HomeMy WebLinkAbout05-06-2014 Planning Commission PacketThe City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
May 6 , 2014
AGENDA
SPECIAL WORK SESSION – 6:30 - 7:00 p.m., Council Chambers
I. ZOA14-0002 - Amendment to Zoning Code Section 18.23.*
Staff: Jeff Dixon, Principal Planner
Summary: Amendment to zoning code section 18.23., “Uses (of the Commercial and
Industrial Zones)” to change the use regulations applicable to warehousing and distribution
facility uses in the EP, Environmental Park zoning district and the M1, Light Industrial
zoning district.
II. ADJOURNMENT
REGULAR MEETING – 7:00 p.m., Council Chambers
I. CALL TO ORDER
II. APPROVAL OF MINUTES
A. April 8, 2014*
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARINGS
A. ZOA14-0002 - Amendment to Zoning Code Section 18.23.* (Dixon)
Summary: Amendment to zoning code section 18.23., “Uses (of the Commercial and
Industrial Zones)” to change the use regulations applicable to warehousing and
distribution facility uses in the EP, Environmental Park zoning district and the M1, Light
Industrial zoning district.
VI. ADJOURNMENT
DRAFT
PLANNING COMMISSION
April 8, 2014
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:01 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
II. ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Vice-Chair Copple,
Commissioner Couture, Commissioner Mason, Commissioner Baggett, and
Commissioner Smith. Commissioner Pondelick was excused.
Staff present included: City Attorney Dan Heid, Planning Services Manager Elizabeth
Chamberlain, Police Commander Mark Callier, and Community Development Secretary
Tina Kriss.
Members of the public present: Thomas Lee
III. APPROVAL OF MINUTES
A. March 4, 2014
Staff pointed out a Scriviner’s error under item II. Roll Call/Establishment of Quorum,
Scot Pondelick was added as present. The following information was also added:
“After the approval of Minutes, Commissioner Pondelick voluntarily recused himself
on the matter of Recreational Marijuana and abstained from participation, he
excused himself from the meeting”.
Commissioner Mason moved and Commissioner Smith seconded to approve the
minutes from the April 8, 2014 meeting as corrected.
Motion unanimously carried. 6-0
IV. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hear.
V. PLANNING DEPARTMENT REPORT
Planning Services Manager Elizabeth Chamberlain updated the Commission on the
status of the Imagine Auburn process. The online survey has been completed and the
City received 556 responses. The community neighborhood outreach meetings are
complete, staff will conduct a three grocery store polling events to obtain further input
before reviewing the vision results in May with the community. After a final report is
complete, staff will review the results with the Planning and Community Development
Committee and Planning Commission. Staff will begin the Comprehensive Plan update
work in June.
PLANNING COMMISSION MEETING MINUTES April 8, 2014
Page 2
The Student Life building at Green River Community College has started construction
and the new Jimmy John’s restaurant off Auburn Way North has opened. A Temporary
Certificate of Occupancy was recently issued for Orion Industries located in Auburn.
VI. PUBLIC HEARING
There were no Public Hearing items.
VII. OTHER BUSINESS
A. Recreational Marijuana (Chamberlain)
Planning Services Manager Elizabeth Chamberlain presented the staff report on
Recreational Marijuana. At the March 4, 2014 Planning Commission meeting the
Planning Commission requested additional information on the topic of recreational
marijuana.
Staff briefed the Commission on the disposal of liquid cannabis waste as covered in
Section R 307 – Waste Disposal, of the Permanent Rules Related to the Colorado
Retail Marijuana Code, dated September 9, 2013. Ms. Chamberlain explained that
the state of Colorado does not identify a quantity of waste limit that is allowed to be
stored on-site prior to be taken off-site to a solid waste or compost facility. The
waste product, if properly mixed as 50/50 with other compostable elements is
allowed to be composted on-site at the facility owned by the generator of waste.
In response to the Commission’s previous question, how the City of Auburn residents
voted on I-502, 56% (12,567) people voted yes and 44% (10,561) voted no. There
were a total of 1,896 more YES votes in Auburn.
