HomeMy WebLinkAbout10-13-2014 PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE Agenda ModificationCITY OF
Au&Ji
WASHINGTON
Interoffice Memorandum
Community Development
To: Planning and Community Development Committee
From: Jeff Tate, Assistant Director of Community Development Services
CC: Mayor Nancy Backus
City Clerk
Councilmembers
Elizabeth Chamberlain, AICP, Planning and Design Services Manager
Date: October 10, 2014
Re: Agenda Modification for the October 13, 2014 Meeting
This modification transmits the following agenda item(s):
DISCUSSION ITEMS
III. D. ZOA14 -0004 Code Amendment to Chapter 18.29, Downtown Urban Center,
related to Floor Area Ratio* (Chamberlain)
Amendment to zoning code ACC Chapter 18.29 relating to Floor Area Ratio in the
Downtown Urban Center zone.
III. E. ZOA14 -0005 Code Amendment to Chapter 17.09, Short Subdivisions*
(Chamberlain)
Amendment to zoning code ACC Chapter 17.09, Short Subdivisions, related to
Short Plat Thresholds from four lots to nine lots.
AUBURN * MORE THAN YOU IMAGINED
CITY OF 4`
WASHINGTON
MEMORANDUM
TO: Councilmember John Holman, Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Vice - Chair, Planning and Community Development
Committee
Councilmember Yolanda Trout, Member, Planning and Community Development
Committee
CC: Mayor Nancy Backus
Kevin Snyder, AICP, Community Development and Public Works Director
Jeff Tate, Assistant Director of Community Development
FROM: Elizabeth Chamberlain, AICP, Planning and Design Services Manager
DATE: October 13, 2014
RE: ZOA14 -0004 Code Amendment to Chapter 18.29, Downtown Urban Center, related
to Floor Area Ratio
Background and Discussion
The Downtown Urban Center Zone was adopted by the City Council February 2007. The shift
in zoning took an approach of density through floor are ratio (FAR) standards versus a units per
acre density approach. Included in the FAR standard is a different ratio for various uses
depending on if the project is located south of Main Street or north of Main Street. The proposed
code amendment will continue focusing growth within downtown Auburn and encouraging a mix
of uses by not having a different FAR for residential or commercial but still fostering mixed -use
by having that type of development with the highest FAR opportunity. Let the market decide
what is the best location of residential standalone, mixed -use, and non - residential standalone
projects should be located. Our design standards will govern what the structures look like, the
pedestrian amenities, parking locations, etc. Auburn's regulations should not stand in the way
of market demands. Mixed -use will still have the highest achievable FAR to promote residential
development with commercial but open the market up on the south side of Main Street to
standalone non - residential projects.
The Planning Commission held a public hearing on October 7, 2014 on the proposed code
amendment that would amend the Floor Area Ratio (FAR) standards within the Downtown
Urban Center zone. There was no public testimony during the public hearing. Staff
recommended approval of the proposed code amendment and the Planning Commission
concurred recommending approval to the full City Council.
Attachments
1. Staff Report to the Planning Commission
2. Proposed Code Amendment to Chapter 18.29
Zoning Code Amendment —
Staff Report to Planning Commission
Amendment to Chapter 18.29
ZOA14 -0004
I. GENERAL INFORMATION:
The Downtown Urban Center Zone was adopted by the City Council February 2007. The
shift in zoning took an approach of density through floor are ratio (FAR) standards versus a
units per acre density approach. Included in the FAR standard is a different ratio for various
uses depending on if the project is located south of Main Street or north of Main Street.
This staff report outlines the proposed amendments related to FAR within the Downtown
Urban Center Zone.
II. SEPA STATUS:
Pursuant to WAC 197 -11- 800(6), non - project actions such as code amendments are not
exempt from environmental review. The City issued a Determination of Non - Significance
September 24, 2014. The comment period ends October 8, 2014 and the appeal period
ends on October 26, 2014.
III. FINDINGS OF FACT:
1. In general, the intent of the proposed zoning code amendments is to amend the Floor
Area Ratio thresholds within the Downtown Urban Center zone so there is not a
difference between projects on the north side of Main Street versus the south side of
Main Street.
