters were included in the
July 5, 2017 Public Hearing packet.
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8. Title 18 of the Auburn City Code (ACC) includes Chapter 18.68, (Amendments), which addresses
the procedures for amendments to Title 18 Zoning and the Comprehensive Zoning Map.
ADDITIONAL NOTICING EFFORTS:
Andrew and Elena Cherny, private property owners of parcel no. 3421059021:
City Staff has been working to notice the Andrew and Elena Cherny, property owners of the proposed
code amendments presented at public hearing on July 5, 2017 and continued to August 8, 2017.
1. On June 13, 2017 per the requirements of Auburn City Code a Determination of Non-
Significance (DNS) and Notice of Public Hearing was sent to Andrew and Elena Cherny, XXXXX
6th Ave S, Federal Way, WA. The address selected for the mailing was obtained through King
County Records as the taxpayer of record for Parcel No. 3421059021 which is the customary
method.
2. On June 28, 2017 city staff received the Cherny mailing from the Postmaster as "return to
sender/not deliverable” for the XXXXX 6th Ave S, Federal Way, WA address.
3. On June 28, 2017 an additional search of King County Records revealed the address provided in
the tax records was no longer owned by the Chernys. A search on the internet provided a
potential address for one of the parties and the mailing was then sent to that address, XXXXX
26th Ave S, Federal Way, WA. A confirmation was not provided to determine if the parties
received the notice.
4. On July 6, 2017 staff performed a search on the name of one of the parties in a program used by
our code enforcement team for abatement. An additional notice and letter was sent to the
Chernys providing them with the original notice and the date of the continued public hearing,
August 8th to the address at XXXXX 32nd Ave S, Auburn, WA and XXXX S 273rd St, #174, Federal
Way, WA (the latter provided by Assistant City Attorney Doug Ruth as a possible address).
5. On July 24, 2017 city staff received the Cherny mailing from the Postmaster as "return to
sender/not deliverable” for the XXXX S 273rd St, No. 174 Federal Way, WA address.
As of the date of writing of this report, staff has not received any comments from the Andrew or Elena
Cherny.
Muckleshoot Indian Tribe (MIT), owner and/or trustee of parcel nos. 2021059037, 2821059032,
2821059033, 2021059047, 3421059025, 3421059030, 3421059008, 2821059030, and 2021059041.
1. On July 18, 2017 staff emailed the Muckleshoot Indian Tribe (MIT) planner present at the July 5,
2017 Public Hearing the parcel ownership and acreage information for the MIT owned/trustee
properties.
2. On July 19, 2017 staff mailed a revised notice of public hearing to the Muckleshoot Indian Tribe.
3. On July 27, 2017, City of Auburn Planning Staff met with two (2) new MIT Planning staff
regarding the open space amendment. The purpose of this meeting was to familiarize the new
MIT staff with their parcels included in the proposed amendment and to provide additional
information as requested by the MIT Planning staff.
4. On July 28, 2017, the City’s Geographic Information System (GIS)/Database Specialist staff
provided Auburn parcel, zoning, and land use information GIS data to the MIT Planning staff.
As of the date of writing of this report, staff has not received any formal comments/recommendation
from the Muckleshoot Indian Tribe Planning staff regarding the recommendation; however, staff
expects that the MIT Planning staff will provide comments later in the week and/or provide public
comment at the public hearing.
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AMENDED STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend:
Approval of the amendments to Auburn City Code Chapter 18.02, (General Provisions) and Chapter 18.35,
(Special Purpose Zones) as presented in the materials distributed for the meeting and approval of the
revised amendment to the Comprehensive Zoning Map (Attachment B) with the following revisions:
Except parcel no. 7815700095 and 7815700135, owned by Levan Auburn Development LLC, parcel no.
7815700085, owned by the City of Auburn, and parcel no. 2921059002, 2921059021, 2921059044, and
3021059361, owned by Segale, which are all removed from the amendment to the Comprehensive Zoning
Map.
CURRENT ACTION: To assist the Planning Commission in their consideration of the proposed
amendments to Auburn City Code Chapter 18.02 (General Provisions), Chapter 18.35 (Special Purpose
Zones), the Comprehensive Zoning Map, staff is providing the following summarized information. Items
1 through 4, below are summarized information from previous presentations and meetings. The 5th item
of information while it has been discussed before, has not been presented as a map.
• Item 1 depicts the proposed text change to show “Open Space” among the list of established
zones in the City’s zoning code.
• Item 2 is the proposed text change of the open space intent statement of the zoning district.
• Item 3 summarizes the text change in table format of all proposed uses, both allowed and
prohibited.
• Items 4 shows the text change of the zoning development standards, which consist of the required
setbacks, height, site coverage, for the Open Space zone.
• Item 5 shows an excerpted Comprehensive Zoning Map, depicting the current zoning classification
of parcels designated as “Open Space” by the comprehensive plan map and that would be
changed to the “OS, Open Space” zoning district by the proposed action.
The full text of the changes follows as the attachments.
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Item 1. Add Open Space Zone to list of Established Zones - Chapter 18.02 GENERAL PROVISIONS
This item amends Chapter 18.02, (General Provisions) to established open space as a zone within the
Zoning Code (Title 18).
18.02.070 Establishment of zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (one dwelling unit per four acres);
2. R-1, residential zone (one dwelling unit per acre);
3. R-5, residential zone (five dwelling units per acre);
4. R-7, residential zone (seven dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO, residential office zone and RO-H, residential office-hospital zone;
10. C-N, neighborhood shopping zone;
11. C-1, light commercial zone;
12. C-2, central business zone;
13. C-3, heavy commercial zone;
14. M-1, light industrial zone;
15. M-2, heavy industrial zone;
16. BP, business park zone;
17. LF, airport landing field zone;
18. P-1, public use zone;
19. UNC, unclassified use zone;
20. I, institutional use zone;
21. EP, environmental park zone;
22. DUC, downtown urban center zone.
23. OS, open space zone.
Item 2. Proposed Open Space Zone Intent Statement - Chapter 18.35 SPECIAL PURPOSE ZONES
Within Auburn City Code Title 18 – Zoning (the Zoning Code) an intent statement is provided for each
zoning district. The purpose of an intent statement is described in Auburn City Code Section 18.02.070
“Establishment of zones”:
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“C. The intent statement for each zone set forth in this title shall be used to guide the application
of the zones to all lands in the city of Auburn. The intent statements shall guide interpretation
and application of land use regulations within the zones, and any change to the range of allowed
uses within each zone through amendment to this title.”
The intent statement for each zoning district must be consistent with the overall description of its
corresponding land use designation.
Exhibit 1. Open Space Comprehensive Plan Description and Open Space Zone Intent
Comprehensive Plan Open Space Description
as adopted in the 2015 Comprehensive Plan
Proposed Open Space Zone Intent Statement
This category shall be applied to areas which are
owned by a public entity and managed in a largely
undeveloped character. It includes parks,
watersheds, shoreline areas, significant wildlife
habitats, storm drainage ponds, utility corridors
with public access, and areas with significant
development restrictions.
The OS zone is intended to provide for land uses
that tend to be managed in a largely undeveloped
character, including passive parks, watersheds,
natural and urban conservancy shoreline areas,
significant wildlife habitats, large stormwater
detention ponds or floodplain ponds, utility
corridors with public access, and areas with
significant development restrictions. Park lands
included in the Open Space zone tends to be
predominately passive in character and with
relatively fewer developed facilities than parks
included in the Institutional zone. Private sites
containing significant critical areas or areas of
shorelines may be included.
Item 3. Proposed Open Space Zone Uses - Chapter 18.35 SPECIAL PURPOSE ZONES
Each zoning district features a table of allowed uses which establishes whether a specific use is allowed in
a zone and whether that use is allowed as a permitted, administrative, or conditional use. A table of
allowed uses also indicates which uses are prohibited. The range of allowed uses must be consistent with
the intent statement of that zoning district.
