HomeMy WebLinkAbout10-05-2021 Planning Commission AgendaPlanning Commission Meeting
October 5, 2021 - 7:00 PM
AGENDA
I.Virtual Participation
A.Virtual Participation Info
The City of Auburn Planning Commission Meeting scheduled for Tuesday,
October 5, 2021 at 7:00 p.m. will be held virtually and telephonically. To attend
the meeting virtually please click one of the below links, enter the meeting ID
into the Zoom app, or call into the meeting at the phone number listed below.
Per Governor Inslee's Emergency Proclamation 20-05 and 20-28 et. seq. and
City of Auburn Resolution No. 5581, City of Auburn has designated meeting
locations as “virtual” for all Regular, Special and Study Session Meetings of the
City Council and for the Committees, Boards and Commissions of the City.
The link to the Virtual Meeting or phone number to listen to the Planning
Commission Meeting is:
Join Zoom Meeting:
https://us06web.zoom.us/j/85851649493
Meeting ID: 858 5164 9493
1 (253) 215 - 8782
II.CALL TO ORDER
B.ROLL CALL/ESTABLISHMENT OF QUORUM
C.PLEDGE OF ALLEGIANCE
III.APPROVAL OF MINUTES
A.September 8, 2021 Draft Minutes from the Regular Planning Commission Meeting
IV.PUBLIC HEARINGS
A.Airport Code Update
City File No. ZOA20-0002: Public Hearing for Airport Zoning Code Update (amend
Chpt 18.38 + Chpt 18.04 ACC + zoning map).
V.OTHER BUSINESS
A.Annual Comprehensive Plan Amendments
Page 1 of 74
Review of proposed changes to the Comprehensive P lan as part of the 2021 A nnual
Update process.
V I .C O M M UNIT Y D E V E L O P M E NT RE P O RT
Update on Community Development Services activities.
V I I .AD J O URNM E NT
The City of Auburn Planning Commission is a seven 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, other than approvals or amendments to the
Planning Commission Rules of Procedure, are not final decisions; they are in the form of
recommendations to the city council which must ultimately make the final decision.
Page 2 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 8, 2021 Draft Minutes from the Regular Planning
Commission Meeting
Date:
September 23, 2021
Department:
Community Development
Attachments:
September 8, 2021 Draft Minutes for Regular
Planning Commission Meeting
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:October 5, 2021 Item Number:
Page 4 of 74
PLANNING COMMISSION
September 8, 2021
Draft MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:05 p.m. via Zoom Meeting due to
Governor Inslee’s Healthy Washington – Roadmap to Recovery initiative and the
Governor’s Emergency Proclamation 20-28 due to the Covid-19 Pandemic which
establishes the official meeting place, as virtual.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
*A quorum was established after Other Business on the Agenda, when
Commissioner Mason joined. The Commission voted on Minutes at that time *
Commissioners present: Chair Judi Roland, Vice-Chair Lee, Commissioner Moutzouris
and Commissioner Stephens.
Commissioner Mason joined the meeting late due to technical difficulties with the virtual
meeting connection. Commissioner Mason joined via phone.
Staff present: Assistant City Attorney, Doug Ruth; Planning Services Manager, Jeff
Dixon; Senior Planner, Josh Steiner; Planner II, Alexandria Teague; Senior Traffic
Planner, Cecile Malik; Office Assistant, Tammy Gallier.
Members of the public present: No audience members were present or participating.
b.) PLEDGE OF ALLEGIANCE
II. APPROVAL OF MINUTES
A. August 3, 2021 – Regular Meeting Minutes
*A quorum was established after Other Business when Commissioner Mason
joined. The Commission voted on Minutes at that time *
Vice Chair Lee moved, and Commissioner Stephens seconded to approve the minutes
from the August 3, 2021, meeting as written.
MOTION CARRIED UNANIMOUSLY. 5-0
III. PUBLIC HEARING
No Public Hearing for this meeting.
Page 5 of 74
PLANNING COMMISSION MEETING MINUTES September 8, 2021
Page 2
IV. OTHER BUSINESS
A. Airport Code Update
City File No. ZOA20-0002: Continued discussion of Airport Zoning Code
Update (amend Chpt 18.38, Chpt 18.04 ACC, and zoning map).
Planner II, Alexandria Teague recounted the recent history. At the August 3rd Planning
Commission Meeting Staff introduced the airport related text and map amendments. The
introduction provided an in-depth review of the following:
• The adopted airport related Comprehensive Plan policies.
• The FAA, WSDOT, and Auburn’s roles in regulating airport operations and the
surrounding area.
• The “airport influence” area;
• Challenges related to development around the airport; and
• A summary of the key code changes.
The revisions made to the text and map amendments were presented at the August 3rd
Planning Commission meeting. The revisions include:
1. Removing Compatibility Zone 7 from the proposed airport overlay and the airport
overlay restrictions and standards section;
2. Updating the FAR Part 77 “Primary Surface” description and several surface
elevations
3. Adding FAA Form 7460 “Notice of Proposed Construction” as a method of ensuring
compliance with the FAR Part 77 surfaces
The revisions to the text amendment are shown in Attachment A and B in the packet and
are briefly described below. The revised airport overlay (the map amendment) is
included in Attachment C that is also in the packet.
Descriptions of Revisions since last meeting. 1.Compatibility Zone 7, which
constituted the airport traffic patterns, was removed from the proposed airport overlay. It
was removed because implementing the proposed restrictions and standards along
narrow linear paths (the pattern lines) could create issues of inconsistency when
administered by staff. Also, the existing proposed standards for Compatibility Zone 6
should account for and mitigate the potential impacts to the airport’s flight traffic pattern.
1.The FAR Part 77 “Primary Surface” description was changed from a more general
description to one specific to the Auburn Municipal Airport. The surface elevations were
updated to reflect the more recent runway extensions – new highpoints on the runway as
a result of the past actions lengthening the runway.
1. The filing of an FAA Form 7460 “Notice of Proposed Construction or Alteration” was
added as a method to demonstrate compliance with the height limitations. Per FAA
guidance, the form is to be submitted by a property owner before proposed construction
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Page 3
or alteration (before the object penetrates the airspace). The FAA’s determination is
shared with the city prior to city authorization. This is a method that is currently used by
the City to determine whether an object will penetrate the airspace.
TEXT AMENDMENT
The zoning code text amendment is shown by strikeout/underline and is attached in the
packet as Attachment A and as a “clean version” in Attachment B. The zoning map
amendment is attached in the packet as Attachment C.
Alexandria Teague, Planner II, discussed the state required consultation meeting that
took place with the Washington State Department of Transportation/Aviation Division on
August 23, 2021.
A formal consultation meeting took was held virtually on August 23, 2021, with the City
of Auburn Airport Manager, Planning Services Manager and Planner II, a Washington
Department of Transportation/Aviation Division Planner and 3 attendees from the
aviation community. City Staff presented an overview of the proposed code changes and
then opened it up for comments. Very few comments were provided. One comment
asked about the purpose of the code update and the history of noise complaints. The
attendees had no issues and were generally in support of the proposed code update.
They were also advised that a Public Hearing would likely take place at the October 5th
Planning Commission Meeting.
In concluding her presentation, Planner Teague stated, If the Planning Commission
believes that the changes are ready to proceed, Staff will move forward with noticing and
scheduling of a public hearing on October 5th.
After Staff concluded their presentation, the floor was opened up for questions or
comments from the Commission.
The Commission requested clarification on a blank page in the packet where the code
changes were described. The Planning Commission wanted to confirm with staff that the
blank page was intentional and there was nothing missing. Staff confirmed that nothing
was missing that in fact the Word formatting was difficult and created a blank page by
mistake.
The Commission asked who from the Aviation Community was in attendance at the
consultation meeting. Staff remarked that the attendees were an airport board member
and an airport hangar owner. The third participant was not identified.
Chair Roland inquired on how the public and businesses were going to be notified of the
changes to the code. Staff responded that business were already made aware by the
mailed public notice of the Notice of Application (NOA) and environmental review
decision(SEPA) that was issued on September 1, 2021. Another Notice of Public
Hearing postcard will be sent out in advance of the Public Hearing that will be
conducted on October 5, 2021, at the regular Planning Commission Meeting. Staff
stated that typically the city doesn’t announce code changes after adoption. Staff added,
that if we do hear from anyone from the public during the process that has comments
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PLANNING COMMISSION MEETING MINUTES September 8, 2021
Page 4
and has requested to be informed, Staff will keep them informed of the steps in the
process.
The Planning Commission asked about the size of the easement on the properties in
case safety lights had to be installed or maintained or if a truck needed to go through.
Staff wasn’t sure of the easement size, but that it would include granting property access
for future maintenance. Staff commented that easements could include the entire parcel
in order to grant access.
Staff commented that they will follow up with Public Works Director, Ingrid Gaub to
clarify and report back to the Commission at the next meeting.
The Commission asked for clarification on the Revised Height Compliance Section of the
code. Its states that the “Planning Director in consultation with the Airport Manager may
require one or all…”. The Commission inquired why it says “may” instead of “shall”. As a
Director shouldn’t it say “shall” because they have that authority? Staff commented that
the word “may” is used because it could require only one of those listed methods of
demonstrating compliance or it could require all three of those methods from the
Revised Height Compliance section. It allows a little more flexibility on what would be
required.
B. 2021 Annual Comprehensive Plan Amendments
Introduction and Overview of proposed changes to the Comprehensive Plan as
part of the 2021 Annual Update process.
Senior Planner, Josh Steiner, presented the staff report to the Planning Commission.
He introduced and briefly discussed:
1.The docket of annual comprehensive plan amendments is proposed to consist of the
following:
City Initiated Comprehensive Plan Text Amendments (CPA21-0001) (each capital
facilities plan is incorporated by reference)
• P/T #1 – Auburn School District Capital Facilities Plan
• P/T #2 – Dieringer School District Capital Facilities Plan
• P/T #3 – Federal Way School District Capital Facilities Plan
• P/T #4 – Kent School District Capital Facilities Plan
• P/T #5 – City of Auburn (COA) Capital Facilities Plan
• P/T #6 – Volume 3, Capital Facilities Element. The City’s Water Division has
prepared some minor changes to their Comprehensive Water Plan to extend the
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PLANNING COMMISSION MEETING MINUTES September 8, 2021
Page 5
useful life of the Plan. The City’s Comprehensive Water Plan is a separate
document which is incorporated by reference in the Capital Facilities Element
(Chapter) of the Comprehensive Plan. So, the update to the Comprehensive Plan
is to recognize this revised Comprehensive Water Plan document which is
incorporated by reference.