The Committee and staff discussed Option 3. Ms. Chamberlain explained that
Option 3 would dissolve the City’s current prohibition regulations on medical
cannabis. Per ACC Chapter 9.22 code prohibits the City from permitting any activity
that is illegal under state or federal law.
Staff reviewed the tentative schedule for future adoption of regulations in regards to
I-502 and the outline for the public workshop presentation. The Commission was
supportive of the outline and asked if the workshop could be held May 20th, 2014,
staff confirmed May 20, 2014 as tentative date. The Commission requested that as
part of the overview, staff provide zoning maps showing reflective of where cannabis
could potentially be an allowed use under one of the options. The Committee and
staff reviewed the City of Kent Court of Appeals decision and how that impacts
medical marijuana.
The next Planning Commission meeting will be held May 6, 2014. The Commission
concurred that they would hold a work session on the proposed Warehouse and
Distribution code amendments at 6:30 p.m. with the regular meeting at 7:00 p.m.
VIII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 7:41 p.m.
AGENDA BILL APPROVAL FORM
Agenda Subject: Amendment to zoning code Section 18.23.030, to
change the use regulations applicable to warehousing and distribution
facility uses in the EP, Environmental Park zoning district and the M1,
Light Industrial zoning distinct. (File No. ZOA14-0002).
Date: April 24, 2014
Department: Community
Development and Public Works
Attachments: See exhibit list (at end
of report) Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on amendments to
Auburn City Code Chapter Section 18.23 and make a recommendation to the City Council.
Summary:
The City proposes to amend Section 18.23.030, “Uses (of the Commercial and Industrial Zones)” of the
zoning code to change the use regulations applicable to warehousing and distribution facility uses in the
EP, Environmental Park zoning district and the M1, Light Industrial zoning distinct. The current language
of the code prohibits warehousing and distribution uses in the EP zone and requires a Conditional Use
Permit in the M1, Light Industrial zone. The City seeks to revise the regulations to allow the use outright
in the M1, Light Industrial zone and outright, if legally established prior to the zoning change in the EP
zone.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Dixon
Meeting Date: May 6, 2014 Item Number:
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 2 of 9
Background
Since the zoning code dating back to at least the year 1987, the “warehousing and distribution”
land use has historically been allowed in the City’s Industrial zoning districts. Specifically, this
use was allowed outright in the two main industrial zoning districts that existed at the time; the
M1, Light Industrial, and the M2, Heavy Industrial zoning districts. These districts make up a
large part of the western, (Region Serving Area) valley floor portion of the City.
In Title 18.23, ‘Commercial and Industrial Zones’, and specifically, Table 18.23.030, ‘Permitted,
Administrative, Conditional and Prohibited Uses by Zone’ this use is listed as: “warehousing and
distribution”.
Since, warehousing and distribution uses are prominent locally, and the nature of this use is
self-explanatory, the zoning code does not contain a specific definition for this use.
This proposed change affects two industrial zones in the city. A discussion of the historical
changes affecting each zone leading to the current circumstances and proposed revision
follows.
Relation of Streamlined Sales Tax Changes to the M1, Light Industrial Zoning District
In 2005 the State of Washington adopted streamlined sales tax (SST) legislation. Prior to SST
legislation, sales tax collection in Washington State was based on the site of origin, rather than
on the site of destination. Under the SST tax structure, sales tax is collected at the site of
delivery rather than from those areas from which they were shipped. This change in tax
structure puts the City of Auburn at a disadvantage and negatively impacts its tax revenue.
Specifically, Auburn and similar cities have historically invested in infrastructure to support
businesses engaged in warehouse and distribution activities that ship goods to other
destinations. Another concern for Auburn and similar cities that have invested in infrastructure
include how the debt that has already been extended for such infrastructure will be paid and
how the loss of a significant source of revenue will affect bond ratings.
In November 2004 based on the then potential passage of SST, the Auburn City Council
approved Resolution No. 3782. Resolution No. 3782 outlines an approach and actions the City
will take related to land use planning, zoning and other matters in the event a streamlined sales
tax proposal or other similar proposals that change the tax structure are adopted.