The allowed uses include those that are generally lower in intensity. All uses, including both allowed and
prohibited uses are excerpted and summarized below.
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Exhibit 2. Summary of Allowed and Prohibited Uses
Allowed Prohibited*
Permitted
• Municipal parks and playgrounds
• Campgrounds
• One detached single family dwelling
• Home occupations
• Home based day care
• Other uses determined consistent with intent of
zone and other uses permitted
• Animal shelter, public
• Recreational vehicle parks, private
• Cemetery, public
• Cemetery, private
• College, university, public
• Commercial recreation facility – Indoor
• Conference/convention facility
• Private school – specialized
education/training (for profit)
• Public schools (K-12) and related facilities
• Religious institutions, lot size less than
one acre
• Religious institutions, lot size more than
one acre
• Studio – Art, dance, martial arts, music,
etc.
• Duplex
• Live/work, work/live unit
• Multiple-family dwellings, stand-alone
• Nursing home, assisted living facility
• Senior housing
• Restaurant, cafe, coffee shop, excluding
drive-through facilities
• Banking and related financial institutions,
excluding drive-through facilities
• Medical services – Clinic or urgent care
• Mortuary, funeral home, crematorium
• Personal service shops
• Pharmacies
Administrative
• Library, museum
• Meeting facility, public or private
• Utility facilities, substations, utility transmission or
distribution line
• Daycare, including mini daycare, daycare
center, preschools or nursery schools
Conditional
• Government facilities
• Commercial recreation facility – Outdoor
Item 4. Proposed Development Standards - Chapter 18.35 SPECIAL PURPOSE ZONES
The aforementioned allowed uses are subject to zoning development standards. Zoning development
standards are specified for each zoning district, and commonly prescribe the required setbacks, height,
site coverage, building layout, and site design.
The proposed zoning development standards for the Open Space zone focus on limiting the intensity of
uses in terms of height, coverage, and impervious area given the intent of the zone for environmentally
sensitive or passive uses:
• Maximum structure height: 35 feet
• Setbacks:
o Front: 20 feet
o Side – Interior: 5 feet
o Side – Corner: 10 feet
o Rear: 25 feet
• Maximum lot coverage (e.g. by buildings): 5%
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• Maximum impervious area: 10% hard surface (e.g. roofs and pavement)
Item 5. Revised Excerpted Comprehensive Zoning Map
The map below depicts the current zoning classification of parcels designated “Open Space” by the
comprehensive plan map and that would be changed to the “OS, Open Space” zoning district by the
proposed action. An excerpt of the intent statement for each zone shown below is included in Attachment
E. By amending the Comprehensive Zoning Map, with the exception of three parcels currently zoned:
“DUC, Downtown Urban Center ”, the zoning of the parcels shown below, will be changed to “OS, Open
Space” to align with the Open Space land use designation. The proposed revised amendment to the
Comprehensive Zoning Map is included in Attachment B. Please note, that the Revised Excerpted
Comprehensive Zoning Map was included in the July 5, 2017 Supplemental Memo.
Note: As previously discussed with the Planning Commission, the City may change the land use
designation, and subsequently change the zone, of some parcels that are currently inappropriately
designated open space (e.g. cemeteries and some active and “monument” parks). Modifying the land use
designation of the aforementioned parcels would occur as part of the City’s annual amendment cycle,
which allows for amendments to the Comprehensive Plan Map, and is not further addressed here.
ATTACHMENTS:
A – Revised Excerpted Comprehensive Zoning Map
B – Revised Amendment to the Comprehensive Zoning Map
C – Draft Open Space Zone Code Language
D – Excerpt of Key Definitions from Auburn City Code
E – Excerpt of Zoning District Intent Statements from Auburn City Code
F – Parcel Information of Private Property Owned Parcels
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ATTACHMENT C – Draft Open Space Zone Code Language
Chapter 18.02
GENERAL PROVISIONS
Sections:
18.02.010 Short title.
18.02.020 Authority to adopt code.
18.02.030 Purpose.
18.02.040 Applicability.
18.02.050 Minimum requirements.
18.02.060 Rules for administrative interpretations.
18.02.065 Methods of calculating density.
18.02.070 Establishment of zones.
18.02.080 Zoning map.
18.02.090 Zone boundary interpretation.
18.02.100 Zoning for annexed land.
18.02.110 Zoning for property influenced by Auburn Municipal Airport.
18.02.120 Permitted land uses established.
18.02.130 Neighborhood review meeting.
18.02.070 Establishment of zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (one dwelling unit per four acres);
2. R-1, residential zone (one dwelling unit per acre);
3. R-5, residential zone (five dwelling units per acre);
4. R-7, residential zone (seven dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO, residential office zone and RO-H, residential office-hospital zone;
10. C-N, neighborhood shopping zone;
11. C-1, light commercial zone;
12. C-2, central business zone;
13. C-3, heavy commercial zone;
14. M-1, light industrial zone;
15. M-2, heavy industrial zone;
16. BP, business park zone;
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17. LF, airport landing field zone;
18.P-1, public use zone;
19.UNC, unclassified use zone;
20.I, institutional use zone;
21.EP, environmental park zone;
22.DUC, downtown urban center zone.
23. OS, open space zone.
B.The zones set out in subsection A of this section are established as the designations, locations, and
boundaries thereof as set forth and indicated on the zoning map.
C.The intent statement for each zone set forth in this title shall be used to guide the application of
the zones to all lands in the city of Auburn. The intent statements shall guide interpretation and
application of land use regulations within the zones, and any change to the range of allowed uses within
each zone through amendment to this title.
Chapter 18.35
SPECIAL PURPOSE ZONES
Sections:
18.35.010 Purpose.
18.35.020 Intent of special purpose zones.
18.35.030 Uses.
18.35.040 Development standards.
18.35.050 Additional development standards for both the RO and RO-H zones.
18.35.010 Purpose.
This chapter lists the land uses that may be allowed within the residential office, residential office-hospital,
public use, institutional, and open space zones established by ACC 18.02.070 (Establishment of zones),
determines the type of land use approval required for each use, and provides basic development
standards for site layout and building size.
18.35.020 Intent of special purpose zones.
A.General. This section describes the intent for each of the city’s special purpose zones. These intent
statements may be used to guide the interpretation of the regulations associated with each zone.
B.RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H is intended
primarily to accommodate small-scale business and professional offices, medical and dental clinics, and
banks and similar financial institutions at locations where they are compatible with residential uses. Some
retail and personal services may be permitted if supplemental to the other uses allowed in the zone.
This zone is intended for those areas that are in transition from residential to commercial uses along
arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards
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encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the
single-family residential character. The RO-H designation is to be used exclusively for the hospital area,
located in the vicinity of 2nd Street NE and Auburn Avenue, and is intended to be used for medical and
related uses and those uses compatible with the medical community.
C.P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and
development of public uses that serve the cultural, educational, recreational, and public service needs of
the community.
D.I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental,
theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is
further intended these areas be significant in scope which will allow a combination of uses which may not
be permitted outright within other zones. This district is not intended to include those smaller or
singular public uses which are consistent with and permitted in other zones.
E. OS Open Space Zone. The OS zone is intended to provide for land uses that tend to be managed in a
largely undeveloped character, including passive parks, watersheds, natural and urban conservancy
shoreline areas, significant wildlife habitats, large stormwater detention ponds or floodplain ponds, utility
corridors with public access, and areas with significant development restrictions. Park lands included in
the Open Space zone tends to be predominately passive in character and with relatively fewer developed
facilities than parks included in the Institutional zone. Private sites containing critical areas or shorelines
may be included.
18.35.030 Uses.
A.General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each special
purpose zone and the planning permit required to establish each use.
B.Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030 (“Standards
for Specific Land Uses”) includes a section number, the referenced section determines other
requirements and standards applicable to the use regardless of whether it is permitted outright or requires
an administrative or conditional use permit.
