HomeMy WebLinkAbout5481ORDINANCE NO. 5 4 8 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, PURSUANT TO RCW 36.70A.390, EXTENDING FOR
A TIME PERIOD OF SIX MONTHS THE INTERIM ZONING OF C-2 (CENTRAL
BUSINESS DISTRICT) ON PROPERTIES WITHIN PORTIONS OF DOWNTOWN
AUBURN AND EXTENDING CERTAIN AMENDMENTS TO AUBURN CITY
CODE CHAPTER 18.28 ENTITLED "C-2 CENTRAL BUSINESS DISTRICT'
CONTAINED IN TITLE 18 AS ADOPTED IN ORDINANCES 5193 AND 5194, AS
REVISED BY ORDINANCE 5210, AND AS APPROVED AND PASSED IN
ORDINANCE NO. 5324, AS AMENDED BY ORDINANCE NO. 5337, AND AS
APPROVED AND PASSED IN ORDINANCE NOS. 5343 AND 5393.
WHEREAS, the City of Auburn adopted a Comprehensive Plan which
complies with the Washington State Growth Management Act (GMA) on April 17,
1995; and
WHEREAS, the Comprehensive Plan designates Downtown Auburn as a
Special Planning Area; and
WHEREAS, preparation of a Downtown Plan has been underway since
October 1997; and
WHEREAS, the Auburn Downtown Plan has been prepared as an
integrated SEPA/GMA document that includes both the Plan and an
Envirnomental Impact Statement (EIS); and
WHEREAS, the Auburn Downtown Plan and Draft EIS will be issued on
December 7, 2000; and
Ordinance No. 5481
December 5, 2000
Page 1
WHEREAS, a 60 day comment period, preparation of Final EIS, and public
hearing will follow; and
WHEREAS, adoption of the Downtown Plan will include revisions to the
Zoning Ordinance and Zoning Map and replace the need for interim zoning; and
WHEREAS, the current zoning designations within Downtown will allow
development that is incompatible with the Downtown Plan; and
WHEREAS, RCW 36.70A.390 establishes a process whereby the City can
establish interim zoning controls; and
WHEREAS, the City Council passed Ordinance Numbers 5193 and 5194
on December 7, 1998, which established interim zoning changes in Downtown
Auburn: and
WHEREAS, pursuant to RCW 36.70A.390, the City Council held a public
hearing on January 19, 1999 on the subject of the Interim Downtown Zoning
Changes of Ordinance Numbers 5193 and 5194; and
WHEREAS, certain amendments were approved and passed on February
1, 1999 in Ordinance Number 5210; and
WHEREAS, the City Council passed Ordinance Number 5324 on
December 6, 1999, extending the interim zoning changes and concomitant
amendments to Auburn City Code Chapter 18.28 entitled "C-2" Central Business
District' for Downtown Auburn for a period of one year; and
Ordinance No. 5481
December 4, 2000
Page 2
WHEREAS, the City Council passed Ordinance Number 5337 on January
18, 2000, amending the time period extension of the interim zoning and
amendments to Auburn City Code Chapter 18.28 passed under Ordinance 5324
from one year to six months, as allowed by RCW 36.70A.390; and
WHEREAS, the City Council passed Ordinance Number 5343 on February
7, 2000, adopting amendments to Auburn City Code Chapter 18.28 entitled T-2
Central Business District' by adding a new section 18.28.060 entitled
"Development Standards for Parking Garages" located in the C-2 Central
Business District on an interim basis which set forth new development standards
for parking garages; and
WHEREAS, the City Council held a public hearing pursuant to RCW
36.70A.390 on the subject of Auburn City Code Section 18.28.060 entitled
"Development Standards for Parking Garages" on January 18, 2000; and
WHEREAS, the City Council held a public hearing and passed Ordinance
5393 extending the interim C-2 zoning and revisions to Auburn City Code Section
18.28.060 entitled "Development Standards for Parking Garages" on June 5, 2000
at 7:30 p.m. in the City of Auburn Council Chambers; and
WHEREAS, interim zoning can ensure that development that occurs
between now and plan adoption and implementation will be compatible with that
Plan; and
Ordinance No. 5481
December 5, 2000
Page 3
and
and
WHEREAS, this interim zoning is consistent with the comprehensive plan;
WHEREAS, this ordinance does not have an adverse environmental effect;
WHEREAS, renewal of the interim controls is recommended by the City of
Auburn Department of Planning and Community Development based upon the
Findings of Fact as set forth below.
