HomeMy WebLinkAbout6779 ORDINANCE NO. 6779
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 18.68 OF THE AUBURN CITY CODE
(ACC), AND AMENDING SECTIONS 18.02.080,
18.36.020, 2.46.035 AND 14.03.040 ACC
RELATING TO AMENDING THE TEXT OF TITLE
18 'ZONING' AND ZONING MAP CHANGES AND
RELATED PROVISIONS.
WHEREAS, Auburn City Code (ACC), specifically Chapter 18.68 ACC, contains
language for amending the text of the Title 18 'Zoning' as well as for amending the City's
Zoning Map; and
WHEREAS, with respect to the existing Code language, additions to, and
modifications to the existing provisions would be valuable to both City Staff (when
providing customer service), as well as to the public (criteria to respond to when
submitting applications), and the City's Planning Commission and Hearing Examiner
(when reviewing the applications for consistency and suitability); and
WHEREAS, a SEPA Determination of Nonsignificance (DNS) and Notice of
Application (NOA) was issued on March 19, 2020 for the proposed amendments, with no
comments received; and
WHEREAS, it is appropriate to amend the provisions of Chapter 18.68 ACC and
other sections of the City Code for consistency therewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6779
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Rev. 2019
Section 1. Amendment to City Code. Chapter 18.68 ACC is amended to read
as follows:
Chapter 18.68
ZONING MAP AND TEXT AMENDMENTS
Sections:
18.68.010 I ntentP u rpose.
18.68.020 Zoning map amendments.
18.68.025 Zoning text amendments.
18.68.030 Public hearing processTypes of amendments and processing.
18.68.040 '. e '- •-. '•e •e ' - -e.' ----- Rezone (zoning map
amendment) approval criteria.
18.68.050 Amendments to rezone requests.
18.68.060 Contract rezones.
18.68.010 IntentP u rpose.
The purpose of this chapter is to provide-forestablish a process to amend
either the text or map of this title. An amendment of the zoning map is also referred
to as a "rezone" as used elsewhere in this title. (Ord. 4840 § 1, 1996; Ord. 4229 §
2, 1987.)
18.68.020 Zoninq map amendments.
A. Zoning Map.
a ._ --a _ - _ e. . .. e .-' ee
requesting a reclassification of the parcel;
2. The city council may request the planning commission or hearing
of property;
.- . . • •••* .u.• • a ..• - --a a• . . a
hearing on the reclassification of a parcel or parcels of property.
B. Text.
1. The city council may request the planning commission to conduct a
-...e -•_• _ e . . e .• •• e et •e -e .* - . e
•e-
planning-commission;
2. The planning commission may upon its own motion call for a public
.e --' - '. e e e--e . . amendments;
3. Any resident or property owner of the city may petition the city to
request an amendment to the text of this title.
C. For the purposes of this chapte , . e - • - - •• - •-• •-
•-e
-
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a- e e . •e: "- - e . • • -" 1... - . e -* . . *. • . e- •- a •••• • .
. • e- ee.- - •• e -e.g . . , e ". "ye- e
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required of certain developments), and "procedural" or"administrative" matters arc
pursued (e.g., time limits for applications and appeals, what forms must be used,
and where or how applications must be submitted. Essentially, "procedural" or
be pursued)Zoning map amendments may be initiated by the City or one or more
property owners. Applications from property owners must include valid
authorization from all of the subject property owners involved in the application.
(Ord. 6532 § 30, 2014; Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1,
1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.025 Zoning text amendments.
Text amendments may be initiated by the City or the public.
A. City-initiated text amendments.
1. The Director may initiate an amendment to the text of this title for the
following purposes:
a. Change the text to increase consistency with the Comprehensive
Plan in compliance with ACC 14.22.050, 'Conformance and consistency.'
b. Change the text in response to changes in state and/or federal laws.
c. Change the text to correct errors, which are determined by the
Director to be substantive and beyond a scrivener's error.
d. Change the text to increase internal consistency of this title (Zoning
Code).
