HomeMy WebLinkAbout01-23-2019 AgendaPlanning Commission Meeting
J anuary 23, 2019 - 7:00 P M
City Hall - Council Chambers
A GE NDA
I .C AL L T O O RD E R
A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM
B .P L E D G E O F AL L E G I ANC E
I I .P UB L I C HE ARI NG S
I I I .AP P RO VAL O F M INUT E S
A .Regular Meeting Minutes - November 7, 2018
I V.O T HE R B US I NE S S
A .E lection of Officers
B .P S E RN – Emergency Wireless Communication Facility (ZO A18-0001)
A mend the City’s Zoning Code – Title 18 to allow the use and siting of emergency
community W C F s within the I , I nstitutional zoning district of the A uburn City Code
(A C C)
C.M odification of Rules of P rocedures
V.C O M M UNIT Y D E V E L O P M E NT RE P O RT
Update on Community Development Services activities.
V I .AD J O URNM E NT
The City of Auburn Planning Commission is a seven member advisory body that provides
recommendations to the Auburn City Council on the preparation of and amendments to land
use plans and related codes such as zoning. Planning Commissioners are appointed by the
Mayor and confirmed by the City Council.
Actions taken by the Planning Commission, other than approvals or amendments to the
Planning Commission Rules of Procedure, are not final decisions; they are in the form of
recommendations to the city council which must ultimately make the final decision.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Regular Meeting Minutes - November 7, 2018
Date:
January 10, 2019
Department:
Community Development
Attachments:
Draft November 7, 2018 Regular Meeting
Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Planning Commission review and approve the November 7, 2018 regular meeting minutes.
Background Summary:
See the attached draft November 7, 2018 minutes.
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:January 23, 2019 Item Number:
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PLANNING COMMISSION
November 7, 2018
REGULAR MEETING MINUTES
REGULAR MEETING
I. CALL TO ORDER
Chair Roland called the regular meeting to order at 7:00 p.m. in Council Chambers at City Hall, located at
25 West Main Street, Auburn, Washington.
A.) ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Roland, Vice-Chair Lee, Commissioner Mason,
Commissioner Stephens, Commissioner Shin, Commissioner Moutzouris, and Commissioner
Khanal.
Staff present included: Assistant City Attorney Doug Ruth, Planning Services Manager Jeff Dixon,
Senior Planner Thaniel Gouk, Planner II Alex Teague, Traffic Engineer James Webb, Finance
Analyst Consuelo Rogel, and Planning Administrative Assistant Tina Kriss.
Members of the public present: Mickey Fus; Kim Richardson; Joyce Kunz; Lois Sanborn; Linda
Morris; Dr. Alan Spicciati, Superintendent of the Auburn School district; Bob Kenworthy, Assistant
Director of Capital Projects, Auburn School District; Jeffrey Grose, Executive Director of Capital
Projects, Auburn School District; Cari Manry, Auburn Citizens for Schools; David Toyer, Toyer
Strategic; Pablo Para, PH Consulting; Cindi Blansfield, Executive Director of High School and Post-
Secondary Programs at Auburn School District; and Sally McLean, Chief Finance and Operations
Officer, Federal Way Public Schools.
B.) PLEDGE OF ALLEGENCE
II. APPROVAL OF MINUTES
A. October 16, 2018
Vice-Chair Lee moved and Commissioner Kahnal seconded to approve the October 16, 2018
minutes.
MOTION CARRIED. 6-0
Commissioner Mason was unavailable for the vote, returning to the meeting after the approval of
minutes.
III. PUBLIC HEARING
Chair Roland explained that with the number of audience members in attendance for specific items, the
order of agenda items will be adjusted as follows:
Items III.A.C. 3, 2, 1, will go before Item III.A. 1-9, with Items III.B. following III.A.
Chair Roland opened the public hearing on CMP #6, CPA18-0004 at 7:02 p.m. and invited Planning
Services Manager Dixon forward for the staff report.
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Staff provided a PowerPoint presentation to present the staff report. The City of Auburn adopted
amendments to its Comprehensive Plan in 1995 in response to the Washington State Growth
Management Act (GMA) requirements, as amended. Annually since 1995, the Comprehensive Plan is
amended. In 2015, the City adopted a substantially updated Comprehensive Plan in compliance with
state-required periodic update.
Annual Comprehensive plan amendments can be initiated by the City of Auburn (city-initiated) and by
private parties (private-initiated). The application submittal deadline for the 2018 Annual Comprehensive
Plan Amendments was advertised to end June 8, 2018. This year the city is initiating nine policy/text
amendments and three map amendments. Also, the city received three private-initiated plan map
amendments by the submittal deadline. Each of the private-initiated plan map amendments will be
presented with separate staff reports for the hearing.
Chair Roland asked staff to come forward to present their staff report on Item III.C.3., noted below.
A. 2018 Annual Comprehensive Plan Amendments - Annual Comprehensive Plan Text
Amendments (Case No. CPA18-0002)
Planning Services Manager Di xon provided a PowerPoint Presentation for P/T #1 through P/T #5.
P/T #1 through P/T #4 are the request by the four school districts that fall within the City of Auburn ,
the Auburn School District, Dieringer School District, Federal Way School District and the Kent
School District. The nature of the request is to incorpor ate each of the of the Capital Facilities
Plans (CFP) that were prepared by the districts, ratified by their school boards, and incorporate
those by reference into the City of Auburn’s Comprehensive Plan.
Each of the school districts serve as their own l ead agency for the purposes of preparing t heir
environmental review decision that is required under the State Environmental Policy Act (SEPA).
The Capital Facilities Plan (C FP) for each district is provided in the binders the Commissioners
received for this meeting, along with a letter requesting an increase in fees if an increase is being
requested. A SEPA decision was also included with their review.
The impact fees are authorized under state law ; the school impact fees are based on a formula
provided by the state and city code. The actual impact fees are set by subsequent action of the
City Council.
Staff is recommending approval of the CFP for all school districts, P/T #1 through P/T #4 , and to
incorporate them into the City of Auburn Comprehensive Pl an.
1. P/T #1 – Auburn School District 2018-2024 Capital Facilities Plan
Chair Roland opened the public hearing on P/T #1 at 8:00 p.m. (items were taken out of order) and
invited staff to come forward with the staff report.
Planning Services Manager Jeff Dixon provided a PowerPoint presentation to bring forward the
staff report for P/T #1. Chair Roland called for testimony from the proponent.
Bob Kenworthy - Assistant Director for Capital Projects, Auburn School District, 915 Fourth Street
NE, Auburn
Mr. Kenworthy stated the Auburn School District Board of Directors, 2018 - 2024, approved the
Auburn School District Capital Facilities Plan, on June 11, 2018. The school district continues to
grow, projections over the next 6 years show an increase of about 500 students per year.
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Projections last year were approximately 490 students, an increase of about 100 students per
year.
The Auburn School District is heavily underway on bond projects with the replacement of three
existing schools (increasing the size) and two new elementary schools. The single-family and
multi-family impact fees will increase from last year. Using the formula and variables over the
last several years, the impact fees dropped dramatically. With current variables, the formula
represents corrected actions. The single-family impact fee for 2018 will be slightly under the
impact fee from 2016. The multi-family fees for 2018 are $400.00 less than the 2013 fees for
multi-family.
He indicated the Auburn School District discounted the 2018 multi-family fees approximately
$3,000.00 from the formula and variable calculations. The fees were discounted because the
school district wanted to keep the multi-family impact fees between $4,500.00 and $5,000.00
rather than $7,500.00.
Mr. Kenworthy stated, the Auburn School District respectfully requests the Commission move
forward P/T #1, the Auburn School Distri ct Capital Facilities Plan 2018 -2024 to
Council for approval and inclusion into the City’s Comprehensive Plan.
The Commission and staff discussed the formula. Mr. Kenworthy explained that the formula is
mandated by the state and based on variables such as land and construction costs, interest and
bond rates, bond sales, and other post-election factors. Mr. Kenworthy emphasized the fees are
returning where they were several years ago.
Chair Roland invited the public forward for testimony for and against P/T #1 three times. With no
other testimony, Vice-Chair closed the public hearing on P/T #1 at 8:11 p.m., the Commission
deliberated.
Commissioner Moutzouris moved and Commissioner Khanal seconded to recommend
inclusion of P/T #1, the Auburn School District Capital Facilities Plan 2018-2024 into the
City’s Comprehensive Plan.
Commissioner Shin stated he is recusing himself from P/T #1 because the firm he is
employed with does work for the Auburn School District.
MOTION APPROVED. 6-0
2. P/T #2 – Dieringer School District Capital Facilities Plan 2019-2024
Chair Roland opened the public hearing on P/T #2 at 8:37 p.m. and invited staff to come forward
with the staff report (the items were taken out of order).
Planning Services Manager Dixon reported that the request is by the Dieringer School District
to incorporate by reference the Capital Facilities Plan 2019-2024 into the City of Auburn
Comprehensive Plan. The Dieringer School District did not request an increase in their school
impact fees.
Chair Roland noted that no audience members were present to testify, Chair Roland asked the
Commission if they had any questions.
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With no public testimony, Vice-Chair closed the public hearing on P/T #2 at 8:38 p.m. (items
were taken out of order) and the Commission deliberated.
Vice-Chair Lee moved and Commissioner Khanal seconded to recommend inclusion of
P/T #2, the Dieringer School District 2019-2024 Capital Facilities Plan into the City of
Auburn Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 7-0
3. P/T #3 – Federal Way School District 2019 Capital Facilities Plan
Chair Roland opened the public hearing on P/T #3 at 8:13 p.m. and invited the proponent for
testimony (items were taken out of order).
Sally McLean – Finance and Operations Officer for the Federal Way School District, 3330 8th
Ave. South, Federal Way
Ms. McLean thanked the Commission for the opportunity to provide testimony in support of P/T
#3, incorporating the Federal Way School District’s 2019 Capital Facilities Plan into the City of
Auburn Comprehensive Plan.
Ms. McLean stated the Federal Way School District currently serves 603 students, a small but
growing number who reside in the Auburn city limits. Last year there were about 523 students.
Most of the students within Auburn city limits attend Meredith Hill Elementary, Kilo Middle
School, and Thomas Jefferson High School. Meredith Hill Elementary School is directly in the
Auburn boundary and served by the city.
Students within these schools also have the option of attending one of the other schools under
the district’s choice policy. Out of those 603 students within the City of Auburn and in the
Federal Way School District boundaries, 531 of those students attend Meredith Hill Elementary
School. Based on the current educational program configurations, the Federal Way School
District is out of room for additional students. Meredith hill was built to serve a student body
population of 425 students, there are currently 531 student. There are currently 1000
unhoused elementary students and 100 portable classrooms within the elementary schools.
Ms. McLean stated the current circumstances of overcrowding is why community support
moved the $450,000,000.00 bond issue in November. The bond will be used to rebuild three
elementary schools, two middle schools and three new elementary schools.
As the City of Auburn considers adopting the Federal Way School District 2019 Capital
Facilities Plan, two factors drive the majority of the fee. The formula stays the same but the
variables change. One variable that has had significant impact in Federal Way is the Student
Generation Rate, or numbers of students coming through new housing, both single-family and
multi-family housing. In 2017, the number of new students moving into three large multi-family
housing developments within the community spiked. For each unit, one student was added.
Over 1,000 new students were added to the school district from these three new developments.
That represents approximately 5% of the student population increase occurring in the last three
years. The additional cost driving the fee formula is the portion of the bond authorization that
supports increased student capacity. About 10% of the cost within the bond authorization is
supporting expanded capacity.
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On behalf of Superintendent Campbell, the Federal Way Public School District asks that the
Commission recommend inclusion of the Federal Way School District 2019 Capital Facilities
Plan into the City of Auburn Comprehensive Plan.
Chair Roland called for any other public testimony for and against P/T #3 three times. With no
other testimony, Vice-Chair closed the public hearing on P/T #3 at 8:21 p.m. (items were taken
out of order), the Commission deliberated.
Commissioner Lee moved and Commissioner Stephens seconded to recommend
inclusion of P/T #3 , Federal Way School District 2019 Capital Facilities Plan into the
City of Auburn Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 7-0
4. P/T #4 – Kent School District 2018/2019 – 2023/2024 Capital Facilities Plan
Chair Roland opened the public hearing on P/T #4 at 8:22 p.m. and invited staff to come forward
to speak on behalf of the Kent School District (items were taken out of order).
Chair Roland called for testimony from the proponent. No members from the Kent School
District attended the meeting.