At the time of development of the City’s Comprehensive Water Plan, the
Washington State Department of Health was changing the time period
requirements applicable to water plans. Since the change was not fully
implemented, the city prepared the water plan for a 6-year timeframe. Now, that
the Washington State Department of Health changes have gone into effect, the
city seeks to extend the duration of the Plan and then use this to apply for an
extension effective to 2026, at which time a full update will be completed. The
Water Division believes the update is appropriate because the capital projects,
water demands, and population growth projections presented in the current
Water System Plan are still accurate projections of the City’s system over the
longer planning period.
• No text changes to the Capital Facilities Element are needed, although the
referenced Comprehensive Water Plan in Policy CF-13 is expected to be
updated by 2024 with current data as part of the 8-year Periodic Update.
Senior Transportation Planner, Cecile Malik presented the changes to the
Comprehensive Plan Transportation Element (Chapter) to the Planning
Commission.
• P/T #7 –Volume 5, Transportation Element (This is a separate document
incorporated by reference). Changes in the Transportation Element consist of the
following:
• Update Transportation Improvement Program (TIP) information/project list.
• Re-designate one project from Comprehensive Plan list to the (TIP) list to
maintain continuity in the future transportation network conditions.
• Update maps as needed to reflect current data and conditions (addressed by
CMP #1, below);
• Additional minor changes will relate to grammar, punctuation, choice of
words, references, etc.
The Commission asked what a VMS sign is. Staff commented that it stands for
variable message sign and it’s a digital sign that can relay messages to drivers
on the road such as accidents ahead or any traffic issues that could be
happening.
Staff mentioned to the Commission that detailed maps and more information will
be supplied in the Comp. Plan Binders. Those will be delivered to the Planning
Commission prior to the next meeting on October 5, 2021.
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PLANNING COMMISSION MEETING MINUTES September 8, 2021
Page 6
Senior Planner, Josh Steiner continued with the Comprehensive Plan
presentation regarding P/T #8,P/T #9, and CPM #1.
• P/T #8 – Volume 2, Housing Element. The City adopted a Housing Action Plan
(HAP) in July 2021, which was also presented to the Planning Commission in
February and June 2021 by City staff. Among the various recommendations of
the HAP, it provides recommendations on policies and code changes to
implement HAP strategies. The proposed policy revision allows for better
alignment with Puget Sound Regional Council (PSRC) Vision 2050 policy MPP-
H-11 which addresses supporting identification of potential physical, economic,
and cultural displacement, and mitigating to the extent feasible.
• Include reference and brief description of Housing Action Plan in Conditions
and Trends section beginning on Page H-1 of the Housing Element.
• Revise Policy H-24(f) to include text regarding minimizing displacement
impacts. The revision of this policy will better align with PSRC Vision 2050’s
recognition of displacement risk and the need to minimize. Revising this
policy allows for alignment with PSRC requirements in advance of the 2024
Periodic Update.
• Address text formatting for Policy H-24 sub-policies
• P/T #9 – Volume 1, Land Use Element. The City adopted a Housing Action
Plan (HAP) in July 2021, which was also presented to the Planning Commission
in February and June 2021 by City staff. The HAP provides recommendations on
policies and code changes to implement HAP strategies. One such policy is
located in the Land Use Element (Chapter) .
• Revise Policy LU-39 to include affordable housing development. In addition to
allowing additional height or density in exchange for supplemental amenities
identified in this policy, this revision would include affordable housing
development as eligible uses for deviations in height, density, or intensity
bonuses.
City-Initiated Map Amendments (CPA21-0002):
• CPM #1 – Volume 5: Transportation Element (Separate document incorporated
by reference): Several maps found throughout Volume 5 have been updated to
reflect current conditions. A final list of maps and their corresponding page
numbers is under development by City’s Transportation Division.
Concluding the presentation, Staff asked the Commission if they had any questions.
The Commission asked if the Comp. Plan Binders will be delivered like in years past and
staff confirmed that would be the case.
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PLANNING COMMISSION MEETING MINUTES September 8, 2021
Page 7
V. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager, Jeff Dixon reported that Planning Commissioner
Sunil Khanal resigned his seat with the Planning Commission. City Staff is
actively looking to fill those two available seats for the Planning Commission. He
asked the Commission to direct an interested persons to the city website to
apply.
Planning Services Manager Jeff Dixon commented that previously it was
mentioned to the Commission that City Council was trying a hybrid type of public
meetings which consisted of virtual and in-person meetings with the hopes of
other committees moving to the same format in the future. Unfortunately, due to
the rise in Covid cases, that has discontinued, and meetings have gone back to
virtual for the time being.
Staff reported that the fire that happened at the Max Building, which housed
businesses like the former Nelson Jewelry and Sushido, has had both the Fire
Marshall investigation as well as the Insurance investigation completed.
However, both investigations determined that the source of the fire was
“inconclusive”. What is on-going at this time, is the property owner having a
structural analysis completed to see if any part of that building can be reused or if
there is any value in the remaining section of the building and if it can be rebuilt
or added onto in the future. VRFA, Valley Regional Fire Authority, has offered to
assist business owners or residential tenants to access the building to retrieve
their personal belongings. The City Code Enforcement Officers have issued a
Notice to Correct as this will help the owner to keep attention on making progress
with the building related to ongoing safety.
The Commission asked about the Heritage site across the street which burned
down a couple of years ago. Staff commented that they are making progress and
recently resubmitted modifications to their building permits and are currently
under review as well as working through some changes with other City
departments.
The U.S. government’s General Services Administration (GSA) property is up for
public auction. The sale is scheduled for October with closing in January. The
sale of the property includes a provision to allow the GSA to continue to occupy
the property for a period of time after the sale.
The next meeting will be help on October 5, 2021, at 7:00 p.m. and the agenda
will consist of a Public Hearing on the Airport Code Changes as well as review of
the Comprehensive Plan Binders. A second meeting for the month will be held
October 19, 2021, at 7:00 p.m. and the agenda will include the Public Hearing for
the 2021 Comprehensive Plan annual amendments.
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PLANNING COMMISSION MEETING MINUTES September 8, 2021
Page 8
VI. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:33 P.M.
Page 12 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Airport Code Update
Date:
September 23, 2021
Department:
Community Development
Attachments:
Staff Report
Exhibit 1 Airport Zoning Code Text Amendment
(strikeout-underline version)
Exhibit 2 Airport Zoning Code Text Amendment
Clean Version
Exhibit 3 Airport Overlay Map Amendment
Exhibit 4 WSDOT City of Auburn Aviation
Consultation Confirmation Letter
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:October 5, 2021 Item Number:PH.1
Page 13 of 74
PLANNING COMMISSION
STAFF REPROT
TO: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Alexandria D. Teague, Planner II
Department of Community Development
DATE: September 23, 2021
RE: City File No. ZOA20-0002 - Airport Zoning Code Update
PROPOSAL: Text amendment to the airport related zoning regulations of Title 18, Auburn's
Zoning Code, specifically Chapter 18.38 "LF Airport Landing Field District", Chapter 18.01 “User
Guide”, and Chapter 18.04 "Definitions", and a map amendment, creating a new airport overlay
on the Zoning Map.
FINDINGS OF FACT:
Background Summary and Proposal:
1. During Auburn’s 2020 annual Comprehensive Plan amendment cycle, City Council
adopted text amendments for the Comprehensive Plan intended to reinforce the policy
language regarding the importance of the airport and protect the significant investment
that has been made by the City the Federal Aviation Administration (FAA), and the
Washington State Department of Transportation (WSDOT).
2. The Auburn Municipal Airport is classified as a Public-Use, General Aviation Regional-
Reliever Airport within the National Plan of Integrated Airport Systems (NPIAS).
3. The City of Auburn has the regulatory authority over how development occurs within the
community, including the ability to plan for, abate, mitigate, and otherwise respond to
land use concerns.
4. The majority of the airport-related zoning code regulations are contained in Chapter
18.38, the “LF Airport Landing Field District” of the Auburn City Code (ACC).
5. The most recent update to the LF Airport Landing Field District regulations occurred in
1997 under Ordinance No. 5026.
6. Pursuant to Revised Code of Washington (RCW) 36.70.547, every county, city, and
town in which there is located a general aviation airport that is operated for the benefit of
the general public must, through its comprehensive plan and development regulations,
discourage the siting of incompatible uses adjacent to the airport.
7. Per RCW 36.70.547 and 36.70A.510, local jurisdictions are required to formally consult
with airport owners, managers, private airport operators, general aviation pilots, ports,
and the WSDOT Aviation Division prior to adoption of comprehensive plan policies or
development of regulations that may affect property adjacent to public use airports.
8. The overall goal of the changes are to ensure safety and continued operations of the
Auburn Municipal Airport.
9. The proposed zoning code amendment has been discussed with the Planning
Commission previously at two regular meetings. Staff has provided two memorandums
and presentations as follows:
a. At the August 3, 2021 meeting staff introduced the text and map amendment to the
Planning Commission. Page 14 of 74
Staff Member: Teague Date: September 23, 2021
Page 2 of 2
b. At the September 8, 2021 meeting staff presented additional modifications to the text
amendment and recapped staffs’ formal consultation with the aviation community
and the WSDOT Aviation Division.
Procedural Steps:
1. Pursuant to Revised Code of Washington (RCW) 36.70A, the text and map amendment
were transmitted to the Washington State Department of Commerce on August 5, 2021.
The 60-day notice period ends October 4, 2021.
2. The City’s formal consultation with the aviation community and WSDOT Aviation Division
was held on August 23, 2021.
3. A State Environmental Policy Act (SEPA) non-project environmental checklist was
prepared that evaluates the environmental impacts of the text and map amendment.
4. A SEPA Determination of Non-Significance (DNS), City File No. SEP21-0019, was
issued on September 1, 2021, and the City observed a fourteen-day public comment
period, which expired on September 15, 2021. No comments were received.
5. A Notice of Public Hearing (NOH) was issued on September 23, 2021. Pursuant to
Chapter 18.68 ACC, the following methods of noticing for the Planning Commission
public hearing were conducted:
a. The NOH was published in the Seattle Times on September 23, 2021.
b. The NOH was posted in three general public locations (City Hall, City Annex, the
Airport Office, and the City’s Public Land Use Notice webpage).
6. The NOH was also mailed to property owners within Compatibility Zones 1 – 5, and
property owners within Compatibility Zone 6 whose property is 1,000 feet of the LF
Airport Landing Field District zone.