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses
RO RO-H P-1 I OS
PUBLIC
Animal shelter, public X X P X X
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Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses
RO RO-H P-1 I OS
Government facilities, this excludes
offices and related uses that are
permitted outright
A A P P C
Municipal parks and playgrounds P P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds and recreational vehicle
parks, private
X X X P P
Recreational vehicle parks, private X X X P X
Cemetery, public X X P A X
Cemetery, private X X X A X
College, university, public X X A A X
Commercial recreation facility – Indoor X X X P X
Commercial recreation facility –
Outdoor
X X X A C ACC 18.57.025(A)
Conference/convention facility X X X A X
Library, museum X X P P A
Meeting facility, public or private A A P P A
Private school – specialized
education/training (for profit)
P P X P X
Public schools (K-12) and related
facilities
X X P P X
Religious institutions, lot size less than
one acre
A P X P X
Religious institutions, lot size more than
one acre
C A X P X
Studio – Art, dance, martial arts, music,
etc.
P X X X X
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Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses
RO RO-H P-1 I OS
RESIDENTIAL
Duplex P (1) X X A X
Home occupation P P X P P Chapter 18.60 ACC
Live/work, work/live unit A P X A X
Multiple-family dwellings, stand-alone P (2) A (3) X A X
One detached single-family dwelling P X X X P (5)
Nursing home, assisted living facility A A X P X
Senior housing A A X A X
RETAIL
Restaurant, cafe, coffee shop,
excluding drive-through facilities
A A P A X
SERVICES
Banking and related financial
institutions, excluding drive-through
facilities (4)
P P X X X
Daycare, including mini
daycare, daycare
center, preschools or nursery schools
A P X P A
Home-based daycare P P X P P
Medical services – Clinic or urgent care
(4)
P P X X X
Mortuary, funeral home, crematorium X P X X X
Professional offices P P X A A
Personal service shops P P X X X
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Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designations Standards for
Specific Land Uses
RO RO-H P-1 I OS
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities, substations, utility
transmission or distribution line
X X X X A See
ACC 18.02.040(E)
OTHER USES THAT ARE NOT LISTED
Other uses may be permitted by the
planning director or designee if the use
is determined to be consistent with the
intent of the zone and is of the same
general character of the uses permitted.
P P P P P
Notes:
1.Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2.Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3.Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4.Permitted within a public college or university as an amenity or service provided to students. A stand-
alone bank or medical services/clinic is not permitted.
5. One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in
the open space zone.
18.35.040 Development standards.
Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected,
relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in
Table 18.35.040 (RO, RO-H, P-1, I, OS Zone Development Standards) and in compliance with the
provisions of this title, and then only after securing all permits and approvals required hereby. These
standards may be modified through either an administrative variance or variance, subject to the
procedures of Chapter 18.70 ACC.
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Table 18.35.040 RO, RO-H, P-1, I Zone Development Standards
Development Feature Requirement by Zones
RO
Residentia
l Office
RO-H
Residential
Office-Hospital
P-1
Public
Use
I
Institutional
OS Open
Space
Minimum lot area 7,200 sf None None 6,000 sf None
Minimum lot width, depth 50 ft, 80 ft None None 60 ft, 80 ft None
Maximum lot coverage 55 percent
(1)
None None 35 percent 5 percent
Maximum impervious area NA NA NA NA 10 percent (7)
Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for
exceptions to these requirements.
Front 20 ft (2) 10 ft 20 ft 20 ft 20 ft
Side – Interior 5 ft None 5 ft (4) 5 ft 5 ft
Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft
Rear 25 ft (3) None 25 ft 25 ft 25 ft
Accessory structure(s) See note
(5) below
NA NA See note (5)
below
Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height
limitations – Exceptions) for height limit exceptions.
Maximum height 35 ft 65 ft 45 ft 45 ft (6) 35 ft
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming structures, land
and uses
See Chapter 18.54 ACC
Notes:
1. New single-family residential or conversions of single-family residences to commercial uses with
additions greater than a total or cumulative area of 200 square feet on the property since the adoption
of Ordinance No. 6231, then the maximum lot coverage is 35 percent.
2. New single-family residential or conversions of single-family residences to commercial uses with
additions of 200 square feet or less, then the front yard setback is 10 feet.
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3. New single-family residential or conversions of single-family residences to commercial uses with
additions of 200 square feet or less, then the rear yard setback is 15 feet.
4. A 25-foot setback is required when adjacent to a residential zone.
5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear
yard setback may be reduced to five feet; provided, that any structure with a vehicle entrance from a
street (public or private) or public alley shall be set back a minimum of 20 feet.
6. Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings:
16 feet.
7. Maximum impervious area includes all hard surfaces per Auburn City Code 13.48.010(J).
18.35.050 Additional development standards for both the RO and RO-H zones.
A. All uses shall be conducted entirely within an enclosed structure, except noncommercial municipal
automobile parking facilities in the RO-H zone.
B. There shall be no outside storage of materials allowed.
C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties.
D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage
facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site
hazardous waste treatment and storage facilities shall be subject to the state siting criteria
(Chapter 70.105 RCW).
E. Any new construction, including additions and alterations, within the RO district shall utilize similar bulk,
scale, and architectural and landscape elements of the existing site structure or those of the
neighborhood in which the property is located. A site plan and building elevation plans shall be prepared
by the applicant which address compliance with the requirements as outlined in this subsection. The
plans shall be approved by the planning director or designee prior to the issuance of any building permits.
The planning director and the public works director or designees may deviate from the development
standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and one-
half feet, to address unusual circumstances for conversions of single-family residential uses to
nonresidential uses.
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ATTACHM ENT D – Excerpt of Key Definitions from Auburn City Code
18.04.025 Administrative use.
“Administrative use” means a use permitted in a zone only after review and approval by the planning director
or designee. Administrative uses are those which typically have some potential for impacts to neighboring
properties, but which may be permitted within a zone following review by the city to establish conditions
mitigating impacts of the use and to assure compatibility with other uses in the zone.
18.04.200 Building height.
“Height of building” means the vertical distance measured from the finished grade to the highest point of
the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge
for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be
measured from the finished grade to the highest portion of the structure. See Figure 18.04.200. (Ord. 6245
§ 3, 2009; Ord. 4229 § 2, 1987.)
18.04.260 Conditional use.
“Conditional use” means a use permitted in a zone only after review and approval by the hearing examiner.
Conditional uses are such that they may be compatible only on certain conditions in specific locations in a
zone, or if the site is regulated in a certain manner in order to achieve the purposes of this title.
18.04.310 Development standards.
“Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage,
signs, building layout, site design and related features of land use.
18.04.550 Lot coverage.
“Lot coverage” means that percentage of the plot or lot area covered by all buildings including
accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the
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outermost edge of eaves, cornices, overhangs, or areas covered by a weather-tight roof. The first two feet
of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550.
18.04.696 Permitted use.
“Permitted use” means a land use that is allowed outright within a zone.
18.04.752 Prohibited use.
“Prohibited use” means any use which is not specifically enumerated or interpreted by the city as allowable
in that zone. Any use not specifically listed as a permitted, administrative, conditional, or accessory use is
prohibited, except those determined to be unclassified and permitted by the planning director pursuant to
ACC 18.02.120(C)(6). Any prohibited use is illegal.
18.04.497 Impervious surface.
“Impervious surface” means a hard surface area which either prevents or retards the entry of water into the
soil mantle as under natural conditions prior to development. A hard surface which causes water to run off
the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions
prior to development.
18.04.810 Setback.
“Setback” means the distance between a lot line and the corresponding parallel setback line.
13.48.010(J) Hard surface.
“Hard Surface” means an impervious surface, a permeable pavement, or a vegetated roof.
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ATTACHM ENT E – Excerpt of Zoning District Intent Statements from Auburn City Code
C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses
consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This
zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the
commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities,
display, fabrication or service features when not the predominant portion of the use. The uses enumerated
in this classification have potential for impacts to surrounding properties and street systems than those
uses permitted in the more restrictive commercial classifications.