FINDINGS OF FACT
1. The City of Auburn established a Downtown Task Force in October 1997
comprised of citizens and business owners to assist the City and its
consultants on the development of a new Downtown Plan.
2. In the course of development of the Plan, open houses attended by over
one hundred people were held and interviews conducted with over 60
individuals to gather public input into the Plan development.
3. A Downtown Plan and Draft EIS has been developed and will be issued
December 7, 2000.
4. A summary of the work plan for the project identifies the following steps
remaining to adopt the Downtown Plan and final zoning amendments:
• Downtown Plan and Environmental Impact Statement: provide public
comment opportunities; prepare Final Environmental Impact Statement
Ordinance No. 5481
December 4, 2000
Page 4
(FEIS); and adopt the Downtown Plan.
• Zoning Amendments: Prepare implementing zoning code
amendments; prepare environmental review documents and processes;
provide public comment opportunities, and adopt implementing zoning
amendments.
5. Existing ordinances and regulations dealing with downtown development do
not ensure that future new downtown development will be consistent with
the Downtown Plan and Draft EIS dated December 7, 2000.
6. Interim zoning and certain amendments to Auburn City Code Chapter 18.28
entitled "C-2 Central Business District' was established on December 7,
1998 by the City Council through the adoption of Ordinance Numbers 5193
and 5194, and as revised by Ordinance Number 5210 and extended by
Ordinance 5324, adopted December 6, 1999, and amended by Ordinance
5337 and 5393 pursuant to RCW 36.70A.390. This interim zoning will
ensure that new development which occurs prior to adoption and
implementation of the Downtown Plan is consistent with the Plan.
7. Ordinance 5343 adopted changes to Auburn City Code Chapter 18.28 that
established interim development standards for parking garages in the
Central Business District (C-2) on February 7, 2000 for a six month time
period.
Ordinance No. 5481
December 5, 2000
Page 5
8. RCW 36.70A.390 restricts renewal periods for interim zoning to one or
more six-month periods of time and thus the extension and renewal of the
interim zoning of C-2 (Central Business District) on properties within
portions of Downtown Auburn as provided in the attached Exhibit "A" and
the extension of the amendments to Auburn City Code Chapter 18.28
entitled "C-2 Central Business District' as set forth in the attached Exhibit
"B" shall be for a period of six months.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. All properties lying within the area designated as
receiving the C-2 designation on an interim basis as adopted by Ordinances 5193
and 5194, as revised by Ordinance No. 5210 and approved and passed in
Ordinance No. 5324, as amended by Ordinance No. 5337and as extended by
Ordinance No. 5393 and as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference, shall conform to the provisions of the C-2
(Downtown Business District) zoning designation.
Amendments to Auburn City Code Chapter 18.28 entitled "C-2 Central
Business District' relating to land use and zoning as adopted by Ordinances 5193,
as approved and passed in Ordinance 5324, as amended by Ordinance No. 5337,
as approved and passed in Ordinance 5343, and as extended by Ordinance No.
Ordinance No. 5481
December 4, 2000
Page 6
5393 and as set forth in Exhibit "B" attached hereto and incorporated herein by
this reference. These changes shall apply to all properties designated as C-2
throughout the City.
Section 2. Public Hearing. In accordance with RCW 36.70A.390, the
City Council will conduct a public hearing on December 18, 2000 and does adopt
the Findings of Fact as set forth above to justify the further extension of interim
zoning and those certain amendments to Auburn City Code Chapter 18.28 entitled
"C-2 Central Business District" as set forth in the attached Exhibits "A" and "B" for
a period of six (6) months from the effective date of this Ordinance or until new
land use regulations governing development in Downtown take effect, whichever
is sooner. The process for completing the Downtown Plan will include: conducting
a public process to receive additional community and property owner input;
preparation of proper environmental review documents; and, implementation of
Area Zoning designating properties with zoning categories consistent with the
Downtown Plan.
Section 3. Public safety, health and general welfare. The Auburn City
Council finds that this ordinance is necessary to protect the public safety, health
and general welfare.