Planning Services Manager Dixon stated that the single-family residences fee will increase by
$162.00 to $5,397.00 and the multi-family units will increase by $69.00 to $2,279.00. The Kent
School District is requesting the 2018/2019 – 2023/2024 Capital Facilities Plan be incorporated
into the City of Auburn Comprehensive Plan.
Chair Roland asked for clarification on the formula and how the fees are calculated. Planning
Services Manager Dixon stated the school impact calculations are mandated and set by the
state. With no public present for testimony, Chair Roland closed the public hearing at 8:35 p.m.
on P/T #4, Kent School District 2018-2019 to 2023-2024 CFP, the Commission deliberated.
Vice-Chair Lee moved and Commissioner Moutzouris seconded to recommend inclusion
of P/T #4, Kent School District 2018-2019 to 2023-2024 CFP into the City of Auburn
Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 7-0
5. P/T #5 – City of Auburn 2019-2024 Capital Facilities Plan
Planning Services Manager Dixon provided a brief overview of P/T #5, City of Auburn 2019-2024
Capital Facilities Plan (CFP). The city has prepared a six-year Capital Facilities Plan as a
required element of the Growth Management Act (GMA) (RCW 36.70A). The capital facilities
plan must provide an inventory of existing needs, future needs, and identify funding for those
future needs. The CFP has been prepared by the city’s Finance Department with assistance
from all other City departments and it meets the GMA requirements.
Capital Facilities is defined as a structure, street, utility system improvement or long-term asset,
including land. The Finance Department memo dated September 28, 2018 highlights the major
changes in the CFP from last year’s CFP by projects. Staff reviewed the completed (removed)
and projects added to the City of Auburn 2019-2024 Capital Facilities Plan.
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Staff is recommending the Planning Commission recommend approval of the City of Auburn’s 6-
year Capital Facilities Plan 2019-2024 to the City Council.
Chair Roland opened the public hearing on P/T #5, City of Auburn 2019-2024 Capital Facilities
Plan at 8:41 p.m. and called for testimony from the proponent, City of Auburn (items were taken
out of order). Staff member Consuelo Rogel, Financial Analyst, had no added comments. Chair
Roland stated no audience members were present for testimony for or against P/T #5.
With no other testimony, Vice-Chair closed the public hearing on P/T #5 at 8:45 p.m. and the
Commission deliberated.
Commissioner Moutzouris moved and Commissioner Stephens seconded to
recommend inclusion of P/T #5, City of Auburn 2019-2024 Capital Facilities Plan, into
the City’s Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 7-0
6. P/T #6 – Modify text at the end of Volume 1, “Land Use Element” to clarify and distinguish
between the various subcategories of “Special Planning Areas” that are already described
in the Plan. Bring back some missing explanation from previous pre-2015 Comprehensive
Plan to aid in describing the purpose and actions associated with each subcategory. The
changes are shown in strike through and underline in the Commission’s packet. Also,
change Map No. 1.3 to correspond. See the related Map amendment CPM #1.
7. P/T #7 – Amend text of Volume 6, Economic Development Element of Comprehensive Plan
and the Comprehensive Plan’s “Core Plan” (headline chapter) and specifically the Economic
Development Vision Statement discussion to reflect preparation of the City of Auburn Ten-
Year Economic Development Strategic Plan (TEDSP). Also, amend and the Appendices to
include the document as one of the background documents to the Plan. The changes are
shown in strike through and underline.
8. P/T #8 – Amend text and policies of Comprehensive Plan to add back the contents of the
former Chapter 10, “Historical Preservation” from pre-2015 Comprehensive Plan as a new
Chapter 8, with some minor revisions. Also, add a corresponding section to the “Core Plan”
to maintain formatting, add a map of designated landmarks, as before and amend the
Appendices to reflect the map addition. See related Map amendment CPM #2. The text
changes are shown in strike through & underline.
9. P/T #9 – Modify text of Volume 1, “Land Use Element” of the Comprehensive Plan to
remove the mapped designation of “Residential Transition Overlay” from the Comprehensive
Plan Map. The text requires modification to eliminate references to the map location. See
related Map amendment CPM #3.
Chair Roland opened the public hearing on P/T #6, P/T #7, P/T #8, and P/T #9 at 8:48 p.m.
(items were taken out of order).
Chair Roland called for staff to present the staff report for P/T #6. Planner II, Alexandria
Teague presented the staff report. Staff stated the section; “Special Planning Areas” is in
need of revision for clean-up action so that it is clear, concise, well-organized, and detailed
so staff and decision makers can use it for planning processes and decisions. Staff
provided information on the text amendment including the strike through and underline
changes to Auburn Comprehensive Plan. Staff recommends the Planning Commission to
recommend approval of policy text amendments to the “Special Planning Areas” section of
Volume 1, “Land Use Element”. The Commission had no questions.
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Planning Services Manager Dixon provided the staff report for P/T #7. Staff explained that
P/T #7 is to amend text of Volume 6, “Economic Development Element” of the
Comprehensive Plan to recognize the preparation of the COA Ten-Year Economic
Development Strategic Plan. The proposal is to make the text of the city’s comprehensive
plan agree with the preparation of the ten-year strategic plan. The city’s Core Plan would
also be amended to be consistent with the update to the city’s comprehensive plan. Staff
noted, strike through and underlined versions have been provided in the packet. The
appendix and table of contents would also be adjusted to identify the updates. Staff asked if
the Commission had any questions. The Commission had no questions on P/T #7.
Planning Services Manager Dixon provided a PowerPoint presentation on P/T #8, and
reviewed the staff report. Staff explained that P/T #8 is a proposal to amend text of
Comprehensive Plan to add back the former “Chapter 10, Historical Preservation” from the
pre-2015 Comprehensive Plan with some minor policy updates. A corresponding section to
the “Core Plan” would also be added to maintain formatting along with adding a map of
landmark, designated properties, similar to before, and amend the Appendices and Table of
Contents to reflect the updates.
The Policy guidance also provides a mechanism for the removal or demolition of a building
and a mitigation fund that could fund historic preservation efforts elsewhere and would
provide the flexibility to do so by policy. Subsequent regulations would be established for
that process. Staff noted that strike through and underlined updates have been provided to
the Commission in their packet.
Senior Planner Dustin Lawrence provided a PowerPoint presentation for P/T #9 to present
the staff report. Staff explained P/T #9 is to amend the text of Volume 1, “Land Use
Element” to remove the mapped designation of “Residential Transition Overlay” and modify
text to agree. Staff noted, it is being changed because the approach identified is difficult to
implement for multiple reasons. There is redundancy with other provisions that are in place,
the proposal will simplify the “Residential Transition” policy and make them applicable for all
developments throughout the City when warranted. The RT Map designation can be done
through a separate action. The Commission had no questions.
With no audience members in attendance for public testimony, Chair Roland closed the
public hearing on P/T #6, P/T #7, P/T #8, and P/T #9 at 9:03 p.m., the Commission
Deliberated (items were taken out of order).
Vice-Chair Lee moved and Commissioner Khanal seconded to recommend
inclusion of P/T #6, P/T #7, P/T #8 and P/T #9, of CPA18-0002, into the City’s
Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 7-0
B. 2018 Annual Comprehensive Plan Amendments - Annual Comprehensive Plan Map
Amendments (CPA18-0002 City Initiated)
1. CPM #1 – Change the Comprehensive Plan Map, "Designated Areas, Map # 1.3" to remove
"Environmental Park" Designated Area and amend “Impression Corridors Map #1.5,” to agree
with Plan text (See also related text amendment P/T #6).
2. CPM #2 – Add back a similar Historic Resource Inventory Map from former Chapter 10,
Historic Preservation Chapter, from the pre-2015 Comprehensive Plan as a re-numbered
Map 8.1. (See also related text amendment P/T #8)
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3. CPM #3 – Amend Comprehensive Plan Map to remove the mapped designation of
"Residential Transition Overlay". (See related text amendment P/T #9)
Chair Roland opened the public hearing on CPM #1, CPM #2, and CPM #3 at 9:04 p.m.
and invited staff to come forward with the staff report (items were taken out of order).
Planner II, Alex Teague, presented a PowerPoint presentation to bring forward the staff
report on CPM #1. The map update is related to P/T #6, regarding the “Special Planning
Areas” to amend “Designated Areas Map #1.3” removing the “Environmental Park”
designated area due to rezoning in 2017 to M-1, Light Industrial. CPM #1 will also
propose to remove the “Impression Corridors Map #1.5” to agree with the updated list of
streets in the Comprehensive Plan. The Commission had no questions.
Planning Services Manager Dixon provided the staff report on CPM #2. Staff explained
that CPM #2 would add back an updated and renamed Historic Resource Inventory Map
from the former Chapter 10, Historic Preservation Chapter, as a re-numbered Map 8.1.
Staff reviewed properties that will be removed and added to the map to indicate only
properties that have been officially recognized as “Historic Preservation” properties.
Commissioner Mason asked that JC Pennies be included as a “Historic Preservation”
property. Staff explained that the owner applies for the designation and the city has not
received a request by the owner, therefore, it does not have an official recognition and
thus is not proposed to be included within the map. Staff noted, though an investigation
had been undertaken for that property, the owner did not apply for the designation.
Senior Planner Dustin Lawrence provided a PowerPoint presentation on CPM #3 to
present the staff report. Staff noted that this map amendment is related to P/T #9. CPM
#3 would amend the Comprehensive Plan Map to remove the mapped designation of
“Residential Transition Overlay” from Land Use Map # 1.1. The Commission had no
questions for staff.
With no members of the public present for testimony, Chair Roland closed the public
hearing on CPM #1, CPM #2, and CPM #3, CPA18-0002, at 9:14 pm, the Commission
deliberated.
Commissioner Khanal moved and Commissioner Stephens seconded to
recommend inclusion of CPM #1, CPM #2, and CPM #3, CPA18-0002 into the
City’s Comprehensive Plan.
MOTION APPROVED UNANIMOUSLY. 7-0
C. 2018 Annual Comprehensive Plan Amendments - Annual Comprehensive Plan Map
Amendments (Privately- Initiated)
1. CMP #4, CPA18-0001 – Labrador Ventures LLC to change 3 parcels totaling approx. 1.89
acres located NE of 40th and I ST NE from the "Residential Transition Overlay" to "Multiple
Family Residential" and rezone from “R-7, Residential 7 dwelling units per acre” to “R-20, 20
Dwelling Units Per Acre”.
Chair Roland opened the public hearing on CMP #4, CPA18-0001 at 7:44 pm. and invited staff to
come forward with the staff report (items were taken out of order).
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Senior Planner Thaniel Gouk provided a PowerPoint Presentation on CMP #4, CPA18-0001.
Staff reviewed the decision criteria for map amendment CPM #4. A Determination of Non-
Significance (DNS) was issued under city file SEP18-0008 on August 16, 2018. The comment
period ended August 31, 2018 and the appeal period ended September 14, 2018. There were
no appeals.
Staff believes the request by the applicant is justified and staff’s recommendation is for the
Planning Commission to recommend to the City Council approval of the Labrador Ventures LLC
Comprehensive Plan Land Use Map amendment and rezone request. Chair Roland called for
testimony from the proponent on CMP #4, CPA18-0001.
David Toyer, Toyer Strategic, 2705 Colby Avenue, Everett
Mr. Toyer thanked the Commission and staff for their time with the proposed amendment
submitted by Toyer.
Mr. Toyer stated the amendment is reasonable. It is a total of 1.89 acres on three parcels. The
subject parcels are surrounded by multi-family with heavy commercial adjacent. The
amendment would clean up zoning boundaries relative to the property. Mr. Toyer stated that
staff has recommended the proposed changes, on behalf of Labrador Ventures LLC asks that
you reach the same conclusion.
Mr. Toyer stated there are no immediate development plan for the site but the owner is looking
at different options and alternatives available. A traffic study was submitted for the proposal
with a previous wetland report submitted some years ago to provide staff ample analysis during
the SEPA review process.
Chair Roland called for other testimony for and against CMP #4, CPA18-0001.
Joyce Kunz – 3828 I Place NE, Auburn
Ms. Kunz stated she lives close to the applicant’s property. She expressed a concern that if the
nearby property owned by the Auburn School District is selected for a future school access may
be limited. She also noted that the proposal, if approved, may affect the properties owned by
Labrador Ventures LLC since their property faces I Street.
Chair Roland stated that the Commission has no knowledge of future development by the
school district but it may be helpful to discuss this with the school district or city staff. Jeffrey
Grose agreed that he would be available to discuss the site with Ms. Kunz.