2. The process for zoning code text amendments is described in ACC Chapter 18.68:
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done in terms
of conduct, use or action (e.g., what use may be made of land, what requirements apply
to development, what public infrastructure may be required of certain developments),
and "procedural" or "administrative" matters are those that relate to the process of how
Zoning Code Amendment Chapter 18.29 ZOA14 -0004
Staff Report
October 1, 2014
Page 1
an application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, "procedural" or "administrative" matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
3. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
4. Pursuant to WAC 197 -11- 800(6), non - project actions such as code amendments are
not exempt from environmental review. The City issued a Determination of Non -
Significance September 24, 2014. The comment period ends October 8, 2014 and the
appeal period ends on October 26, 2014. As of the writing of this report, no comments
have been received.
5. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff
report were sent to the Washington State Department of Commerce and other state
agencies as required for the 60 -day state review required for modification of
development regulations. The amendments were sent on October 1, 2014 and
expedited review was requested under RCW 36.70A.106(3)(b). The Department of
Commerce acknowledged receipt on October 1, 2014. Expedited review has not been
granted as of the writing of this staff report. If the expedited review request is denied
then the standard 60 -days applies from the submittal date of October 1, 2014.
6. Planning Commission reviewed the draft code amendments at the regular September
3, 2014 meeting.
7. The public hearing notice was published on September 26, 2014 in the Seattle Times
at least 10 -days prior to the Planning Commission public hearing scheduled for October
7, 2014.
Zoning Code Amendment Chapter 18.29 ZOA14 -0004
Staff Report
October 1, 2014
Page 2
8. The following conclusions support the proposed amendment to Chapter 18.29,
Downtown Urban Center, scheduled for the Planning Commission's October 7, 2014
public hearing with a staff recommendation
IV. CONCLUSIONS:
1. Pursuant to ACC Section 18.68.020, amendments of Title 18 require a public hearing
before the Planning Commission with a public hearing notice published at least 10 -days
prior to the public hearing date.
Staff Analysis:
The public hearing notice was published in the Seattle Times on September 26, 2014
which is at least 10 -days prior to the Planning Commission public hearing scheduled for
October 7, 2014.
2. These code amendments are supported by the City of Auburn's Comprehensive Plan as
follows:
Objective 6.2. Maintain downtown as an area that uniquely serves both regional and
community needs.
Policies:
LU -6 The downtown urban center shall be the focal point of the Auburn community. It
should include a mix of uses including, but not limited to, government and civic uses,
retail, residential and services that are appropriate to fill that role.
LU -6A Focus growth and development in the Auburn Downtown urban center to support
economic development, complement transit oriented development, direct growth
pressures away from single family residential neighborhoods, and implement regional
growth management strategies.
LU -80 To increase consistency with the Urban Center boundary, the area lying
generally east of "D" Street S.E. to "F" Street S.E. and south of Main Street (not
including the Main Street frontage) to SR 18 shall be designated for mixed residential
and commercial uses.
LU -84 The downtown area shall be comprised of a mixture of uses consistent with the
area's role as the focal point of the community. These uses shall be primarily "people -
oriented" as opposed to "automobile- oriented ", and shall include commercial, medical,
governmental, professional services, cultural and residential uses.
ED -3 The importance of Downtown Auburn as a unique retail environment and
subregional center of commerce should be considered in the City's economic plan.
Staff Analysis:
The proposed code amendment is consistent with the City's Comprehensive Plan
through focusing growth within downtown Auburn and encouraging a mix of uses by not
having a different FAR for residential or commercial but still fostering mixed -use by
having that type of development with the highest FAR opportunity.
Zoning Code Amendment Chapter 18.29 ZOA14 -0004
Staff Report
October 1, 2014
Page 3
Let the market decide what is the best location of residential standalone, mixed -use, and
non - residential standalone projects should be located. Our design standards will govern
what the structures look like, the pedestrian amenities, parking locations, etc. Auburn's
regulations should not stand in the way of market demands. Mixed -use will still have the
highest achievable FAR to promote residential development with commercial but open
the market up on the south side of Main Street to standalone non - residential projects.
V. STAFF RECOMMENDATION
Planning Commission recommend approval of the proposed code amendment to Chapter
18.29.