Section 4. Severability: If any section, subsection, sentence, clause,
phrase or word of this ordinance should be held to be invalid or unconstitutional by
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Ordinance No. 5481
December 5, 2000
Page 7
a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall
not affect the validity or constitutionality of any other section, subsection,
sentence, clause, phrase or work of this ordinance.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 6. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED: December 4, 2000
PASSED: December 4, 2000
F-Jilkgs0 -M. NNEW11I�
CHARLES A. BOOTH
MAYOR
Ordinance No. 5481
December 4, 2000
Page 8
ATTEST:
Dan Ile E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
Published: S
Ordinance No. 5481
December 5, 2000
Page 9
2
%019M 119
Chapter 18.28
C-2 CENTRAL BUSINESS DISTRICT
Sections:
18.28.010 Intent.
18.28.020 Permitted uses.
18.28.030 Uses requiring permit.
18.28.040 Development standards.
18.28.050 Supplemental development standards.
18.28.060 Development Standards for Parking Garages.
18.28.010 Intent.
The intent and objective of this classification and its
application is to set apart that portion of the City which forms
the center for financial, commercial, governmental, professional,
and cultural activities all of which have common or similar
performance standards in that they represent types of enterprises
involving the rendering of services, both professional or to the
person, or on -premise retail activities. This zone encourages
leisure shopping and provides amenities conducive to attracting
pedestrian shoppers. This zone shall only be applied within the
central business district as defined by the Comprehensive Plan.
18.28.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land
shall only be used for the following, unless otherwise provided
for in this Title:
A. Apartments, provided they are located in a multi -story
building the ground floor of which must contain a permitted
use as listed in Section 18.28.020 (B -HH). No density
limitations shall apply.
B. Art, music and photography studios;
C. Automobile parking facilities;
D. Bakery and pastry shops, products made must be sold at
retail on premises;
E. Banking and related financial institutions, excluding drive-
in facilities;
F. Caretaker apartment;
G. Civic, social, and fraternal clubs;
H. Day-care, including home based, mini day-care, day-care
center, preschools or nursery schools;
I. Delicatessens;
J. Dry cleaning and laundry services;
K. Funeral homes;
L. Grocery stores;
M. Hobby shops;
N. Hospitals, to include small animal, but does not allow
outside runs or kennels;
Ordinance 5481 18.28-1
Exhibit B
0. Hotels;
P. Laundry, self-service;
Q. Liquor store;
R. Massage parlors;
S. Meeting rooms and/or reception facilities;
T. Motels;
U. Newsstands;
U. News syndicate services;
W. Nursing homes;
X. Personal service shops;
Y. Pharmacies;
Z. Printing and publishing;
AA. Professional offices;
BB. Radio and television broadcasting studios;
CC. Retail stores and shops, including department and variety
stores which offer for sale the following and similar
related goods:
1. Antiques;
2. Art supplies;
3. Automobiles parts and accessories, excludes service and
machine shops;
4. Baked goods;
5. Beverages;
6. Bicycles;
7. Books and magazines;
8. Candy, nuts, and confectionery;
9. Clothing;
10. Computers;
11. Dairy products;
12. Dry goods;
13. Flowers and houseplants;
14. Fruits and vegetables;
15. Furniture and home furnishings;
16. Hardware, including electrical, heating, plumbing,
glass, paint, wallpaper and related goods;
17. Home garden supplies;
18. Household appliances;
19. Household pets;
20. Housewares;
21. Jewelry and clocks;
22. Meat, fish and poultry, pre-processed;
23. Notions;
24. Office supplies and equipment;
25. Photographic equipment, including finishing;
26. Radio, television, and stereos;
27. Shoes;
28. Sporting goods;
29. Stationery;
30. Toys.
DD. Religious institutions; not including: camp meeting grounds,
recreational complexes, retreat houses, sleeping/living
quarters for those not employed on the premises, bible camps
with live-in quarters, publishing establishments, ritual
slaughter houses, and theological seminaries.
Ordinance 5481 18.28-2
Exhibit B
EE. Restaurants, including outdoor seating, but excludes drive-
in facilities. Sale of alcoholic beverages is secondary use
and is limited to on -premise consumption.
FF. Schools, including art, business, barber, beauty, dancing,
martial arts and music;
GG. Secretarial services;
HH. Theaters, except drive-in;
II. Other uses may be permitted by the Planning Director 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 in this section.
JJ. Commuter rail stations and bus transfer stations. See
Section 18.28.060 for development standards for parking
structures for commuter rail/bus transfer stations.
18.28.030 Uses requiring 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, no density limitations are applied;
B. Arcades;
C. Drive-in facilities; including banks and restaurants;
D. Government facilities, this excludes offices and related
uses that are permitted outright;
E. Brewpubs;
F. Utility substations.
18.28.040 Development standards.
A. Minimum lot area: none required.
B. Minimum lot width: none required.
C. Minimum lot depth: none required.
D. Maximum lot coverage: none required.
E. Maximum building height: four (4) stories not to exceed to
forty-five (45) feet.