Because of the State of Washington’s implementation of sales tax mitigation payments to cities
such as Auburn, the impact resulting from streamlined sales tax has been somewhat lessened.
However, the continued availability of these payments is not certain due in part to the State’s
current and anticipated fiscal challenges. In addition, the amount of payments does not equal
the total loss in revenue to the City. The City’s economic development strategies are dependent
upon the City being able to continue a strong public investment program in infrastructure and
services. The City’s ability to continue this public investment is contingent upon maintaining
solvent public revenue streams, particularly sales tax. Sales tax comprises the largest source of
monies to the City’s General Fund, approximately 30 percent in 2010. The City anticipates that
current and long-term fiscal challenges facing the State of Washington will likely result in the
dissolution of the current sales tax revenue mitigation program. The eventual loss of the
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 3 of 9
aforementioned sales tax revenue will directly and adversely affect the City’s ability to
adequately fund the capital infrastructure and services necessary to support the realization of
the City’s economic development strategies. This is especially applicable to industrial areas
supporting warehouse and distribution centers that are origin-based in nature.
In 2011, the City amended the City’s Comprehensive Plan by Ordinance No. 6394 to identify
that warehouse and distribution land uses are not a preferred long-term economic development
and land use priority for industrial zoned areas in the City due to the loss of sales tax revenue
associated with the State’s implementation of streamlined sales tax legislation, no substantive
contribution to an increase in per capita income for Auburn residents, no reduction in the tax
burden of Auburn residents, low employment densities, lower property values and land use
inefficiencies. These changes specified that increases in manufacturing and other non-
warehousing and distribution industrial land uses should be the City’s preferred economic
development and land use priority for industrial zoned areas of the City currently dominated by
warehousing and distribution land uses. These changes specified that the City should revise
current comprehensive policies and regulations to provide for and require the conversion of
existing warehousing and distribution land uses to manufacturing and industrial land uses. To
implement the policy direction of the Comprehensive Plan, the zoning regulations affecting
industrial zoning districts were changed by Ordinance No. 6433 near the end of 2012. Among
other more minor changes, the Ordinance established that any new or expansion of existing
warehouse and distribution uses in the M1, Light Industrial and M2, Heavy Industrial zone would
require the land use application process of a Conditional Use Permit (CUP).
Since the time of these comprehensive plan and zoning changes, the City has heard from a
number of property owners and property management companies responsible for warehouse
and distribution facilities located in the M1, Light Industrial zones expressing concern. The
majority of concerns expressed were related to misunderstanding the effect of the changes to
pre-existing warehouse and distribution uses. However, as a result of these comprehensive
plan and zoning changes, the property owners, property managers and their professional
organizations of warehouse and distribution uses have supported and advocated for the City
with the state legislature. As a result of this support, the City determined it was appropriate to
amend the policy guidance in it Comprehensive Plan to revise and “soften” the policy direction
to promote and encourage through incentives the transition from warehousing and distribution
uses rather than require the conversion of these uses. As a result of this support, the City also
determined it was appropriate to amend the zoning code use regulations.
On October 22, 2013 the Planning Commission conducted a public hearing and considered the
proposed comprehensive plan policy/text amendments affecting industrial zones as part of the
items docketed for the annual comprehensive plan amendments. And following the public
hearing, the Planning Commission forwarded its recommendation for approval to the City
Council.
The 2013 Comprehensive Plan Amendments were reviewed by the Planning and Community
Development Committee of the City Council on November 12, 2013 and the Committee
forwarded a recommendation of approval to the City Council at its November 25, 2013 regular
meeting.
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 4 of 9
The Public Works Committee of the City Council reviewed the amendments and the Planning
Commission recommendations at their November 18, 2013 meeting. Ordinance No. 6489
approving the comprehensive plan policy/text amendments was approved by the City Council at
their December 2, 2013 regular meeting. Warehousing and distribution uses are still not
preferred land uses in the Comprehensive Plan, but are no longer proposed to be transitioned to
other uses.
Proposed Zoning Code Change
This proposal revises the zoning code to allow warehousing and distribution uses outright in the
M1, Light Industrial zoning district to align with the previous year 2013 Comprehensive Plan text
amendments and to reverse the previous zoning code changes in 2012. Specifically, the “C”
designating: “Conditionally Permitted Use” is proposed to change to “P” to indicate: “Permitted”
in Table 18.23.030 shown as strike through and underline in the attached code section.