VI. EXHIBITS
Exhibit 1 Proposed code changes Auburn City Code Chapter 18.29
Exhibit 2 Request to Department of Commerce for Expedited State Review
Exhibit 3 Department of Commerce acknowledgement letter
Exhibit 4 Request to publish combined SEPA Determination and Hearing Notice in
newspaper
Exhibit 5 Environmental Checklist
Exhibit 6 Determination of Non - Significance and Public Hearing Notice
Prepared by (include name and sign): Elizabeth Chamberlain, AICP, Planning and Design
Services Manager
Zoning Code Amendment Chapter 18.29 ZOA14 -0004
Staff Report
October 1, 2014
Page 4
Exhibit 1
Sections:
18.29.010
18.29.020
18.29.030
18.29.040
18.29.050
18.29.053
18.29.055
18.29.060
18.29.070
Chapter 18.29
DUC DOWNTOWN URBAN CENTER DISTRICT
Intent.
Scope.
Process.
Definitions.
Use limitations.
Uses /activities requiring an administrative use permit.
Uses /activities requiring a conditional use permit.
Development standards.
Design standards.
18.29.060 Development standards.
A. Minimum lot area: none.
B. Minimum lot width: none.
C. Minimum lot depth: none.
D. Floor Area Ratio. Floor area ratio is the cumulative amount of floor area within a building as a
multiple of the lot area.
Floor Area Ratio (FAR)
For properties abutting the south side of Main Street and to the south:
Basic Allowable "As of Right"
Maximum Allowable with Bonuscs
Nonresidential2
Residential2
Nonresidential
Nonrecidentia12
Residential
Nonresidential
Recidential4
e€14
3.5
5.0
441
2.0
4.5
3.5
5-0
Properties abutting the north side of Main Street and to the north:
Basic Allowable "As of Right"
Maximum Allowable with Bonuses
Nonresidential2
Residential2
Nonresidential
Residential3
Combined4
3.0
2.0
4.0
3.5
5.0
1 Floor area is measured to the inside face of exterior walls. The following shall be
excluded from floor area calculation:
a. All space below finished grade.
b. Space dedicated to structured parking.
c. Space used for any bonus feature listed in subsection E of this section.
2 Minimum required FAR is 0.75; basic allowable FAR is 1.0.
3 Hotels, nursing homes, assisted living centers, etc. shall be considered residential for
the purpose of calculating FAR.
4 Allowable FAR for nonresidential and residential uses may be added together within a
project, for a combined total.
Draft Code Amendment Version 1
September 24, 2014
Page 1 of 1
CITY OF 4`
WASHINGTON
MEMORANDUM
TO: Councilmember John Holman, Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Vice - Chair, Planning and Community Development
Committee
Councilmember Yolanda Trout, Member, Planning and Community Development
Committee
CC: Mayor Nancy Backus
Kevin Snyder, AICP, Community Development and Public Works Director
Jeff Tate, Assistant Director of Community Development
FROM: Elizabeth Chamberlain, AICP, Planning and Design Services Manager
DATE: October 13, 2014
RE: ZOA14 -0005 Code Amendment to Chapter 17.09, Short Subdivisions, related to
Short Plat Thresholds
Background and Discussion
Chapter 58.17 of the Revised Code of Washington establishes the legal foundation and
framework for subdividing land in Washington State. This statute uses the terms "subdivision"
and "short subdivision" to describe the two primary types of land division. A subdivision is
defined as a division or redivision of land into 5 or more lots, tracts, parcels or sites. A short
subdivision is defined as a division or redivision of land into 4 or fewer lots, tracts, parcels or
sites.
RCW 58.17.033 requires that jurisdictions establish land division procedures within their local
city code. The City of Auburn has adopted Title 17 which sets forth the City's land division
procedures. Currently, Title 17 of the Auburn City Code provides a definition for subdivision and
short subdivision that is consistent with that established in Chapter 58.17 RCW.
The proposed amendment will allow greater flexibility and promotion for infill development by
allowing short subdivisions up to nine lots rather than the current limit of four lots. Short
subdivisions are an administrative process rather than a hearing examiner decision. Public
notice will still be given for short plat applications so adjacent property owners have the
opportunity to comment on a proposal.
While there are a number of procedural and cost differences between subdivisions and short
subdivisions, there are no differences in the development standards that must be adhered to in
order to obtain approval or the manner in which land may be used once the land division is
complete. Both types of land divisions are required to comply with all of the same requirements
for density, provision of public improvements (e.g. sidewalks, streets, utilities, etc.), land use,
building, protection of environmental features, etc.