F. Minimum yard setbacks: none required. See Section
18.28.050(F) for specific building orientation.
G. Fences and hedges: see Chapter 18.48.
H. Parking: see Chapter 18.52.
I. Landscaping: see Chapter 18.50.
J. Signs: see Chapter 18.56.
18.28.050 Supplemental development standards.
A. All uses shall be conducted entirely within a building or
structure except:
1. Automobile parking lots;
2. Display or sales of goods that do not extend eight (8)
feet past the front of the building, do not block
entrances or interfere with pedestrian travel, do not
interfere with the parking areas and do not encroach
upon public property;
Ordinance 5481 18.28-3
Exhibit 3
3. Outdoor seating for restaurants, theaters, or other
entertainment;
4. Temporary uses as permitted by the Hearing Examiner,
Building Official, Planning Director or City Engineer
pursuant to applicable ordinances;
5. Unloading and loading areas;
6. Utility substations;
7. Refuse containers;
8. Play areas for day -cares.
B. Any repairing done on the premises shall be incidental only,
and limited to custom repairing of the types of merchandise
sold on the premises at retail The floor area devoted to
such repairing shall not exceed thirty (30) percent of the
total floor area occupied by the particular enterprise,
except that the limitations of this subsection shall not
apply to shoe, radio, television, or other small appliance
repair services.
C. Storage shall be limited to accessory storage of commodities
sold at retail on the premises or materials used in the
limited fabrication of commodities sold at retail on the
premises. No outside storage is permitted.
D. Operations conducted on the premises shall not be
objectionable beyond the property boundary lines by reason
of noise, odor, fumes, gases, smoke, vibration, hazard, or
other causes;
E. No on-site hazardous substance processing and handling, or
hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a
permitted use. On-site hazardous waste treatment and
storage facilities shall be subject to the state siting
criteria (Chapter 70.105 RCW).
F. Building orientation requirements.
The following requirements apply to the construction of all
new buildings or structures.
Existing buildings or structures, including facades, that do
not have setbacks or otherwise cannot comply, are exempt
from these requirements regardless of the amount of
improvements made to the building, structure or facade as
long as any alteration does not make the existing facade
more nonconforming.
Existing buildings, structures, or facades that have
sufficient setbacks to comply with the following
requirements shall be required to do so when any cumulative
improvement exceeds 50% of the assessed value of the
building, structure, or facade or any structural changes are
made to the street frontage facade.
1. For each lineal foot of frontage a building has on a
street, there shall be provided an area(s) for
pedestrian amenities at the rate of one square foot of
ground area for each lineal foot of building frontage.
Pedestrian amenities shall consist of such features as
landscaping, benches, entry ways with accents such as
Ordinance 5481 18.28-4
Exhibit B
brick pavers, art work, or a combination of these or
similar features. The pedestrian amenities shall be
located on the property between the street right of way
and the building. The Planning Director shall approve
the amount and type of the pedestrian amenities.
2. For buildings that have a street frontage that exceeds
50 feet then at least 25% of the building's frontage
shall be immediately adjacent to the street right of
way.
3. For buildings that have a street frontage that is less
than 25 feet then no pedestrian amenities will be
required. There shall however be provided a landing in
front of each door, that opens to a street, that is
large enough such that no part of any door will
encroach into the street right of way when the door is
being opened or closed.
4. For buildings that provide additional setbacks, except
as restricted by section 18.28.050(F)(2), the area
between the street right of way and the building shall
only contain pedestrian amenities.
5. If a building has more than two street frontages then
at least two of the frontages shall comply with Section
18.2B.050(F)(2)&(7) and contain pedestrian amenities
between the building and the street right of way. Any
remaining frontages shall either have pedestrian
amenities, windows, murals, flat surfaced art work or
other similar architectural features that would avoid
large blank walls.
6. For new buildings that will infill between two other
existing buildings the new building shall be setback no
further than either of the adjacent buildings unless
additional setback is required to comply with section
18.28.050(F)(1). The proposed setback shall be reviewed
by the Planning Director to ensure the setback will
maintain building continuity along the street.
7. Buildings shall have windows that encompass at least
60% of the first floor facade and at least 40% of the
facade of each additional floor. At least 50% of the
area of the first floor windows of non-residential
buildings shall provide visibility to the inside of the
building. This subsection shall only apply to the
facades, of new buildings, with street frontage and
shall not lessen the requirements of the Uniform
Building or Fire Codes.