2. The Mayor may request the Director to initiate an amendment to the
text of this title, or by the request of the Mayor on behalf of the City Councilor the
Planning Commission.
B. Public-initiated text amendments.
1. Any member of the public may submit an application requesting to
amend the text of this Title using the City's established application process.
18.68.030 ' = • - '• e * - Types of amendments and processing.
X—Text Amendments. With the exception of purely administrative or
e . "—e ••-• , . • • ..t.•••• e• e •-
a recommendation to the city council, who may or may not conduct a public
B. Zoning Map Amendments.
et e•
public hearing. After review of the application, the director shall determine which
-- e e . ••e e e. .- - •e. e e e ee- •-. - e•-:
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a. If the rezon- ' -• • • • •- -•- • • - : -, •- • •-
hearing examiner shall conduct a public hearing on the rezone and make a
•• •e- •:' * mil pursuant to ACC 2.46.170;
b. If the rezone is in conflic-t with the comprehensive plan, or there are
no policies that relate to the rezone, or the policies are not complete, then a
ove.„ * •••, * & .1. 11 * *4- * 4, • •"•11.,
commission shall conduct a public h aring on the comprehensive plan map
OOO • 4. 1•14, •11.. . 16e 4111. -4,*•• •••,•*,, '41, • •-
council;
2. Areawide Zoning and Rezoning, Initiated by the City. The planning
council. If applicable, a comprehensive plan amendment may also be processed.
C. City Council Decision. The city council may affirm, modify or disaffirm
— •-- f.. -- - '• * -There are three types of map
amendments and two types of text amendments; the descriptions and processing
procedures for these shall be as follows:
A. Map amendment types:
1. A "Site-Specific Rezone, Category 1", is an application requesting to
rezone a property to a zoning district that implements the Comprehensive Plan
land use map designation applied to the property. This type of rezone shall be
processed as a Type IV decision, consistent with ACC 14.03.040.
2. A "Site-Specific Rezone, Category 2", is an application requesting to
rezone a property to a zoning district that does not implement (i.e. is in conflict
with) the existing Comprehensive Plan land use map designation applied to the
property, and a concurrent Comprehensive Plan amendment application must be
submitted. This type of rezone shall be processed as a legislative non-project
decision, consistent with ACC 14.03.060.
3. An "Area-Wide Rezone" is a rezone initiated either by the City or by
multiple property owners that applies to a significant number of properties, as
determined by the Director. This type of rezone shall be processed as a legislative
non-project decision, consistent with ACC 14.03.060.
B. A "Zoning Text Amendment" is an application to change the text of
Title 18 ACC. This type of application or initiation shall be processed as a
legislative non-project decision, consistent with ACC 14.03.060. Public notice shall
be provided consistent with Title 14 ACC.
1. Substantive zoning text amendments. For the purposes of this chapter,
substantive zoning text amendments shall be distinguished from procedural or
administrative amendments in accordance with the following: "Substantive"
matters relate to regulations that define or limit what can be done in terms of
conduct, use or action (e.g., what land use may be made of property, what
requirements apply to development, and what public infrastructure may be
required of certain developments)."Procedural" or "administrative" matters are
those that relate to the process of how an application to take such action must be
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pursued (e.g., time limits for decisions and appeals, what forms must be used, and
where or how applications must be submitted. Essentially, "procedural" or
"administrative" matters are the mechanical rules by which substantive issues may
be pursued.) Substantive text amendments shall be reviewed by the Planning
Commission and the Planning Commission shall conduct a public hearing and
make a recommendation before being presented to the City Council for
consideration and action.
2. Procedural zoning text amendments. Text amendments that are
purely administrative or procedural do not require a public hearing, nor do they
require preliminary review or recommendations by the Planning Commission and
can therefore be presented directly to City Council for action. (Ord. 6655 § 1, 2017;
Ord. 6442 § 26, 2012; Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2,
1987.)
18.68.040 • * - • • - • e • e ' - • Rezone (zoning map
amendment) approval criteria.