DUC Downtown Urban Center District. The downtown urban center zone is intended to create a distinct
and strong identity for downtown Auburn by establishing land use and design standards for review of
development proposals within the core area of the city of Auburn’s designated urban center, in order to
implement the city of Auburn downtown plan and the goals, policies and objectives of the Auburn
comprehensive plan. This zone is intended to produce a concentration and mixture of commercial, office,
medical, retail, residential and civic uses within the downtown area; to encourage private and public
investment, attract shoppers and visitors, and appeal to existing and new residents; to provide a
development pattern that supports pedestrian movement, bicycles and use of public transit; and to provide
opportunities to increase the city’s tax base, thereby helping to fund public improvements and public
services.
EP, Environmental Park Zone. The environmental park district is intended to allow uses in proximity to
the Auburn Environmental Park that benefit from that location and will complement the park and its
environmental focus. Uses allowed in this zone will focus upon medical, biotech and “green” technologies
including energy conservation, engineering, water quality and similar uses. Other uses complementary to
and supporting these uses are also allowed. Incorporation of sustainable design and green building
practices will be a primary aspect of this zone. The construction of leadership in energy and environmental
design (LEED) and built green certified buildings is encouraged and built green will be required for multiple-
family dwellings. The city recognizes that much of the property in this zone was developed under earlier
standards, so the goals of the district will be realized over a period of time as properties are redeveloped.
I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental,
theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is
further intended these areas be significant in scope which will allow a combination of uses which may not
be permitted outright within other zones. This district is not intended to include those smaller or singular
public uses which are consistent with and permitted in other zones.
M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial,
commercial, and limited residential uses in an industrial park environment, to preserve land primarily for
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light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to
provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of
air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone
is intended to address the way in which industrial and commercial uses are carried out rather than the
actual types of products made.
The character of this zone will limit the type of primary activities which may be conducted outside of
enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or
involve hazardous materials are considered heavy industrial uses under this title and are not appropriate
for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that
attracts rather than discourages further investment in light industrial and commercial development.
Consequently, site activities which could distract from the visual quality of development of those areas,
such as outdoor storage, should be strictly regulated within this zone.
M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of manufacturing
and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the
manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses
should not be located near residential development.
PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The purpose of a planned unit development (PUD)
district is to offer enhanced flexibility to develop a site through innovative and alternative development
standards. A PUD district also allows for a greater range of residential development scenarios, provides for
internal transfers of density, and may result in more dwelling units than may be realized by using the existing
development standards. In exchange for this enhanced flexibility, the city will require the PUD to result in a
significantly higher quality development, generate more public benefit and be a more sensitive proposal
than would have been the case with the use of standard zoning or subdivision procedures.
PLANNED UNIT DEVELOPMENT DISTRICT (PUD) – Lakeland Hills South. The comprehensive plan
provides the Lakeland Hills South special area plan is intended to be consistent with the conditions of
approval of the Lakeland Hills South PDD (Pierce County Hearings Examiner Case No. Z15-90/UP9-70)
as amended. The conditions of approval which remain applicable are attached to Ordinance No. 5092 as
Exhibit A and incorporated herein by reference. Auburn has accepted the Lakeland Hills South PUD as an
approved PUD. Therefore, this purpose section shall apply to minor and major amendments to the Lakeland
Hills South PUD.
P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and development
of public uses that serve the cultural, educational, recreational, and public service needs of the community.
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RC Residential Conservancy Zone – One Dwelling Unit per Four Acres. The RC residential
conservancy zone is intended primarily to provide for low-intensity single-family residential uses with
characteristics of an agricultural environment; provided, that the agricultural uses are secondary to the
single-family uses. These areas allow for a lifestyle similar to that of rural areas that includes allowance of
farm animals and streets without sidewalks. This zone is intended to protect areas with significant
environmental constraints or values from impacts typically associated with urban levels of development
while allowing low-intensity development designed to minimize impacts on the natural environmental
features designated for conservation.
Public improvements required within the RC zone will be less than is normally required for the higher
intensity residential zones within the city.
This zone shall only be applied in areas designated as residential conservancy on the comprehensive plan.
This zone shall allow one dwelling unit per four acres minimum lot area.
R-MHC Manufactured/Mobile Home Community Zone. The intent of the R-MHC manufactured/mobile
home community zone is to provide a residential zone of single-family manufactured homes exclusively
within a planned community. It is further intended that the R-MHC zone shall only be prescribed in those
areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger
development incorporating other housing types in a manner which limits further expansion into adjacent
areas.
R-5 Residential Zone – Five Dwelling Units per Acre. The R-5 single-family residential zones are
intended to create a living environment of optimum standards for single-family dwellings. It is further
intended to achieve development densities of four to five dwelling units per net acre. This zone will provide
for the development of single-family detached dwellings and for such accessory uses as are related,
incidental and not detrimental to the single-family residential environment.
R-7 Residential Zone – Seven Dwelling Units per Acre. The R-7 single-family residential zones are
intended to create a living environment of optimum standards for single-family dwellings. It is further
intended to achieve development densities of five to seven dwelling units per net acre. This zone will provide
for the development of single-family detached dwellings and for such accessory uses as are related,
incidental and not detrimental to the residential environment.
UNC Unclassified Use District. The purpose and objective of the UNC classification is to regulate the use
of land in generally undeveloped areas or in areas not otherwise zoned following annexation thereof to the
city so as to prevent the uncontrolled intrusion of business, industrial and similar uses which would be in
conflict or incompatible with existing or planned future land uses established by the comprehensive plan.
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Those areas previously annexed to the city for which no city zoning classification has been fixed or
determined by ordinance are zoned UNC, unclassified use district. Unclassified zoned property shall
assume the R-1 standards for permitted uses and development standards.
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ATTACHM ENT F – Parcel Information of Private Property Owned Parcels
Charts depicting parcel information of the parcels designated Open Space were presented to the Planning
Commission during the April 4, 2017 and July 5, 2017 Planning Commission meetings. The charts highlight
particular properties in tribal, utility, and private ownership. Based on a closer review of parcels through the
preparation of property notices for the hearing, staff compared the charts and noticing efforts and have
provided the charts that reflect these efforts. All of the charts below were previously shown during the April
4, 2017 Planning Commission meeting.
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MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Jeff Tate, Assistant Director of Community Development
DATE: July 28, 2017
RE: Changing the Environmental Park Zone to the M-1 Zone
Summary
On August 7, 2006 City Council approved Ordinance No. 6036 which created the Environmental
Park (EP) Zone. Despite its name, the EP Zone is grouped in with the other commercial and
industrial zones that are identified in Chapter 18.23 of the Auburn City Code. As stated in
Ordinance No. 6036 the intent of the EP zone is as follows:
The Environmental Park District is intended to allow uses in proximity to the Auburn
Environmental Park that benefit from that location and will complement the Park and its
environmental focus. Uses allowed in this zone will focus upon medical, biotech and “green”
technologies including energy conversation, engineering, water quality and similar uses.
Other uses complementary to and supporting these uses are also allowed. Incorporation of
sustainable design and green building practices will be a primary aspect of this zone. The
construction of Leadership in Energy and Environmental Design (LEED) and Built Green
certified buildings is encouraged and Built Green will be required for multiple family
dwellings. The City recognizes that much of the property in this zone was developed under
earlier standards, so the goals of the district will be realized over a period of time as
properties are redeveloped.
The EP Zone is located west of the BNSF rail lines and spans across Main Street (See
Attachment A for map). The EP Zone consists of a mix of pre-existing industrial properties as
well as several large city owned properties that include the Auburn Environmental Park and
wetland properties that are a component of the City wide stormwater management system.
Attachment B depicts those areas within the EP Zone that are owned by the city.