STAFF RECOMMENDATION: Planning Commission to conduct a public hearing and
recommend the City Council to review and adopt the text amendment to the airport related
zoning regulations of Title 18, Auburn's Zoning Code, specifically Chapter 18.38 Auburn City
Code (ACC) "LF Airport Landing Field District", Chapter 18.01 ACC “User Guide”, Chapter
18.04 ACC "Definitions", and the map amendment, creating a new airport overlay on the Zoning
Map.
ATTACHMENTS:
Exhibit 1 – Airport Zoning Code Text Amendment (strikeout-underline version)
Exhibit 2 – Airport Zoning Code Text Amendment (clean version)
Exhibit 3 – Airport Overlay Map Amendment
Exhibit 4 – WSDOT City of Auburn Aviation Consultation Confirmation Letter
Page 15 of 74
ZOA20-0002 Page 1 of 20
Chapter 18.38
LF AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES
Sections:
18.38.010 Intent.
18.38.020 Purpose.
18.38.030020 LF Airport Landing Field District Permitted uUses.
18.38.040 LF Airport Landing Field District Development Standards.
18.38.050 Airport Overlay Intent and Boundary.
18.38.030 Restricted uses.
18.38.060040 Zones established generally.Airport Overlay Restrictions and Standards.
18.38.070 Federal Aviation Regulations Part 77 Surfaces and Other Surfaces.
18.38.050 Approach zone.
18.38.060 Transitional zone.
18.38.070 Horizontal zone.
18.38.080 Conical zone.
18.38.085 Obstacle free area.
18.38.090 Height limitations – Generally.
18.38.100 Height limitations – Noninstrument approach zone.
18.38.110 Height limitations – Transition zones.
18.38.120 Height limitations – Horizontal zones.
18.38.130 Height limitations – Conical zones.
18.38.080140 Nonconforming uUses, sStructures, and tTrees. – Continuation allowed when.
18.38.150 Nonconforming structures and trees – Marking and lighting.
18.38.160 Structure and use permits.
18.38.170 Nonconforming structures or trees – Alteration.
18.38.180 Nonconforming structures or trees – Abandoned or destroyed – Permit
prohibited.
18.38.090190 Requirements for vVariances.
18.38.200 Variance – Grant conditions.
18.38.100210 Decision aAppeals – Generally.
Page 16 of 74
ZOA20-0002 Page 2 of 20
18.38.110220 Conflicting Rregulations.
18.38.120230 Enforcement.
18.38.130240 Violation – Penalty.
18.38.250 Development standards.
18.38.010 Purpose.
The provisions of this chapter apply to lands located within the LF Airport Landing Field Zoning District,
Airport Zoning Overlay, and Federal Aviation Administration (FAA) Federal Regulation Title 14 Part 77
Imaginary Surfaces (FAR Part 77 Surfaces) and other Surfaces. The airport overlay and the FAR Part 77
Surfaces and other surfaces are supplemental to the existing zoning districts and may be more
restrictive than the underlying zoning designation. The restrictions, performance standards, and
requirements of the airport overlay shall be in addition to those of the underlying zone and, where
explicitly noted, supersede the underlying zoning. If implementation of this chapter conflicts with other
provisions of the City Code, State, or federal law, the more restrictive requirement applies.
18.38.010020 Intent.
The intent of this chapter is to provide for the operation and management of the Auburn Municipal
Airport. This chapter seeks to apply the City’s Comprehensive Plan and to implement certain land use
and zoning development standards to reduce or avoid potential for airport related hazards. It is found
that an airport hazard endangers the lives and property of users of the municipal airport and of
occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size
of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or
impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared
that:
A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region
served by the municipal airport;
B. It is necessary in the interest of the public health, public safety, and general welfare that the
creation or establishment of airport hazards be prevented; and
C. The prevention of these airport hazards should be accomplished, to the extent legally possible, by
the exercise of the police power without compensation. It is further declared that both the prevention
or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation
Page 17 of 74
ZOA20-0002 Page 3 of 20
or marking and lighting of existing airport hazards are public purposes for which political subdivisions
may raise and expend public funds and acquire land or interests in land. (Ord. 5026 § 1, 1997; Ord. 4229
§ 2, 1987.)
D. For the purpose of this chapter structure means any object constructed or installed by a human
being, including, but not limited to buildings, signs, fences, towers, devices, and overhead transmission
lines, and tree means any object of natural growth.
18.38.020030 LF Airport Landing Field District Permitted usesUses.
A. Permitted Uses. Hereafter the effective date of this ordinance all buildings, structures, or parcels of
land shall only be used for the following, unless otherwise provided for in this title:
1A. Landing, taking off, taxiing, and flying of aircraft, excluding ultralights as defined by ACC
8.36.010;
2B. Aviation related business, manufacturing, service-related uses including Bbusinesses incidental
to and necessary or convenient for airport operations, including offices, eating establishments,
restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory structures; and
3C. Other uses as determined by the Planning Director in consultation with the Airport Manager as
defined in Chapter 12.56 ACC hearing examiner to be related to operation and use of the airport.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.030 Restricted uses.
Restricted uses shall be as follows: no use may be made of land within any airport zone in such a manner
as to create electrical interference with radio communication between the airport and aircraft, making it
difficult for fliers using the airport, impair visibility in the vicinity thereof, or otherwise endanger the
landing, taking off or maneuvering of aircraft. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.040 LF Airport Landing Field District Zoning Development Standards.
Table 18.38.040 Development Standards
A Minimum lot area (square feet) None
B Minimum lot width None
Page 18 of 74
ZOA20-0002 Page 4 of 20
C Minimum lot depth None
D Minimum lot coverage None
E Maximum structure height 45 ft1 3
F Minimum front setback (feet) None2
G Minimum interior side setback (feet) None
H Minimum street side setback (feet) None2
I Minimum rear setback (feet) None2
J Fences See ACC 18.31.0203
K Landscaping See Chapter 18.50 ACC3
L Parking See Chapter 18.52 ACC
M Signs See Chapter 18.56 ACC3
N Outdoor lighting See Chapter 18.55 ACC3
1 Buildings and/or structures necessary for airport operations are exempt from the height requirements of this
title when approved by the Airport Manager.
2 Must meet sight distance provisions of the engineering design standards.
3 Except as restricted elsewhere by this chapter.
18.38.050 Airport Overlay Intent and Boundaries.
The purpose of the airport overlay, as identified on the City of Auburn Comprehensive Zoning Map, is to
protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring
the evaluation and consideration of potential safety impacts when siting certain land uses in proximity
to the airport. The airport overlay is supplemental to the established zoning districts and may be more
restrictive than the underlying zoning district. The overlay is composed of six zones based on use and
proximity to the airport runway. The zones were modeled after the WSDOT Aviation Airport
Compatibility Zones 1-6, and the Airport’s published traffic pattern.
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A. Zone 1 - Runway Overlay Zone. Zone 1 is a rectangular area that encompasses the trapezoidal runway
protection zone (RPZ) at each end of the runway as shown in the “Auburn Municipal Airport Master
Plan,” dated May 2015, as may be amended. The purpose of Zone 1 is to maintain areas that are
generally free of obstructions and significant concentrations of people. Zone 1 extends one thousand
(1,000) feet in length from the ends of the future configuration of Runway 34/16 and is seven hundred
and fifty (750) feet in width.
B. Zone 2 - Inner Safety Zone. Zone 2 is a rectangular area that extends beyond Zone 1 along the
extension of the runway centerline. Next to the Zone 1 it represents the area where the risk of aircraft
accidents is the greatest. This zone extends one thousand five hundred (1,500) feet from Zone 1 and is
seven hundred and fifty feet (750) in width.
C. Zone 3 – Inner Turning Zone. Zone 3 is defined by a triangular shaped area that is positioned along
each side of Zones 1 and 2. When operating visually, departing aircraft may begin turning over this area
to fly toward their destination or to remain in the traffic pattern. Arriving aircraft often overfly this area
as well. This zone extends three thousand (3,000) feet from the Zone 3 vertex offsets (a point that is on
the runway centerline) and inward within a thirty degree sector towards the extended runway
centerline.
D. Zone 4 - Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended
runway centerline. Aircraft flying straight out or in, overfly this area at low altitude. This zone is
particularly significant on runways where airport operations use instrument procedures and at busy
airports where elongated traffic patterns are common. This zone extends two thousand five hundred
(2,500) feet beyond Zone 3 and is five hundred (500) feet in width.
E. Zone 5 - Sideline Safety Zone. Zone 5 consists of narrow bands along each side of the runway and
encompasses the Object Free Area (OFA), as defined by the Airport Master Plan, dated 2015, as may be
amended). This zone is defined by a five hundred (500) foot centerline offset on each side of the
runway. Aircraft do not normally fly over the sideline zone. The principal risk is from aircraft that lose
directional control while landing or just after take off.
F. Zone 6 – Airport Operations Zone. Zone 6 contains the remainder of the airport environment where
aircraft fly as they approach and depart the airport. This zone extends six thousand five hundred (6,500)
feet in length from the Zone 3 vertex offsets and six thousand (6,000) feet in width from the runway
centerline.
ircraft
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18.38.060 Airport Overlay Restrictions and Standards.
A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2:
1. The following new uses established hereafter the effective date of this ordinance are prohibited in
Zones 1 and 2:
a. Multiple-family dwellings, stand-alone;
b. Mixed-Use development;
c. Nursing home;
d. Assisted living facility;
e. Supportive housing;
f. Hospitals;
g. Senior housing;
h. Schools, elementary, middle/junior high, and secondary or high school;
i. Daycare center and nursery schools/preschools;
j. Detached single-family dwellings, except caretakers quarters; and
k. Other uses, similar to those above, or activities determined by the Planning Director in
consultation with the Airport Manager to be incompatible with aviation, aviation safety, or
any activity that has the potential to interfere with the airport, airport traffic patterns, and
aircraft operations.
2. The following standards apply in Zones 1 and 2:
a. All property owners seeking permit(s) for grading (excluding minor grading permits),
building (exceed 50 percent of the value of the building or structure), extension or
replacement of public utilities, subdivision, or development activity that triggers public
improvements per Chapter 12.64A ACC, shall dedicate an avigation easement to the City of
Auburn over the affected portion of their property prior to issuance of said permit(s). The
language of the easement shall be provided by the City.
b. No use may create an electrical interference with navigational signals or radio
communications at the airport, or with radio or electronic communications between the
airport and aircraft, or aircraft to aircraft.