Relation to EP, Environmental Park Zoning District
The area north of West Main Street extending north to 15th ST NW and including Clay and
Western Streets was identified by the 2005 comprehensive plan as a ‘problem area’ in relation
to disparate mixture of land uses including remaining single family residential uses within an
area transitioning to light industrial uses. The designation also recognized that the area was
underserved by infrastructure; roads, water sewer and storm drainage. The comprehensive plan
designation and zoning were for light industrial development and several industrial buildings
were built.
The City’s eventual ownership of the wetland mitigation site constructed as compensation for
the wetland filling and impacts associated with the construction of the Emerald Downs
Thoroughbred Racetrack (a.k.a. Thormod Wetland Mitigation Site) served as the catalyst for the
city’s acquisition of additional adjacent parcels and formal establishment of the approximately
120-acre “Auburn Environmental Park’; a wetland natural resources park for open space and
passive recreation.
On August 7, 2006 the City Council adopted Ordinance No. 6036 that established a new
industrial zoning classification termed the EP, Environmental Park Zoning district after the
Planning Commission conducted a public hearing on the proposal on June 6, 2006. The EP
zone consists of a larger approximately 276–acre area. The stated purpose of the
Environmental Park zoning district is to allow uses in proximity to the Auburn Environmental
Park that benefit from that location and will complement the park and its environmental focus.
The uses to be allowed in this zone will focus upon medical, biotech and "green" technologies
including energy conservation, engineering, water quality and similar uses. Other uses
complementary to and supporting these uses are also allowed. Incorporation of sustainable
design and green building practices will be a primary aspect of this zone. The construction of
leadership in energy and environmental design (LEED) and built green certified buildings is
encouraged and built green will be required for multiple-family dwellings. The city recognizes
that much of the property in this zone was developed under earlier standards, so the goals of
the district will be realized over a period of time as properties are redeveloped.
This change no longer allowed “warehousing and distribution facilities, to include wholesale
trade not open to the general public”. As a result, the properties that were already developed
as this use were made “legally-established, non-conforming uses”. Under the City’s regulations
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 5 of 9
in ACC 18.54, ‘Nonconforming Structures, Land and Uses”, these legally-established, non-
conforming uses are allowed to remain if continuously occupied, but if the space become vacant
for more than 180 days, then the space may only be re-occupied by tenants meeting the more
recent, current land use regulations. Also, with this change, owners of these non-conforming
uses may only expand their nonconforming use or structure up to 25 percent after a ‘Special
Exception’ is secured (land use approval by the Hearing Examiner).
Since the time of these zoning changes, the City has heard from several owners of properties
that were developed as warehousing and distribution facilities and located in the EP, zoning
district expressing concern. Their concerns were related to the effect of the EP regulation
changes to their pre-existing warehousing and distribution uses. In response to these concerns,
the City wants to allow those sites that were developed as warehousing and distribution uses to
prior the EP, Environmental Park zoning in 2006, additional regulatory flexibility to re-use and
modify their use and/or structures.
The City does not however wish to allow further or continued development and construction of
new warehousing and distribution uses in the EP, Environmental Park zoning district. Further
refinement of the zoning regulations of this zoning district to more effectively encourage and
promote "green" development and sustainable design and environmentally sensitive building
practices have previously been discussed by the City Council and are planned.
Proposed Zoning Code Change
This proposal revises the zoning code to allow those warehousing and distribution uses and
structures pre-existing prior to the effective date of the EP, Environmental Park zoning district
(August 17, 2006) to be an outright permitted use in the zone. Specifically, a footnote is added
to Table 18.23.030 to denote:
“Any warehousing and distribution facility legally established as of the effective date of
Ordinance No, 6036 (August 17, 2006) enacting the EP, Environmental Park Zoning
District and codified in this section, is an outright permitted use in the EP,
Environmental Park zone and not a nonconforming use. Also, any maintenance,
alteration and addition to an existing warehousing and distribution facility in the EP zone
that is consistent with ACC 18.23.040, Development standards, is permitted.”
