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HomeMy WebLinkAbout5342 ,2. .e. sesee 952 ' Return Address: Auburn City Clerk p~e= eat oF elT4CORD 21 .ee es/e8/2eee ~5: 54 City of Auburn KXNG COUNTY, IJl:l 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): FI1,ED BY PNWT 1. Ordinance No. 5342 C~ ' ~k3 ~(~ '? - t Z. Reference Number(s) of Documents assigned or released: 1"3Additional reference #'s on page of document ,.n Grantor(s) (Last name first, then first name and initials) 1. City of Auburn Grantee: (Last name first) 1. King County, Washington Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) THAT PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., AND THAT PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 5 EAST. [] Additional legal is on page __ of the document. Assessor's Property Tax Parcel/Account Number: Said ~looument(s) were filed for record by Pacific Northwest Title te aco~.nod. a~:,no~y. "~a~n~baan ORDINANCE NO. 5 3 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW CHAPTER 18.45 ENTITLED "LEA HILL (LH) DISTRICT" WHICH SETS FORTH THE ZONING REQUIREMENTS AND STANDARDS APPLICABLE TO THE LEA HILL DISTRICT WHICH CHAPTER IS CONTAINED IN TITLE 18 ENTITLED "ZONING"; AND AMENDING SECTIONS 18.48.020 (1)AND (2), 18.48.030 (F)AND 18.48.100 CONTAINED IN CHAPTER 18.48 ENTITLED "SUPPLEMENTAL DEVELOPMENT STANDARDS"; SECTION 18.50.050 (A), (B) AND (D) CONTAINED IN CHAPTER 18.50 ENTITLED "LANDSCAPING AND SCREENING" AND SECTION 18.56.030 (A), (B), (C) AND (E) CONTAINED IN CHAPTER 18.56 ENTITLED "SIGNS" TO REFLECT THE LEA HILL DISTRICT DESIGNATIONS. WHEREAS, The City Council has begun to annex a portion of the Lea Hill Potential Annexation Area (PAA) by approving the Southwest Lea Hill Annexation; and WHEREAS, pursuant to RCW 35A. 14.330, the City Council may prepare zoning regulations to become effective upon annexation to the City; and WHEREAS, pursuant to RCW 35A.14.340 the Planning Commission on December 7, 1999 conducted a Public Hearing on the addition of a new Chapter 18.45 entitled "Lea Hill (LH) District" and certain amendments to the zoning code .. · text reflecting the newly created Lea Hill District Designations regarding the Lea Hill Potential Annexation Area and the Southwest Lea Hill Annexation; and WHEREAS, pursuant to RCW 35A.14.340, the City Council conducted its own public hearing on January 18, 2000 on the said addition of Chapter 18.45 entitled "Lea Hill (LH) District" and certain zoning code text amendments reflecting Ordinance 5342 February 2, 2000 Page I the newly created Lea Hill District Designations regarding the Lea Hill Potential Annexation Area and the Southwest Lea Hill Annexation; and WHEREAS, the City Council finds it necessary and in the interest of the health, safety and general welfare of the citizens of Auburn to enact this ordinance; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. To enact a new Chapter 18.45 entitled "Lea Hill-(LH)i! ..... District" contained in Title 18 entitled "Zoning" and certain zoning code text amendments reflecting the addition of the newly created Lea 'Hill District Designations regarding the Lea Hill Potential Annexation Area and the Southwest Lea Hill Annexation as identified on the attached Exhibit "A". Section 2. This ordinance together with Exhibit "A" which is attached hereto and incorporated herein by this reference does hereby enact a new Auburn City Code Chapter 18.45 entitled "Lea Hill (LH) District" which chapter is contained in Title 18 entitled "Zoning" and does hereby enact amendments to Sections 18.48.020 (1) and (2), 18.48.030 (F) and 18.48.100 contained in Chapter 18.48 entitled ';Supplemental Development Standards"; Section 18.50.050 (A), ~:E~i ~Cl (D) contained in chapter 18.50 entitled "Landscaping and Screening" and Section 18.56.030 (A), (B), (C) and (E) contained in Chapter 18.56 entitled "Signs" to Ordinance 5342 February 2, 2000 Page 2 reflect the addition of the newly created Lea Hill District Designations regarding the Lea Hill Potential Annexation Area and the Southwest Lea Hill Annexation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or podion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance r.a to be recorded in the office of the King County Auditor, Division of Records