18.38.030 Restricted uses.
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c. Restricted uses shall be as follows:No structure or tree shall be placed, erected, or allowed
to grow no use may be made of land within any airport zone in such a manner as to create
electrical interference with radio communication between the airport and aircraft, that
makesing it difficult for fliers usingpilots the airport to distinguish between airport lights and
other lights, results in glare to pilots, impairs visibility in the vicinity thereof, or otherwise
endanger the landing, taking off or maneuvering of aircraft. (Ord. 5026 § 1, 1997; Ord. 4229
§ 2, 1987.)
b.d. No use or structure shall emit emissions of fly ash, dust, vapor, gases, steam, or other forms
of emissions that may conflict with any operations of the airport.
e. No use or activity shall be permitted that would foster an increase in bird population and
thereby increase the likelihood of aircraft and bird impact, as determined by the Planning
Director in consultation with the Airport Manager.
f. In order to deter the congregation of wildlife, stormwater facilities must meet or exceed
recommendations found in Appendix I-H, Airport Operations of the SWMM, as defined in
ACC 12.04.010(B).
B. Zone 3. The following regulations shall apply within the boundary of Zone 3:
1. The new uses contained in (A)(1) are prohibited in Zone 3.
2. The standards of (A)(2)(a) through (d) apply.
C. Zone 4. The following regulations shall apply with the boundary of Zone 4:
1. The standards of (A)(2)(a) through (d) apply.
D. Zone 5. The following regulations shall apply within the boundary of Zone 5:
1. The standards of (A)(2)(a) through (f) apply.
E. Zone 6. The following regulations shall apply within the boundary of Zone 6:
1. The standards of (A)(2)(b) and (c) apply.
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2. All property owners within 1,000 feet of properties zoned LF, Landing Field District seeking
permit(s) for grading (excluding minor grading permits), building (exceed 50 percent of the value
of the building or structure), extension or replacement of public utilities, subdivision, or
development activity that triggers public improvements per Chapter 12.64A ACC, shall record
aviation disclosure notice with the King County Recorder’s Office notifying, in writing, to future
owners and tenants prior to signing a lease or sale, of the possible affects from aviation
activities. The language of the notice shall be provided by the City.
18.38.040070 Federal Aviation Regulations (FAR) Part 77 Surfaces and Other
Surfaces. Zones established generally.
A. In order to carry out the provisionspurpose and intent of this chapter, there are created and
established certain zones surfaces, including: which include all of the land lying within the primary
surface, non-instrument approach surfacezone, transition surfacezone, horizontal surfacezone, conical
surfacezone, as well as the Terminal Instrument Procedures (TERPS) airspace surfaces. and obstacle
free areasThese. Such areas and zones surfaces, with exception of the TERPS, are shown on the “City of
Auburn Municipal Airport Master Plan Update, 1993-2013, dated February 1995, and the Federal Air
Regulations (FAR) Part 77 drawing, as amended, which is on file in the city clerk’s office. Other surfaces
not provided for here, are included in the “Auburn Municipal Airport Layout Plan”, dated May 2015, as
may be amended. The surfaces defined for the runway summarized below are consistent with the
currently adopted airport layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport.
The various zones are established and defined as follows in ACC 18.38.050 through 18.38.085. (Ord.
5026 § 1, 1997; Ord. 4229 § 2, 1987.)
1. Primary surface.
The primary surface, is centered on top of the runway and extends two hundred feet beyond each
end. The primary surface is longitudinally centered on the runway with a width of two hundred and
fifty (250) feet and extends two hundred (200) feet beyond each end of the runway. (Ord. 5026 § 1,
1997; Ord. 4229 § 2, 1987.) (250)(1,000)
18.38.0502. Approach zone.surface.
A non-instrument approach surface is established at each end of all non-instrument runways for
landings and takeoffs. The inner width of the approach surface is two hundred and fifty (250) feet
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at a distance of two hundred (200) feet beyond the physical end of the runway, and it expands
uniformly to a width of one thousand, and two hundred and fifty (1,250) feet. This approach
surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one
(20:1). The elevation of the inner width of the approach surface is the same as the elevation of the
nearest point on the runway centerline. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.0603. Transitional zone.surface.
The transitional surface extends outward and upward at right angles to the runway centerline and
the runway centerline extends at a slope of seven to one (7:1) from a line one hundred and twenty
five (125) feet from the runway centerline or runway end and from the sides of the approach
surfaces. The elevation of the line one hundred and twenty five (125) feet from the runway
centerline or runway centerline extended for two hundred (200) feet beyond each runway end is
the same as the elevation of the nearest point on the runway centerline. (Ord. 5026 § 1, 1997; Ord.
4229 § 2, 1987.)
18.38.0704. Horizontal zone.surface.
A horizontal surface is established above the airport. This horizontal surface is a plane one hundred
and fifty (150) feet above the established airport elevation, the perimeter of which is constructed
by swinging arcs which swing five thousand (5,000) feet in a radius from the center of each end of
the primary surface of the runway and connecting the adjacent arcs by lines tangent to those arcs.
The primary surface is longitudinally centered on the runway with a width of 250 feet and extends
200 feet beyond each end of the runway. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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18.38.0805. Conical zone.surface.
A conical surface is established which extends outward and upward from the periphery of the
horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand
(4,000) feet.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
6. Terminal Instrument Procedures (TERPS) Surfaces.
Airspace surfaces associated with instrument approach and departure of aircraft to and from the
ianairport as determined by the Airport Manager.
18.38.085 Obstacle free area.
An area extending 250 feet either side of the runway and 600 feet off either end of the runway. The
obstacle free area (OFA) must be kept clear of any structures, fencing, landscaping, parking, or
vehicular circulation not directly related to aircraft operations at the Auburn Municipal Airport.
(Ord. 5026 § 1, 1997.)
18.38.090B. Height limitations – Established Generally.
Except as otherwise provided in this chapter, no structure or tree shall be permitted, approved, erected,
altered, allowed to grow, or maintained in any zone surface created in this chapter to have a height in
excess of the height limits established in ACC 18.38.100 through 18.38.130 for such zonebelow.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.1001. Height limitations – Noninstrument approach zoneApproach Surface (Non-
instrument).
The height limitations for non-instrument approach surfaces begin at a point two hundred (200) feet
from and at the centerline elevation of the end of the runway and extend for a horizontal distance
of five thousand (5,000) feet at a slope of twenty to one (20:1). (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.1102. Height limitations – Transition zones.Transition surface.
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The height limitations for transition zones shall be as follows: One foot in height for each seven feet
in horizontal distance beginning at any point one hundred and twenty five (125) feet normal to and
at the elevation of the centerline of non-instrument runways, extending two hundred (200) feet
beyond each end thereof, extending to a height of one hundred and fifty (150) feet above the
airport elevation which is sixty three (63)59 feet above mean sea level. In addition to the foregoing,
there are established height limits of one foot vertical height for each seven feet horizontal distance
measured from the edges of all approach zones for the entire length of the approach zones and
extending upward and outward to the points where they intersect the horizontal or conical surfaces.
(Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.1203. Height limitations – Horizontal zonesHorizontal surface.
The height limitation for a horizontal zone shall be as follows: one hundred and fifty (150) feet
above the airport elevation or a height of two hundred and thirteen (213)209 feet above mean sea
level. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.1304. Height limitations – Conical zones.Conical surface.
The conical surface involves a slope of twenty to one (20:1) for a horizontal distance of four
thousand (4,000) feet. The relative difference in elevation between the inner and outer edge of the
conical surface is two hundred (200) feet. The elevation of the outer edge of the conical surface is
three hundred and fifty (350) 300 feet above the established airport elevation. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
C. Height limitations – Compliance. Where the height of any new structure or tree, has the potential to
exceed the surfaces established in ACC 18.38.070(A), applicants must demonstrate compliance with the
height limitation. Except as specifically provided in subsections A, B and C of this section, no material
change shall be made in the use of land and no structure or tree shall be erected, altered, planted or
otherwise established in any zone created by this chapter unless a permit has been applied for and
granted by the building department of the city. Each application for a permit shall indicate the purpose
for which the permit is desired, withcontain sufficient information to permit it to be determine d
whether the resulting use, structure or tree wouldwill conform to the regulations thereinherein
prescribed. If such determination is in the affirmative, the permit shall be granted
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1. The Planning Director in consultation with the Airport Manager may require one or all of the
following documentation to demonstrate compliance with the surfaces established in ACC
18.38.070(A):
a. A certificate from a Washington state licensed professional, engineer, or land surveyor,
stating that no airspace obstruction will result from the proposed structure or tree being
constructed or installed.
b. The maximum elevation of proposed structures based on the established airport elevation.
c. Prepare and submit FAA Form 7460 “Notice of Proposed Construction or Alteration”.
d. Other documentation as determined by the Airport Manager.
D. Height limitations – Mitigation and Maintenance. Where the height of any new structure or tree,
exceeds the surfaces established in ACC 18.38.070(A), applicants will be responsible for the following
mitigation and ongoing maintenance activities:
1. The Airport Manager may require the installation of markers and lights or markers as a warning to
aircraft. The markers and lights shall meet FAA specifications, be installed, operated, and maintained
at the expense of the owner of the structure. A public maintenance easement granting city access to
the markers and lights shall be required.
2. Trees shall be maintained such that they do not penetrate the airspace.
3. Exceptions may include the following:
a. Because of natural terrain, land contour, or topographic features, a structure or object
would extend above the height limits of each surface.
b. Structures necessary and incidental to airport operations.
18.38.08140 Nonconforming structures, trees, and uses. structures and trees –
Continuation allowed when.
A. Applicability. This section describes the circumstances in which a structure, tree, or use is considered
nonconforming and when nonconforming provisions apply. Any structure or tree that legally existed
prior to the regulations as of March 22, 1969 is considered nonconforming. Any use in ACC 18.38.030
that legally existed prior to the effective date of this ordinance is considered nonconforming. Any use in
ACC 18.38.060 that legally existed prior to the effective date of this ordinance is not considered
nonconforming. Nonconforming structures, trees, and uses are generally exempt from this chapter
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except as may be compelled by state or federal regulations or if it loses its nonconforming status
pursuant to the regulations contained in this section. The regulations prescribed by this chapter shall not
be construed to require the removal, lowering or other change or alteration of any structure or tree not
conforming to the regulations as of March 22, 1969, or otherwise interfere with the continuance of any
nonconforming use. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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18.38.150 Nonconforming structures and trees – B. Marking and lighting.