Lois Sanborn – 3828 I Place NE, Auburn
Ms. Sanborn stated she has been in contact with city staff and that her home is directly south of
I Place NE, a cul-de-sac of single-family dwellings. The properties north of that parcel are also
zoned single-family. She expressed her concern if Labrador’s property is zoned multi-family
the environmental impact would be greater than if zoning remains single-family. Ms. Sanborn
stated though she understands the need for additional housing, she would like the property to
remain zoned single-family.
Chair Roland called for public testimony on CMP #4, CPA18-0001 three times.
Commissioner Stephens asked staff if there were any other public comments. Staff reported
that no other written comments were received although one or two phone calls were received to
inquire what exactly was happening. The calls were inquiries for more information and no
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specific comments were noted. The Commission and staff discussed the types of housing
would be allowed with the multi-family housing. Staff explained that ACC 18.07.020 notes the
permitted uses for the R-20 zone, provided in Exhibit 6. Mostly multi-family units, garden style
apartment buildings with 2, 3, and 4 stories. Staff discussed the reviews that would follow a
submittal for the review of the design standards.
Commissioner Kahnal asked if the amendment and rezone were approved, would they be
required to have a certain portion developed as affordable housing. Staff explained that the
City cannot require the development of affordable housing or eliminate the applicant from
proposing affordable housing. It is up to the developer to determine what market value of
development they propose. With no other testimony, the Chair closed the public hearing on
CMP #4, CPA18-0001 at 7:59 pm and the Commission deliberated.
Commissioner Kahnal moved and Vice-Chair Lee seconded to recommend inclusion of
CMP #4, CPA18-0001, the request by Labrador Ventures LLC to change the designation
of three undeveloped parcels, totaling approx. 1.89 acres, located NE of 40th and I ST
NE from “Single Family Residential” & “Residential Transition Overlay” to “Multiple
Family Residential” and associated rezone from “R-7, Residential 7 dwelling units per
acre” to “R-20, 20 Dwelling Units Per Acre” into the City’s Comprehensive Plan.
MOTION APPROVED. 6-1
2. CMP #5, CPA18 -0003 – Auburn School District request to change 2 parcels totaling approx.
0.9 acres located west of Pioneer Elementary from "Single Family Residential" to "Institutional"
and rezone from “R-7, Residential 7 dwelling units per acre” to “P-1, Public Use”.
Chair Roland opened the public hearing on CMP #5, CPA18-0003 at 7:36 pm and invited staff to
come forward with the staff report (items were taken out of order).
Senior Planner Dustin Lawrence provided a PowerPoint presentation for CMP #5, CPA18-
0003. Staff provided a review of the project and designated criteria. A Determination of Non-
Significance was issued on August 9, 2018. The comment period ended August 24, 2018 with
no comments received. The plan for the Auburn School District is to redevelop Pioneer
Elementary since it is passing its useful life.
Staff is recommending Planning Commission to recommend to the City Council approval of the
Auburn School District No. 408 (CPA18-0003) request for a Comprehensive Plan Map
Amendment to change the map designation of two parcels from “Single-Family” to “Institutional”
and to rezone both parcels from “R-7, Residential Zone – Seven Dwelling Units Per Acre” to
“P1, Public Use” zoning district.
Chair Roland called for testimony from the proponent on CMP #5, CPA18-0003.
Jeffrey Grose, Executive Director of Capital Projects, Auburn School District. 915 4th Street SE,
Auburn.
After a thorough review of the city’s staff report, Mr. Grose stated he concurs with the Ffindings
of Fact and Recommendation to approve the 2018 Comprehensive Plan Amendment and
rezone requested by the School District.
The Auburn School District, as part of the bond package passed, is including the replacement
of Pioneer Elementary school. By rezoning, the property so that it can be used for a school it
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PLANNING COMMISSION MEETING MINUTES November 7, 2018
Page 11
will provide greater flexibility in the design of the school and provide an additional acre of
property that will allow the school to provide more on-site parking to reduce parking within the
neighborhood.
Chair Roland called for testimony for and against CMP #5, CPA18 -0003 three times . With
no other testimony, Vice-Chair closed the public hearing on CMP #5, CPA18-0003 at 7:42 pm,
the Commission deliberated.
Commissioner Stephens moved and Commissioner Khanal seconded to recommend inclusion
of CMP #5, CPA18-0003, Auburn School District request for a Comprehensive Plan Map
Amendment to change the map designation of two parcels, Parcel Nos. 192105-9282 and
192105-9190 from “Single-Family” to “Institutional” and to rezone both parcels from “R-7,
Residential Zone – Seven Dwelling Units per Acre” to “P-1, Public Use” zoning district into the
City’s Comprehensive Plan.
Commissioner Shin stated he is recusing himself from CPM #5, CPA18-0003 because
the firm he is employed with provides work for the Auburn School District.
MOTION APPROVED. 6-0
3. CMP #6, CPA18 -0004 – Auburn School Dist. to change 4 parcels totaling approx. 22.08
acres located west of Kersey WY SE from "Residential Conservancy" to "Institutional" and
rezone from “RC, Residential Conservancy” to “I, Institutional”.
Chair Roland opened the public hearing on CMP #6, CPA18-0004 at 7:02 pm and invited staff to
come forward with the staff report (items were taken out of order). Senior Planner Dustin
Lawrence provided a PowerPoint presentation on CMP #6, CPA18-0004.
Staff reviewed comments submitted during the comment period that expired on September 12,
2018 for the State Environmental Policy Act (SEPA) determination. Senior Planner Lawrence
stated the majority of the comments expressed concerns regarding traffic. Comments regarding
aesthetic design and the public wanting to have input as to the design of the building were
received. Concern regarding pedestrian safety for children walking to school and issues that
could arise with parents dropping off and picking up children at the school were also expressed.
The Comments were forwarded to city staff, the applicant and city staff provided written
responses to the public comments.
After reviewing applicant’s proposal and the location of the property, staff reviewed the decision
criteria as set forth in Auburn City Code ACC 14.22.110. Staff stated it is staff’s recommendation
for the Planning Commission to recommend to City Council approval of the private initiated
Comprehensive Plan (Kersey W ay SE Site)., CPM #6 and associated map amendment (rezone).
Chair Roland called for testimony from the proponent on CMP #6, CPA18-0004.
Jeffrey Grose, Executive Director of Capital Projects, Auburn School District. 915 4th Street NE,
Auburn.
Mr. Grose expressed his gratitude for allowing the him to speak on behalf of the school district’s
proposal to rezone the property on Kersey Way and 57th Street SE as a 2018 Comprehensive
Plan Amendment.
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PLANNING COMMISSION MEETING MINUTES November 7, 2018
Page 12
The school district owns three of the parcels and has possession and use rights with
authorization by the property owner to submit an application in their name for the rezone and
comprehensive plan amendment for the fourth parcel.
Mr. Grose stated the school district recognizes this as a complex piece of property and
proposal thanking the city for a very thorough and objective staff report. The school district
concurs with the findings of the staff report and the city’s recommendation to approve the
comprehensive plan amendment and rezone under CPM #6, CPA18-0004 & REZ18-0004.
Mr. Grose pointed out for that educational uses for zoning in Auburn are not permitted outright,
if property is purchased by the school district the use is not automatically allowed so approval
must be requested. With severe overcrowding additional schools are needed, a result of
enrollment growth and class size reduction. The Auburn School District is the fastest growing
school district in King County; schools are needed to address that growth.
The State of Washington recently mandated that the number of kids in classrooms be reduced.
This is a positive educationally, but increases pressure on school districts, as more classrooms
are needed so districts are required to find and rezone property to build schools. Currently to
address the problem the Auburn School District has 112 portable classrooms spread
throughout the district to house approximately 2800 students. If three new schools were built
today, the issues regarding space would not be resolved.
On a long-term basis, the school district is looking for and rezoning property to address these
issues. The data and information shows that school district needs institutionally zoned property
to build schools and relieve the overcrowding.
The property on Kersey way was selected after extensive research, investigations, and
analysis. There are two main criteria in selecting a site for a school, the level of overcrowding
and if the site is the most suitable for a school. The site is very suitable for a school and the
level of overcrowding is high. In 2015, the Auburn School District convened an ad hoc
committee of citizens to study the school facilities and provide guidance in building new
schools. The recommendation was to acquire and build two new schools as soon as possible,
one in the south end and one in the north end. The Kersey Way site is the south end site.
The search for property is extensive, looking at advantages and disadvantages. Further
analysis, research, and study is completed on the proposed properties (thirty-three) to
determine if it is suitable for a school. Twenty different companies and consultants were
involved to assist to research, investigate, and acquire property. The effort to site a school is
not taken lightly; the effort is aggressive and extensive.
Mr. Grose stated that the neighborhood/community has identified that traffic is of concern and
with the application, a traffic study was provided to the city, dated September of 2017. The
traffic study was to be provided before the June 2018 deadline for the 2018 Comprehensive
Plan application submittal. If approved, the school district will be submitting an additional
comprehensive traffic study for the environmental analysis for that school site.
Mr. Grose emphasized that changing the property from “Residential Conservancy” to
“Institutional” will have benefits for a number of parties. First, it will help meet the obligation to
serve the needs of the students, help families in the area, and help meet the commitments of
the voters who stepped up and voted for a major bond issue package to buy property and build
schools. Building a school on this site will relieve overcrowding on the south Auburn end.
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PLANNING COMMISSION MEETING MINUTES November 7, 2018
Page 13
The site is large and has a wooded buffer that can be maintained on all four sides of the school.
The new school would include the construction of a ten-foot wide sidewalk and the installation
of streetlights all along Kersey Way. All students will have the opportunity to be bussed to
school, however, a safe walking route would be provided for students and the community.
With a very large site, there will be enough room to park all cars and busses on site for school
use and events. No offsite parking will be needed for large events.
Though bussing will be provided for all students, the site will have queuing space for parents
who want to pick up their children without any back up into Kersey Way. In addition to the
school serving the needs of students and their families, indoor and outdoor space will provide
community opportunities.
Mr. Grose thanked the Commission and staff for their time, and stated he and his traffic
consultant will be available for any questions. Chair Roland asked what ages the school would
serve. Mr. Grose stated it would be an elementary school serving pre-school through 5th grade.
Chair Roland called for testimony for and against CMP #6, CPA18-0004.
Linda Morris, homeowner/property owner near the school site.
Ms. Morris stated her property is located near Kersey Way SE. She states that she was
recently visited by a consultant hired by the school district to inform her that the frontage of her
property would be acquired in some way for a right-of-way to expand the roadway for a
proposed left turn lane for the proposed school site.
Ms. Morris asked how this will affect her property. She stated the consultant provided her a
map of the school site and the frontage they would like to acquire. Her understanding is that
the property would be affected with 5 to 10 feet of frontage along Kersey, which will
greatly influence her property. She expressed a concern that the tall trees along her property
line, acting as a noise buffer, would be removed if the school district acquires the property
which would greatly impact her property. She asked if a request for easement would be
requested through a fee simple purchase.
Ms. Morris explained that if a 10-foot sidewalk and a possible 10-foot construction easement
were provided she would that affect the setbacks she was previously in compliance. She would
like these questions, the timing of the project and construction timeline to be addressed.
Chair Roland stated that the Commission cannot answer those questions but believes it would
be a conversation to address with the school district. Chair confirmed that the public hearing
addresses the rezone and amendment.
Chair Roland called for testimony for and against CMP #6, CPA18-0004 a three times.
Commissioner Shin asked to be recused from CPM #6 due to a conflict of interest; his firm
provides services for the Auburn School District.
The Commission and staff discussed a future traffic analysis to study placement of the
building, traffic impacts, and other analysis of the impacts the development may have.
Traffic Engineer Webb stated that upon submittal of the project action for the
construction of the elementary school on this property, there would be a more extensive
traffic impact analysis prepared on behalf of the school district.
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PLANNING COMMISSION MEETING MINUTES November 7, 2018
Page 14
With no other testimony, Vice-Chair closed the public hearing on CMP #6, CPA18-0004 at 7:33
pm, the Commission deliberated.
Commissioner Stephens moved and Commissioner Khanal seconded to recommend
inclusion of CMP #6, CPA18 -0004,changing 22.08 acres located west of
Kersey WY SE from “Residential Conservancy” to Institutional” and a rezone
from “RC, Residential Conservancy” to “I, Institutional” into the City’s
Comprehensive Plan.
MOTION APPROVED. 6-0
IV. OTHER BUSINESS
No items were brought forward for “Other Business”.
V. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager Jeff Dixon reported there are no updates to provide to the Commission.