The primary differences between a short subdivision and a subdivision are as follows:
1. Short subdivisions are administrative decisions that do not necessitate a public hearing.
2. Subdivisions are quasi - judicial decisions that are made by the Hearing Examiner after a
public hearing.
3. Subdivisions are substantially more expensive because they incur the cost of the
Hearing Examiner's services, greater permit fees, and costs of public notice. The fee for
a Preliminary Subdivision application is $3,000.00 plus $120.00 per lot while the
Preliminary Short Subdivision application fee is $1,449.00 plus $60.00 per lot. The fee
for a Final Subdivision application is $1,533.00 plus $52.00 per lot while the fee for a
Final Short Subdivision is $750.00 plus $25.00 per lot. In addition to the permit fees, the
applicant is required to pay for the public notification sign and for the Hearing Examiner's
costs to review the file, staff recommendation, conduct a hearing, and write a decision.
The fee for a sign is $130.00 and the Hearing Examiner's fees are approximately
$1,500.00. The following table provides a comparison of the costs of an 8 lot land
division processed under the current rules as a subdivision and the costs if it were
classified as a short subdivision:
4. A subdivision adds significant additional time to the project review timeframe.
Specific expanded timeframes are set forth in city code for public notification, public
comment, public hearing, issuance of a decision and appeals. At a minimum, a
subdivision will add approximately 90 days to the processing timeframes.
The Planning Commission held a public hearing on October 7, 2014 on the proposed code
amendment that would amend the threshold for short subdivisions. There was no public
testimony during the public hearing. Staff recommended approval of the proposed code
amendment and the Planning Commission concurred recommending approval to the full City
Council.
Attachments
1. Staff Report to the Planning Commission
2. Proposed Code Amendment to Chapter 18.29
8 Lot Land Division
"Subdivision"
8 Lot Land Division
"Short Subdivision"
Preliminary Application Fee (Base)
$3,000.00
$1,449.00
Preliminary Application Fee (Per Lot)
$ 960.00
$ 480.00
Final Application Fee (Base)
$1,533.00
$ 750.00
Final Application Fee (Per Lot)
$ 416.00
$ 200.00
Public Notice Sign
$ 130.00
N/A
Hearing Examiner Costs
$ 1,500.00
N/A
Total
$7,539.00
$2,879.00
Difference
+4,660.00
- 4,660.00
4. A subdivision adds significant additional time to the project review timeframe.
Specific expanded timeframes are set forth in city code for public notification, public
comment, public hearing, issuance of a decision and appeals. At a minimum, a
subdivision will add approximately 90 days to the processing timeframes.
The Planning Commission held a public hearing on October 7, 2014 on the proposed code
amendment that would amend the threshold for short subdivisions. There was no public
testimony during the public hearing. Staff recommended approval of the proposed code
amendment and the Planning Commission concurred recommending approval to the full City
Council.
Attachments
1. Staff Report to the Planning Commission
2. Proposed Code Amendment to Chapter 18.29
Zoning Code Amendment —
Staff Report to Planning Commission
Amendment to Chapter 17.09 Short Subdivisions
ZOA14 -0005
I. GENERAL INFORMATION:
Chapter 58.17 of the Revised Code of Washington establishes the legal foundation and
framework for subdividing land in Washington State. This statute uses the terms
"subdivision" and "short subdivision" to describe the two primary types of land division. A
subdivision is defined as a division or redivision of land into 5 or more lots, tracts, parcels or
sites. A short subdivision is defined as a division or redivision of land into 4 or fewer lots,
tracts, parcels or sites.
RCW 58.17.033 requires that jurisdictions establish land division procedures within their
local city code. The City of Auburn has adopted Title 17 which sets forth the City's land
division procedures. Currently, Title 17 of the Auburn City Code provides a definition for
subdivision and short subdivision that is consistent with that established in Chapter 58.17
RCW.
II. SEPA STATUS:
Pursuant to WAC 197 -11- 800(6), non - project actions such as code amendments are not
exempt from environmental review. The City issued a Determination of Non - Significance
September 24, 2014. The comment period ends October 8, 2014 and the appeal period
ends on October 26, 2014.
III. FINDINGS OF FACT:
1. The intent of the proposed code amendment is to raise the City's short subdivision
threshold from 4 or fewer lots to nine or fewer lots as permitted under RCW 58.17.