A. Text Amendments.
•• ., •e- A :.*I.1.1.9 A , e public hearing shall be given by
ta, •• . a- • -e. e- ea.- "e• •• a- **
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- e a * e.. • •-.. •e-Sh., e.- e• e :. e • •ea,
- e. e- e •e. a •• •- e e, e.. e •- •-.. .. •e
et ••*. a- at •• • -- ea.- e- e •., .
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City.
- a •••• . k • e • e - e ".. a-- ••: a. e- -a . -..
10 days prior to the public hearing and in accordance with ACC 11.07.010.
b. Planning Commission. Rezones that are considered concurrent with
notice of public hearing by publication i- -- -- - *ea
10 days prior to the public hearing. Additionally, notice shall be provided in
accordance with ACC 14.07.010.
2. Rezones, Including Areawide Zoning, Initiated by the City.
* : c a- e. e • •-. at., lee• •:•. ••••• ••e c ee. -e e
the option of the planning commic'sion, be required.
e. _• _ * •_* A " . as, •e a e e . e •.. •-- • . ea a -•
•-- ae aee• •ea ••-• ••e e ee ae e .- -e _ •- eee • e m -•
council, be requiredThere is no presumption of validity for a rezone (zoning map
amendment) and the applicant has the burden of proof in establishing compliance
with all of the following criteria:
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A. The rezone implements the policies of the Comprehensive Plan; or
B. The rezone is necessary due to a substantial change in
circumstances since the current zoning; and
C. The rezone bears a substantial relationship to the public health,
safety, or welfare. (Ord. 6655 § 2, 2017; Ord. 6198 § 5, 2008; Ord. 6185 § 9, 2008;
Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.68.050 Amendments to rezone requests.
A-Prior to adoption of a rezone ordinance, a requested rezone may be
changed, conditioned or modified by the hearing examiner, planning commission
or city council when under their appropriate jurisdiction without requiring additional
hearings, e -e - e - = - - _-: subject to the following:
A. The modification or change shall not result in a more intense zone
than the one requested; or
B. The area of the request shall not be enlarged, however, the area may
be lessened. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.68.060 Contract rezones.
In order to mitigate any impacts that may result from a rezone the city may
enter into a contract with the property owner. The contract shall outline the
conditions of approval and the obligations of the property owner. The contract shall
be binding upon the owner and the owner's heirs, assigns and successors. The
contract shall run with the land, be signed by the property owner(s) and be
recorded with the appropriate King County office, for properties located in King
County, or recorded at the appropriate Pierce County office for properties located
in Pierce County. Any amendments to the contract shall be approved by the city
council. The preferred form of the contract rezone is a development agreement as
authorized by RCW 36.708.170 - .210 and WAC 365-196-845. (Ord. 5170 § 1,
1998; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
Section 2. Amendment to City Code. Section 18.02.080 ACC is amended to
read as follows:
18.02.080 Zoning map.
A. "Zoning map," as used in this title, is that certain map, three copies of
which are on file in the office of the city clerk, labeled "Comprehensive Zoning Map
of the City of Auburn, Washington," dated June 1, 1987, and adopted by Ordinance
No. 4230 and signed by the mayor and city clerk, along with all amendments
thereto. mt . mendments to the zoning map m_ e- - •- •-_ e ••-
.. •
•-
_. - - - - -- - . : e. - e. -- - - - - = ' - - The
types of zoning map amendments are listed in ACC 18.68.030(A).
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B. Current copies of the zoning map are available for examination and/or
purchase at the community development department. The zoning
map is adopted and made a part of the comprehensive zoning ordinance, with the
most current amended copy serving asb itis the official zoning map. (Ord. 6287
§ 2, 2010; Ord. 6245 § 2, 2009.)
Section 3. Amendment to City Code. Section 18.36.020 ACC is amended to
read as follows:
18.36.020 Process.
The approval process for business parks is in two steps. The first step in
the conceptual approval of the business park, by the hearing examiner and city
council, this step also approves the rezone to the business park district. The
second step is the approval of the site plan by the planning director.