Commissioner Stephens commended staff on the multiple reviews and in depth conversation leading up to
the public hearing, allowing the Commission to move through the amendments expediently.
The Commission and staff confirmed the next meeting would be held January 8, 2018.
VI. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland adjourned the
meeting at 9:23 p.m.
Page 16 of 75
AGENDA BILL APPROVAL FORM
Agenda Subject:
Election of Officers
Date:
January 10, 2019
Department:
Community Development
Attachments:
Memorandum
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Planning Commission to elect the Chair and the Vice-Chair of the 2019 Planning
Commission.
Background Summary:
See the attached memorandum.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:January 23, 2019 Item Number:
Page 17 of 75
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Vice-Chair / Roger Lee
Planning Commission Members
FROM: Jeff Dixon, Planning Services Manager
DATE: January 11, 2019
RE: January 23, 2019 Planning Commission Agenda
Distribution of Rules and Procedures
The Planning Commission’s Rules of Procedures were last amended on June 5, 2018.
Review existing procedures. Annually, the Planning Commission revisits the Rules and
Procedures as a content reminder and also to consider any modifications.
Election of Officers for 2019 – Section III
Pursuant to the Planning Commission’s adopted Rules of Procedures (provided as
Attachment A), subsection III.2 states that the Planning Commission shall elect officers
at the first regular meeting of each calendar year. Before the close of the January 23rd
meeting, officers must be elected for 2019. The results of the election will take effect at
the following meeting so that new appointments are prepared to serve in their new
capacity.
Modifications to Rules and Procedures
Staff Recommendation:
Review the Planning Commission Rules of Procedure adopted June 5, 2018 to
determine if the Commission would recommend any changes or additions.
Page 18 of 75
AGENDA BILL APPROVAL FORM
Agenda Subject:
PSERN – Emergency Wireless Communication Facility
(ZOA18-0001)
Date:
January 10, 2019
Department:
Community Development
Attachments:
Memorandum
Attachment A - Propos ed Amendment
Attachment B - Adminis trative Decision
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background Summary:
Please see the attached memorandum.
Rev iewed by Council Committees:
Councilmember:Staff:Teague
Meeting Date:January 23, 2019 Item Number:
Page 19 of 75
January 2019 1
Memorandum
TO: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Alexandria Teague, Planner II, Department of Community Development
DATE: January 10, 2019
RE: City File Nos.: ZOA18-0001 and SEP18-0015 – mend the City’s Zoning Code – Title 18 to allow
the use and siting of emergency wireless communication facility (“WCFs”) within the I,
Institutional Zoning District of the Auburn City Code (ACC).
I. PROPOSAL. The Puget Sound Emergency Radio Network (PSERN) has submitted applications for, and
proposes to construct a self-supporting, 180-foot, unmanned, wireless communications facility
(“WCF”) consisting of a tower and associated ground equipment, in support of the Puget Sound
Emergency Radio Network system. The application also proposes to amend the City’s Zoning Code –
Title 18 to allow the use and siting of emergency community WCFs within the I Institutional Zone of
the Auburn City Code (ACC). Since the Planning Commission makes recommendations to the City
Council on substantive zoning code changes, at your January 23, 2019 meeting, staff would like to
introduce and discuss:
The type of facility proposed (while the proposal will be discussed, the construction approvals
are not the scope of the Planning Commission);
The location and setting;
The zoning development standards that normally apply to all WCFs;
The requested zoning code text amendment and affected zoning district; and
The zoning development standards proposed to apply to this specific category of WCFs.
II. WHAT IS PSERN? PSERN is a public safety wireless communications network intended to replace the
current King County (KC) Emergency Radio Communications System, which is 20 years old and is
limited in coverage. PSERN, much like the KC Emergency Radio Communications System, will be used
by first responders to coordinate activities during emergency incidents, and will be used by all
jurisdictions in King County.
Due to the increase in population within the region since the current system was initiated, additional
radio coverage is needed. The current system is to be replaced in order to provide greater coverage
and increase reliability. Replacing the KC Emergency Radio Communication System will involve both
upgrading existing WCFs and constructing new WCFs.
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EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 2
The KC Emergency Radio Communications System replacement project (“replacement project”) is
funded by a levy lid lift. A levy lid lift allows a taxing jurisdiction to seek voter approval to allow for
additional property taxes to be collected, when the levy it at its limit (known as a “levy limit”). The
King County Council approved a levy lid lift to fund the replacement project. The levy lid lift was placed
on a 2015 ballot and was approved by King County voters.
While King County is responsible for leading the replacement project, an “Implementation Period
Interlocal Cooperation Agreement” is in place for the planning, construction, and testing of WCFs. King
County, the City of Auburn, and approximately ten other jurisdictions are signatories of the interlocal
agreement.
The current system is owned by four (4) agencies: Eastside Public Safety Communications Agency
(EPSCA), King County, City of Seattle and Valley Communications (ValleyComm). While the system is
run by a central computer, each of the four entities owns separate WCFs.
Once the replacement project is complete, a new public, non-profit organization will be created to
operate and maintain the new system infrastructure. Governance of the operations will also be
outlined by another interlocal agreement. Per the PSERN website, an Operations Period Interlocal
Agreement has been drafted.
III. WHAT IS A WIRELESS COMMUNICATION FACILITY? The zoning code contains definition of WCF and
several related definitions of components. These definitions and regulations are primarily intended to
regulate commercial for-profit wireless communication facility providers or carriers, such as T-Mobile,
Verizon, Sprint, etc. The zoning code definitions are provided below for background and context.
Auburn City Code (ACC) 18.04.912, says a “wireless communication facility” or WCF “means any
non-staffed facility for the transmission and/or reception of wireless telecommunications services,
typically consisting of an antenna array, an equipment facility and/or a support structure”.
“Antenna array” means one or more rods, panels, discs or similar devices attached to a support
structure used for the transmission or reception of radio frequency signals.
”Equipment facility” is the “structure used to contain ancillary equipment for a WCF which may
include cabinets, shelters, an addition to an existing structure, pedestals and other similar
structures.”
”Support structure“ means the structure to which the antenna and other necessary associated
hardware are attached”. Both monopoles (a single spire) and lattice towers (consisting of a network
of crossed metal braces to form a tower) are considered “primary support structures” or (“towers”).
In short, there are three types of WCFs defined in Auburn City Code (ACC 18.04.912):
Type 1 are new antennas erected on existing buildings or nonresidential structures. There are
four (4) types of Type 1 facilities. The four types of Type 1 facilities differ by the allowed height
of the combined height of the antenna with the existing building.
Type 2 are new antennas erected on existing (primary) support structures that have previous
city approvals. There are two (2) types of Type 2 facilities. The two Type 2 facilities differ by the
allowed expansion of the equipment area.
Type 3 is the erection of new (primary) support structures (“towers”). There are two (2)
separate Type 3 WCFs:
o Type A - monopoles that are 75 feet in height or less; and
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EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 3
o Type B - monopoles that are more than 75 feet in height or lattice towers (e.g.
electricity transmission towers) of any height.
IV. AUBURN’S PROPOSED EMERGENCY WCF. The new emergency WCF to be located in Auburn is
proposed to enhance E-911 emergency communications by increasing coverage throughout the
region. The Auburn emergency WCF will consistent of a self-supporting tower that is 180 feet in
height, with four (4) antennas and two (2) microwave dishes on the tower, and an at grade equipment
facility including an emergency backup power generator at the base of the tower within a fenced yard.
It would be considered a Type 3 WCF.
Its proposed location (the “subject property”) is west of the intersection of Auburn Way S and 32nd St
SE, on Auburn Adventist Academy owned property.
This site was selected after extensive site selection process by PSERN. The site elevation, tower height
and presence of surrounding obstacles such as tree vegetation are critical factors in site selection.
Emergency WCF siting is predicated on radio frequency (RF) engineering which uses line-of-sight (LOS)
technology. LOS technology requires an unobstructed path between receivers and transmitters.
Obstructions include trees, other structures, and even the landscape (e.g. hills). Therefore, to achieve
adequate communication signal coverage a tower and its antennas must be of a higher than
surrounding obstructions.
Currently one emergency WCF is proposed within the City of Auburn. And while and additional
emergency WCFs are unlikely due to the coverage planned with this facility other locations within the
City may be warranted in the future. If additional facilities are proposed, the impacts related to the
siting of future emergency WCFs will be subject to and addressed under separate project-specific
environmental and permitting reviews.
V. SUPPLEMENTAL SITING STANDARDS PERTAINING TO WCFs IN AUBURN CITY CODE. To assist the
Planning Commissioners, staff summarizes below the regulations that normally apply to all WCFs and
then, in the subsequent section, those changes that are requested for this specific facility. WCFs are
subject to the following provisions of ACC 18.31.100 “Wireless communications facilities siting
standards” below. A full description of ACC 18.31.100 is included in Attachment A.
1. Separation between Facilities: The minimum separation for a new primary support structures (a
“tower”) that is 75 feet or less in height, is the height of tower (including antennas), multiplied
by a factor of 10. The minimum separation for a new primary support structure that is greater
than 75 feet in height is the height of the tower (including antennas) multiplied by a factor of 20.
The minimum separation between primary support structures is measured by a straight line
from the base of the structure to another structure.
(Note the code exception for emergency communication from separation)
2. Co-Location (collocation) Requirement. Any Type 3-B facility must execute and provide
evidence with the carrier will allow for other carriers to place their antennas on the structure,
and must provide evidence that an existing Type 3-B facility could not be used instead of
building a new tower.
3. Height. A WCF may not exceed the height limitation allowed within a zoning district (zone). The
height limitation is determined by the maximum height zoning development standard for a
particular zone (e.g. the C-3 zone has a maximum height limitation of 75 feet). A variance may not
be used to exceed the height of a variance allowed within a zoning district. However, unless
otherwise restricted, building- or structure-mounted antennas may extend up to 15 feet above
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EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 4
the maximum height permitted within the zoning district. Antennas that are mounted on
structures that don’t otherwise have a height restriction (e.g. stadium and field lighting or
elevated water tanks under the jurisdiction of the City) may be allowed to increase the overall
height of the structure by 10 percent. Lastly, documentation must be provided to the City that
that the Federal Aviation Administration (FAA) has evaluated the has approved the location of a
primary support structure relative to the Auburn Municipal Airport.
4. Setbacks. Equipment shelters, cabinets, support structures or other above-ground facilities
(“equipment facilities”) are required to meet the setback of the zoning district. However,
equipment facilities used to directly support primary support structures must be set back the
same distance required of the primary support structure. Further, equipment facilities within a
nonresidential zoning district (e.g. C-3, Heavy Commercial) must be set back a minimum of 50
feet from an adjacent residential zoning district. Roof mounted antennas and equipment
shelters and/or cabinets should be placed away from public views, and must be screened by a
parapet or similar architectural feature.
A primary support structure, of any height, must be setback a distance equal to the overall
height of the primary support structure (including antennas) multiplied by a factor of two from a
residentially zoned parcel.
5. Fencing and Landscaping. All equipment facilities are required to be enclosed by a fence that is
six feet in height. An equipment facility that is visible from the right of way must be enclosed by
100% sight-obscuring fencing and five feet of landscape buffer; when visible from an adjacent
residential use, it must also be enclosed by fencing and a five foot landscape buffer.
6. Aesthetics. New primary support structures (“towers”) are required to be painted, with the use
of grays, blues and greens being appropriate; however, each application is evaluated
individually. New towers may also be required to blend the facilities in with the adjacent
development or structure (e.g. disguising the facility as a tree). Building- or roof-
mounted antennas will be painted or textured to blend with the adjacent surfaces. Unless
required by the FAA or Federal Communications Commission (FCC), a tower nor an antenna may
contain symbols, images or trademarks large enough to be legible to occupants of vehicular
traffic on any adjacent street.
7. Lighting. Primary support structures cannot be artificially lit, unless required by the FAA (or
another applicable authority). Lighting must be approved by the City. Security lighting for above-
ground support equipment must be directed downward, shielded and kept within the
boundaries of the site.
8. Abandoned Facilities. A WCF which is not utilized for a period of nine months or more will be
considered abandoned. A WCF that falls into a state of disrepair, as determined by the planning
director, will also be considered abandoned. Once an WCF has been considered abandoned it
must be removed completely within 90 days from the date of notification by the city’s code
enforcement personnel. The 90 day period may be extended if a valid application for use of the
facility be submitted to the city.
9. Noise. A WCF is subject to the maximum permissible environmental noise levels provided in
Washington Administrative Code (WAC) 173-60-040 as a Class B, commercial, noise source.