Notwithstanding the provisions of ACC 18.38.070(A) 18.38.140, the owner of any nonconforming
structure or tree is required to permit the installation, operation, and maintenance thereon of such
markers and lights as are deemed necessary by the Airport Manager to indicate to the operators of
aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and lights shall
meet FAA specifications, be installed at City cost to the City, and operated and maintained by the
cityCity.. A public maintenance easement agreement granting city access shall be required. (Ord. 5026
§ 1, 1997; Ord. 4229 § 2, 1987.)
C. Alteration. Alteration of nonconforming structures, trees, and uses are subject to the following
regulations.
1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or
relocated in accordance with the provisions of ACC 18.54.060. A nonconforming structure that is
restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as
established by the most current county assessor’s tax roll, relocated, enlarged, or added onto must
conform to ACC 18.38.070.
2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC.
3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A
nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC
18.56.030(J), must conform to ACC 18.38.070.
4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform
to ACC 18.38.070.
5. Notwithstanding the provisions of ACC 18.38.080(C)(1) through (4), . Nno permit shall be granted
that would allow the establishment or creation of an airport hazard or permit a nonconforming use,
structure, or tree to be made or become higher, or become a greater hazard to air navigation., than it
was on March 22, 1969, or than it is when the application for a permit is made. Except as indicated, all
applications for such a permit shall be granted. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC
18.54.070. Any tree that is diseased, decayed, dead, or dying must be removed, and if required,
replaced with tree that conforms to ACC 18.38.070.
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18.38.160 Structure and use permits.
Except as specifically provided in subsections A, B and C of this section, no material change shall be
made in the use of land and no structure or tree shall be erected, altered, planted or otherwise
established in any zone created by this chapter unless a permit has been applied for and granted by the
building department of the city. Each application for a permit shall indicate the purpose for which the
permit is desired, with sufficient information to permit it to be determined whether the resulting use,
structure or tree would conform to the regulations therein prescribed. If such determination is in the
affirmative, the permit shall be granted.
A. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be
required for any tree or structure less than 75 feet of vertical height above the ground, except when
because of terrain, land contour or topographic features such tree or structure would extend above the
height limits prescribed for such zone.
B. In the area lying within the limits of the noninstrument approach surface but at a horizontal distance
of not less than 5,000 feet from a point 200 feet from each end of the runway, no permit shall be
required for any tree or structure less than 75 feet of vertical height above the ground, except when
such trees or structures would extend above the height limit prescribed for such noninstrument
approach zone.
C. The transitional surface does not extend beyond the perimeter of the horizontal surface. (Ord. 5026
§ 1, 1997; Ord. 4229 § 2, 1987.)
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18.38.170 Nonconforming structures or trees – Alteration.
A. Before any nonconforming structure or tree may be replaced, substantially altered or repaired,
rebuilt, allowed to grow higher or replanted, a permit must be secured from the
airport manager and, if applicable, the building official.
B. No permit shall be granted that would allow the establishment or creation of an airport hazard or
permit a nonconforming use, structure or tree to be made or become higher, or
become a greater hazard to air navigation, than it was on March 22, 1969, or than it is
when the application for a permit is made. Except as indicated, all applications for such
a permit shall be granted. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.180 Nonconforming structures or trees – Abandoned or destroyed –
Permit prohibited.
Whenever the airport manager determines that a nonconforming structure or tree has been abandoned
or more than 80 percent torn down, physically deteriorated or decayed, no permit
shall be granted that would allow such structure or tree to exceed the applicable
height limit or otherwise deviate from the zoning regulations. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
18.38.190090 Variances. Requirements for variances.
A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure, or
permit the growth of any tree, or use their property, not in accordance with the regulations prescribed
in this chapter, the variance shall be subject to the criteria contained in ACC 18.70.010 and processed
according to the applicable provisions of Chapter 18.70 ACC. Any person desiring to erect or increase the
height of any structure, or permit the growth of any tree, or use their property, not in accordance with
the regulations prescribed in this chapter, may apply to the hearing examiner for a variance from such
regulation. Such variances shall be allowed where it is duly found that a literal application or
enforcement of the regulation should result in practical difficulty or unnecessary hardship and the relief
granted would not be contrary to the public interest but will do substantial justice and be in accordance
with the spirit of this chapter. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.200 Variance – Grant conditions.
B. Approval conditions. Any variance granted may, if such action is deemed advisable to effectuate the
purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the
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owner of the structure or tree requesting a variance to install, operate and maintain at their own
expense such markers and lights as determined by the Airport Manager may be necessary to indicate to
aircraft operatorsfliers the presence of an airport hazard. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.210100 Decision appeals – Generally.
Any person aggrieved, or any property ownertaxpayer affected, by any decision of the city made in its
administration of this chapter may appeal to the hearing examiner. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.220110 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and
any other regulations applicable to the same area, whether the conflict is with respect to the height of
structures or trees, the use of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.230120 Enforcement.
It shall be the duty of the airport manager and building officialDepartment of Public Works and the
Department of Community Development to administer and enforce the regulations prescribed in this
chapter. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.240130 Violation – Penalty.
Each violation of this chapter or of any regulation, order or ruling promulgated under this chapter
constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation
continues to exist constitutes a separate offense. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.250 Development standards.
Development standards in a LF district are as follows:
A. Minimum lot area: none required;
B. Minimum lot width: none required;
C. Minimum lot depth: none required;
D. Maximum lot coverage: none required;
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E. Maximum building height: 45 feet, except as restricted elsewhere by this chapter;
F. Minimum yard setbacks:
1. Front: 20 feet,
2. Side, interior: none required,
3. Side, street: 15 feet,
4. Rear: none required;
G. Fences and hedges: see Chapter 18.31 ACC;
H. Parking: see Chapter 18.52 ACC;
I. Landscaping: see Chapter 18.50 ACC;
J. Signs: see Chapter 18.56 ACC. (Ord. 5777 § 1, 2003; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
Chapter 18.01
USER GUIDE
18.01.030 How do I determine what uses are allowed on a particular property?
The first step in determining allowed uses is verifying the zoning on the property, which can be done by
speaking with city of Auburn planning department staff or by consulting the city’s official zoning map.
When verifying a property’s zoning, it is also important to note any overlays that may be marked on the
zoning map. Overlays may have additional requirements or otherwise modify the allowed uses and
development standards for a zone. The overlay Rregulations for overlays , such as those established for
Lea Hill, West Hill, and designated urban separator areas, are contained in Chapter 18.21 ACC, and for
the airport are contained in Chapter 18.38 ACC..
The sections devoted to particular zones described on the zoning map form the framework of the zoning
code. Each of these sections contains the intent statement for the particular zone, a table of allowed
uses, as well as tables for dimensional standards (building height, setbacks, and lot coverage) and cross-
references to other standards such as landscaping and parking requirements. It is important to note that
each section contains only regulations that apply specifically to that zone, and development standards
that apply to all zones are addressed through cross-references to other chapters of the zoning code.
(Ord. 6245 § 1, 2009.)
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Chapter 18.04
DEFINITIONS
18.04.039 Aircraft Operations.
The movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing
or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations.
18.04.072 Airport Manager.
See definition in Chapter 12.56 ACC.
18.04.040 Airport, heliport or aircraft landing field.
“Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether
publicly or privately owned or operated, and which is designed, used or intended to be used either by
public carriers or by private aircraft for landing and taking off of aircraft, including ultralights as defined
by ACC 8.36.010. This definition includes all necessary taxiways, aircraft storage and tie-down areas,
hangars and other necessary buildings and open spaces. This definition does not include manufacturing,
servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing
or testing of commercial or military aircraft or activities associated therewith
18.04.365 FAR Part 77 Surfaces.
The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 Surfaces are the
imaginary airspace surfaces established with any relation to each runway of an airport. There are five
types of surfaces: (1) primary, (2) approach, (3) transitional, (4) horizontal, and (5) conical. These
surfaces are above and around airports and require protection from potential obstructions that might
interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the
ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is
considered to penetrate the FAR Part 77 Surfaces and constitute an obstruction to navigable airspace.
Navigable airspace is defined by the FAA pursuant to Title 14 Code of Federal Regulations Part 77,
Imaginary Surfaces.
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18.04.676.1 Overlay Zone. “Overlay zone” is supplemental to the underlying zoning district and may
establish additional or stricter standards and criteria for properties in addition to those of the underling
zoning district.
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Chapter 18.38
LF AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES
Sections:
18.38.010 Intent.
18.38.020 Purpose.
18.38.030 LF Airport Landing Field District Permitted Uses.
18.38.040 LF Airport Landing Field District Development Standards.
18.38.050 Airport Overlay Intent and Boundary.
18.38.060 Airport Overlay Restrictions and Standards.
18.38.070 Federal Aviation Regulations Part 77 Surfaces and Other Surfaces.
18.38.080 Nonconforming Uses, Structures, and Trees.
18.38.090 Variances.
18.38.100 Decision Appeals – Generally.
18.38.110 Conflicting Regulations.
18.38.120 Enforcement.
18.38.130 Violation – Penalty.
18.38.010 Purpose.
The provisions of this chapter apply to lands located within the LF Airport Landing Field Zoning District,
Airport Zoning Overlay, and Federal Aviation Administration (FAA) Federal Regulation Title 14 Part 77
Imaginary Surfaces (FAR Part 77 Surfaces) and other Surfaces. The airport overlay and the FAR Part 77
Surfaces and other surfaces are supplemental to the existing zoning districts and may be more
restrictive than the underlying zoning designation. The restrictions, performance standards, and
requirements of the airport overlay shall be in addition to those of the underlying zone and, where
explicitly noted, supersede the underlying zoning. If implementation of this chapter conflicts with other
provisions of the City Code, State, or federal law, the more restrictive requirement applies.
18.38.020 Intent.
The intent of this chapter is to apply the City’s Comprehensive Plan and to implement certain land use
and zoning development standards to reduce or avoid potential for airport related hazards. It is found
that an airport hazard endangers the lives and property of users of the municipal airport and of
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occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size
of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or
impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared
that:
A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region
served by the municipal airport;
B. It is necessary in the interest of the public health, public safety, and general welfare that the
creation or establishment of airport hazards be prevented; and
C. The prevention of these airport hazards should be accomplished, to the extent legally possible, by
the exercise of the police power without compensation. It is further declared that both the prevention
or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation
or marking and lighting of existing airport hazards are public purposes for which political subdivisions
may raise and expend public funds and acquire land or interests in land. (Ord. 5026 § 1, 1997; Ord. 4229
§ 2, 1987.)
