HomeMy WebLinkAbout4590
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ORDINANCE NO. 4 5 9 0
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CITY OF AUBURN ZONING CODE TITLE 18
RELATING TO WORK RELEASE AND PRE-RELEASE RESIDENTIAL
FACILITIES AND OTHER SIMILAR FACILITIES WHICH SERVE AS
ALTERNATIVES TO IMPRISONMENT BY AMENDING SECTIONS 18.04.440,
18.30.030 AND 18.32.040 AND BY ADDING NEW SECTIONS 18.04.744,
18.04.914 AND 18.48.090.
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WHEREAS, Auburn City Code section 18.04.440 entitled
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"Group residence facility" generally defines the purpose of
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such facilities to provide housing of persons who, by reason
of their mental or physical disabilities, addiction to drugs
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or alcohol, or family or social adjustment problems, require
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transitional,
and
social
non-medical
rehabilitation
readjustment programs; and
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WHEREAS, the current definition of "Group residence
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facility" also includes programs such as work release and pre-
release programs and other similar programs which are
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alternatives to imprisonment; and
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WHEREAS, the City of Auburn Planning Commission conducted
a public hearing on proposed amendments to Title 18 of the
City of Auburn zoning Code at their October 6, 1992 meeting
under Application No. MIS0009-92ZC, at the conclusion of which
it was the decision of the Planning Commission to recommend to
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Ordinance No. 4590
OClober 12, 1992
Page 1
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the city Council to approve the proposed amendments and
thereby remove work release and pre-release residences and
similar
other
residences
which
alternatives
to
are
imprisonment from the definition of "Group residence facility"
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and to provide that such residences be regulated separately
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according to their own special characteristics; and
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WHEREAS, the City Council's Planning and Community
Development Committee reviewed and discussed the proposed
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amendments in their October 12,
at the
1992 meeting,
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conclusion of which the Committee recommended to the City
Council to amend the City of Auburn Zoning Code as recommended
by the Planning commission; and
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WHEREAS, although the city Council supports the concept
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of work release, pre-release and other similar residential
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programs as alternatives to imprisonment, the city Council
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recognizes
are
that
distinguished
such
from
programs
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residential non-medical rehabilitation programs for mental or
physical disabilities, addiction to drugs or alcohol, or
family and social adjustment problems as they are correctional
in that the residents are serving court imposed sentences;
WHEREAS, the city Council therefore has determined that
work release, pre-release and other similar alternative
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Ordinance No. 4590
OClober 12, 1992
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residential programs to imprisonment should be regulated
separately according to their own special characteristics;
WHEREAS, on October 19, 1992, during a regular meeting,
the City Council reviewed the proposed amendments and
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thereafter adopted the recommendation of the Planning
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commission and the Planning and Community Development
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Committee to approve the requested amendments.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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section 1. PURPOSE. The purpose of this ordinance is to
amend City of Auburn Zoning Code Title 18 to remove work
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release,
similar
correctional
pre-release
and
other
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residential programs which are alternatives to imprisonment
from the definition of "Group resident facility" and to adopt
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a separate process for the establishment and siting of such
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programs.
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Section 2.
ci ty of Auburn Zoning Code section 18.04
entitled "Definitions" is hereby amended by amending section
18.04.440 entitled "Group residence facility" to delete
references to work releases programs from the definition of a
"Group residence facility" as delineated in Exhibit "A" which
is attached hereto and incorporated herein by reference.
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Ordinance No. 4590
OClober 12, 1992
Page 3
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section 3.
City of Auburn Zoning Code section 18.04
entitled "Definitions" is hereby amended by adding a new
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section
as
entitled
facility"
18.04.744
"Pre-release
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delineated in Exhibit "B" which is attached hereto and
incorporated herein by reference.
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section 4.
ci ty of Auburn Zoning Code section 18.04
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entitled "Definitions" is hereby amended by adding a new
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section
as
entitled
facility"
18.04.914
"Work release
delineated in Exhibit "C" which is attached hereto and
incorporated herein by reference.
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section s.