8. The building's principal entrance shall be oriented to
the street. If the building is at a corner, either
street or alley, then the principal entrance shall be
at the corner unless a better architectural design is
attained at another location and approved by the
Planning Director.
Ordinance 5481 18.28-5
Exhibit B
9. Buildings that are at the intersection of either two
streets or a street and an alley shall provide for a
sight distance triangular setback as required by
section 18.48.020(B)(1)(a,b). These triangular areas
may contain pedestrian amenities that satisfy the
requirements of section 18.28.050(F)(1).
10. A site plan shall be prepared by the proponent which
addresses compliance with the requirements as outlined
in section 18.28.050(F)(1-9). The site plan shall be
approved by the Planning Director prior to the
submittal of any building permit.
11. For the sole purposes of section 18.28.050(F) the term
"street" shall include the right of way of private and
public streets or alleys. The term shall also include
pedestrian walkways, encumbered by an easement or
similar means, that are used by the general public to
travel from one property to another.
18.28.060 Development Standards for Parking Garages.
Parking garages shall be exempt from the Supplemental Design
Standards of the C-2 Zone, Section 18.28.050.F, unless otherwise
indicated. The intent of this section is to ensure that parking
garages are designed to be architecturally harmonious with
associated buildings, and reflect traditional, commercial
building forms. The Draft Auburn Downtown Plan contains an Urban
Design Vision that includes specific reference to parking
garages. This can be an additional source of information for
community expectations.
The following development standards shall apply:
A. Maximum building height: sixty (60) feet. An elevator
penthouse or mechanical equipment may extend above this
height by five (5) feet.
B. Commercial spaces shall occupy a minimum of 50% of the
primary street frontage or primary public exposure of the
parking structure.
C. Where concrete is used for walls that are visible from a
public sidewalk, street, plaza or pedestrian route, then the
concrete construction must be architecturally treated.
Following are several acceptable methods for architectural
treatment:
1. Textured or patterned surface
2. Colored admixture in concrete
3. Other masonry types as accent, such as brick, glass
block, or tile
D. Windows and openings in the parking garage facade shall meet
the following requirements:
1. Glazed windows are not required for the car park
section of parking structures. Any first floor area
Ordinance 5481 18.28-6
Exhibit B
devoted to commercial use shall meet the window
requirements listed in the Supplemental Development
Standards, Section 18.28.050.F.7.
2. The rhythm and proportions of the openings on upper
floors should complement the design of the lower floor
storefront. Upper floors should avoid long, continuous
horizontal openings. Along pedestrian -oriented streets
or public spaces openings on all floors should be
architecturally treated, to create the impression of a
traditional downtown commercial building. These might
include treatments which are, or resemble windowsills,
lintels, mouldings, mullions and muntins, or openings
with a unique shape, such as an arch, pediment, or
hood.
E. Lighting requirements include the following:
1. Lighting inside the garage shall meet a minimum
standard of 5 footcandles, not to exceed the Washington
State Energy Code Lighting Power Allowance.
2. Light fixtures shall be protected from breakage by
means such as a wired cage.
F. Pedestrian entrances to the garage from adjacent streets or
plaza shall be clearly defined through design of the
pavement, and/or building opening, and shall be signed.
G. The total square feet of landscaping area to be provided
shall be determined by multiplying each parking garage
frontage along a public street, sidewalk, plaza, or
pedestrian route by 0.75.
The minimum acceptable dimension for any landscaping area is
three feet. Landscaping should be located along a minimum of
25% of any frontage. However, landscape location may be
revised and consolidated if severe space limitations
restrict the ability to provide the minimum landscape area
on each frontage. Pedestrian amenities, as defined in ACC
18.28.050 (F) (1), may be used to meet the landscaping
requirement, up to a maximum of 500 of the required
landscaping area, and may include benches, artwork, or
decorative paving.
The Planning Director shall approve the amount, type, and
location of landscaping and/or pedestrian amenities.
H. Parking garages shall be architecturally consistent with
other buildings in the same project, and shall use the same,
or harmonious, colors and materials. Parking garages that
are not part of a larger project shall be architecturally
compatible with neighboring structures or consistent with
the urban design vision for the area.
I. Standard sized parking spaces in parking garages are allowed
an exception to ACC 18.52.090, Parking space dimensional
requirements. Spaces oriented at 90 degrees to the aisle
are allowed a minimum length of 18.0 feet and an aisle width
of 22.0 feet.
Ordinance 5481 18.28-7
Exhibit B