D. For the purpose of this chapter structure means any object constructed or installed by a human
being, including, but not limited to buildings, signs, fences, towers, devices, and overhead transmission
lines, and tree means any object of natural growth.
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18.38.030 LF Airport Landing Field District Uses.
A. Permitted Uses. Hereafter the effective date of this ordinance all buildings, structures, or parcels of
land shall only be used for the following, unless otherwise provided for in this title:
1. Landing, taking off, taxiing, and flying of aircraft;
2. Aviation related business, manufacturing, service-related uses including businesses incidental to
and necessary or convenient for airport operations, including offices, eating establishments,
restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory structures; and
3. Other uses as determined by the Planning Director in consultation with the Airport Manager as
defined in Chapter 12.56 ACC to be related to operation and use of the airport. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
18.38.040 LF Airport Landing Field District Zoning Development Standards.
Table 18.38.040 Development Standards
A Minimum lot area (square feet) None
B Minimum lot width None
C Minimum lot depth None
D Minimum lot coverage None
E Maximum structure height 45 ft1 3
F Minimum front setback (feet) None2
G Minimum interior side setback (feet) None
H Minimum street side setback (feet) None2
I Minimum rear setback (feet) None2
J Fences See ACC 18.31.0203
K Landscaping See Chapter 18.50 ACC3
L Parking See Chapter 18.52 ACC
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M Signs See Chapter 18.56 ACC3
N Outdoor lighting See Chapter 18.55 ACC3
1 Buildings and/or structures necessary for airport operations are exempt from the height requirements of this
title when approved by the Airport Manager.
2 Must meet sight distance provisions of the engineering design standards.
3 Except as restricted elsewhere by this chapter.
18.38.050 Airport Overlay Intent and Boundaries.
The purpose of the airport overlay, as identified on the City of Auburn Comprehensive Zoning Map, is to
protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring
the evaluation and consideration of potential safety impacts when siting certain land uses in proximity
to the airport. The airport overlay is supplemental to the established zoning districts and may be more
restrictive than the underlying zoning district. The overlay is composed of six zones based on use and
proximity to the airport runway. The zones were modeled after the WSDOT Aviation Airport
Compatibility Zones 1-6, and the Airport’s published traffic pattern.
A. Zone 1 - Runway Overlay Zone. Zone 1 is a rectangular area that encompasses the trapezoidal runway
protection zone (RPZ) at each end of the runway as shown in the “Auburn Municipal Airport Master
Plan,” dated May 2015, as may be amended. The purpose of Zone 1 is to maintain areas that are
generally free of obstructions and significant concentrations of people. Zone 1 extends one thousand
(1,000) feet in length from the ends of the future configuration of Runway 34/16 and is seven hundred
and fifty (750) feet in width.
B. Zone 2 - Inner Safety Zone. Zone 2 is a rectangular area that extends beyond Zone 1 along the
extension of the runway centerline. Next to the Zone 1 it represents the area where the risk of aircraft
accidents is the greatest. This zone extends one thousand five hundred (1,500) feet from Zone 1 and is
seven hundred and fifty feet (750) in width.
C. Zone 3 – Inner Turning Zone. Zone 3 is defined by a triangular shaped area that is positioned along
each side of Zones 1 and 2. When operating visually, departing aircraft may begin turning over this area
to fly toward their destination or to remain in the traffic pattern. Arriving aircraft often overfly this area
as well. This zone extends three thousand (3,000) feet from the Zone 3 vertex offsets (a point that is on
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the runway centerline) and inward within a thirty degree sector towards the extended runway
centerline.
D. Zone 4 - Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended
runway centerline. Aircraft flying straight out or in, overfly this area at low altitude. This zone is
particularly significant on runways where airport operations use instrument procedures and at busy
airports where elongated traffic patterns are common. This zone extends two thousand five hundred
(2,500) feet beyond Zone 3 and is five hundred (500) feet in width.
E. Zone 5 - Sideline Safety Zone. Zone 5 consists of narrow bands along each side of the runway and
encompasses the Object Free Area (OFA), as defined by the Airport Master Plan, dated 2015, as may be
amended. This zone is defined by a five hundred (500) foot centerline offset on each side of the runway.
Aircraft do not normally fly over the sideline zone. The principal risk is from aircraft that lose directional
control while landing or just after takeoff.
F. Zone 6 – Airport Operations Zone. Zone 6 contains the remainder of the airport environment where
aircraft fly as they approach and depart the airport. This zone extends six thousand five hundred (6,500)
feet in length from the Zone 3 vertex offsets and six thousand (6,000) feet in width from the runway
centerline.
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18.38.060 Airport Overlay Restrictions and Standards.
A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2:
1. The following new uses established hereafter the effective date of this ordinance are prohibited in
Zones 1 and 2:
a. Multiple-family dwellings, stand-alone;
b. Mixed-Use development;
c. Nursing home;
d. Assisted living facility;
e. Supportive housing;
f. Hospitals;
g. Senior housing;
h. Schools, elementary, middle/junior high, and secondary or high school;
i. Daycare center and nursery schools/preschools;
j. Detached single-family dwellings, except caretakers quarters; and
k. Other uses, similar to those above, or activities determined by the Planning Director in
consultation with the Airport Manager to be incompatible with aviation, aviation safety, or
any activity that has the potential to interfere with the airport, airport traffic patterns, and
aircraft operations.
2. The following standards apply in Zones 1 and 2:
a. All property owners seeking permit(s) for grading (excluding minor grading permits),
building (exceed 50 percent of the value of the building or structure), extension or
replacement of public utilities, subdivision, or development activity that triggers public
improvements per Chapter 12.64A ACC, shall dedicate an avigation easement to the City of
Auburn over the affected portion of their property prior to issuance of said permit(s). The
language of the easement shall be provided by the City.
b. No use may create an electrical interference with navigational signals or radio
communications at the airport, or with radio or electronic communications between the
airport and aircraft, or aircraft to aircraft.
c. No structure or tree shall be placed, erected, or allowed to grow that makes it difficult for
pilots to distinguish between airport lights and other lights, results in glare to pilots, impairs
visibility in the vicinity thereof, or otherwise endanger the landing, taking off or
maneuvering of aircraft.
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d. No use or structure shall emit emissions of fly ash, dust, vapor, gases, steam, or other forms
of emissions that may conflict with any operations of the airport.
e. No use or activity shall be permitted that would foster an increase in bird population and
thereby increase the likelihood of aircraft and bird impact, as determined by the Planning
Director in consultation with the Airport Manager.
f. In order to deter the congregation of wildlife, stormwater facilities must meet or exceed
recommendations found in Appendix I-H, Airport Operations of the SWMM, as defined in
ACC 12.04.010(B).
B. Zone 3. The following regulations shall apply within the boundary of Zone 3:
1. The new uses contained in (A)(1) are prohibited in Zone 3.
2. The standards of (A)(2)(a) through (d) apply.
C. Zone 4. The following regulations shall apply with the boundary of Zone 4:
1. The standards of (A)(2)(a) through (d) apply.
D. Zone 5. The following regulations shall apply within the boundary of Zone 5:
1. The standards of (A)(2)(a) through (f) apply.
E. Zone 6. The following regulations shall apply within the boundary of Zone 6:
1. The standards of (A)(2)(b) and (c) apply.
2. All property owners within 1,000 feet of properties zoned LF, Landing Field District seeking
permit(s) for grading (excluding minor grading permits), building (exceed 50 percent of the value
of the building or structure), extension or replacement of public utilities, subdivision, or
development activity that triggers public improvements per Chapter 12.64A ACC, shall record
aviation disclosure notice with the King County Recorder’s Office notifying, in writing, to future
owners and tenants prior to signing a lease or sale, of the possible affects from aviation
activities. The language of the notice shall be provided by the City.
18.38.070 Federal Aviation Regulations (FAR) Part 77 Surfaces and Other Surfaces.
A. In order to carry out the purpose and intent of this chapter, there are created and established certain
surfaces, including: all of the land lying within the primary surface, non-instrument approach surface,
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transition surface, horizontal surface, conical surface, as well as the Terminal Instrument Procedures
(TERPS) airspace surfaces. These surfaces, with exception of the TERPS, are shown on the FAR Part 77
drawing, as amended, which is on file in the city clerk’s office. Other surfaces not provided for here, are
included in the “Auburn Municipal Airport Layout Plan”, dated May 2015, as may be amended. The
surfaces defined for the runway summarized below are consistent with the currently adopted airport
layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport.
1. Primary surface. The primary surface, is centered on top of the runway and extends two hundred
feet beyond each end. The primary surface is longitudinally centered on the runway with a width of
two hundred and fifty (250) feet and extends two hundred (200) feet beyond each end of the
runway. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
2. Approach surface. A non-instrument approach surface is established at each end of all non-
instrument runways for landings and takeoffs. The inner width of the approach surface is two
hundred and fifty (250) feet at a distance of two hundred (200) feet beyond the physical end of the
runway, and it expands uniformly to a width of one thousand, two hundred and fifty (1,250) feet.
This approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of
twenty to one (20:1). The elevation of the inner width of the approach surface is the same as the
elevation of the nearest point on the runway centerline. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
3. Transitional surface. The transitional surface extends outward and upward at right angles to the
runway centerline and the runway centerline extends at a slope of seven to one (7:1) from a line
one hundred and twenty five (125) feet from the runway centerline or runway end and from the
sides of the approach surfaces. The elevation of the line one hundred and twenty five (125) feet
from the runway centerline or runway centerline extended for two hundred (200) feet beyond each
runway end is the same as the elevation of the nearest point on the runway centerline. (Ord. 5026
§ 1, 1997; Ord. 4229 § 2, 1987.)
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4. Horizontal surface. A horizontal surface is established above the airport. This horizontal surface is
a plane one hundred and fifty (150) feet above the established airport elevation, the perimeter of
which is constructed by arcs which swing five thousand (5,000) feet in a radius from the center of
each end of the primary surface of the runway and connecting the adjacent arcs by lines tangent to
those arcs. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
5. Conical surface. A conical surface is established which extends outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of
four thousand (4,000) feet.
6. Terminal Instrument Procedures (TERPS) Surfaces. Airspace surfaces associated with instrument
approach and departure of aircraft to and from the airport as determined by the Airport Manager.
B. Height limitations – Established. Except as otherwise provided in this chapter, no structure or tree
shall be permitted, approved, erected, altered, allowed to grow, or maintained in any surface created in
this chapter to have a height in excess of the height limits established below.