A. Conceptual Approval.
1. Conceptual approval of a business park shall be applied by the
rezone process as specified in ACC 18.68.030(BA)(1}(a). The rezone shall be a
contract rezone and shall include an agreement that establishes the type, square
footage and general location of the uses; the location and size of the park;
restrictive covenants; public improvements; and the responsibilities of the
owner/developer.
2. A BP district shall only be approved when the owner/developer has
demonstrated that a public benefit will result and the project contains architectural,
site, and landscape design standards that are significantly superior to those
typically required in the other industrial and commercial zones.
3. No significant impacts on the public infrastructure shall occur that
cannot be effectively mitigated by the development of the business park.
4. If the approval of the business park requires a subdivision of
property, the preliminary plat may be processed concurrently.
B. Site Plan Approval.
1. The site plan of a business park shall be approved by the planning
director,
e•• •- :. e . e• : - - . s • .- : . • •••.1 s "-
examiner pursuant to ACC 18.70.050.
3. The city attorney shall prepare the necessary documents, approving
**- -•- e-• -e - ••e _ =- e : e-- -- . . . :: - -ice county
office for properties located in Pierce County. (Ord. 5170 § 1, 1998; Ord. 4229 §
2, 1987.)
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Section 4. Amendment to City Code. Section 2.46.035 ACC is amended to
read as follows:
2.46.035 Powers and areas of jurisdiction.
The hearing examiner shall have the power to receive and examine
available information, conduct public hearings, prepare a record thereof and enter
findings of fact, conclusions based upon those facts and enter decisions as
provided by ordinance. Notwithstanding any other provision in the Auburn City
Code, the hearing examiner's areas of jurisdiction shall include those matters
contained in this chapter.
A. The decision of the hearing examiner on the following matters shall
be final:
1. Appeals of assessed civil penalties. (ACC 1.25.065(E))1
2. Appeals regarding the city's decision on refunds from the
construction sales tax exemption. (ACC 3.60.036(F))
3, Appeals from the planning director's denial of an application for a
multifamily tax exemption (MFTE). (ACC 3.94.070(F))
4. Appeals from the planning director's denial of an extension of a
conditional certificate for MFTE. (ACC 3.94.090(B))
5. Appeals of a dangerous dog determination. (ACC 6.35.020(D))
6. Appeals of a decision by the planning director regarding expansion
of hours for construction noise. (ACC 8.28.010(B)(8)(d))
7. Appeals of a decision by the city engineer regarding construction
permits. (ACC 12.24.090(C))
8. Appeals of a decision by the city engineer regarding undergrounding
of utilities. (ACC 13.32A.130(D))
9. Appeals of decisions by the building official or fire code official
regarding building and code violations. (ACC 15.07.130)1
10. Applications for a shoreline conditional use permit (ACC 16.08.054)
(note that, by statutes, the State Department of Ecology has final approval
authority).
B. The decision of the hearing examiner on the following matters shall
be final unless such decision is appealed to the city council as provided in this
chapter:
1. Appeals from denial, civil penalty suspension or revocation of a
business license. (ACC 5.15.070)
2. Appeals from denial of a rental housing business license. (ACC
5.22.070(D))
3. Appeals from revocation or notice of intent to revoke a rental housing
business license. (ACC 5.22.090(B))