and c-~ Elections. I,.t') ~ 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 days from and after its passage, approval and publication as provided by law. Ordinance 5342 February 2, 2000 Page 3 INTRODUCED: February 7, 2000 PASSED: February 7, 2000 APPROVED: February 7, 2000 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam City Clerk ,- A PRO~ORM: Michael J. Reynolds City Attorney PUBLISHED: ~2-//- ~l,OOO Ordinance 5342 February 2, 2000 Page 4 Chapter 18.45 Lea Hill (LH) Distdct Section 18.45.010 Purpose Section18.45.020 Permitted uses Section18.45.030 Development standards Section 18.45.040 Development standards - lots previously approved Section 18.45.050 Prior King County approvals Section 18.45.060 Planning Director authorization Section 18.45.070 Farm animals Section 18.45.080 Title 18 applicable Section 18.45.090 Lot averaging-LHRS zone Section 18.45,010 Purpose c,-, The purpose of the Lea Hill (LH) zoning districts is to provide for zoning o-~ requirements to the Lea Hill area that are effective upon annexation. The LH c:~ zoning districts will be similar to if not the same as the other zoning districts of m the City of Auburn. Some variations are needed to recognize King County CD ZOning and the developments permitted using the County zoning. Section 18.45.020 Permitted uses The uses permitted in the LH zones, established by section 18.06.010, whether permitted outright or by a conditional use permit shall be as stated in the following referenced chapters for each of the LH zones, with the exception of farm animals then section 18.45.070 shall apply. LHRS-see chapter 18.10, LHRMHP-see chapter 18.20, LHR1 -see chapter 18.12, LHC 1 -see chapter 18.26, LHR2-see chapter 18.14, LHP 1 -see chapter 18.40, LHR3-see chapter 18.16, LHP1 -see chapter 18.44, LHR4-see chapter 18,18, Ordinance 5342 Exhibit "A" Page 1 Section18.45.030 Development standards The development standards and supplemental development standards for those properties not covered by section 18.45.040 am found in the following referenced chapters with the exception of farm animals then section 18.45.070 shall apply. LHRS-see chapter 18. ] O, LHRMHP-see chapter 18.20, LHR 1 -see chapter 18.12, LHC 1 -see chapter 18.26, LHR2-see chapter 18.14, LHP1 -see chapter 18.40, LHR3-see chapter 18.16, LHI-see chapter 18.44, LHR4-see chapter 18.18, Section 18.45.040 Development standards - lots previously approved A. Any residential lot that had received final plat .approval, final short plat approval, preliminary plat approval or King County had received and determined the application complete for a preliminary plat or short plat, prior to the effective date of annexation, the following development standards shall apply. The property owner/applicant shall be responsible to provide to the City evidence of these previous approvals. Lot Setbacks" Bidg height Zoning Lot Lot Lot Lot Area Coverage Side District area/unit width depth Front Real' Side Main ACC. (%) street LHRS NA 35 0 35 20 5 5 10 35 35 LHR 1 2500 NA 30 0 35 10 5 5 10 35 16 LHR2 2500 6000 30 0 35 10 5 5 10 35 16 LHR3 2500 3600 30 0 40 I0 5 5 10 35 35 LHR4 2500 2400 30 0 55 10 5 5 10 35 35 · Garages and other similar structures with a vehicular access require a 2a-foot setback from any street. ° Fences up to 6 feet in height may be constructed in any setback. Ordinance 5342 Exhibit "A" Page 2 B. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in sections 18.45.020 and 18.45.030 with the exception of farm animals then section 18.45.070 shall apply. Section 18.45.050 Pdor King County approvals The City of Auburn will recognize the terms of any King County approved plat, PUD, conditional use permit contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property. The conditions of any project that was approved by King County shall be required to be fulfilled in the City of Auburn. Section 18.45.060 Planning Director authorization The Planning Director shall be authorized to interpret the language of any King County permit, plat or condition thereof and effectuate the implementation of same to the fullest extent possible. If there is a conflict between a previous King County approval and the Auburn regulation then the most restrictive provision shall apply as determined by the Planning Director. Section ] 8.45.070 Farm animals A. In the LHRS, LHR1 and the LHR2 zones it is permissible to keep farm animals (excluding goats and swine in the LHR I and LHR2 zones} provided, there shall not be more than one horse, cow. donkey or other similar large animal, or four small animals such as sheep, or ] 2 poultry, rabbits, or similar size animals per each acre of enclosed usable pasture or roaming area. This · acreage requirement is in addition to the minimum lot size requirements of the zone. B. Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and it shall be 100 feet from any public street or Ordinance 5342 Exhibit "A" Page 3 alley. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture area. C. For those properties that do not meet the requirements of section 18.45.0701A), and farm animals were present prior to annexation, the farm animals may remain as legal non-conforming uses. In such case the number of farm animals allowed may be the same as what the County zoning provisions had allowed pdor to the effective date of the annexation of the subject property. Section 18.45.080 Title 18 applicable Unless otherwise provided for in this chapter all provisions and requirements of Title 18 shall apply to the Lea Hill JLH) zoning districts. Section 18.45.090 Lot aVeraging-LHRS zone It may be possible to subdivide LHRS zoned property into lots smaller than 35,000 square feet if the property has a significant amount of non-buildable land due to steep slopes, wetlands or similar features that would be in the public's best interest to maintain. The following regulations shall apply: A. At least 30% of the subdivision must contain non-buildable areas, i.e. steep slopes and wetlands, as defined by section 18.69.030(G). B. The number of allowable lots in a subdivision shall be determined by multiplying the total number of acres in the subdivision by one Jl ). Any fraction shall be rounded to the nearest whole number with ~/2 being rounded up. C. The minimum size of any lot shall be 17,500 square feet. For lots less than 35,000 square feet the minimum lot width is 1 O0 feet and the lot depth is 150 O~ 5342 Page 4 feet. All other applicable development standards related to the LHRS zone will continue to apply. D. Each lot within a subdivision shall illustrate a building area within which the house, accessory structures, and parking areas shall 'be constructed. The building area shall be exclusive of setbacks, non-buildable areas or any required buffers from the non-buildable areas. Any preliminary plat, final plat or short plat shall illustrate the building area for each lot. Any fuJure construction will be limited to the identified building area. E. A native growth protection easement or similar device, which may include provisions for the limited removal of vegetation and passive use of the easement, that perpetually protects the non-buildable areas must be recorded with the final plat or short plat. 18.48.020 Fences. A. Height Regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if 'the height of the fence is within six percent of the height required. The height of the fence shall be determined from the existing, established grade on the property. 1. The following regulations shall apply in the R-S, I. HI!$, R-l, LHIil, R-2, I. HII2, R-3, I.HII3, R-4, I. HIi4, R-MHP, I. HIIMHP, RO, RO-H, I, I. HI, CN, C-1, I. ttC1, and C-2 districts: a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone, or as modified by ACC 18.48.020(B): Front yard: 42 inches; Side yard: 72 inches; Rear yard: 72 inches; ..... Street side yard: 42 inches. 2. The following regulations shall apply in the R-R, C-3, M-l, M-2, BP, LF, P-1 and LI. IP1 distr~cts: a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone; or as modified by subsection B of this section: Front yard: 72 inches; Side yard: 72 inches; Rear yard: 72 inches; Side street yard: 72 inches. 