The proposed change to Table 18.23.030 are shown as strike through and underline in the
attached code section.
Findings of Fact
1. In summary, the intent of the proposed code amendment is to change the use
regulations applicable to warehousing and distribution facility uses in the EP,
Environmental Park zoning district and the M1, Light Industrial zoning distinct. The
current language of the code prohibits warehousing and distribution uses in the EP zone
and requires a Conditional Use permit in the M1, Light Industrial zone. The City seeks to
revise the regulations to allow the use outright in the M1, Light Industrial zone and
outright if legally established prior to the zoning change in the EP zone.
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 6 of 9
2. To implement the policy direction of the Comprehensive Plan of the time, the zoning
regulations affecting industrial zoning districts were changed by Ordinance No. 6433
near the end of 2012. The Ordinance established that any new or expansion of existing
warehouse and distribution uses in the M1, Light industrial zone would require the land
use application process of a Conditional Use Permit (CUP).
3. At their December 2, 2013 regular meeting, the City Council by Ordinance No. 6489
adopted 2013 Comprehensive Plan Amendments that provide for and re-prioritize
warehousing and distribution facilities uses in the industrial zoning districts.
4. On August 7, 2006 the City Council adopted Ordinance No. 6036 that established a new
industrial zoning classification titled the EP, Environmental Park Zoning district for areas
previously zoned M1, Light industrial. This designation does not allow “warehousing and
distribution facilities, to include wholesale trade not open to the general public”.
5. The City of Auburn contains numerous properties that are developed as or suitable for
development as “warehousing and distribution facilities, to include wholesale trade not
open to the general public”.
6. Since the time of these comprehensive plan and zoning changes, the City has heard
from a number of property owners and property management companies responsible for
warehouse and distribution facilities located in the M1, Light industrial and EP,
Environmental Park zones expressing concern.
7. In response to these concerns, the City proposes to reverse prior zoning changes and
allow “warehousing and distribution facilities”, in the M1, Light Industrial zoning district.
8. Also, in response to these concerns, the City proposes to allow those sites that were
developed as warehousing and distribution uses to prior the EP, Environmental Park
zoning in 2006, additional regulatory flexibility to re-use and modify their use and/or
structures.
9. The proposed amendment of the city’s zoning regulations is exempt from the “Notice of
Application” procedures under ACC 14.02.070, “Project permit or project permit
application” and ACC 14.02.040, “Development regulations”, since the adoption or
amendment of zoning regulation is a type of “development regulation” that is not a
"Project permit" or "project permit application". The Notice of Application is required only
for project permits and not development regulations.
10. The code amendment is subject to environmental review process under the Washington
State Environmental Policy Act (SEPA). A Determination of Non-Significance (DNS)
was issued April 28, 2014 (SEP14-0002) and the city observed a fourteen-day public
comment period. The City has not received any comments in response to notice of the
public comment period.
11. Pursuant to RCW 36.70A.106, the proposed zoning code amendment was sent to the
Washington State Department of Commerce and other state agencies as required for
the state review of modifications of development regulations. The amendments were
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 7 of 9
sent on April 28, 2014. The City requested expedited review, as allowed by their
procedures. The Department of Commerce granted expedited review and
acknowledged receipt on April 28, 2014.
12. The general approach of these code amendments was discussed with and reviewed by
the Planning and Community Development Committee of the City Council on March 7,
2014 at their regular meeting. The Council Committee was supportive of the general
approach.
13. The public hearing notice was published on April 21, 2014 in the Seattle Times
newspaper at least 10 days prior to the Planning Commission public hearing scheduled
for May 6, 2014.
14. The following conclusions support the proposed amendments to Chapter 18.23.030,
scheduled for the Planning Commission’s May 6, 2014 public hearing with a staff
recommendation of approval.