1 The appeal shall be processed and the hearing conducted according to the provisions of ACC 15.07.130.
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C. The decision of the hearing examiner on the following matters shall
be the final administrative decision of the city:
1. Appeals from the planning director's denial of a final certificate for
multifamily property tax exemption (MFTE). (ACC 3.94.100(G))
2. Appeals from the planning director's cancellation of a tax exemption
for MFTE. (ACC 3.94.120(C))
3. Appeals of a decision by the public works director regarding
commute trip reductions. (ACC 10.02.120)
4. Appeals from denial of an adult entertainment establishment license,
issuance or renewal. (ACC 5.30.070)
5. Appeals of a decision by the public works director regarding required
public improvements. (ACC 12.64A.060)
6. Appeals of a decision by the public works director regarding system
development charges. (ACC 13.41.070)
7. Hear and resolve tenant complaints against landlords regarding
utility billing practices (third party billing). (ACC 13.52.050)
8. Appeals of a decision by the planning director on a relocation report
and plan related to the closure of a mobile home park. (ACC 14.20.120)
9. Appeals of a decision by the floodplain administrator on floodplain
development permits. (ACC 15.68.125)
10. Appeals of a decision by the landmarks and heritage commission on
historical designations. (ACC 15.76.040)
11. Appeals of a decision by the SEPA responsible official on threshold
determinations (ACC 16.06.250) — public hearing needed.
12. Appeals from critical area review decisions. (ACC 16.10.140)
13. Applications for a reasonable use exception due to critical area
regulations. (ACC 16.10.150)
14. Applications for a buffer width variance of critical areas regulations
which exceeds 10 ten percent_(1t % of a quantifiable standard. (ACC 16.10.160)
15. Applications for a public agency special exception to critical area
regulations. (ACC 16.10.170)
16. Appeals from a decision of the planning director regarding boundary
line adjustments. (ACC 17.06.030)
17. Applications for a preliminary plat. (ACC 17.10.050)
18. Applications for modification of standards and specifications related
to a preliminary plat. (ACC 17.18.010)
19. Applications for alteration of any subdivision. (ACC 17.20.030)
20. Appeals from a decision of the planning director regarding site plan
approval of a business park. (ACC 18.36.020(B))
21. Applications for a special home occupation permit. (ACC
18.60.040(A))
22. Applications for a surface mining permit. (ACC 18.62.030)
23. Appeals from a decision of the planning director regarding
administrative use permits. (ACC 18.64.020(A))
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24. Applications for a conditional use permit. (ACC 18.64.020(B))
25. Applications for a variance. (ACC 18.70.010)
26. Appeals from a decision of the planning director regarding
administrative variances. (ACC 18.70.015)
27. Applications for a special exception. (ACC 18.70.020)
28. Applications for a variance in the regulatory floodplain. (ACC
18.70.025)
29. Appeals from any administrative decision under ACC Title 18,
Zoning. (ACC 18.70.050)
30. Appeals from a decision of the planning director regarding fire impact
fees. (ACC 19.06.080)
31. Appeals from a decision of the parrs director of parks and
recreation regarding park impact fees. (ACC 19.08.040)
D. On the following matters, the hearing examiner shall enter findings
of fact, conclusions of law, and recommendations to the city council:
1. Applications for vacating a subdivision or portion of a subdivision, or
any land dedicated for public use, except rights-of-way associated with public
streets. (ACC 17.22.030)
2. Application for a business park (conceptual approval). (ACC
18.36.020(A))
3. Applications for a • e•- *..•* ap amendfnentHaitiated-b a if
appl+cant other -than the---oity Site-Specific Rezone, Categoryl. (ACC
18.68.030(A)(1))
4. Applications for major amendments to the Lakeland Hills PUD. (ACC
18.76.130) (Ord. 6442 § 31, 2012.)
Section 5. Amendment to City Code. Section 14.03.040 ACC is amended to
read as follows:
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council
following a recommendation by the hearing examiner. Type IV decisions include,
but are not limited to, the following project applications:
Rezone4site-specific) Site Specific Rezone, Category 1. (Ord. 6654 § 1,
2017; Ord. 6295 § 1, 2010; Ord. 6184 § 4, 2008; Ord. 4835 § 1, 1996.)
Section 6. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 7. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
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section, or portion of this Ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this Ordinance, or the
validity of its application to other persons or circumstances.
Section 8. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: JUL 2 0 2020
PASSED: JUL 2 0 2020
APPROVED: JUL 2 0 2020
KThMA1$OR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: 6" 11iv)h ( v.AitAv3, 7/0-PD
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