City of Auburn Zoning Code Chapter 18.30
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entitled "C-3 Heavy Commercial District" is hereby amended by
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amending
"Uses
requiring
section
entitled
18.30.030
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conditional use permit" to add subsection "H" as delineated in
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Exhibit "D" which is attached hereto and incorporated herein
by reference.
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section 6.
ci ty of Auburn Zoning Code Chapter 18.32
entitled "M-l Ligl;1t Industrial District" is hereby amended by
amended
section
a
entitled
requiring
18.32.040
"Uses
conditional use permit" to add subsection "N" as delineated in
Exhibit "E" which is attached hereto and incorporated herein
by reference.
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Ordinance No. 4590
Oclober 12, 1992
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Section 7.
city of Auburn Zoning Code Chapter 18.48
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entitled "Supplemental development standards" is hereby
amended by adding a new section 18.48.090 enti tled "Work
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release, pre-release and similar facilities" as delineated in
Exhibit "F" which is attached hereto and incorporated herein
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by reference.
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section 8.
to
is
authorized
The Mayor
hereby
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implement such administrative procedures as may be necessary
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to carry out the directions of this legislation.
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section 9.
This Ordinance shall take effect and be in
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force five (5) days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
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PASSED:
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/0- /9- 9 d-
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APPROVED:
ßø4~
MAYOR
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Ordinance No. 4590
October 12, 1992
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ATTEST:
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~ tít¥Á-¡ÁLdIJf)
Robin Wohlhue er,
City Clerk
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APPROVED AS TO FORM:
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rt~~
Stephen R. Shelton,
City Attorney
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PUBLISHED: /0- J¡S-" c¡¿}-
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Ordinance No. 4590
OClober 12, 1992
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EXHIBIT "A"
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18.04.440 Group residence facility
"Group residence facility" means a facility licensed by
the state and operated with full-time supervision for housing
resident persons who, by reasons of their mental or physical
disability, addiction to drugs or alcohol, or family and
social adjustment problems, require a transitional non-medical
treatment program for rehabilitation and social readjustment.
For the purposes of this Title, a non-medical treatment
program consists of counseling, vocational guidance, training,
group therapy and other similar rehabilitative services but
does not include drug and/or alcohol detoxification.
Monitoring the taking of prescription medication shall be
permitted. The use of medication by any resident shall be
incidental to that person's residence in the facility and
shall not be a criterion for residence in the facility.
( (Preg'raIIIs ~rev±d±ftg'-'td-'t:ei.'tktri:i-ves--~--i~~el'lt!l~l. t. ;--±ne-:~ud±ng'
"re-re%eaSeT-werit-re-i_~e--M!d--pt.~ prðgJ: a__h.i:eh-are
1:Iftder--t.+te-~i-e-~-e~-fl-~,-_~~-er-"¡-octM-~-are
±fte%1:Ided--i-fl.-~i5 --de£~:ft:i-t.-i~» This definition does not
include residential dwellings which meet all other
requirements of this Title, that provide programs related to
this definition or which provide services of a nursing home as
defined by Section 18.04.660.
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Ordinance No. 4590 Exhibil "A"
October 9, 1992
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EXHIBIT "B"
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18.04.744 Pre-release facility
"Pre-release facilitv" has the same meaninq as "work
release facilitv" for the purposes of this Title. See section
18.04.914.
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Ordinance No. 4590 Exhibil "B"
October 9, 1992
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EXHIBIT "C"
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18.04.914 Work release facility
"Work release facilitv" means a residential alternative
to imprisonment. includina work/trainina release and pre-
release proarams which are under the supervision of a court.
federal. state or local aaencv. This definition excludes at-
home electronic surveillance.
