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