1. Approach Surface (Non-instrument). The height limitations for non-instrument approach surfaces
begin at a point two hundred (200) feet from and at the centerline elevation of the end of the
runway and extend for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one
(20:1). (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
2. Transition surface. The height limitations for transition zones shall be as follows: One foot in
height for each seven feet in horizontal distance beginning at any point one hundred and twenty five
(125) feet normal to and at the elevation of the centerline of non-instrument runways, extending
two hundred (200) feet beyond each end thereof, extending to a height of one hundred and fifty
(150) feet above the airport elevation which is sixty three (63) feet above mean sea level. In addition
to the foregoing, there are established height limits of one foot vertical height for each seven feet
horizontal distance measured from the edges of all approach zones for the entire length of the
approach zones and extending upward and outward to the points where they intersect the
horizontal or conical surfaces. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
3. Horizontal surface. The height limitation for a horizontal zone shall be as follows: one hundred
and fifty (150) feet above the airport elevation or a height of two hundred and thirteen (213) feet
above mean sea level. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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4. Conical surface. The conical surface involves a slope of twenty to one (20:1) for a horizontal
distance of four thousand (4,000) feet. The relative difference in elevation between the inner and
outer edge of the conical surface is two hundred (200) feet. The elevation of the outer edge of the
conical surface is three hundred and fifty (350) feet above the established airport elevation. (Ord.
5026 § 1, 1997; Ord. 4229 § 2, 1987.)
C. Height limitations – Compliance. Where the height of any new structure or tree, has the potential to
exceed the surfaces established in ACC 18.38.070(A), applicants must demonstrate compliance with the
height limitation. Each application for a permit shall contain sufficient information to determine
whether the resulting structure or tree will conform to the regulations herein prescribed.
1. The Planning Director in consultation with the Airport Manager may require one or all of the
following documentation to demonstrate compliance with the surfaces established in ACC
18.38.070(A):
a. A certificate from a Washington state licensed professional, engineer, or land surveyor,
stating that no airspace obstruction will result from the proposed structure or tree being
constructed or installed.
b. The maximum elevation of proposed structures based on the established airport elevation.
c. Prepare and submit FAA Form 7460 “Notice of Proposed Construction or Alteration”.
d. Other documentation as determined by the Airport Manager.
D. Height limitations – Mitigation and Maintenance. Where the height of any new structure or tree,
exceeds the surfaces established in ACC 18.38.070(A), applicants will be responsible for the following
mitigation and ongoing maintenance activities:
1. The Airport Manager may require the installation of markers and lights or markers as a warning to
aircraft. The markers and lights shall meet FAA specifications, be installed, operated, and maintained
at the expense of the owner of the structure. A public maintenance easement granting city access to
the markers and lights shall be required.
2. Trees shall be maintained such that they do not penetrate the airspace.
3. Exceptions may include the following:
a. Because of natural terrain, land contour, or topographic features, a structure or object
would extend above the height limits of each surface.
b. Structures necessary and incidental to airport operations.
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18.38.080 Nonconforming structures, trees, and uses.
A. Applicability. This section describes the circumstances in which a structure, tree, or use is considered
nonconforming and when nonconforming provisions apply. Any structure or tree that legally existed
prior to the regulations as of March 22, 1969 is considered nonconforming. Any use in ACC 18.38.030
that legally existed prior to the effective date of this ordinance is considered nonconforming. Any use in
ACC 18.38.060 that legally existed prior to the effective date of this ordinance is not considered
nonconforming. Nonconforming structures, trees, and uses are generally exempt from this chapter
except as may be compelled by state or federal regulations or if it loses its nonconforming status
pursuant to the regulations contained in this section.
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B. Marking and lighting. Notwithstanding the provisions of ACC 18.38.070(A), the owner of any
nonconforming structure or tree is required to permit the installation, operation, and maintenance
thereon of such markers and lights as are deemed necessary by the Airport Manager to indicate to the
operators of aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and
lights shall meet FAA specifications, be installed at City cost, and operated and maintained by the City. A
public maintenance easement agreement granting city access shall be required. (Ord. 5026 § 1, 1997;
Ord. 4229 § 2, 1987.)
C. Alteration. Alteration of nonconforming structures, trees, and uses are subject to the following
regulations.
1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or
relocated in accordance with the provisions of ACC 18.54.060. A nonconforming structure that is
restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as
established by the most current county assessor’s tax roll, relocated, enlarged, or added onto must
conform to ACC 18.38.070.
2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC.
3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A
nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC
18.56.030(J), must conform to ACC 18.38.070.
4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform
to ACC 18.38.070.
5. Notwithstanding the provisions of ACC 18.38.080(C)(1) through (4), no permit shall be granted that
would allow the establishment or creation of an airport hazard or permit a nonconforming use,
structure, or tree to be made or become higher, or become a greater hazard to air navigation.
D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC
18.54.070. Any tree that is diseased, decayed, dead, or dying must be removed, and if required,
replaced with tree that conforms to ACC 18.38.070.
18.38.090 Variances.
A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure, or
permit the growth of any tree, or use their property, not in accordance with the regulations prescribed
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in this chapter, the variance shall be subject to the criteria contained in ACC 18.70.010 and processed
according to the applicable provisions of Chapter 18.70 ACC.
B. Approval conditions. Any variance granted may, if such action is deemed advisable to effectuate the
purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree requesting a variance to install, operate and maintain at their own
expense such markers and lights as determined by the Airport Manager to indicate to aircraft operators
the presence of an airport hazard. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.100 Decision appeals – Generally.
Any person aggrieved, or any property owner affected, by any decision of the city made in its
administration of this chapter may appeal to the hearing examiner. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.110 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and
any other regulations applicable to the same area, whether the conflict is with respect to the height of
structures or trees, the use of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.38.120 Enforcement.
It shall be the duty of the Department of Public Works and the Department of Community Development
to administer and enforce the regulations prescribed in this chapter. (Ord. 5026 § 1, 1997; Ord. 4229 § 2,
1987.)
18.38.130 Violation – Penalty.
Each violation of this chapter or of any regulation, order or ruling promulgated under this chapter
constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation
continues to exist constitutes a separate offense. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
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Chapter 18.01
USER GUIDE
18.01.030 How do I determine what uses are allowed on a particular property?
The first step in determining allowed uses is verifying the zoning on the property, which can be done by
speaking with city of Auburn planning department staff or by consulting the city’s official zoning map.
When verifying a property’s zoning, it is also important to note any overlays that may be marked on the
zoning map. Overlays may have additional requirements or otherwise modify the allowed uses and
development standards for a zone. The overlay regulations established for Lea Hill, West Hill, and
designated urban separator areas, are contained in Chapter 18.21 ACC, and for the airport are contained
in Chapter 18.38 ACC.
The sections devoted to particular zones described on the zoning map form the framework of the zoning
code. Each of these sections contains the intent statement for the particular zone, a table of allowed
uses, as well as tables for dimensional standards (building height, setbacks, and lot coverage) and cross-
references to other standards such as landscaping and parking requirements. It is important to note that
each section contains only regulations that apply specifically to that zone, and development standards
that apply to all zones are addressed through cross-references to other chapters of the zoning code.
(Ord. 6245 § 1, 2009.)
Chapter 18.04
DEFINITIONS
18.04.039 Aircraft Operations.
The movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing
or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations.
18.04.072 Airport Manager.
See definition in Chapter 12.56 ACC.
18.04.040 Airport, heliport or aircraft landing field.
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“Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether
publicly or privately owned or operated, and which is designed, used or intended to be used either by
public carriers or by private aircraft for landing and taking off of aircraft. This definition includes all
necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and
open spaces. This definition does not include manufacturing, servicing or testing facilities located in the
vicinity of any landing area associated with the manufacturing or testing of commercial or military
aircraft or activities associated therewith
18.04.365 FAR Part 77 Surfaces.
The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 Surfaces are the
imaginary airspace surfaces established with any relation to each runway of an airport. There are five
types of surfaces: (1) primary, (2) approach, (3) transitional, (4) horizontal, and (5) conical. These
surfaces are above and around airports and require protection from potential obstructions that might
interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the
ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is
considered to penetrate the FAR Part 77 Surfaces and constitute an obstruction to navigable airspace.
Navigable airspace is defined by the FAA pursuant to Title 14 Code of Federal Regulations Part 77,
Imaginary Surfaces.
18.04.676.1 Overlay Zone. “Overlay zone” is supplemental to the underlying zoning district and may
establish additional or stricter standards and criteria for properties in addition to those of the underling
zoning district.
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September 3, 2021
City of Auburn
25 West Main Street
Auburn, WA 98002
RE: City of Auburn Aviation Consultation
Dear Alexandria Teague:
This correspondence is to confirm that the City of Auburn has formally consulted with
the Washington State Department of Transportation (WSDOT) Aviation Division
regarding the comprehensive plan update. WSDOT appreciates the city’s efforts and
recognizes the substantial time and resources this represents.
RCW 36.70.547 and 36.70A.510 requires local jurisdictions to formally consult with
airport owners, managers, private airport operators, general aviation pilots, ports, and
the Aviation Division of WSDOT prior to adoption of comprehensive plan policies or
development of regulations that may affect property adjacent to public use airports. The
main goals of the formal consultation are to avoid, minimize, and resolve potential
land use conflicts with airports through the comprehensive plan and development of
regulations. WSDOT recommends that local jurisdictions initiate formal consultation as
early as possible in the planning process. This is to assure that all parties have an
opportunity to work together to find comprehensive solutions of mutual benefit that
fulfill the intent of the legislation, consistent with local jurisdictions’ land use planning
authorities and obligations under law.
The following is a general summary of recommendations discussed during the formal
consultation meeting:
− The City of Auburn with the support of WSDOT Aviation has commited to
implementing airport compatibility zoning to prevent incompatible land use
near the airport.
− WSDOT Aviation is available for consultation and technical guidance.
We appreciate the City of Auburn’s commitment to working with stakeholders to
achieve a compatible outcome and adopt zoning to protect the Auburn Municipal
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Airport. It is critical that every effort be made to discourage incompatible land uses that
impair the airport’s ability to operate as an essential public facility. We thank you again
for the opportunity to comment, and remain available to formally consult and provide
technical assistance. Please don’t hesitate to contact me at 360-890-5258 or
max.platts@wsdot.wa.gov if you have any questions.