Since the inception of the EP Zone in 2006 there has been very little private sector investment
into the privately owned properties within this commercial designation. On March 7, 2014 a
realtor and several owners of EP Zoned land presented information to the City Council’s
Planning and Community Development Committee that documented the challenges that they
faced with utilizing, developing, and marketing EP Zoned property. They also provided
information that showed robust investment activity within the M-1 Zone with very little activity in
the EP Zone. The M-1 Zone is a light industrial zone that is present throughout the Highway
167/West Valley Highway/B Street NW corridors. Much of the consternation with the EP Zone
pertains to: (1) a 15% site limit on outdoor storage (M-1 allows up to 50% of a site to be used for
outdoor storage), (2) a prohibition on barbed wire (M-1 allows barbed wire which is an important
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security features for industrial uses), (3) a maximum lot coverage of 35% (M-1 does not have a
limit); and, (4) a long list of prohibited uses (uses that are otherwise permitted in M-1).
The information that was provided by the landowners and realtor compelled staff to consider the
appropriateness of eliminating the EP Zone from the City’s Comprehensive Plan and
Comprehensive Plan Land Use Map. When staff prepared the 2015 Comprehensive Plan
update the EP Zone was removed from the list of implementing zoning designations under the
“Industrial Land Use Designations”. Attachment C provides the Comprehensive Plan language
related to Industrial Land Use Designations. Note that this section of the Comprehensive Plan
only identifies Light Industrial and Heavy Industrial zoning designations and that the
Environmental Park designation is no longer included. The 2015 Comprehensive Plan was
approved by the Planning Commission and adopted by City Council under Ordinance No. 6584
on December 14, 2015.
Attachment D is the Comprehensive Plan map that was adopted as part of Ordinance No. 6584.
Those portions of the EP Zone that are owned by the City and consist of park and wetlands are
designated as Open Space (depicted in green). The remaining portions of the EP Zone are
designated as Light Industrial (depicted in light blue). Staff is seeking an amendment to the
City’s Zoning Map to change the portion of the EP Zone that is depicted as Light Manufacturing
to M-1. This zoning map amendment accomplishes the following:
1. Because the EP Zone is no longer listed in the Comprehensive Plan as an implementing
zoning designation, a change to M-1 will eliminate the existing inconsistency.
2. Changing the zoning map will expand the viability to utilize, develop, and market the
affected properties.
Attachment E provides an aerial image with the proposed area wide rezone highlighted in light
blue.
Prior to Planning Commission conducting a public hearing on this matter, staff will provide direct
outreach to all property owners that are affected. Outreach will be in the form of direct mail as
well as emailing parties that have expressed an interest in this matter in the past.
Questions
1. Are there any questions that the Planning Commission has about the above narrative
and/or the maps that have been provided?
2. Is there additional background information that the Planning Commission would like staff
to provide prior to scheduling a public hearing?
Page 35 of 53
2,449.0
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Notes
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1,224.50
1:14,694
EP Zoning Designation
1 in =1,224.5 ft
7/13/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general
reference purposes only and does not
necessarily represent exact geographic
or cartographic data as mapped. The
City of Auburn makes no warranty as to
its accuracy.
Scale
Parcels
Zoning
C1 Light Commercial District
C2 Central Business District
C3 Heavy Commercial District
C4 Mixed Use Commercial
CN Neighborhood Shopping District
DUC Downtown Urban Center
EP Environmental Park District
I Institutional Use District
Lakeland Hills South PUD
LF Airport Landing Field District
M1 Light Industrial District
M2 Heavy Industrial District
P1 Public Use District
PUD Planned Unit Development
R1 Residential 1 DU/Acre
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
R10 Residential 10 DU/Acre
R20 Residential 20 DU/Acre
Residential Conservency
RMHC Residential Manufactured/Mobile Home Units
RO Residential Office District
RO-H Residential Office District (Hospital)
TV Terrace View
UNC Unclassified Use District
Attachment A
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1,224.50
1:14,694
City Owned Properties within the EP Zone
1 in =1,224.5 ft
7/13/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general
reference purposes only and does not
necessarily represent exact geographic
or cartographic data as mapped. The
City of Auburn makes no warranty as to
its accuracy.
Scale
Parcels
Zoning
C1 Light Commercial District
C2 Central Business District
C3 Heavy Commercial District
C4 Mixed Use Commercial
CN Neighborhood Shopping District
DUC Downtown Urban Center
EP Environmental Park District
I Institutional Use District
Lakeland Hills South PUD
LF Airport Landing Field District
M1 Light Industrial District
M2 Heavy Industrial District
P1 Public Use District
PUD Planned Unit Development
R1 Residential 1 DU/Acre
R5 Residential 5 DU/Acre
R7 Residential 7 DU/Acre
R10 Residential 10 DU/Acre
R20 Residential 20 DU/Acre
Residential Conservency
RMHC Residential Manufactured/Mobile Home Units
RO Residential Office District
RO-H Residential Office District (Hospital)
TV Terrace View
UNC Unclassified Use District
Attachment B
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City of Auburn | Land Use Element P a g e | 17
variety of appropriate commercial uses in this designation benefit from the location, access,
physical configuration, and building types of these properties. It is distinguished from heavier
industrial uses by means of performance criteria. All significant activities shall take place inside
buildings, and the processing or storage of hazardous materials shall be strictly controlled and
permitted only as an incidental part of another use.
Designation Criteria
1. Previously developed light industrial areas; or
2. Located along high visibility corridors;
3. Provides buffering for heavy industrial areas or is buffered from the Single Family designation
by landscaping, environmental features, or the Residential Transition designation and
buffered from all other Residential designations; and
4. Meets the development parameters of the Light Industrial designation.
Implementing Zoning Designations
Light Industrial
Policies
Policy LU-76. A wide range of industrial uses may be permitted, subject to performance
standards. Heavy commercial uses that serve the needs of workers in light
industries are also appropriate. These uses include indoor manufacturing,
processing, and assembling of materials from previously prepared or raw
materials and ancillary and necessary warehousing and distribution of finished
goods associated with manufacturing and industrial uses.
Policy LU-77. Parking lots must be located and designed in a manner that softens their
appearance from adjacent public roads. This is accomplished through
landscaping, pedestrian spaces, and the location of buildings on the pr operty.
Where practicable, low impact development techniques and landscaping should
be used to promote on site stormwater infiltration and shading of hard surfaces.
Minimum and maximum parking ratios must be established for each type of
permitted use.
Policy LU-78. Landscaping, sidewalks, and bike paths will be integral parts of site design i f a
development is located on an impression corridor or located within or adjacent to
an identified non-motorized corridor.
Policy LU-79. Outside storage shall be permitted subject to performanc e criteria addressing its
quantity and location. This is to ensure compatibility with adjacent uses, so that
such storage would not detract from the potential use of the area for light
industry. In all cases, such storage shall be extensively screened.
Policy LU-80. Where a light industrial use is located adjacent to a property with a less intense
zoning designation, the light industrial use bears the burden of incorporating
techniques that mitigate the visual, noise, dust, and odor impacts.
Policy LU-81. Uses involving substantial storage or processing of hazardous materials, as well
as substantial emissions, should not be permitted in these areas.
Page 38 of 53
City of Auburn | Land Use Element P a g e | 18
Policy LU-82. A wide range of commercial activities may be allowed to provide increased
opportunities for sales tax revenue .
Policy LU-83. The Burlington Northern Santa Fe (BNSF) Railroad Auburn Yard located within
the Railroad Special Plan Area is considered a compatible use at its current level
of usage. It is not bound by the policies concerning outside storage under the
existing light industrial designation as it was an existing use prior to the
development of this policy. Should BNSF decide to reactivate its applications to
upgrade the yard to an intermodal facility, the proposal will be subject to the
essential public facility siting process as defined in the Capital Facilities Element.
Policy LU-84. Upzone requests to the next zone should be approved based on the innovations
in transportation and stormwater management and public amenities proposed for
the development associated with the request.
Heavy Industrial
Description - This designation allows the full range of industrial uses, as well as certain heavy
commercial uses that serve the needs of workers in light industries are also appropriate.