VI. PROPOSED ZONING CODE AMENDMENT. PSERN has requested changes in three sections of the City’s
zoning code regulations applicable to WCFs to accommodate their proposed facility. The three
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EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 5
sections would be amended to recognize a special type of WCF as a “Emergency WCF” to fall under
the category of a Type 3-A and 3-B WCF. The proposed text amendments to Auburn City Code Chapter
18.04 (Definitions), 18.31 (Supplemental Development Standards), and 18.35 (Special Purpose Zones)
to allow the use and siting of emergency community WCFs within the Institutional Zone of the Auburn
City Code (ACC) are summarized below in Items 1 through 3, as follows:
Item 1. Add Emergency WCFs to List of Established Zones
The purpose of Item 1 is to define what constitutes an “emergency WCF” in the City’s Zoning Code
(Title 18). Therefore, a new definition for emergency WCFs is proposed to be added within Chapter
18.04 “Definitions” ACC is presented below.
18.04.912 Wireless communications.
“Wireless communications” means the provision of any personal wireless service, as defined in
the Telecommunications Act of 1996, and for the purposes of this title includes the following
terms:
K. “Emergency WCF” means an emergency communication facility system operated by a local
public agency responsible for providing emergency communication services.
Item 2. Exempt Emergency WCF Height and Setback Siting Standards
Items 2 describes the proposed height and setback exemptions for emergency WCFs from the siting
standards contained in Chapter 18.31 “Supplemental Development Standards”.
Height Exemption. This code amendment requests that an emergency WCF is not subject to the
height siting limit for a WCF facility. Currently, a WCF may not exceed the height limitation of the
maximum height allowed within a zoning district. For example, the maximum height or height
limitation for the Institutional zone is 45 feet. The currently proposed emergency community WCF is
approximately 180 feet (185’ with the lighting rod) and therefore does not currently meet the height
siting standard for WCFs. A change to the applicable height standard is requested since relief from the
height limitation by a variance is specifically precluded by the code language.
The proposed height exemption is intended to prevent height from being a restriction in siting
emergency WCFs. Due to the use of the radio frequency line of sight (LOS) technology, adequate LOS
is required. The need for the adequate LOS affects both the location of a WCF (i.e. sites at higher
elevations are more suitable sites) and the height of the WCF itself. The height of the WCF is in part
dependent on achieving adequate LOS. Exhibit 1 depicts height as a proposed exemption.
Setback Exemption. In accordance with ACC 18.31.100(D) ‘Setbacks’, the minimum distance from any
primary support structure (“tower”), of any height, to any residentially zoned parcel of property shall
be a distance equal to the overall height of the tower (including antennas) multiplied by a factor of
two. For example, the proposed tower would need to be set back 360 feet from the residentially
zoned properties (reference Image 1 below) located directly west and south of the subject property.
However, the proposed tower is approx. 14 ft. from the western property line and is 15 ft. from the
southern property line, both of which abut residentially zoned properties, and therefore does not
meet the setback siting standard for WCFs.
Unless within a non-residential zoning district, equipment facilities are required to be set back based
the setback of the zoning district. When an equipment facility is within a non-residential zoning district
(e.g. the Institutional zone), it must be set back 50 feet from any adjacent residential zoning district.
For example, the currently proposed equipment facility would need to be setback 50 feet from the
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EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 6
adjacent residentially zoned properties located to the west and south. The proposed equipment
facility is approx. 30 feet from the southern property line and approximately three to four feet from
the western property line, both of which abut residentially zoned properties. Unlike the height siting
standard, relief from the setback standard, via a variance, can be requested for setback siting
standard. For approval of the variance, the application would need to meet the criteria for approval
of the variance as found at ACC 18.70.010.
Much like the height exemption, the purpose of the setback exemption prevents the setback
standards from being a restriction in siting emergency WCFs. Exhibit 1 depicts setbacks as a proposed
exemption. It should be noted that while the emergency WCF would be exempt from the setback, a
landscape buffer of 5 feet would be required when the above ground equipment was visible from the
right of way or an adjacent property.
Image 1. Excerpt Zoning Map
Exhibit 1. Required and Exempt Supplement Siting Standards Applicable to WCFs
Required Standards Existing Exemptions Proposed Exemptions
Co-Location Requirements
Fencing and Landscaping
Aesthetics
Separation between Facilities Height
Setbacks
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EMERGENCY WCF: PROPOSED AMENDMENT
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Lighting
Abandoned Facilities
Noise
Item 3. Add Emergency WCFs as an Allowed Use in the Institutional Zone
Item 3 depicts emergency WCFs as new use allowed within the I Institutional Zone within Chapter
18.35 “Special Purpose Zones”.
Institutional Zoning District. The Institutional Zone is an appropriate zone for emergency WCFs. The
proposed use, an emergency WCF, is consistent with the intent and purpose statement of the
Institutional zoning district. As shown in Exhibit 1, the purpose of the Institutional zone is to provide
an area where “…educational, governmental, theological, recreational, cultural and other public and
quasi-public uses may be allowed to develop”. The proposed use will provide a public benefit by
enhancing emergency services and radio communication facilities within Auburn and throughout the
region. Other public, quasi-public, and private facilities, that provide a public benefit or service, such
as cemeteries, government facilities, golf courses, and education facilities are also allowed uses in the
Institutional Zone. For example, the Mountain View Cemetery, Auburn Golf Course, and the Green
River College are zoned Institutional. Sites adjacent to the subject property, such as the Auburn
Adventist Academy, are zoned and have a land use designation of Institutional, while the City’s water
towers have a land use designation of Institutional.
Each zoning district features a table of allowed uses which establishes whether a specific use is
allowed in a zone and whether that use is allowed as a permitted, administrative, or conditional use.
Type 3-A, 3-B Emergency WCFs have been added to the list of allowed uses that are permitted
outright. The current proposal does not include the need for an administrative or conditional use
permit to be secured to authorize emergency WCF. As provided in Chapter 18.64 ACC, the purpose of
an administrative or conditional use permit is
“…to provide a process to allow for uses that are not permitted outright within a zone.
Such uses typically require a special degree of control to make sure that they are consistent with
the intent of the zone and compatible with other existing and permitted uses within the zone.
Only those uses listed as requiring either an administrative or conditional use permit within a
particular zone qualify for this process.”
Staff contends that the required supplemental siting standards (provided in Exhibit 1) provide a
sufficient degree of control to ensure that the proposed use is compatible with the intent of the
Institutional zone and the other existing and permitted uses within the zone.
The subject parcel is divided by two roadways; of Auburn Way South and 32nt St SE and is currently
split zoned as Institutional and R-5, Residential 5 dwelling units per acre. The centerline of Auburn
Way South defines the location of the split zone boundary (reference Exhibit 1). The land use
designation of the subject property is also split between “Single Family Residential” and
“Institutional”. The split land use designation falls along exactly the same lines as the split zoning. As
shown in Exhibit 1 the majority of the site is zoned (and though not shown, is designated)
“Institutional”. Due to the location and nature of the specific proposal in Auburn and the compatibility
of the Institutional zone with the proposed use, the Director of Community Development issued an
Administrative Decision, indicating that the entire subject property will be regulated using the
Institutional zone’s zoning development standards.
Page 26 of 75
EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 8
Exhibit 2. Summary of Allowed and Prohibited Uses within the Institutional Zone
Allowed Prohibited
Permitted
Government facilities, this excludes offices and
related uses that are permitted outright
Municipal parks and playgrounds
Campgrounds
Recreational vehicle parks, private
Commercial recreation facility – Indoor
Library, museum
Meeting facility, public or private
Private school – specialized education/training (for
profit)
Public schools (K-12) and related facilities
Religious institutions, lot size less than one acre
Religious institutions, lot size more than one acre
Home occupation
Nursing home, assisted living facility
Daycare, including mini daycare, daycare
center, preschools or nursery schools
Home-based daycare
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
Type 3-A, 3-B Emergency WCF (wireless
communication facility) – subject to the standards for
specific land use contained in ACC 18.04.912(K),
18.31.100
Marijuana processor
Marijuana producer
Marijuana researcher
Marijuana retailer
Marijuana transporter business
Animal shelter, public
Studio – Art, dance, martial arts, music, etc.
Marijuana cooperative
Multiple-family dwellings, stand-alone
One detached single-family dwelling
Banking and related financial institutions,
excluding drive-through facilities (4)
Medical services – Clinic or urgent care (4)
Mortuary, funeral home, crematorium
Personal service shops
Pharmacies
Utility facilities, substations, utility transmission or
distribution line
Administrative
Cemetery, public
Cemetery, private
College, university, public
Commercial recreation facility – Outdoor
Conference/convention facility
Duplex
Live/work, work/live unit
Multiple-family dwellings, stand-alone
Senior housing
Restaurant, cafe, coffee shop, excluding drive-through
facilities
Professional offices
(4) Permitted within a public college or university as an amenity or service provided to students. A
stand-alone bank or medical services/clinic is not permitted.
Page 27 of 75
EMERGENCY WCF: PROPOSED AMENDMENT
January 2019 9
VII. REGULATIONS PERTAINING TO EMERGENCY WCFs IN NEARBY JURISDICTIONS. The following table
depicts the result of staff’s research on nearby jurisdictions siting standards for emergency WCFs.
Exhibit 3. Other Jurisdictions Emergency WCF* Siting Standards
Jurisdiction Required Standards
Exempt Standards Permitted Zoning Districts
King County
Height†
Setbacks†
Colocation
Fencing and Landscaping
Aesthetics
Lighting
Abandoned Facilities
Noise (N/A)
All
Kent Colocation
Height
Setbacks
Fencing and Landscaping
Aesthetics
Lighting
Abandoned Facilities
Noise (N/A)
All
Federal Way Height†
Setbacks†
Signs†
Separation between
Facilities⁰
Collocation⁰
Abandoned Facilities⁰
Fencing and Landscaping⁰
Aesthetics⁰
Lighting⁰
Noise⁰
All
*Emergency WCFs have different nomenclature in other jurisdictions (e.g. in the Kent Zoning Code they
are known as “Public Safety WTFs [wireless telecommunications facilities] and equipment”)
†Still subject to the standards of the zoning district.
⁰If the proposed WCF is consistent with the standards outlined in a use zone chart then it is exempt
from siting standards for WCFs.
VIII. DISCUSSION QUESTIONS FOR PLANNING COMMISSION:
1. Are the proposed supplemental development standards reasonable and appropriate in light of
the request?
2. Is the Institutional zoning district the most appropriate zoning district for such as facility?
3. Should emergency WCFs be permitted outright in the Institutional zoning district or subject to
an Administrative Use Permit or Conditional Use Permit?
IX. ATTACHMENTS:
A – Proposed PSERN Emergency WCF Code Amendment
B – PSERN Administrative Decision
Page 28 of 75
18.04.912 Wireless communications.
“Wireless communications” means the provision of any personal wireless service, as defined in the
Telecommunications Act of 1996, and for the purposes of this title includes the following terms:
A.“Antenna” means a device used in wireless communications which transmits and/or receives radio
signals. Antennas include the following types:
1.Accessory: Antennas including, but not limited to, test mobile antennas and Global Positioning
System (GPS) antennas which are less than 12 inches in height or width and do not directly provide
personal wireless communication.
2.Directional or panel: An antenna or array of antennas designed to transmit a radio signal in a
particular direction typically encompassing an arc of 120 degrees. Panel antennas, also called
directional antennas, are typically flat, rectangular devices approximately six square feet in size.
3.Dish or parabolic: A bowl-shaped device for the reception and/or transmission of radio frequency
communications signals in a specific directional pattern.
4.Whip, rod or omni-directional antenna: An antenna, tubular in shape, that transmits and receives
signals throughout a 360-degree range.
5.Other: All other transmitting or receiving equipment not specifically described herein shall be
regulated in conformity with the type of antenna defined herein which most closely resembles such
equipment.
B.“Antenna array” means one or more rods, panels, discs or similar devices attached to a support
structure used for the transmission or reception of radio frequency signals.
C.“Attached wireless communications facility (WCF)” means an antenna array which is attached to an
existing building or structure.
D.“Carrier” means a company providing wireless communication services, also referred to as a provider.
E.“Co-location” means the use of a common WCF or site by two or more wireless license holders, or by one
wireless license holder for more than one type of communications technology.
Attachment A
Page 29 of 75
F. “Equipment facility” means a structure used to contain ancillary equipment for a WCF which may include
cabinets, shelters, an addition to an existing structure, pedestals and other similar structures.
