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HomeMy WebLinkAbout5337 ORDINANCE NO. 5 3 3 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AMENDING ORDINANCE 5324 WHICH EXTENDED INTERIM ZONING OF C-2 (CENTRAL BUSINESS DISTRICT) ON PROPERTIES WITHIN PORTIONS OF DOWNTOWN AUBURN AND EXTENDED CERTAIN AMENDMENTS TO AUBURN CITY CODE CHAPTER 18.28 ENTITLED "C-2 CENTRAL BUSINESS DISTRICT" CONTAINED IN TITLE 18 AS PROVIDED IN ORDINANCE 5324 FOR A PERIOD OF SIX MONTHS AS REQUIRED UNDER RCW 36.70A.390 RATHER THAN FOR THE ONE YEAR PERIOD SET FORTH IN ORDINANCE 5324 AND ADOPTING FINDINGS OF FACT JUSTIFYING THE RENEWAL OF THE INTERIM ZONING CHANGES IN DOWNTOWN AUBURN UNDER ORDINANCE NO. 5324. WHEREAS, the City of Auburn adopted a Comprehensive Plan which complies with the Washington State Growth Management Act 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, a Draft Auburn Downtown Plan dated August 13, 1999 has been developed; and WHEREAS, the current zoning designations within Downtown will allow development that is incompatible with that Draft Plan; and Ordinance No. 5337 December 29 1999 Page 1 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 WHEREAS, RCW 36.70A.390 entitled "Moratoria, interim zoning controls- Public hearing- Limitation on length-Exceptions limits" the renewal period for interim zoning ordinances to one or more six-month periods; and Ordinance No. 5337 December 29, 1999 Page 2 WHEREAS, interim zoning can ensure that development that occurs between now and plan adoption and implementation will be compatible with that Plan; and WHEREAS, this interim zoning is consistent with the comprehensive plan; and WHEREAS, this ordinance does not have an adverse environmental effect; and WHEREAS, pursuant to RCW 36.70A.390, the City Council held a public hearing on January 3, 2000 on the subject of the Interim Downtown Zoning Changes of Ordinance Number 5324; and WHEREAS, a Draft Auburn Downtown Plan has been underway since October 1997; and WHEREAS, a Draft Auburn Downtown Plan dated August 13, 1999 has been developed; and WHEREAS, the current zoning designations within Downtown will allow development that is incompatible with that Draft Plan; and WHEREAS, after hearing testimony at the public hearing, the City Council based upon the Findings of Fact on the subject of the interim zoning set forth ' below voted to continue the imposition of the interim zoning. Ordinance No. 5337 December 29 1999 Page 3 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 Draft Downtown Plan has been developed dated August 13, 1999. 4. Existing ordinances and regulations dealing with downtown development do not ensure that future new downtown development will be consistent with the Draft Downtown Plan dated August 13, 1999. 5. Interim zoning 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, pursuant to RCVV 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. 6. RCVV 36.70A.390 restrict renewal periods for interim zoning to one or more six-month periods of time and thus the extension and renewal of the interim Ordinance No. 5337 December 29, 1999 Page 4 zoning of C-2 (Central Business District) on properties within portions of Downtown Auburn and provided in the attached Exhibit "A" and the extension of the concomitant 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, 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. Concomitantly Auburn City Code Chapter 18.28 entitled "C-2 Central Business District" relating to land use and zoning is amended 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 Ordinance Number 5324, the City Council has conducted a public hearing and does adopt the Findings of Ordinance No. 5337 December 29 1999 Page 5 Fact as set forth above to justify the continuation of interim zoning in Downtown Auburn as set forth in Ordinance 5324 for a period of six (6) months from the effective date of Ordinance 5324 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; development of policies directing the long term growth and development of the area; 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 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. Ordinance No. 5337 December 29, 1999 Page 6 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: Jan-an2' 18, 2000 PASSED: January 18, 2000 APPROVED: January 18, 2000 CHARLES A. BOOTH MAYOR Ordinance No. 5337 ' December 29 1999 Page 7 ATTEST: ~' b skam " City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Published: Ordinance No. 5337 December 29, 1999 Page 8 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. 18.28.010 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; Go 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; O. Hotels; Exhibit "B" Page I 18.28-1 Laundry, self-servige; Liquor store; Massage parlors; Meeting rooms and/or reception facilities; Motels; Newsstands; News syndicate services; Nursing homes; Personal service shops; Pharmacies; Printing and publishing; Professional offices; Radio and television broadcasting studios; 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. 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. Exhbit "B"' 2 18.28-2 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; 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. Taverns; 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; Exhibit "B" Page 3 18.28-3 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 structuralchanges 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 Exhibit "B" Page 4 18.28-4 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. Eor 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 18.28.050(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 encompassat 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. Exhibit "B" Page 5 18.28-5 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. Fadlibit "B" Page 6 18.28-6