Designation Criteria
1. Previously developed heavy industrial areas; or
2. Not located along high visibility corridors;
3. Is buffered by the Light Industrial Designation or otherwise buffered from all other compatible
designations; and
4. Meets the development parameters of the Heavy Industrial designation.
Implementing Zoning Designations
Heavy Industrial
Policies
Policy LU-85. While this zone should be reserved primarily for the heavier forms of industrial
activities, a wide range of industrial activities may be permitted. These heavier
forms of industrial activities may include outdoor or semi-enclosed
manufacturing, processing, or assembling activities, significant outdoor storage,
and uses involving substantial storage or processing of hazardous materials.
Heavy commercial uses that serve the needs of workers in heavy industries are
also appropriate.
Policy LU-86. Parking lots must be located and designed in a manner that softens their
appearance from adjacent public roads. This is accomplished through
landscaping, pedestrian spaces, and the location of buildings on the property.
Where practicable, low impact development techniques and landscaping should
be used to promote on site stormwater infiltration and shading of hard surfaces.
Minimum and maximum parking ratios must be established for each type of
Page 39 of 53
City of Auburn | Land Use Element P a g e | 19
permitted use.
Policy LU-87. Landscaping, sidewalks, and bike paths will be integral parts of site design i f a
development is located on an impression corridor or located within or adjacent to
an identified non-motorized corridor.
Policy LU-88. Where a heavy industrial use is located adjacent to a property with a less intense
zoning designation, the heavy industrial use bears the burden of incorporating
techniques that mitigate the visual, noise, dust, and odor impacts.
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Legend
1,224.50
1:14,694
2015 Comprehensive Plan Land Use Map
1 in =1,224.5 ft
7/13/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general
reference purposes only and does not
necessarily represent exact geographic
or cartographic data as mapped. The
City of Auburn makes no warranty as to
its accuracy.
Scale
Parcels
Land Use
Downtown Urban Center
Heavy Commercial
Heavy Industrial
Institutional
Light Commercial
Light Industrial
Multi-Family
Neighborhood Commercial
Neighborhood Commercial Overlay
Open Space
Residential Conservancy
Residential Transition
Residential Transition Overlay
Single Family
Attachment D
Page 41 of 53
1,280.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,280.7
Notes
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Legend
640.30
1:7,684
Area Rezoned from EP Zone to M-1 Zone
1 in =640.3 ft
7/13/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general
reference purposes only and does not
necessarily represent exact geographic
or cartographic data as mapped. The
City of Auburn makes no warranty as to
its accuracy.
Scale
Parcels
Attachment E
Page 42 of 53
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Jeff Tate, Assistant Director of Community Development
DATE: July 31, 2017
RE: Calculating Residential Densities
Summary Statement
Community Development and Public Works is seeking to pursue amendments to the Auburn
City Code to help simplify the layout standards for new residential subdivisions. The proposed
amendments will work to improve the methodology that the City Code utilizes when calculating
the potential number of new lots in the residential subdivision.
Background and Overview of Existing City Code
Auburn City Code establishes several different residential zoning designations. Each
designation is defined, in part, by its allowed density range (establishing both a minimum
density and maximum density within each zone). The residential designations and their
corresponding density is displayed in the following table.
Table 1
Zone RC R-1 R-5 R-7 R-10 R-16 R-20
Minimum
Density
.25
(1 house
per 4
acres)
1
(1 house
per acre)
4
(4 houses
per acre)
5
(5 houses
per acre)
8
(8 houses
per acre)
12
(12
houses
per acre)
15
(15
houses
per acre)
Maximum
Density
.25
(1 house
per 4
acres)
1
(1 house
per acre)
5
(5 houses
per acre)
7
(7 houses
per acre)
10
(10
houses
per acre)
16
(16
houses
per acre)
20
(20
houses
per acre)
The above standards generally only have application when considering a subdivision proposal.
In other words, there usually isn’t a need to apply the above density standards to existing
conditions, developments, or uses.
In addition to the minimum and maximum densities within each zone, there are a number of
other standards that apply when subdividing land. If a subdivision of land is proposed, not only
does the subdivision have to fall within the range of required densities of the underlying zoning
designation, each resulting lot must also meet a minimum lot size, minimum lot width, minimum
setback requirements, and an overall minimum average lot size across the entire subdivision.
Those additional standards are added to the table below.
Page 43 of 53
Table 2
Zone RC R-1 R-5 R-7 R-10 R-16 R-20
Minimum
Density
.25
(1 house
per 4
acres)
1
(1 house
per acre)
4
(4 houses
per acre)
5
(5 houses
per acre)
8
(8 houses
per acre)
12
(12
houses
per acre)
15
(15
houses
per acre)
Maximum
Density
.25
(1 house
per 4
acres)
1
(1 house
per acre)
5
(5 houses
per acre)
7
(7 houses
per acre)
10
(10
houses
per acre)
16
(16
houses
per acre)
20
(20
houses
per acre)
Minimum
Lot Size
174,240
sq. ft.
35,000
sq. ft.
6,000
sq. ft.
4,300
sq. ft.
2,000
sq. ft.
2,000
sq. ft.
2,000
sq. ft.
Minimum
Avg. Lot
Size
174,240
sq. ft.
35,000
sq. ft.
8,000
sq. ft.
6,000
sq. ft.
4,300
sq. ft.
2,700
sq. ft.
2,175
sq. ft.
Minimum
Lot Width
125 ft. 125 ft. 50 ft. 40 ft. 20-35 ft. 20-35 ft. 20-35 ft.
All of the above standards must be achieved when designing the layout of a subdivision.
Additionally, the above standards apply only after identifying the area of a property that is
eligible to be subdivided. In other words, the above standards are not applied to the gross size
of a parcel; instead, they are applied to what the City Code refers to as “Net Site Area” which
requires that specific features of a property first be subtracted before determining lot potential.
Auburn City Code 18.02.065 defines the methodology for determining Net Site Area; this section
of code is provided below. If you find the language confusing, please continue reading past this
section to read a summary of the intent of this language, an overview of the challenges
experienced when applying this code, and suggestions for simplifying and clarifying the
methodology. During staff’s presentation, visual examples will be provided that help illustrate
density calculations using both the existing city code language as well as the proposed
language. The current methodology is provided as follows:
ACC 18.02.065
The permitted number of dwelling units or lots shall be determined as follows:
A. Net Site Area. The area of a site used to calculate the allowed number of dwelling
units or lots shall exclude those areas designated for public rights-of-way, except for the
designation of additional right-of-way along arterials, private streets, vehicle access easements,
and on-site public or homeowners’ association-maintained recreation space if required.
Further, the net site area shall be subject to the following adjustments and limitations for critical
areas:
1. Net site areas shall exclude streams, wetlands, fish and wildlife habitat areas, and high
landslide hazards; and
2. Net site area shall include any required critical area buffer, seismic hazards, and flood
hazard areas when calculating base density, unless critical areas identified in subsection
(A)(1) of this section are present; provided, that net site area shall not include required
critical area buffers when calculating minimum density. The allowed number of dwelling
units or lots for a site shall be computed by multiplying the net site area of the lot as
calculated in this section by the applicable residential base density number found in
the development standards for each zone.
B. “Base density” refers to the maximum number of dwelling units or lots allowed for a
specific zone without application of the bonus density provisions of Chapter 18.25 or 18.49 ACC,
Page 44 of 53
expressed as units per net acre. Base densities for residential zones are specified in
ACC 18.07.030.
C. “Base units” refers to the number of allowable dwelling units for a site, as determined by
multiplying the base density of the zone in which the site is located by the net site area.
For example, the R-5 zone has a base density of five units per acre; therefore, the maximum
number of base units allowed on a lot with 0.6 acres of net site area in the R-5 zone is three
units.
D. Bonus density, where applicable, shall be computed by adding the bonus units authorized by
Chapter 18.25 or 18.49 ACC to the base units computed under this section.