2. In 2002 the State Legislature modified the definition of short subdivision to allow City's
planning under the State Growth Management Act to increase the short subdivision
threshold from 4 or fewer lots to 9 or fewer lots.
3. The process for zoning code text amendments is described in ACC Chapter 18.68:
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend
any portion or all of this title; provided, that text amendments that are purely
administrative or procedural do not require a public hearing, nor do they require
preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 1
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from
procedural or administrative amendments in accordance with the following: "Substantive"
matters relate to regulations that define or limit what can be done in terms of conduct,
use or action (e.g., what use may be made of land, what requirements apply to
development, what public infrastructure may be required of certain developments), and
"procedural" or "administrative" matters are those that relate to the process of how an
application to take such action must be pursued (e.g., time limits for applications and
appeals, what forms must be used, and where or how applications must be submitted.
Essentially, "procedural" or "administrative" matters are the mechanical rules by which
substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord.
4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
4. The proposed code amendments are supported by the City of Auburn Comprehensive
Plan as identified in the conclusion section of this staff report.
5. Pursuant to WAC 197 -11- 800(6), non - project actions such as code amendments are
not exempt from environmental review. The City issued a Determination of Non -
Significance September 24, 2014. The comment period ends October 8, 2014 and the
appeal period ends on October 26, 2014. As of the writing of this report, no comments
have been received.
6. Pursuant to RCW 36.70A.106, the proposed code amendments outlined in this staff
report were sent to the Washington State Department of Commerce and other state
agencies as required for the 60 -day state review required for modification of
development regulations. The amendments were sent on October 1, 2014 and
expedited review was requested under RCW 36.70A.106(3)(b). The Department of
Commerce acknowledged receipt on October 1, 2014. Expedited review has not been
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 2
granted as of the writing of this staff report. If the expedited review request is denied
then the standard 60 -days applies from the submittal date of October 1, 2014.
7. Planning Commission reviewed the draft code amendments at the regular September 3,
2014 meeting.
8. The public hearing notice was published on September 26, 2014 in the Seattle Times at
least 10 -days prior to the Planning Commission public hearing scheduled for October 7,
2014.
9. The following conclusions support the proposed amendment to Chapter 17.09, Short
Subdivisions, scheduled for the Planning Commission's October 7, 2014 public hearing
with a staff recommendation
IV. CONCLUSIONS:
1. Pursuant to ACC Section 18.68.020, amendments of Title 18 require a public hearing
before the Planning Commission with a public hearing notice published at least 10 -days
prior to the public hearing date.
Staff Analysis:
The public hearing notice was published in the Seattle Times on September 26, 2014
which is at least 10 -days prior to the Planning Commission public hearing scheduled for
October 7, 2014.
2. These code amendments are supported by the City of Auburn's Comprehensive Plan as
follows:
Objective 6.2. Maintain downtown as an area that uniquely serves both regional and
community needs.
Policies:
LU -23 The development of new neighborhoods should be governed by development
standards which allow some flexibility. Flexibility should be considered to encourage
compact urban development, to provide protection of critical areas and resource lands
(including, but not limited to, agricultural resource lands, cultural resources, forest
resource lands, mineral resource areas (Map 9.4) hillsides or wetlands), and to facilitate
non - motorized transportation. Increased density is achievable through flexible
development standards, if certain criteria are met, as established in city code.
LU -117 Encourage well designed infill and redevelopment projects to fully utilize
previous investment in existing infrastructure in the single family residential, moderate
density residential, and high density residential designated areas of the City.
LU -118 Reduce the consumption of undeveloped land by facilitating the redevelopment
of underutilized land and infill of vacant parcels whenever possible in the single family
residential, moderate density residential, and high density residential designated areas
of the City.
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 3
LU -119 Explore innovative mechanisms to encourage the more efficient use of land
including density bonuses and sale of air rights.
Staff Analysis:
The proposed amendment will allow greater flexibility and promotion for infill
development by allowing short subdivisions up to nine lots rather than the current limit of
four lots. Short subdivisions are an administrative process rather than a hearing
examiner decision. Public notice will still be given for short plat applications so adjacent
property owners have the opportunity to comment on a proposal.
While there are a number of procedural and cost differences between subdivisions and
short subdivisions, there are no differences in the development standards that must be
adhered to in order to obtain approval or the manner in which land may be used once
the land division is complete. Both types of land divisions are required to comply with all
of the same requirements for density, provision of public improvements (e.g. sidewalks,
streets, utilities, etc.), land use, building, protection of environmental features, etc.