Conclusions
1. These code amendments are supported by the City of Auburn’s Comprehensive Plan.
The Comprehensive Plan contains several goals, objectives, and policies that promote
predictability and flexibility in the City’s development regulations. The Comprehensive
Plan also has sections that provide for, establish and maintain a balance of industrial
uses that respond to local and regional needs and enhance the city's image through
optimal siting and location. The following goals, objectives, and policies excerpted from
the Comprehensive Plan relate to this proposal:
2. Excerpt from : CHAPTER 3 – PLAN BACKGROUND
“GOAL 2 – FLEXIBILITY: To provide predictability in the regulation of land use
and development, especially where residential uses are affected, but to also
provide flexibility for development through performance standards that allow
development to occur while still protecting and enhancing natural resources,
cultural resources and critical lands and in overall compliance with this
Comprehensive Plan.”
“Discussion: Predictability of land development regulation is important to both
existing and future property owners and to new development. It assures property
owners that adjacent properties will develop in a consistent manner and it helps
new development to plan for their development based on knowing what is
allowed and what is not. Since all parcels are not identical, however, it is helpful
to have some flexibility in land development regulation. While a variance can
sometimes resolve some of these issues, regulations which provide some
flexibility in the form of performance standards can help to provide development
which better meets the goals and policies of this Comprehensive Plan rather than
strict adherence to a set standard established in the zoning ordinance.”
(Emphasis added)
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 8 of 9
“A discussion of issues and polices related to this goal can be found in Chapter
2: General Approach to Planning.”
Complies: This goal sets out that all of the City’s regulations should be designed to
provide predictability while maintaining the ability for flexibility. These proposed changes
that allow continuation of warehousing and distribution uses provide better predictability
and consistency.
3. Excerpt from : CHAPTER 3 – LAND USE
“GOAL 11. INDUSTRIAL DEVELOPMENT
To provide for, establish and maintain a balance of industrial uses that respond
to local and regional needs and enhance the city's image through optimal siting
and location, taking into consideration tax policy impacts of streamlined sales tax
and/or other similar legislation.
Type of Industrial Uses
There is a wide variety of possible industrial uses that could be sited in Auburn.
As with the mix of residential uses, the mix of industry also affects the image of
the city. The regional image of the city is that of an industrial suburb. This image
is quite apparent as one travels along Highway 167 where there is an almost
unending view of high-bay warehouse buildings.
Different types of industrial areas should be separated since some types of
industrial activities conflict with other industrial activities (especially those of a
more desirable character). Such separation should be based primarily on
performance standards.
Location of Industrial Uses
Before the adoption of the 1986 Comprehensive Plan, there had been little
separation of various types of industrial uses. At the time, there was no well
understood policy basis regarding the separation of different types of industrial
uses and some areas very suitable for high quality light industrial uses were
committed to heavier uses. High visibility corridors developed with a heavier
industrial character and established a heavy industry image for the city. The
Plan provides clear distinction between different industrial uses. It also reserves
areas for light industrial uses.
Objective 11.1. To create a physical image for the city conducive to attracting
light industry.
Policies:
LU-96 Highly visible areas which tend to establish the image of the city should
not be used by heavy industrial uses.
Agenda Subject: Agenda Subject: Proposed amendment to ACC
18.23 related to warehousing and distribution uses (File No. ZOA14-
0002)
Date: April 24, 2014
Page 9 of 9
LU-97 The City shall promote high quality development of all light industrial and
warehouse areas.
Objective 11.6. To promote and incentivize new high value-added
manufacturing and industrial uses over existing warehouse and distribution uses.
Policies:
LU-114 Existing warehouse and distribution uses are not preferred long
term land uses in industrial zoning districts in the City. Through the development
and application of incentives the city shall promote more beneficial manufacturing
and industrial uses.
LU-115 Regulatory and financial incentives will be identified and
implemented where appropriate to provide increased opportunities and
encouragement for the establishment of new or expanded manufacturing and
industrial uses and jobs in the City.
Complies: This goal sets out that the City’s regulations should provide for, establish,
and maintain a balance of industrial uses that respond to local and regional needs and
enhance the city's image through optimal siting and location. The proposed code
changes are consistent with previously adopted changes to the Comprehensive Plan
which allow continuation of warehousing and distribution uses in order to provide better
predictability and consistency and prescribe that warehousing and distribution uses.