E. When calculations result in a fraction, the fraction shall be rounded to the nearest whole
number as follows:
1. Fractions of 0.50 or above shall be rounded up; and
2. Fractions below 0.50 shall be rounded down.
Overview of Challenges and Suggestions
Lot Size Standards
In Table 2 there is a row that is titled “Minimum Average Lot Size”. After 9 years of this
standard existing in City Code, and dozens of completed subdivisions, it is unclear what this
standard accomplishes. While staff believes that it is appropriate to require that each individual
lot meet a minimum square footage, there does not appear to be a value in designing
subdivisions to also achieve an overall minimum average lot size. Using the R-5 zone as an
example, the current code requires that each lot must be at least 6,000 square feet in size and
that the overall subdivision should have an average lot size of at least 8,000 square feet. This
means that if there is one 6,000 square foot lot there must also be one 10,000 square foot lot in
order to meet the requirement for an average lot size of 8,000 square feet. Staff does not see
how this requirement adds value to the subdivision.
Additionally, because the overall density is still limited to 5 dwelling units per acre, the limitation
on the number of lots is achieved irrespective of lot size. To help make these numbers a little
more tangible, here are some figures to consider:
• There are 43,560 square feet in one acre.
• In the R-5 zone there is a limit of 5 dwelling units per acre.
• 43,560 square feet divided by 5 dwelling units = 8,712 square feet per lot. This means
that a minimum average lot size is already achieved simply by having a maximum
density.
• Allowing each lot to be as small as 6,000 square feet gives the developer greater
flexibility when working around topography, wetlands, storm ponds, etc. While 5 lots that
are each 6,000 square feet only adds up to 30,000 total square feet (and thus, only a
little over 2/3 of an acre) the developer is also designing around other physical features
on the property that are not developable, is required to provide storm water facilities, and
must construct roads and sidewalks.
• By virtue of the city code allowing a minimum lot size of 6,000 square feet the city has
already determined that it is an adequate size for a lot within the R-5 zone. If it is
adequate for 1 lot why should it not be adequate for all lots?
• The minimum lot width and setbacks within each zone also control subdivision design
and preclude undesirable lot configurations. In the R-5 zone each lot must be at least 50
Page 45 of 53
feet in width and meet 5-foot side yard setbacks, 20-foot front yard sebacks, and 20-foot
rear setbacks. These standards continue to ensure that houses meet minimum
separations from each other.
Staff believes that the minimum average lot size requirement should be removed from each
residential zoning designation.
Calculating Density
Most readers of the code language sited in the previous section find it confusing. This leads to
numerous questions about how to determine Net Site Area and the resulting allowed density.
Equally, it has resulted in inconsistent application of its requirements by staff.
The essence of ACC 18.02.065 is that areas of land must be removed from a property before
determining the potential number of lots that can be created through a subdivision. A developer
starts with the gross site (e.g. 5 acres), must remove specific features from the gross site (e.g.
let’s just say that adds up to 1 acre), and the density potential is calculated on the area that is
left over (e.g. in this case, that leaves 4 acres). If the property is zoned R-5 (5 dwelling units per
acre) it means that the developer can achieve 20 lots (4 acres x 5 dwelling units per acre).
Staff believes that there are two general considerations that should be given for revising ACC
18.02.065:
(1) Restructure the language so that it is easier to understand, and
(2) Revisiting the appropriateness of determining lot potential utilizing net site area or gross
site area.
The greatest need for restructuring the language is in ACC 18.02.065.A. The entirety of this
section is made confusing because the features that are intended to be included and/or
excluded are described in narrative format rather than a simple list. The narrative format utilizes
commas and includes exceptions that can be interpreted in multiple ways. Staff proposes to
restructure this language so that it includes a section of features that should be deducted from
the gross site area and features that should not be deducted (and therefore remain as part of
the net site area). The attached draft code language attempts to better organize the
methodology.
Staff is also recommending that the Net Site Area methodology be replaced with a Gross Site
Area methodology. Because each zone includes a requirement that a subdivision comply with
both the minimum density and the maximum density and because there is a minimum lot size
and width, staff believes that calculating density using Gross Site Area will achieve the
following:
• Simplicity – it is far easier for the applicant and city staff to understand the subdivision
potential when using Gross Site Area. The Gross Site Area is a number that is a known
quantity at the outset whereas Net Site Area is not fully understood until well into the
design process.
• Predictability – Feasibility analysis, property transactions, and pre-application meetings
will all be based upon the same understanding of the lot potential. Also, because many
permit, utility connections and impact fees are based on the number of lots created, it
will be easier to understand these types of upfront costs.
Page 46 of 53
• Flexibility – The applicant and city can exercise greater creativity in designing lot and
road layouts when working around wetlands, steep slopes, storm water ponds, and other
constraints that exist on a property.
• Greater Infill Potential – A fundamental goal of the Growth Management Act is to
encourage growth within cities in order to reduce the pressure of sprawl in the
surrounding farm, forest and open space lands. Over the last decade, without a single
exception, utilizing Net Site Area to calculate density has reduced lot potential by an
average of 1 lot for every 1 acre of land that is being subdivided (e.g. applicants have
achieved 4 dwelling units per acre instead of 5 dwelling units per acre).
Allowance to Deviate from Minimum Density
Minimum density is a necessary standard when considering methods for achieving infill
objectives. In fact, cities are obligated under several court decisions related to the Growth
Management Act to achieve an overall citywide density of at least 4 dwelling units per acre.
While this standard is generally easy to comply with for larger subdivisions, it has become a
barrier for smaller land divisions and/or divisions of lands that are heavily encumbered with
critical areas. Staff suggests that two principles be included within the draft language that
create flexibility related to how minimum density standards are applied.
First, proposed code section ACC 18.02.065.B would allow short plats to have full relief from the
minimum density standard. Short plats are subdivisions of 9 lots or less. In the R-5 zone this
would apply where an applicant is attempting to further subdivide a parcel that is under 2 acres
in size. Over the last 10 years, staff has informed dozens of property owners who are interested
in dividing their land that they must meet a minimum density requirement. They expect that they
can’t exceed the upper range of their zoning density but are surprised that they must also meet
a minimum density. The reason that the minimum density becomes problematic is because
smaller parcels tend to have atypical lot configurations, an existing residence that the owner
would like to retain, or have utility or driveway configurations that reduce the owner’s ability to
create more lots.
A typical example is a .60 acre parcel where the owner would like to divide the land in half,
intends to remain living in an existing home already on the property, and would like for the newly
created vacant parcel to be marketable for construction of an additional home. Unfortunately,
when the owner inquires with the City, staff must inform them that they must divided their land
into at least 3 parcels in order to meet the minimum density requirement. A .60 acre parcel
divided in half results in two .30 acre parcels. In the R-5 zone this type of land division fails to
meet the minimum density requirement because .30 acre lots are nearly a third of an acre in
size and must instead be 1/5th of an acre. Time after time, the City has turned away potential
short plat customers because it is not possible to meet the minimum density. Proposed ACC
18.02.065.B is intended to overcome this by granting full relief. While minimum density is a
necessary tenant of the Growth Management Act, so too is incentivizing infill. The current
standards generally preclude infill on smaller lots.
Second, proposed code section ACC 18.02.065.A.5 allows similar relief for traditional
subdivisions (divisions of land into more than 9 lots) when a property is heavily encumbered
with critical areas. Relief of the minimum density standard can be granted through the land
division process where the applicant is able to demonstrate that the critical are footprint is
encumbering the land to such an extent that it is impossible to meet the minimum density. For
example, a 10 acre lot that has 9 acres of wetland only leaves 1 acre that may be developed. If
the zoning is R-5 and the minimum density is 4 dwelling units per acre, it is impossible to place
Page 47 of 53
the requisite 40 dwelling units on the remaining 1 acre and still meet the minimum lot size of
6,000 square feet (6,000 square feet x 40 dwelling units = 240,000 square feet; 240,000 square
feet / 43,560 square feet = 5.51 acres). In this type of scenario, staff believes that relief should
be granted from the minimum density while requiring that each lot meet the minimum lot size.