G. “Microcells” are typically located in and exclusively benefit residential neighborhoods. Microcells consist of
an antenna that is either: (1) a dish or parabolic antenna that is no more than four feet in height and with an
area of not more than 580 square inches; or (2) a tubular antenna that is no more than four inches in diameter
and no more than six feet in height; or (3) one or more panel antenna that is no more than six feet in height,
and its width or depth is no more than six inches and the aggregate area of such panel antenna(s) would not
exceed 580 square inches that would be visible from any one viewpoint; or (4) similar antennas that are of
comparable size and shape.
H. “Separation” means minimum distance required between primary support structures.
I. “Support structure” means the structure to which the antenna and other necessary associated hardware
are attached. Support structures include but are not limited to the following:
1. Lattice tower: A structure of varying height that consists of a network of crossed metal braces forming
a tower which is usually triangular or square in cross section. To be considered a primary support
structure.
2. Monopole: A structure of varying height consisting of a single spire sunk into the ground and/or
attached to a foundation. To be considered a primary support structure.
3. Other structures: This may include existing buildings, water towers, athletic field light poles, or other
similar structures. To be considered a secondary support structure.
J. “Wireless communications facility (WCF)” means any non-staffed facility for the transmission and/or
reception of wireless telecommunications services, typically consisting of an antenna array, an equipment
facility and/or a support structure.
K. Emergency Communications Wireless Communications Facility (WCF): emergency communication systems
operated by a local public agency responsible for providing emergency services. (Ord. 6245 § 15, 2009.)
For the purposes of determining in which zones wireless communications facilities are to be permitted, they will
be classified pursuant to the following types. Refer to the table in ACC 18.31.100(K) to determine
which zones allow for the following types of facilities:
Page 30 of 75
TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.
There are four separate Type 1 categories described as follows:
1-A. The combined height of the antenna together with the height of the existing building cannot be 25
percent greater than the existing building or exceed the height limitation of the zone in which
the building is located.
1-B. The combined height of the antenna together with the height of the existing building cannot be 50
percent greater than the existing building or exceed the height limitation of the zone in which
the building is located.
1-C. The combined height of the antenna together with the height of the existing building is 50 percent
greater than the existing building or exceeds the height limitation of the zone in which the building is
located. The height limitation of the zone can only be exceeded by 25 percent.
1-D. Antenna located on existing water towers, athletic field light poles, or similar public utility
infrastructure not located within public street right-of-way. The height limitation of the WCF will be 10
percent of the existing structure height, but may be increased to a maximum of 20 percent with
an administrative use permit and may be increased to a maximum of 30 percent with a conditional
use permit. The height limitation of the zone may be exceeded relative to the above provisions allowed
for a 1-D facility.
TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have previous city
approvals. There are two separate Type 2 categories described as follows:
2-A. Must meet height requirements of previous approval and is limited to 50 percent total (cumulative)
expansion of equipment area.
2-B. Has greater height requirements than previous approval and allows for more than a 50 percent
expansion of the equipment area.
TYPE 3. Type 3 is the erection of new (primary) support structures. There are two separate Type 3
categories described as follows:
3-A. Monopoles that are 75 feet or less in height.
Page 31 of 75
3-B. Monopoles that are more than 75 feet in height or lattice towers of any height. (Ord. 6245 § 3, 2009;
Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.)
Page 32 of 75
18.07.020 Uses.
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7
R-
10
R-
16
R-
20
A. Residential Uses.
Accessory dwelling units P P P P X1 X1 X1
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Communal residence four or less individuals P P P P P P P
Duplexes; provided, that minimum lot size of zoning designation is
met and subject to compliance with Chapter 18.25 ACC (Infill
Residential Development Standards)
X X A P P P X
Foster care homes P P P P P P P
Group residence facilities (7 or more residents) X X X X C C C
Group residence facilities (6 or fewer residents) P P P P P P P
Keeping of animals4 P2 P2 P2 P2 P2 P2 P2
Page 33 of 75
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7
R-
10
R-
16
R-
20
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and facilities owned and
managed by the neighborhood homeowners’ association
A6 A6 A6 A6 A6 P P
Use as dwelling units of (1) recreational vehicles that are not part of
an approved recreational vehicle park, (2) boats, (3) automobiles,
and (4) other vehicles
X X X X X X X
Renting of rooms, for lodging purposes only, to accommodate not
more than two persons in addition to the family or
owner occupiedunit8
P P P P P P P
Residential care facilities including but not limited to assisted living
facilities, convalescent homes, continuing care retirement facilities
P P X X A P P
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions of ACC 18.31.160 X X X X X P P
Swimming pools, tennis courts and similar outdoor
recreation uses only accessory to residential or park uses
P P P P P P P
Townhouses (attached) X X X X P P P
B. Commercial Uses.
Page 34 of 75
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7
R-
10
R-
16
R-
20
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-use development and
not a home occupation in compliance with Chapter 18.60 ACC
X X X X A A A
Daycare, limited to a mini daycare center. Daycare
center, preschoolor nursery school may also be permitted but must
be located on an arterial
X A A A A A A
Home-based daycare as regulated by RCW 35.63.185 and through
receipt of approved city business license
P P P P P P P
Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P
Marijuana cooperative X X X X X X X
Marijuana processor X X X X X X X
Marijuana producer X X X X X X X
Marijuana related business X X X X X X X
Marijuana researcher X X X X X X X
Marijuana retailer X X X X X X X
Marijuana transporter business X X X X X X X
Page 35 of 75
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7
R-
10
R-
16
R-
20
Mixed-use development3 X X X X P P P
Nursing homes X X X X C C C
Private country clubs and golf courses, excluding driving ranges X X C C C X X
Privately owned and operated parks and playgrounds and not
homeowners’ association-owned recreational area
X A A A A P P
Professional offices, included as part of mixed-use
developmentand not a home occupation in compliance with
Chapter 18.60 ACC
X X X X A A A
C. Resource Uses.
Agricultural enterprise:7
When 50 percent, or more, of the total site area is dedicated to active
agricultural production during the growing season, and with 52 or
less special events per calendar year
A7 X X X X X X
When less than 50 percent of the total site area is dedicated to active
agricultural production during the growing season, or with more than
52 special events per calendar year
C7 X X X X X X
Agricultural type uses are permitted provided they are incidental and
secondary to the single-family use:
Page 36 of 75
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7
R-
10
R-
16
R-
20
Agricultural crops and open field growing (commercial) P X X X X X X
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing4 P X X X X X X
Public and private stables4 P X X X X X X
Roadside stands, for the sale of agricultural products raised on the
premises. The stand cannot exceed 300 square feet in area and must
meet the applicable setbackrequirements
P X X X X X X
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
Municipal parks and playgrounds A P P P P P P
Museums X X X X A A A
Page 37 of 75
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7
R-
10
R-
16
R-
20
Religious institutions, less than one acre lot size A A A A A A A
Religious institutions, one acre or larger lot size C C C C C C C
Transmitting towers C C C C C C C
Type 1-D wireless communication facility (see ACC 18.04.912(J )) P P P P P P P
Type 3-A, 3-B emergency Communication WCF (wireless
communication facility; see ACC 18.04.912(K))
P P P P P P P
Utility facilities and substations C5 C5 C5 C5 C5 C5 C5
1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to
ACC 18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up
part of a mixed-use development requires an administrative or conditional use permit, the individual use must
apply for and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is regulated by
the King or Pierce County board of health, and property owners shall comply with the provisions of the board of
health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
Page 38 of 75
6. Administrative use permit not required when approved as part of a subdivision or binding site plan.
7. Agricultural enterprise uses are subject to supplemental development standards under
ACC 18.31.210, Agricultural enterprises development standards.
8. An owner occupant that rents to more than two persons but no more than four persons is required to obtain a city
of Auburn rental housing business license and shall meet the standards of the International Property Maintenance
Code.
9. Emergency Communications WCF: Emergency communication systems operated by a local public agency
responsible for providing emergency services (Ord. 6245 § 15, 2009.)
(Ord. 6642 § 4, 2017; Ord. 6600 § 9, 2016; Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord.
6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
Page 39 of 75
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
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
Marijuana processor X X X X X C C C Chapter 18.59 ACC
Marijuana producer X X X X X C C C Chapter 18.59 ACC
Page 40 of 75
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
Marijuana researcher X X X X X C C C Chapter 18.59 ACC
Marijuana retailer X X X C X C C C Chapter 18.59 ACC
Marijuana transporter business X X X X X C C C Chapter 18.59 ACC
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 P P C ACC 18.57.020(C)
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
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
Page 41 of 75
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
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
Caretaker apartment X P P P X P P P
Live/work unit X X P P P P P X
Work/live unit X P P P P P P X
Marijuana cooperative X X X X X X X X
Multiple-family dwellings as part of a mixed-use
development2
X X P P P P P X ACC 18.57.030
Multiple-family dwellings, stand-alone X X X X X X X X
Nursing home, assisted living facility X P P P C X X X
Senior housing2 X X A A X X X X
Page 42 of 75
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
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)
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
Page 43 of 75
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
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 kennelsand 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
Page 44 of 75
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
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 terminal 1 X X X X X X X X See Footnote No. 1
Parking facility, public or commercial, surface X P P P P P P X
Page 45 of 75
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
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
Type 3-A, B emergency communication facility (WCF) P P P P P P P P ACC 18.04.912(K))
Wireless Communication Facility (WCF) - - - - - - - - ACC 18.04.912(J)),
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 operation 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
Page 46 of 75
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
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 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 zones. Any maintenance, alterations and
additions to an existing motor freight terminalwhich are consistent with ACC 18.23.040, Development
standards, are allowed.
2 Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015) is
an outright permitted use in the C-1 zone. Subsequently, if a nonresidential use within a vested mixed-use
development changes, then the nonresidential useshall maintain a minimum of 10 percent of the
cumulative building ground floor square footage consisting of the uses permitted outright, administratively, or
conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone.
(Ord. 6642 § 9, 2017; Ord. 6644 § 2, 2017; Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
Page 47 of 75
18.31.100 Wireless communications facilities siting standards.
The following siting standards are intended to guide the location and development of wireless
communications facilities (WCF as defined by ACC 18.04.912 but not including microcells) on properties
regulated under this title. The siting of microcells shall be in accordance with siting of microcells found in
ACC 18.31.110.
A. Separation between Facilities.
1. New, Freestanding Primary Support Structures.
a. The minimum separation, i.e., distance, between a proposed monopole (that is 75 feet or less
in height) and any other existing primary support structure, of any height, shall be the height of
the proposed monopole, including antenna, multiplied by a factor of 10.
b. The minimum separation, i.e., distance, between a proposed monopole (that is more than 75
feet in height, or lattice towers of any height) and any other existing primary support structure, of
any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor
of 20.
2. The distance between primary support structures shall be measured by following a straight line,
without regard to intervening buildings, from the base of one support structure to the base of the other
support structure(s).
3. A primary support structure would be considered “existing” if a conditional use permit
or administrative use permit has been issued and is still valid for sites which have not been built upon.
B. Co-Location Requirements.
1. For monopoles that are more than 75 feet in height and lattice towers of any height (Type 3-B
facilities), the owner of the property shall execute and provide evidence of a nonexclusive lease with
the carrier that allows for other carriers to place antennas on the structure.
2. Any application for a Type 3-B facility shall include technical justification that an existing Type 3-B
facility with a nonexclusive lease could not be used instead of constructing a new tower.
C. Height.
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1. Unless otherwise provided for, the height of any primary support structure and/or antenna shall not
exceed the height limitations of the zone.
2. The maximum height of any primary support structure shall not exceed 120 feet.
3. There shall be no variances allowed to the height limitations.
4. The carrier shall provide evidence that the Federal Aviation Administration (FAA) has approved the
location of a primary support structure relative to the Auburn Municipal Airport.
5. Unless otherwise restricted by this section, building- or structure-mounted antennas may extend a
maximum of 15 feet above the maximum height permitted for structures within the zone.
6. Antennas that are mounted on structures that do not otherwise have a height restriction may be
allowed to increase the overall height of the structure by no more than 10 percent of the height of
the structure unless additional approvals are obtained.
D. Setbacks.
1. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet
the setback requirements of the zone in which located except as follows. All equipment shelters,
cabinets, or other above-ground facilities used to support primary support structures shall be set back
the same distance required of the primary support structure. All equipment shelters, cabinets, or other
above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any
adjacent R zone.
2. The minimum distance from any primary support structure, of any height, to any residentially zoned
parcel of property shallbe a distance equal to the overall height of the primary support
structure (including antennas) multiplied by a factor of two.