The primary differences between a short subdivision and a subdivision are as follows:
1. Short subdivisions are administrative decisions that do not necessitate a public
hearing.
2. Subdivisions are quasi-judicial decisions that are made by the Hearing Examiner
after a public hearing.
3. Subdivisions are substantially more expensive because they incur the cost of the
Hearing Examiner's services, greater permit fees, and costs of public notice. The fee
for a Preliminary Subdivision application is $3,000.00 plus $120.00 per lot while the
Preliminary Short Subdivision application fee is $1,449.00 plus $60.00 per lot. The
fee for a Final Subdivision application is $1,533.00 plus $52.00 per lot while the fee
for a Final Short Subdivision is $750.00 plus $25.00 per lot. In addition to the permit
fees, the applicant is required to pay for the public notification sign and for the
Hearing Examiner's costs to review the file, staff recommendation, conduct a
hearing, and write a decision. The fee for a sign is $130.00 and the Hearing
Examiner's fees are approximately $1,500.00. The following table provides a
comparison of the costs of an 8 lot land division processed under the current rules as
a subdivision and the costs if it were classified as a short subdivision:
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 4
8 Lot Land Division
"Subdivision"
8 Lot Land Division
"Short Subdivision"
Preliminary Application Fee (Base)
$3,000.00
$1,449.00
Preliminary Application Fee (Per Lot)
$ 960.00
$ 480.00
Final Application Fee (Base)
$1,533.00
$ 750.00
Final Application Fee (Per Lot)
$ 416.00
$ 200.00
Public Notice Sign
$ 130.00
N/A
Hearing Examiner Costs
$ 1,500.00
N/A
Total
$7,539.00
$2,879.00
Difference
+4,660.00
-4,660.00
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 4
4. A subdivision adds significant additional time to the project review timeframe.
Specific expanded timeframes are set forth in city code for public notification, public
comment, public hearing, issuance of a decision and appeals. At a minimum, a
subdivision will add approximately 90 days to the processing timeframes.
V. STAFF RECOMMENDATION
Planning Commission recommend approval of the proposed code amendment to Chapter
17.09 related to Short Subdivisions.
VI. EXHIBITS
Exhibit 1 Proposed code changes Auburn City Code Chapter 17.09
Exhibit 2 Request to Department of Commerce for Expedited State Review
Exhibit 3 Department of Commerce acknowledgement letter (will be provided at hearing)
Exhibit 4 Request to publish combined SEPA Determination and Hearing Notice in
newspaper
Exhibit 5 Environmental Checklist
Exhibit 6 Determination of Non - Significance and Public Hearing Notice
Prepared by (include name and sign): Elizabeth Chamberlain, AICP, Planning and Design
Services Manager
Zoning Code Amendment Chapter 18.29 ZOA14 -0005
Staff Report
October 1, 2014
Page 5
Exhibit A
Chapter 17.09
SHORT SUBDIVISIONS
Sections:
17.09.010 General provisions.
17.09.020 Preapplication conference.
17.09.030 Preliminary application.
17.09.035 Survey requirements.
17.09.040 Reserved.
17.09.050 Development requirements.
17.09.060 Preliminary short subdivision approval.
17.09.070 Final short subdivision approval.
17.09.080 Distribution and filing.
17.09.090 Conditional approval requirements.
17.09.100 Release of improvement guarantee.
17.09.110 Time limitations.
17.09.120 Terms of approval.
17.09.010 General provisions.
Every short subdivision shall comply with the provisions of this chapter. Land shall be divided by
the short subdivision method according to the provisions of this title, if the three following criteria
are met:
A. The division will not result in the creation of more than four nine lots.
B. The original tract being divided has not been created by a short subdivision within the
previous five years, except that when the short subdivision contains fewer than four parcels, a
revised short subdivision may be filed within the five -year period to create up to a total of four
lots within the original short subdivision boundaries.
C. The entire original tract (except adjacent platted or short subdivided land) shall be included
within one short subdivision application; provided, that a pre- existing, unplatted adjacent parcel
may also be excluded if it is 20 acres or greater in size. (Ord. 6239 § 1, 2009; Ord. 6006 § 3,
2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.010)
Draft Code Amendment Version 1
September 24, 2014
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