Sincerely,
T.S. “Max” Platts
Aviation Planner
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Annual Comprehensive Plan Amendments
Date:
September 23, 2021
Department:
Community Development
Attachments:
Comp Plan Memo to PC
Comp Plan Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:October 5, 2021 Item Number:
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Memorandum
To: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
From: Josh Steiner, Senior Long Range Planner, Comm. Dev. Dept.
Jeff Dixon, Planning Services Manager, Comm. Dev. Dept.
Date: September 21, 2021
Re: 2021 Annual Comprehensive Plan Amendments – Working Binder & October 5th Mtg.
As part of the 2021 Comprehensive Plan Amendment process, staff prepared a working binder
for use by the Planning Commissioners during their consideration of the proposed annual
comprehensive plan amendments.
WORKING BINDER OVERVIEW
Staff has prepared the 2021 Comprehensive Plan Amendment Working Binder with the
following information:
• Introductory/Front Section:
o Index to binder contents,
o Proposed Updated Schedule, &
o Comprehensive Plan Amendment Docket
• Tab 1: Staff Reports and presentations– the staff report that is provided will be used for
the upcoming public hearing. Presentation materials for the September 8th, 2021
Planning Commission meeting are also provided.
• Tab 2: Environmental Review – the environmental checklists and SEPA determinations
for the proposed amendments.
• Tab 3: General Info. and Correspondence – correspondence related to the amendment
process and public notices.
• Tab 4: Comprehensive Plan Policy/Text Amendments – includes the 4 school district
Capital Facilities Plans, the City’s Capital Facilities Plan, and policy/text amendments to
individual comprehensive plan elements
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• Tab 5: Comprehensive Plan Map Amendments – includes city-initiated map
amendments.
DISCUSSION
At the October 5, 2021 Planning Commission meeting, staff would like to briefly review and
discuss the first group of docket items consisting of:
Group #1 - City Initiated Comprehensive Plan Text Amendments (CPA21-0001) (each
capital facilities plan is to be adopted and incorporated by reference)
• P/T #1 – Auburn School District Capital Facilities Plan
• P/T #2 – Dieringer School District Capital Facilities Plan
• P/T #3 – Federal Way School District Capital Facilities Plan
• P/T #4 – Kent School District Capital Facilities Plan
• P/T #5 – City of Auburn (COA) Capital Facilities Plan
• P/T #6 – Volume 3, Capital Facilities Element. Water is in the process of applying
for an extension of their Comprehensive Water Plan (separate document
incorporated by reference) effective to 2026 through the Washington State
Department of Health, at which time a full update will be completed. Water
believes this request is valid because the capital projects, water demands, and
population growth projections presented in the current Water System Plan are
still accurate projections of the City’s current planning efforts.
• No text changes to the Capital Facilities Element are needed, although the
referenced Comprehensive Water Plan in Policy CF-13 is expected to be
updated by 2024 with current data as part of the Periodic Update.
• P/T #7 –Volume 5, Transportation Element (Separate document incorporated by
reference). Changes in the Transportation Element consist of the following:
• Update Transportation Improvement Program (TIP) information/project list;
• Re-designate one project from Comprehensive Plan list to the (TIP) list to
maintain continuity in the future transportation network conditions;
• Update maps as needed to reflect current data and conditions (addressed by
CMP #1, below);
• Additional minor changes will relate to grammar, punctuation, choice of
words, references, etc.
• P/T #8 – Volume 2, Housing Element. The City adopted a Housing Action Plan
(HAP) in July 2021, which was also presented to the Planning Commission in
February and June 2021 by City staff. The HAP provides recommendations on
policies and code changes to implement HAP strategies. The proposed policy
revision allows for better alignment with PSRC Vision 2050 policy MPP-H-11
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which addresses supporting identification of potential physical, economic, and
cultural displacement, and mitigating to the extent feasible.
• Include reference and brief description of Housing Action Plan in Conditions
and Trends section beginning on page H-1 of the Housing Element.
• Revise Policy H-24(f) to include text regarding minimizing displacement
impacts. The revision of this policy will better align with PSRC Vision 2050’s
recognition of displacement risk. Revising this policy allows for alignment with
PSRC requirements in advance of the 2024 Periodic Update.
• Address text formatting for Policy H-24 sub-policies
• P/T #9 – Volume 1, Land Use Element and Volume 5. The City adopted a
Housing Action Plan (HAP) in July 2021, which was also presented to the
Planning Commission in February and June 2021 by City staff. The HAP
provides recommendations on policies and code changes to implement HAP
strategies. One such policy is located in the Land Use Element (additional detail
below).
• Revise Policy LU-39 to include affordable housing and mixed-income
development. In addition to allowing additional height or density in exchange
for supplemental amenities identified in this policy, this revision would include
affordable housing development as eligible uses for deviations in height,
density, or intensity.
City-Initiated Map Amendments (CPA21-0002):
• CPM #1 – Volume 5: Transportation Element (Separate document incorporated
by reference): Several maps found throughout Volume 5 have been updated to
reflect current conditions and to address formatting.
Feel free to contact either Josh Steiner, Senior Long Range Planner at jsteiner@auburnwa.gov
or 253-804-5058 or Jeff Dixon, Planning Services Manager, at jdixon@auburnwa.gov or 253-
804-5033, with any questions.
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AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
COMPREHENSIVE PLAN
2021 ANNUAL
AMENDMENTS
PLANNING COMMISSION
OCTOBER 5, 2021
JOSH STEINER, AICP
Department of Community Development
Planning Building Development Engineering Permit Center
Sustainability Community Services ●Code Enforcement Page 58 of 74
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
The 2021 Comprehensive Plan amendment docket currently
includes a total of 10 proposed amendments.
Five updates are annually provided capital facilities plan
updates for the city & school districts located within the City.
Five updates to various elements (chapters) of the
comprehensive plan including issues relating to
Transportation; Housing; Land Use, and Capital Facilities.
Four text amendments, one map amendment
PROPOSED 2021 COMPREHENSIVE PLAN
AMENDMENT DOCKET
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #1 –Capital Facilities Plan (CFP) Update for Auburn School
District
P/T #2 –Capital Facilities Plan (CFP) Update for Dieringer School
District
P/T #3 –Capital Facilities Plan (CFP) Update for Federal Way
School District
P/T #4 –Capital Facilities Plan (CFP) Update for Kent School
District
P/T #5 –City of Auburn Capital Facilities Plan (CFP) Update
P/T #6 –Comprehensive Plan Volume 3, Capital Facilities Element,
Update
P/T #7 –Comprehensive Plan Volume 5, Transportation Element,
Update
P/T #8 –Comprehensive Plan Volume 2, Housing Element Update
P/T #9 –Comprehensive Plan Volume 1, Land Use Element, Update
DOCKET –POLICY/TEXT AMENDMENTS
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CPM #1 –Transportation Element, Volume 5. Several maps
throughout chapter.
DOCKET –CITY INITIATED MAP
AMENDMENTS
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #5 –City of Auburn
Capital Facilities Plan Update
CITY INITIATED COMPREHENSIVE PLAN
TEXT AMENDMENTS
2020 CFP Total 2021 CFP Total
+$8.67 million increase between 2021-2020
Source: City of Auburn Financial Analyst
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #6 –Comprehensive Plan Volume 3, Capital Facilities
Element, Update
Water Services is requesting a 4-year extension of the
Comprehensive Water Plan (CWP), due to be updated in 2022,
through the Department of Health
Allows for a full update in 2024 on same timeline as Periodic Update
The current plan analysis period is through 2026.
Capital projects, water demand, and growth projections are still valid
and accurate.
Element text remains the same, however the referenced CWP
P/T #6 –COMPREHENSIVE PLAN VOLUME
3, CAPITAL FACILITIES ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #7 –Comprehensive Plan Volume 5, Transportation
Element, Update
Update Comprehensive Plan to remove one project transferred to TIP
and add Main Street TOD projects.
Update maps to reflect current conditions.
Map updates founder in CPM #1
P/T #7 –COMPREHENSIVE PLAN VOLUME
5, TRANSPORTATION ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #8 –Comprehensive Plan Volume 2, Housing Element
Update
The Team wants to start incorporating Housing Action Plan into
Compressive Plan
Add language referencing Housing Action Plan (HAP) adoption
Using Recommendations from HAP, one policy is proposed to be
updated.
Updated policy H-24 to reflect HAP recommendation of including
minimizing displacement impacts, which is also consistent with PSRC
Vision 2050 policy (MPP-H -11) supporting identifying potential
physical, economic, and cultural displacement and mitigating to the
extent feasible.
P/T #8 –COMPREHENSIVE PLAN VOLUME
2, HOUSING ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #8 –COMPREHENSIVE PLAN VOLUME
2, HOUSING ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #8 –COMPREHENSIVE PLAN VOLUME
2, HOUSING ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #9 –Comprehensive Plan Volume 1, Land Use Element,
Update
This policy supports a Recommendation in the HAP.
Update policy LU-39 to include affordable housing as an approved
supplemental amenity that would allow deviations in height, density,
or intensity limitations.
P/T #9 –COMPREHENSIVE PLAN VOLUME
1, LAND USE ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
P/T #9 –COMPREHENSIVE PLAN VOLUME
1, LAND USE ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CPM #1 –Several maps found
throughout Volume 5
(Transportation Element) have
been updated to reflect current
conditions, address formatting,
and combine redundant maps.
These changes were discussed
during the 9-8 -21 Planning
Commission meeting by
Transportation
CPM #1 –COMPREHENSIVE PLAN
VOLUME 5, TRANSPORTATION ELEMENT
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
So, with this meeting, we have talked about all of the 2021 Annual
Comprehensive Plan Amendments except the policy/text for the CFP’s:
P/T # 1 Auburn School District Capital Facilities Plan (CFP)
P/T # 2 Dieringer School District Capital Facilities Plan
P/T # 3 Federal Way Public Schools Capital Facilities Plan
P/T # 4 Kent School District Capital Facilities Plan
P/T # 5 COA Capital Facilities Plan (CFP)
These are incorporated each year and the processing is similar.
DOCKET –2021 ANNUAL
COMPREHENSIVE PLAN AMENDMENTS
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Planning Commission Briefing Tonight
Planning Commission Public Hearing October 19th (Extra
Meeting)
City Council Study Session November 8th
City Council Regular Meeting December 6th
NEXT STEPS
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2021 COMPREHENSIVE PLAN
ANNUAL AMENDMENTS
Page 73 of 74
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONSERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2021 COMPREHENSIVE PLAN
ANNUAL AMENDMENTS
Any questions?
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