While warehousing and distribution still are not preferred land uses; they are no longer
proposed to be transitioned to other uses.
Staff Recommendation
Planning Commission to recommend approval to the City Council.
Exhibits:
Exhibit A: Proposed code changes to ACC 18.23.303, “Permitted, Administrative, Conditional
and Prohibited Uses by Zone” –with changes shown in strike through and underline.
Exhibit B: Acknowledgement of receipt of Request for WA Dept of Commerce for state review,
April 28, 2014.
Exhibit C: Affidavit of Publication -Seattle Times Newspaper, April 21, 2014.
Exhibit D: Affidavit of Mailing
Exhibit E: Affidavit of Posting
Exhibit F: SEP14-0002 Determination of Non-Significance and completed environmental
checklist application
Exhibit A - Proposed Draft of revisions of the Auburn Zoning Code to amend Section
18.23.030, “Uses (of the Commercial and Industrial Zones)” to change the use
regulations applicable to warehousing and distribution facility uses in the EP,
Environmental Park zoning district and the M1, Light Industrial zoning distinct. The
current language of the code prohibits warehousing and distribution uses in the EP zone
and requires a Conditional Use permit in the M1, Light Industrial zone. The City seeks
to revise the regulations to allow the use outright in both zones. Additions are show
with underlines and deletions are shown with strike through.
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and
industrial zone and the land use approval process required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030 (“Standards for
Specific Land Uses”) includes a reference to a code section number, the referenced section determines other
requirements and standards applicable to the use regardless of whether it is permitted outright or requires an
administrative or conditional use permit.
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land
Uses
C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land
Uses
C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
Building contractor, light X X X P X P X P
Building contractor, heavy X X X X X A X P
Manufacturing, assembling and packaging – light intensity X X X P X P P P ACC 18.31.180
Manufacturing, assembling and packaging – medium
intensity
X X X A X P A P ACC 18.31.180
Manufacturing, assembling and packaging – heavy intensity X X X X X X X A ACC 18.31.180
Outdoor storage, incidental to principal permitted use on
property
X X X P X P P P ACC 18.57.020(A)
Storage – Personal household storage facility (mini-storage) X P X P X P X P ACC 18.57.020(B)
Warehousing and distribution X X X X X C
P
X1 C ACC 18.57.020(C)
Also, See Footnote
No. 1
Warehousing and distribution, bonded and located within a
designated foreign trade zone
X X X P X P P P
Wholesaling with on-site retail as an incidental use (coffee,
bakery, e.g.)
X X X P X P P P
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land
Uses
C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USEs
Commercial recreation facility, indoor X P P P P P P A
Commercial recreation facility, outdoor X X X A X P A A ACC 18.57.025(A)
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or private A P P P X A P A
Movie theater, except drive-in X P P P P X X X
Private school – specialized education/training (for profit) A A P P P P P P
Religious institutions, lot size less than one acre A P P P A A A A
Religious institutions, lot size more than one acre C P P P A A A A
Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC
Sports and entertainment assembly facility X X A A X A X A
Studio – Art, dance, martial arts, music, etc. P P P P P P A A
RESIDENTIAL
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land
Uses
C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
Caretaker apartment X P P P X P P P
Live/work or work/live unit X P P P P P P X
Multiple-family dwellings as part of a mixed-use development X P P P P P P X ACC 18.57.030(A)
Multiple-family dwellings, stand-alone X X X X X X X X ACC 18.57.030(B)
Nursing home, assisted living facility X P P P C X X X
Senior housing X A A A X X X X
RETAIL
Building and landscape materials sales X X X P X P X P ACC 18.57.035(A)
Construction and heavy equipment sales and rental X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso stands A A A P A P A A
Drive-through facility, including banks and restaurants A A A P P P X P ACC 18.52.040
Entertainment, commercial X A P P X A X A
Groceries, specialty food stores P P P P P P P X ACC 18.57.035(B)
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land
Uses
C-
N
C-
1
C-
2
C-
3
C-
4
M-
1 EP M-
2
Nursery X X X P A P X P ACC 18.57.035(C)
Outdoor displays and sales associated with a permitted use
(auto/vehicle sales not included in this category)
P P P P P P P P ACC 18.57.035(D)
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail establishment A P P P P P X P
Neighborhood retail establishment P P P P P P X P