3. Where possible, roof-mounted antennas and equipment shelters and/or cabinets are to be placed
towards the center of the building, or away from public views. Equipment shelters and/or
cabinets shall be screened by a parapet or similar architectural feature.
E. Fencing and Landscaping.
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1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with
primary support structures. Fencing will be 100 percent sight-obscuring, as defined in
ACC 18.31.020(C)(2), if visible from a public right-of-way or less intense zone. Equipment shelters
and/or cabinets shall be enclosed by fencing a minimum of six feet in height. Fencing shall meet the
sight distance requirements of the city design and construction standards.
2. Landscaping.
a. Where above-ground support equipment is visible from a public right-of-way, a minimum width
of five feet of Type II landscaping as defined in ACC 18.50.040 will be provided on the exterior of
the enclosing fence in order to effectively screen the equipment from the public right-of-
way. Landscaping shall meet the sight distance requirements of the city design and construction
standards.
b. Where facilities are visible from adjacent residential uses, a minimum width of five feet of Type
I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the
enclosing fence in order to effectively screen the equipment from the adjacent residential uses.
c. Existing on-site vegetation may be used to meet the landscape requirements if approved by
the planning director.
F. Aesthetics.
1. In order to minimize any potential, negative aesthetic impacts from new primary support
structures including protecting views to and from residential neighborhoods, mitigation may be required
to blend the facilities in with the adjacent development or environs. Typical solutions for the support
structure might include: an extension of the building, a component of a signstructure, disguising the
facility as a tree, planting of tall trees, moving the location of the facility, painting or texturing the facility,
etc.
2. Building- or roof-mounted antennas will be painted or textured to blend with the adjacent surfaces.
3. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular
traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the
FCC or FAA.
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4. Except as specifically required by the FAA (but must be approved by the city), freestanding
primary support structures shall be painted a color that best allows them to blend into the
surroundings. The use of grays, blues and greens might be appropriate; however, each
application shall be evaluated individually.
G. Lighting.
1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other
applicable authority. Any proposed lighting shall be submitted at the time of the initial application. Any
lighting must be reviewed and approved by the city.
2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept
within the boundaries of the site.
H. Abandoned Facilities.
1. Any WCF which is not utilized for a period of nine months or more will be considered abandoned.
2. Any WCF which falls into a state of disrepair as determined by the planning director will be
considered abandoned.
3. Any WCF considered to be abandoned must be removed completely within 90 days from the date of
notification by the city’s code enforcement personnel. The code enforcement personnel may extend the
90-day period should a valid application for use of the facility be submitted to the city.
I. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise source
pursuant to WAC 173-60-040.
J. Supplemental Information Required for Applications. In addition to the information that is otherwise required
for an application for a permit for a WCF, the following is also required:
1. For a new primary support structure and related equipment, the applicant shall provide the carrier’s
master network plan for the city showing the carrier’s existing WCF locations and narrative explaining
the potential WCF locations over the next year, if known. The applicant shall also provide technical
justification supporting the need for the height of the primary support structure and why a
shorter support structure could not be utilized. Any application for a Type 3-B facility shall provide
Page 51 of 75
technical justification as to why a Type 3-A facility could not be utilized instead to adequately serve the
Auburn community.
2. Narrative description of the facility including whether there is capacity on the proposed structure for
more antennas, methods for minimizing visual impacts of the facilities, etc.
3. A color swatch for the proposed primary support structure.
4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility including
the antenna arraysand above-ground support equipment.
K. Zones in Which WCF Are Permitted. The following table illustrates which zones the types of facilities as
defined by ACC 18.04.912(J) are allowed in and which permits are required. Microcells, as defined by
ACC 18.04.912(G), are allowed only in residential zones and shall be permitted outright pursuant to the
provisions of ACC 18.04.912(G).
Type of Permit Required
Zone
Permitted
Outright
Administrative
Use Permit
Conditional
Use Permit
All Zones 1-D, 3-A,
3-B4
1-D1 1-D2
RO-H 1-A 1-B 1-C
C-N 1-A 1-B 1-C
C-1 1-A 1-B 1-C
C-2, DUC 1-A 1-B 1-C
C-3 1-B, 2-A 1-C, 2-B, 3-A 3-B
M-1, EP 1-B, 2-A 1-C, 2-B, 3-A 3-B
M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B
P-1 1-B, 2-A 1-C, 2-B 3-A3
I 1-A 1-B 1-C
LF 1-A 1-B 1-C
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1. Allowance for the WCF to extend to a height of 20 percent of the supporting structure.
2. Allowance for the WCF to extend to a height of 30 percent of the supporting structure.
3. The maximum height allowed, including antennas, is 45 feet.
4. Emergency Communication WCF: Emergency communication systems operated by a local public agency
responsible for providing emergency services. (Ord. 6245 §15, 2009.)
L. Exemptions.
1. Unless otherwise provided for, the following are exempt from the provisions of this section:
a. Microcells as defined by ACC 18.04.912(G).
b. Mobile testing facilities/equipment used to test network limitations. The
facilities/equipment shall not be at any one location for more than 14 days and shall otherwise
meet the requirements of any other ordinance, regulation or code provision.
c. Height
d. Setbacks
2. The following is exempt from the provisions of subsection A of this section, Separation between
Facilities:
a. Emergency communication systems operated by a local public agency responsible for providing
emergency services. (Ord. 6245 § 15, 2009.)
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18.35.030 Uses.
A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each special
purpose zone and the planning permit required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030 (“Standards for
Specific Land Uses”) includes a 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 18.35.030 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 Designations
Standards for
Specific Land Uses RO
RO-
H
P-
1
I OS
MARIJUANA RELATED BUSINESSES
Marijuana processor X X X X X
Marijuana producer X X X X X
Marijuana researcher X X X X X
Marijuana retailer X X X X X
Marijuana transporter business X X X X X
PUBLIC
Animal shelter, public X X P X X
Government facilities, this excludes offices and related uses that
are permitted outright
A A P P C
Page 54 of 75
Table 18.35.030 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 Designations
Standards for
Specific Land Uses RO
RO-
H
P-
1
I OS
Municipal parks and playgrounds P P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds X X X P P
Recreational vehicle parks, private X X X P X
Cemetery, public X X P A X
Cemetery, private X X X A X
College, university, public X X A A X
Commercial recreation facility – Indoor X X X P X
Commercial recreation facility – Outdoor X X X A C ACC 18.57.025(A)
Conference/convention facility X X X A X
Library, museum X X P P A
Meeting facility, public or private A A P P A
Private school – specialized education/training (for profit) P P X P X
Public schools (K-12) and related facilities X X P P X
Religious institutions, lot size less than one acre A P X P X
Religious institutions, lot size more than one acre C A X P X
Studio – Art, dance, martial arts, music, etc. P X X X X
Page 55 of 75
Table 18.35.030 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 Designations
Standards for
Specific Land Uses RO
RO-
H
P-
1
I OS
RESIDENTIAL
Duplex P
(1)
X X A X
Home occupation P P X P P Chapter 18.60 ACC
Live/work, work/live unit A P X A X
Marijuana cooperative X X X X X
Multiple-family dwellings, stand-alone P
(2)
A
(3)
X A X
One detached single-family dwelling P X X X P
(5)
Nursing home, assisted living facility A A X P X
Senior housing A A X A X
RETAIL
Restaurant, cafe, coffee shop, excluding drive-through facilities A A P A X
SERVICES
Banking and related financial institutions, excluding drive-through
facilities (4)
P P X X X
Daycare, including mini daycare, daycare A P X P A
Page 56 of 75
Table 18.35.030 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 Designations
Standards for
Specific Land Uses RO
RO-
H
P-
1
I OS
center, preschools or nursery schools
Home-based daycare P P X P P
Medical services – Clinic or urgent care (4) P P X X X
Mortuary, funeral home, crematorium X P X X X
Professional offices P P X A A
Personal service shops P P X X X
Pharmacies X P X X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Utility facilities, substations, utility transmission or distribution line X X X X A See
ACC 18.02.040(E)
Type 3-A, 3-B emergency communication WCF (wireless
communication facility)
P P P P P See ACC
18.04.912(K))
OTHER USES THAT ARE NOT LISTED
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
P P P P P
Notes:
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1. Duplexes, 3,600 square feet of lot area per dwelling unit is required.
2. Multifamily dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit.
3. Multifamily dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit.
4. Permitted within a public college or university as an amenity or service provided to students. A stand-alone bank or
medical services/clinic is not permitted.
5. One single-family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open
space zone.
(Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.)
Page 58 of 75
Page 59 of 75
Page 60 of 75
Page 61 of 75
AGENDA BILL APPROVAL FORM
Agenda Subject:
Modification of Rules of Procedures
Date:
January 10, 2019
Department:
Community Development
Attachments:
June 5, 2018 adopted Rules of Procedures
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Planning Commission review the June 5, 2018 adopted Planning Commission Rules of
Procedures for any changes or additions.
Background Summary:
Please see the attached Rules of Procedures.
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:January 23, 2019 Item Number:
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CITY OF AUBURN
PLANNING COMMISSION
RULES OF PROCEDURE
ADOPTED NOVEMBER, 1983
REVISED NOVEMBER, 1988
UPDATED APRIL, 2000
REVISED FEBRUARY, 2007
REVISED APRIL 2, 2013
REVISED MARCH 8, 2016
REVISED May 2, 2017
REVISED February 6, 2018
REVISED , 2018
REVISED June 5, 2018
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PLANNING COMMISSION - RULES OF PROCEDURE
TABLE OF CONTENTS
SECTION SUBJECT PAGE
I. NAME .............................................................. 4
II. MEETINGS................................................... 4-5
III. ELECTION OF OFFICERS ............................. 5
IV. CHAIR ............................................................. 5
V. SECRETARY .................................................. 6
VI. QUORUM ........................................................ 6
VII. ABSENCE OF MEMBERS .............................. 6
VIII. ACTIONS DEFINED ........................................ 7
IX. AGENDA ...................................................... 7-8
X. PUBLIC HEARING ..................................... 8-10
XI. CONDUCT .................................................... 11
XII. CONFLICT OF INTEREST ....................... 11-13
XIII. AMENDMENT ............................................... 13
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CITY OF AUBURN PLANNING COMMISSION
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Auburn, do hereby
adopt, publish, and declare the following Rules of Procedure:
I. NAME:
The official name of the City of Auburn advisory planning agency shall be "The
City of Auburn Planning Commission." The membership and terms of office of
the members of the Planning Commission shall be as provided in Chapter
2.45 of the Auburn City Code (ACC).
II. MEETINGS:
1. All meetings will be held at the Auburn City Hall, Auburn, Washington,
unless otherwise directed by the Secretary or Chair of the Planning
Commission.
2. Regular meetings shall be held on the Tuesday following the first
Monday of each month, and shall be open to the public. The meeting
shall convene at 7:00 P.M. unless otherwise directed by the Secretary
or the Chair.
3. If the first Monday of the month is a legal holiday, the regular meeting
shall be held on the following Wednesday. If a regular meeting day
(Tuesday) falls on a legal holiday or on the November General Election,
the Commission will convene on the following Wednesday.
4. Special meetings of the Planning Commission shall be at the call of the
Chair. Special meetings of the Planning Commission may also be
called by any three members of the Commission. A minimum notice of
24 hours shall be provided for special meetings in accordance with
State law.
5. If no matters over which the Planning Commission has jurisdiction are
pending upon its calendar, a meeting may be canceled at the notice of
the Secretary or Chair provided at least 24 hours in advance.
6. Except as modified by these rules of procedure, Robert's Rules of
Order, Newly Revised, most current version, shall govern the conduct
of the meetings.
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7. Meetings of the Planning Commission shall be conducted in conformity
with the requirements of the Washington State Open Public Meetings
Act, Chapter 42.30 of the Revised Code of Washington (RCW).
Executive sessions can only be held in accordance with the provisions
of Section 42.30.110 RCW.
8. The Planning Commission may conduct business in closed session as
allowed in conformity with Section 42.30.140 RCW .
9. An agenda shall be prepared in advance of every regular and special
meeting of the Planning Commission. Meeting agendas and materials
on items on an agenda for a regular meeting shall be provided to
members of the Planning Commission not less than five (5) days in
advance of the regular meeting. Meeting agendas and materials on
items on an agenda for a special meeting shall be provided to members
of the Planning Commission as promptly in advance of the meeting as
can reasonably be accomplished.
III. ELECTION OF OFFICERS:
1. The officers of the Commission shall consist of a Chair and Vice Chair
elected from the appointed members of the Commission and such other
officers as the Commission may, by the majority vote, approve and
appoint.