18.48,030 Height limitations - Exceptions. The following buildings and/or structures are exempt of the height requirements of this title, in no case does this lessen any height restrictions that relate to the municipal airport: A. Cupolas, provided they do not extend more than three feet above the roof line; B. Church spires or steeples, provided they conform to elevations as approved under a conditional use permit; C. Transmission line towers, including telephone line towers and similar types,. o,f other line towers, located within public street rights-of-way, easements, or on pdvate property, and which are constructed in accordance with other regulations as required by the city: D. Residential television antennae, provided they are used in conjunction with the reception of commercial television station signals and are not used for transmission purposes; E. Elevated reservoirs, water tanks or standpipes under the jurisdiction of the city or other water district; F, Athletic field or playground lighting under the jurisdiction of the city or other public agency. This exemption is limited to the P-1 or LHP1, public use zone, only, and its provisions. (Ord. 4664 § 2, 1994; Ord. 4229 § 2, 1987.) (18.48.100) K. Zoning Districts in Which WCF Are Permitted. The following table illustrates which zoning districts 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 outdght pursuant to the provisions of ACC 18.04.91 Type of Permit Required Zoning Permitted Administrative Conditional DistrictOutright Use Permit Use Permit All Zones I-D 1-D(1) 1-D(2) RO-H 1 -A 1 -B 1 -C C-N I -A 1 -B 1 -C C-1, LHCl 1-A 1-B I-C C-2 1-A '1-B 1-C C-3 l-B, 2-A I-C, 2-B, 3-A 3-B M-1 l-B, 2-A 1-C, 2-B, 3-A 3-B M-2 l-B, 2-A 1-C, 2-B, 3-A 3-B P-l, LHP1 l-B, 2-A 1-C, 2-B, 3-A 3-B I, LHI 1-A 1-B 1-C LF 1 -A 1 -B 1 -C ( 1 }Allowance for the WCF to extend to a height of 20 percent of the supporting c,,~ structure. ~ (2)AIIowance for the WCF to extend to a height of 30 percent of the supporing · -- structure. c3 18.50.050 Regulations by zone. A. R-R, R-S, LHII$, R-l, I. HI!I, R-2, LHI!2, R-3 and LHII;~ Districts. Landscaping shall c-~ only be required in conjunction with a conditional use permit. The type and ' =: ....... u-~ amount to be determined at that time the CUP is approved. c:> B. R-4 and LHI!4 District. c:~ 1. Street frontage: five-foot width of Type c.~ 2. Adjacent to R-R, R-S, LHI!$, R-l, I. HIU, R-2 or I. HP,2 zone: five-foot width of Type c_~ III, adjacent parking or driveways will require a five-foot width of Type II; 3. Adjacent to R-3 or LHII,3 zone: five-foot width of Type V, adjacent parking or driveways will require a five-foot width of Type III. C. RO and RO-H Districts, 1. Street frontage: 1 O-foot width of Type III; 2. Adjacent to R-R, R-S, R-I, R-2, or R-3 zone: l O-foot width of Type III, adjacent parking or driveways will require a 1 O-foot width of Type It; 3. Adjacent to R-4, R-MHP: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. D. I, LHI, C-1, LHCl, C-2, C-N, P-l, LHI~I Districts. 1. Street frontage: five-foot width of Type III, no street frontage landscaping is required for the C-2 zone except for parking lots and as may be required by ACC 18.28.050[F); 2. Adjacent to R-R, R-S, LHII$, R-I, LHI!I, R-2, LHll2 R-3 or LHII,t zone: five-foot width of Type II, adjacent parking or driveways will require a five-foot width of Tyl~e I; 3. Adjacent to R-4, LHII4, RO; RO-H RoMHP or LHIINIHP: five-foot width 'of Typ~ II1,; ' ! ..... " adjacent parking or driveways will require a five-foot width of Type II. 18.56.030 Regulation by district. No sign of any type shall be permitted to be constructed, erected, or placed within any zoning distdct unless it is listed as a permitted sign within the zone or listed as an exemption in ACC 18,56.060, A. Permitted signs in R-R, R-S, LHII$, R-1 and LHI!I zones: 1. Real estate: see ACC 18.56.040(C); 2. Home occupation: see ACC 18.60.020 (H); 3. Political: see ACC 18.56.040(8}; 4. Temporary building: one sign per project not to exceed 16 square feet in total area; 5. Permanent development sign: one per entrance not to exceed 50 square feet in area and 10 feet in height; 6. Freestanding: (nonresidential uses only) one sign per street frontage with a maximum sign area calculated at one square foot per each lineal foot of frontage, not to exceed 50 square feet per face and 10 feet in heigl~t; ' ~ !~ '"" 7. Wall: [nonresidential uses only) more than one allowed with a maximum sign area calculated at one square foot per each lineal foot of frontage, not to exceed 50 square feet total for all wall signs. c--~ B. Permitted signs in R-2, LHII2, R-3 and LHR3 zones: ~ 1. Real estate: see ACC 18.56.040(C); ¢:~ 2. Home occupation: see ACC 18.60.020 c:~ 3. Political: see ACC 18.56.040(B); c.