Regional retail establishment X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, small craft distillery, small craft brewery A P P P P P P P
SERVICES
Animal daycare (excluding kennels and animal boarding) A A A P A P X P ACC 18.57.040(A)
Animal sales and services (excluding kennels and veterinary clinics) P P P P P P X P ACC 18.57.040(B)
Banking and related financial institutions, excluding drive-through
facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini daycare, daycare center, preschools or
nursery schools
A P P P P P P X
Dry cleaning and laundry service (personal) P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities, this excludes offices and related uses that are
permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Medical – Dental clinic P P P P P P X X
Mortuary, funeral home, crematorium A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing (of books, newspaper and other printed
matter)
X A P P P P P P
Professional offices P P P P P P P P
Repair service – equipment, appliances X A P P P P X P ACC 18.57.040(D)
Veterinary clinic, animal hospital A P P P P P X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized transportation facility X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal1 2 X X X X X X X X See Footnote No. 1
2
Parking facility, public or commercial, surface X P P P P P P X
Parking facility, public or commercial, structured X P P P P P P X
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utility transmission or distribution line or substation A A A A A A A A
Wireless communication facility (WCF) – – – – – – – – ACC 18.04.912,
18.31.100
VEHICLE SALES AND SERVICES
Automobile washes (automatic, full or self-service) X A X P P P X P ACC
18.57.050(A)
Auto parts sales with installation services X A A P P P X P
Auto/vehicle sales and rental X A X P X P X P ACC
18.57.050(B)
Fueling station X A A P P P X P ACC
18.57.050(C)
Mobile home, boat, or RV sales X X X P X P X P
Vehicle services – repair/body work X X A P X P X P ACC
18.57.050(D)
OTHER
Any commercial use abutting a residential zone which has hours of
operations outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or
Monday – Saturday: 7:00 a.m. to 10:00 p.m.
A A A A A A A A
Other uses may be permitted by the planning director or designee if the use
is determined to be consistent with the intent of the zone and is of the same
general character of the uses permitted. See ACC 18.02.120(C)(6),
Unclassified Uses.
P P P P P P P P
1 Any warehousing and distribution facility legally established as of the effective date of Ordinance No, 6036
(August 17, 2006) enacting the EP, Environmental Park Zoning District and codified in this section, is an
outright permitted use in the EP, Environmental Park zone and not a nonconforming use. Also, any
maintenance, alteration and addition to an existing warehousing and distribution facility in the EP zone
that is consistent with ACC 18.23.040, Development standards, is permitted.
1 2 Any motor freight terminal, as defined by ACC 18.04.635, in existence as of the effective date of the
ordinance codified in this section, is an outright permitted use in the M-1 and M-2 zone. Any maintenance,
alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040,
Development standards, are allowed.
Dear Mr. Dixon:
Principal Planner
City of Auburn
25 W Main Street
Auburn, Washington 98001-4998
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials
as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this
procedural requirement.
April 28, 2014
Jeff Dixon
City of Auburn - Proposed amendment to zoning code section ACC 18.23.030, "Uses (of the
Commercial and Industrial Zones)" to change the use regulations applicable to warehousing and
distribution facility uses in the EP, Environmental Park zoning district and the M1, Light Industrial
zoning distinct to allow uses outright; the warehousing and distribution facility uses are currently
prohibited or conditionally permitted. These materials were received on April 28, 2014 and
processed with the material ID # 20218. Expedited Review is requested under RCW 36.70A.106(3)(b).
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment requesting expedited review, then we have
forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more
state agencies indicate that they will be commenting, then Commerce will deny expedited review and the
standard 60-day review period (from date received) will apply. Commerce will notify you by e-mail regarding
of approval or denial of your expedited review request. If approved for expedited review, then final adoption
may occur no earlier than fifteen calendar days after the original date of receipt by Commerce. Please
remember to submit the final adopted amendment to Commerce within ten days of adoption.
If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov,
or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048.
Sincerely,
Review Team
Growth Management Services