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Ordinance No. 4590 Exhibit "CO
October 9, 1992
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EXHIBIT liD"
18.30.030 Uses requiring conditional use permit
The following uses may be permitted when a conditional
use permit has been issued pursuant to the provisions of
Chapter 18.64:
A. Apartments, provided that 1,200 square feet of lot area
is provided for each dwelling unit;
B. Government facilities, this excludes offices and related
uses that are permitted outright;
C. Miscellaneous light manufacturing including toys,
jewelry, ceramic, musical instruments and similar
products, apparel and other finished products made from
fabrics, leather, and similar materials, manufacturing of
professional, scientific, and controlling instruments
such as photo and optical goods, watch and clock
manufacturing, and similar products, with retail sales of
products manufactured on the premises;
D. Nursing homes;
E. Semi tractor and trailer sales;
F. utility substations;
G. Heliports;
H. Work release. pre-release or similar facilities offerina
alternatives to imprisonment under the supervision of a court.
state or local aovernment aaencv. and meetina the standards
established under section 18.48.090.
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Ordinance No. 4590 Exhibil "D"
October 9, 1992
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EXHIBIT "E"
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18.32.040 Uses requirinq a conditional use permit
The following uses may be permitted when a conditional
use permit has been issued pursuant to the provisions of
chapter 18.64:
A. Automobile sales new and/or used to include passenger
trucks and recreational vehicles;
B. Automobile and truck rental;
C. Commercial recreation, including animal race tracks;
D. Heliports;
E. Heavy equipment sales, limited to new equipment with used
equipment being a secondary use;
F. Government facilities;
G. Motels;
H. outside storage or other outside uses that are
supplemental to a permitted use, limited to 50% of the
floor area of the associated building or is not located
to the rear of the property or abuts a street;
I. Radio and television transmitting towers;
J. Shopping centers, must involve a minimum of 250,000
square feet of floor area;
K. utility substations, unless clearly incidental and part
of a permitted use. Then the substation shall be
permitted outright;
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L. Warehouse sales, open to the public, must have
of 50,000 square feet of floor area;
M. Religious institutions, to be located in
facilities, only;
N. Work release. ore-release or
alternatives to imorisonment
a minimum
existing
similar facilities offerinq
under the suoervision of a
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Ordinance No. 4590 Exhibil "E"
October 9, 1992
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EXHIBIT "P"
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18.48.090 Work release. pre-release and similar facilities
The followinq sitinq and performance standards shall
applv to all work release. pre-release and similar facilities
offerinq alternatives to imprisonment:
A. Maximum number of residents: No work release.
release or similar facilitv shall house more than
(50) persons. excludinq resident staff.
Dispersion criteria:
1. The lot line of anv new or expandinq work release.
pre-release or similar facility shall be located:
one thousand (1. 000) feet or more from anv
residential zone: and
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pre-
fifty
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B.
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a.
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b.
one thousand ( 1. 000) feet or more from anv
qroup residence facility as defined bY Section
18.04.440: and
one thousand (1.000) feet or more from any
accredited public. private or parochial school.
excludinq commercial schools such as business.
vocational or technical schools: and
one thousand (1.000) feet or more from anv
reliqious institution meetinq the requirements
of a conforminq use and meetinq all other
requirements of the Auburn City Code: and
one thousand (1.000) feet or more from any
public park: and
one thousand ( 1. 000) feet or more from anv
licensed dav care center. nurserv school or
preschool as defined bv section 18.04.290: and
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c.
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d.
e.
f.
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Ordinance No. 4590 Exhibil 'F'
OClober 9, 1992
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a. one (1) mile or more from any other work
release. Dre-release or similar facilitv.
The distances Drovided in this sub-section shall be
measured bv followina a straiaht line. without
reaard to intervenina buildinas. from the nearest
point of the propertv parcel upon which the proposed
use is to be located or expanded. to the nearest
point of the parcel of propertv or the land use
district boundarv line from which the proposed land
use is to be seDarated.
Each facility shall provide on-site dinina. on-site
laundrv or laundry service. and on-site recreation
facilities to serve the residents.
A conditional use permit application for a work release.
pre-release or similar facility shall be accomDanied by
proDosed oDeratina rules for the facilitv. These
proposed rules shall be reviewed bv the Plannina Director
in consultation with the Chief of Police and the City
Attornev. The Plannina Director shall include in anv
recommendation on the reauested conditional use permit an
analysis of the proposed rules as thev may relate to the
findinas of fact reauired under Section 18.64.040.
2.
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C.
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D.
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Ordinance No. 4590 Exhibit "F"
Oclober 9, 1992
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