~ 4. Temporary building: one sign per project not to exceed 16 square feet in total co area; ca 5, Permanent development sign: one per entrance not to exceed 50 square feet ~ in area and 12 feet in height; c:~ 6. Freestanding (nonresidential uses only): a. Single tenant building: One sign per street frontage with a maximum sign area ~ calculated at one square foot per each lineal foot of frontage, not to exceed 50 ~ square feet per face and 12 feet in height, cN b. Multitenant building and multibuilding complex: one sign per street frontage with amaximum sign area calculated at one square foot per each lineal foot of frontage, not to exceed 75 square feet per face and 12 feet in height; 7. Wall: (nonresidential uses only) a. Single tenant building: 'more than one allowed with a maximum sign area "" ..... " calculated at one square foot per each lineal foot of frontage, not to exceed 50 square feet total for all wall signs, b. Multitenant buildingand multibuilding complex: each leased space may be allowed outside wall signage with a maximum sign area calculated at one square foot per lineal foot of leased frontage not to exceed 50 square feet of total wall signs per each leased space. The owner/manager shall be responsible for the placement of the signs; 8, Any sign may be indirectly illuminated, only. C. Permitted signs in R-4, LHII4, RO, R-MHP, LHIIMHP, P-l, LHP1, I and LHI zones: 1. Real estate: see ACC 18.56.040(C); 2. Home occupation: see ACC 18.60.020 [H); 3. Political: see ACC 18.56.040[B); 4. Directional; 5. TemporaW building: one sign per project not to exceed 32 square feet in total area; 6. Freestanding: a. Single tenant building: one sign per street frontage with a maximum sign area calculated at one square foot per each lineal foot of frontage, not to exce~ed 1 O0 square feet per face and 30 feet in height, t,~ b. Multitenant building and multibuilding complex: one sign per street frontage ~ with a maximum sign area calculated at one square foot per each lineal foot of ¢:~ frontage, not to exceed 125 square feet per face and 30 feet in height; ~ 7. Wal~: c:~ a. Single tenant building: more than one allowed with a maximum sign area ~ calculated at one square foot per each lineal foot of frontage, not to exceed c~ ] 00 square feet total for all wall signs, ~.n b. Multitenant building and multibuilding complex: each leased space may be · ¢:::~ allowed outside wall signage with a maximum sign area calculated at one square foot per lineal foot of leased frontage not to exceed 1 O0 square feet ~ total wall signs per each leased space. The owner/manager shall be responsible ~ for the placement of the signs; ¢N 8. Any sign may be indirectly illuminated, only. D. Permitted signs in RO-H and CN zones: 1. Real estate: see ACC 18.56.040(C); 2. Political: see ACC 18.56,040(B); 3. Directtonal; 4. TemporaW building: one sign per project not to exceed 32 square feet in total area; ........ ~! 5. TemporaW window signs: see ACC '18.56.040lE){2); 6. TemporaW signs, external to a building: see ACC 18.56.040(E)(1 ), this provision does not allow pennants; 7. Portable: see ACC 18.56.040(D); 8. Freestanding: a. Single tenant building: one sign per street frontage with a maximum sign area calculated at one square foot per each lineal foot of frontage, not to exceed 125 square feet per face and 30 feet in height, b. Multitenant building and multibuilding complex: one sign per street frontage with a maximum sign area calculated at one and one-half square feet per each lineal foot of frontage, not to exceed 150 square feet per face and 3O feet in height; 9. Wall: a, Single tenant building: more than one allowed with a maximum sign area calculated at one square foot per each lineal foot of frontage, not to exceed 125 square feet total for oil wall signs, b. Multitenant building and multibuilding complex: each leased space may be allowed outside wall signage with a maximum sign area calculated at one square foot per lineal foot of leased frontage not to exceed 125 square feet of total wall signs per each leased space. The owner/manager shall be respOhsible!i for the placement of the signs;