Conclusions
Staff has prepared a preliminary series of draft code amendments that are intended to
accomplish the following:
(1) Modify ACC 18.07.030.C to eliminate the requirement that the developer achieve an
overall minimum average lot size across the entire subdivision.
(2) Modify ACC 18.02.065.A to reorganize the code so that it is easier to understand how to
calculate density.
(3) Modify ACC 18.02.065.A to change the method of calculating density from Net Site Area
to Gross Site Area.
(4) Modify ACC 18.02.065.A to allow for administrative consideration of deviations to the
minimum density requirement.
(5) Add ACC 18.02.065.B which exempts short plats from the requirements to meet
minimum density.
Questions
(1) Does the Planning Commission concur with the suggestions offered by staff?
(2) Are there questions or ideas that the Planning Commission would like staff to consider
before bringing code amendments forward for public hearing?
(3) Is Planning Commission comfortable with scheduling a public hearing for August 8,
2017?
Attachments
Draft Code Amendments
Page 48 of 53
18.02.065 Methods of calculating density.
The permitted number of dwelling units or lots shall be determined as follows:
A. Net Site Area. The area of a site used to calculate the allowed number of dwelling units or lots shall exclude those areas
designated for public rights-of-way, except for the designation of additional right-of-way along arterials, private streets, vehicle
access easements, and on-site public or homeowners’ association-maintained recreation space if required.
Further, the net site area shall be subject to the following adjustments and limitations for critical areas:
1. Net site areas shall exclude streams, wetlands, fish and wildlife habitat areas, and high landslide hazards; and
2. Net site area shall include any required critical area buffer, seismic hazards, and flood hazard areas when calculating
base density, unless critical areas identified in subsection (A)(1) of this section are present; provided, that net site area
shall not include required critical area buffers when calculating minimum density. The allowed number of dwelling units
or lots for a site shall be computed by multiplying the net site area of the lot as calculated in this section by the
applicable residential base density number found in the development standards for each zone.
A. Gross Site Area. The gross site area shall be used to calculate both the minimum and maximum number of allowed dwelling
units or lots.
1. When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
i. Fractions of 0.50 or above shall be rounded up; and
ii. Fractions below 0.50 shall be rounded down.
2. Calculating Base Density. Base density is calculated by multiplying the gross site area by the upper limit of units or
lots allowed within the zone. For example, in the R-5 zone, where density range allows up to 5 dwelling units per acre:
4.3 acre gross site area x 5 units per acres = 21.5 (rounded up to 22)
3. Calculating Minimum Density. Minimum density is calculated by multiplying the gross site area by the lower limit of
units or lots allowed within the zone. For example, in the R-5 zone, where the density range allows as few as 4 dwelling
units per acre:
4.3 acre gross site x 4 units per acre = 17.2 (rounded down to 17)
4. Each lot shall meet the requirements established in Chapter 18.07 ACC for lot area, dimensions, setbacks and other
development standards.
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5. Where a proposed area for subdivision cannot meet minimum density due to encumbrance by critical areas and/or
their buffers, Where critical areas and/or their buffers encumber an area proposed for subdivision, the applicant may
seek anto administrative deviatione tofrom the minimum density which will be reviewed as an administrative decision as
part of the subdivision application. If the applicant seeks a variance from the development standards in Chapter 18.07
ACC the variance shall be processed utilizing the provisions of ACC 18.70.010. Alterations of a critical area or its buffer
shall be processed in accordance with Chapter 16.10 ACC.
B. The minimum density requirements shall not apply to short plats that are processed under Chapter 17.09 ACC.
B. “Base density” refers to the maximum number of dwelling units or lots allowed for a specific zone without application of the
bonus density provisions of Chapter 18.25 or 18.49 ACC, expressed as units per net acre. Base densities for residential zones
are specified in ACC 18.07.030.
C. “Base units” refers to the number of allowable dwelling units for a site, as determined by multiplying the base density of the
zone in which the site is located by the net site area.
For example, the R-5 zone has a base density of five units per acre; therefore, the maximum number of base units allowed on a
lot with 0.6 acres of net site area in the R-5 zone is three units.
DC. Bonus density, where applicable, shall be computed by adding the bonus units authorized by Chapter 18.25 or 18.49 ACC
to the base units computed under this section.
E. When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
1. Fractions of 0.50 or above shall be rounded up; and
2. Fractions below 0.50 shall be rounded down.
18.04.300 Density.
“Density” is a measure of population, housing units, or building area related to land area, and is expressed as a ratio, e.g., one
dwelling unit per acre. See ACC 18.02.065 for features that are deducted from site area in the city of Auburn’s calculation of
density for the methodology for calculating density.
18.04.301 Density, base.
“Base density” refers to the greatest number of dwelling units allowed without application of the bonus density provisions of
Chapter 18.25 or 18.49 ACC per land area in a specific zone expressed as a ratio. For example, in a zone with a maximum
density of four units per acre, the maximum number of housing units allowed on a one-quarter-acre lot is one unit.
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18.04.303 Density, minimum.
“Minimum density” refers to the least number of dwelling units allowed per land area in a specific zone, expressed as a ratio. For
example, in a zone with a minimum density of 12 units per acre, development of a two-acre lot would require a minimum of 24
units.
18.07.030 Development standards.
Table 18.07.030 Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
A Base density (units per
net acre) 0.25 1 5 7 10 16 20
B Minimum density (units
per net acre)1 0.25 1 4 5 8 12 15
C Minimum average lot area
per dwelling unit (square
feet)
174,240 35,000 8,000 6,000 4,300 2,700 2,175
DC Minimum lot area per
dwelling unit (square feet) 174,240 35,000 6,000 4,300 2,000 2,000 2,000
ED
Minimum lot width (feet)2 125 125 50 40
20 for
interior
lots; 35 for
exterior
lots
20 for
interior
lots; 35 for
exterior
lots
20 for interior
lots; 35 for
exterior lots
FE Minimum setbacks (feet)2,3
1 Residence front setback3 35 35 10 10 10 10 10
2
Garage (minimum front
setback required from
street access)3
20 20 20 20 20 20
20 unless alley-
loaded then 15
provided there
are 20 feet from
any garage
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Table 18.07.030 Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
3 Setback to any property
line for barns, stables, or
similar structures for
enclosure of large
domestic animals
For other animals, see the
supplemental
development standards
for animals in ACC
18.31.220
75 X X X X X X
4 Setback to any property
line for any corral,
exercise yard, or arena for
large domestic animals
For other animals, see the
supplemental
development standards
for animals in ACC
18.31.220
35 X X X X X X
5 Interior side setback 20 10 5 5 5 5 5
6 Street side setback3 35 20 10 10 10 10 10
7 Rear setback3 35 35 20 20 20 20 20
8 Rear setback, detached
structure
In all zones, 20 ft for
structure with vehicular
entrance oriented toward
street or public alley3
15 15 10 5 5 5 5
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Table 18.07.030 Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
GF Maximum lot coverage
(%) 25 35 40 50 60 70 70
HG Maximum impervious area
(%) 25 50 65 75 N/A N/A N/A
IH Maximum building height
(feet) 35 35 35 35 45 45 50
JI Maximum height of
accessory buildings and
structures
354 35 16 16 16 NA NA
KJ Minimum front setback
area landscape strip (feet) N/A N/A 5 5 10 10 10
LK Minimum side setback
area landscape strip (feet) N/A N/A 5 5 10 10 10
ML Minimum landscaped
open space (%) N/A N/A N/A N/A 20 20 20
1. For purposes of calculating minimum density, critical area buffers are not included in net site area. See ACC 18.02.065 for
calculation of net acreage for minimum densitycalculating density.
2. All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the satisfaction of the city engineer
that all required utility infrastructure, access requirements, and street elements can be accommodated in accordance with
the design and construction standards.
3. In addition to meeting setback requirements, all structures must meet sight distance requirements in accordance with city
design and construction standards.
4. Barns and other specialized structures used for agricultural purposes may exceed the height limits.
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