2. The election of officers shall take place once each year at the
Commission’s first regular meeting of each calendar year, or as soon
thereafter as possible. The term of office of each officer shall run until
the subsequent election.
3. If the Chair or Vice-Chair vacates their position mid-term, the Planning
Commission will re-elect officers at their next scheduled meeting and as
their first order of business. If it is the Chair position that has been
vacated, the Vice-Chair will administer the election proceedings.
IV. CHAIR:
1. The Chair shall preside over the meetings of the Commission and may
exercise all the powers usually incident of the office. The Chair shall be
considered as a member of the Commission and have the full right to
have his/her own vote recorded in all deliberations of the Commission.
Unless stated otherwise, the Chair's vote shall be considered to be
affirmative for the motion.
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2. The Chair shall have power to create temporary committees of one or
more members. Standing committees of the Commission shall be
created at the direction of the Commission and appointed by the Chair.
Standing or temporary committees may be charged with such duties,
examinations, investigations and inquiries relative to one or more
subjects of interest to the Commission. No standing or temporary
committee shall have the power to commit the Commission to the
endorsement of any plan or program without the approval at the regular
or special meeting of the Commission.
3. The Vice Chair shall in the absence of the Chair, perform all the duties
incumbent upon the Chair.
4. In the event of the absence of the Chair and Vice Chair, the senior
member of the Commission present shall act as Chair for that meeting
or may delegate the responsibility to another member.
V. SECRETARY:
The Planning and Development Director (“Director”), or his/her appointee,
shall act as the Secretary for the Planning Commission and shall keep a
record of all meetings of the Commission and its committees. These records
shall be retained at the Planning and Development Department.
All public hearings shall be electronically recorded verbatim and may be
transcribed upon request of the Director, City Attorney, the majority of the
Commission, or City Council. Transcriptions may be requested by other
parties, in which case, the costs of transcription shall be borne by the
requesting party.
VI. QUORUM:
A simple majority of the appointed members shall constitute a quorum for the
transaction of business. A simple majority vote of the quorum present shall be
sufficient to take action on the matters before the Commission; provided that if
at any time during the meeting, a quorum is no longer present, the meeting
may only continue for the time and duration necessary to fix a time for
adjournment, adjourn, recess or take measures to obtain a quorum.
VII. ABSENCE OF MEMBERS:
Participation in Planning Commission responsibilities is essential; not only so
that a quorum can be established, but to also ensure that discussions and
decision making are as representative of the community as possible.
Recurring absence also diminishes a members ability to vote on matters
discussed during prior meetings. It is therefore important for all appointed
members to participate to the maximum extent possible . If a member is
unable to participate on a regular basis, it may be appropriate for a member to
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be replaced. This section of the rules is intended to provide standards that
ensure that the regular absence of one member does not become disruptive
to, or impede the work of, the full Commission.
In the event of a member being absent for two (2) consecutive regular
meetings, or being absent from 25% of the regular meetings during any
calendar year, without being excused by the Chair, the Chair may request that
the Mayor ask for his or her resignation. To be excused, members must inform
the planning commission’s secretary in advance if they cannot attend a
scheduled meeting.
VIII. ACTIONS DEFINED:
The rules of the Commission impose different requirements according to the
type of action before the Commission.
1. Legislative actions are those which affect broad classes of people of the
whole City. These actions include adopting, amending, or revising
comprehensive, community, or neighborhood plans, or other land use
planning documents or the adoption of area wide zoning ordinances or
the adoption of a zoning ordinance amendment that is area wide in
significance.
2. Quasi-judicial actions of the Planning Commission are those actions
which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions
include actions that would otherwise be administrative or legislative if
applied more widely or city-wide, rather than affecting one or a small
number of persons or properties. Quasi-judicial actions do not include
the legislative actions adopting, amending, or revising comprehensive,
community, or neighborhood plans or other land use planning
documents or the adoption of area-wide zoning ordinances or the
adoption of a zoning amendment that is of general or area-wide
significance.
3. Organizational actions are those actions related to the organization and
operation of the Commission. Such actions include adoption of rules,
directions to staff, approval of reports, election of officers, etc.
IX. AGENDA:
An agenda shall be prepared for each meeting consisting of the following
order of business:
1. CALL TO ORDER
a) Roll Call/Establishment of Quorum
b) Pledge of Allegiance
2. Approval of Minutes
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3. Public Hearings
4. Other Business Items as Appropriate
5. Community Development Report
6. Adjournment
Additional items may be added to the agenda by the Planning Commission.
The Chair shall have the discretion to amend the order of business.
X. PUBLIC HEARINGS:
The procedure for conducting all public hearings will be as follows:
1. Chair opens the public hearing and establishes whether the proponent ,
if applicable, is in attendance.
2. Staff Report.
3. Testimony of Proponent, if applicable. Persons addressing the
Commission, who are not specifically scheduled on the agenda, will be
requested to step up to the podium, give their name and address for the
record, and limit their remarks to three (3) minutes, in addition to filling
out the speaker sign in sheet available at the Secretary’s desk. All
remarks will be addressed to the Commission as a whole. The
Secretary shall serve as timekeeper. The Presiding Officer may make
exceptions to the time restrictions of persons addressing the Council
when warranted, in the discretion of the Presiding Officer.
4. Chair calls for other testimony, either for or against. Testimony must be
called for three times. The Chair shall have the discretion to set time
limits on individual public testimony.
5. All testimony and comments by persons addressing the Commission
shall be relevant and pertinent to issues before the Commission’s public
hearing. The Chair shall have the discretion to rule on the relevance of
individual public testimony.
6. Questions of staff or persons presenting testimony. Questions by
Planning Commissioners that are intended for persons who have
provided testimony shall be directed through the Chair. Questions to
persons who have provided testimony shall be relevant to the testimony
that was provided.
7. Chair closes public hearing.
8. A public hearing may be reopened by motion duly seconded and
approved by a majority vote to accept additional testimony.
9. Deliberation.
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10. Voting:
A. Any member, including the Chair, not voting or not voting in an
audible voice shall be recorded as voting in favor of the motion.
B. The Chair, Secretary, or upon request from a Commission
member, may take a roll call vote.
C. It is the responsibility of each member of the Planning
Commission to vote when requested on a matter before the full
Commission. However, a member may abstain from discussion
and voting on a question because of a stated conflict of interest
or appearance of fairness.
D. If any member of the Planning Commission wishes to abstain, or
has disclosed a conflict of interest and must abstain from a vote
on the motion, that member shall so advise the Chair and, if
there is no objection to the abstention, shall physically remove
and absent himself/herself from the meeting/hearing, all
deliberations, and considerations of the motion, and shall have
no further participation in the matter. Such advice shall be given
prior to any discussion or participation on the subject matter or
as soon thereafter as the member perceives a need to abstain,
provided that, prior to the time that a member gives advice of an
intent to abstain from an issue, the member shall confer with the
City Attorney to determine if the basis for the member's intended
abstention conforms to the requirements hereof.
If the intended abstention can be anticipated in advance, the
conference with the City Attorney should occur prior to the
meeting at which the subject matter would be coming before the
Planning Commission. If that cannot be done, the member
should advise the Chair that he/she has an "abstention question"
that he/she would want to review with the City Attorney, in which
case, a brief recess would be afforded the member for that
purpose before proceeding further.
E. If a tie vote exists, after recording the Chair's vote, the motion
fails. However, a motion for denial that fails on a tie vote shall
not be considered an approval.
F. No member may participate in any decision if the member had
not reviewed the staff reports and testimony presented at the
hearing on the matter. Such member may, however, listen to the
recording of the hearing in order to satisfy this requirement.
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11. Continuing an Item:
If the Commission wishes to continue a public hearing item, the Chair
should open the public hearing, solicit testimony, and request a motion
from the Commission to continue the public hearing item to a time,
place, and date certain. If any matter is tabled or postponed without
establishing a date, time, and place certain, the matter shall be
scheduled for a hearing pursuant to Auburn City Code (ACC) Section
18.68.040 before the matter may be considered again.
12. Findings of Fact:
The Commission should adopt findings of fact and conclusions for
actions taken involving public hearing items. The findings and
conclusions may be approved by any one of the following methods:
A. The Commission may adopt in whole, in part, or with
amendments, the written findings prepared by staff. Motions to
approve the staff recommendations shall be deemed to
incorporate such findings and conclusions unless otherwise
indicated. Such findings and conclusions do not have to be read
in order to be deemed a part of the record.
B. The motion to take action may adopt oral finding statements
made by Commission members or staff during the hearing or
deliberation.
C. The motion to take an action may direct that additional written
findings and conclusions be developed based on the hearing and
deliberation of the Commission.
D. Findings and conclusions may be approved or amended at any
time by the Planning Commission, but all such actions shall be
based on the record of the matter at hand.
13. Order of Hearings:
Normally the order of hearings shall be as published in the agenda.
However, the Chair in order to avoid unnecessary inconvenience to
people wishing to testify, or the late arrival of a proponent, may change
the order as may be necessary to facilitate the meeting. If the
proponent does not appear at the public hearing, the Planning
Commission may continue the public hearing until the next meeting in
order to ensure adequate consideration of the proposal. However, in
such case the Chair shall take whatever testimony that may be given
before accepting a motion to continue pursuant to Section (8).
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XI. CONDUCT:
1. These rules are intended to promote an orderly system of holding public
meetings and public hearings.
2. Any person making personal, impertinent or slanderous remarks or
noises while addressing the Commission at a public hearing may be
barred from further participation by the Presiding Officer, unless
permission to continue is granted by a majority vote of the Commission.
3. No comments shall be made from any other location other than the
podium, lectern or table set up for people to address the Commission at
a public hearing, unless approved in advance by the Chair, and anyone
making irrelevant, distracting, or offensive comments or noises may be
subject to removal from the meeting.
4. Demonstrations, applause, other disruptive behavior, or other audience
participation during or at the conclusion of anyone’s presentation are
prohibited. It is distracting to the Commission, the audience, and
persons testifying.
XII. CONFLICT OF INTEREST:
1. Any member of the Commission who in his or her opinion has an
interest in any matter before the Commission that would tend to
prejudice his or her actions shall publicly indicate, step down and leave
the meeting room until the matter is disposed. A member need only be
excused from legislative or organizational action if the potential conflict
of interest is direct and substantial.
A. No member of the Planning Commission may use his or her
position to secure special privileges or exemptions for himself,
herself, or others.
B. No member of the Planning Commission may, directly or
indirectly, give or receive or agree to receive any compensation,
gift, reward, or gratuity from a source except the employing
municipality, for a matter connected with or related to the
officer's services as such an officer unless otherwise provided for
by law.
C. No member of the Planning Commission may accept
employment or engage in business o r professional activity that
the officer might reasonably expect would require or induce him
or her by reason of his or her official position to disclose
confidential information acquired by reason of his or her official
position.
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D. No member of the Planning Commission may disclose
confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her
personal gain or benefit.
E. No member of the Planning Commission may take any action
that is prohibited by Chapter 42.23 RCW or any other statutes
identifying conflicts of interest.
2. Appearance of Fairness:
Commission members shall strive to follow, in good faith, the
Appearance of Fairness Doctrine as established under Washington
State Law as it applies to quasi-judicial decisions (RCW 42.36) even for
legislative actions before the Commission. The doctrine includes but is
not limited to the following:
A. Members shall avoid communicating in respect to any proposal
with any interested parties, other than staff, outside of public
hearings. Written communication from an interested party to a
member may be permitted provided that such communication is
made part of the record.
B. Members shall avoid drawing conclusions regarding decisions
until after the public hearing is closed.
C. Members shall avoid participating in decisions which affect their
or any family member's property, personal or business interest,
or organization.
D. Members shall avoid participating in decisions in which a
preconceived bias or conclusion has been formed in the mind of
the member prior to the hearing.
E. If any concern relating to Items 1 through 4 should arise, the
affected member shall declare at the start of the public hearing
on the matter, the extent of such concern and whether the
member's decision has been influenced. If the member has
been influenced, or if the extent of the concern is significant, the
member shall be excused by the Chair from the meeting room
and his vote recorded as an abstention.
If, under these rules, a quorum would be excused from the meeting, the
Chair in order to establish a quorum, shall under the rule of necessity,
permit sufficient members (beginning with those who are least affected
by these rules) to participate in the decision.
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These rules are intended to be consistent with RCW 42.36. In the case
of any conflict, RCW 42.36 or applicable case law shall govern.
XIII. AMENDMENT:
The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting.
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