HomeMy WebLinkAboutITEM IV-Bt'T'~' O~ ~
* HITOi AGENDA BILL APPROVAL FORM
Agenda Subject Date: May 23, 2011
ZOA10-0001, Mosb Brothers Farms Inc. Zonin Text Amendments
Department: Planning and Attachments: Ordinance No. 6363, Budget Impact: NIA
Development SEPA DNS, staff report to Planning Commission
Administrative Recommendation: Planning and Community Development Committee to recommend
to the City Council approval of Ordinance No. 6363.
Background Summary:
Burr Mosby of Mosby Brother Farms Inc. through his agent, Lee Michaelis of R.W. Thorpe and Associates applied for both Comprehensive Plan and Zoning Amendments in June of 2010. Changes
to the policy
statements of the Comprehensive Plan were approved by the City Council in December 2010 by
Ordinance No. 6334.
This staff report and recommendation addresses the follow-on "privately initiated" amendments to the Title
18 -Zoning of the Auburn City Code's to allow for and regulate the establishment and operation of "agricultural enterprises" on properties with a zoning designation of RC, Residential
Conservancy.
The proposed amendments will primarily affect four sections of the current zoning code as follows:
• Chapter 18.04 -Definitions (to provide a definition of the intended use)
• Chapter 18.07 -Residential Zones (to define whether the use is allowed through an administrative or
conditional use permit using the code's matrix format)
• Chapter 18.31- Supplemental Development Standards (to provide additional standards to ensure the
use will be appropriate and compatible in the zoning district)
• Chapter 18.56.030E -Signs (to allow changing message center in the RC zone when part of an
Agricultural Enterprise)
On May 2011 the Planning Commission held a public hearing on the proposed zoning text
amendments. At the close of the public hearing the Planning Commission made a recommendation to the
City Council for adoption of the proposed code amendments with one modification to a wall signage
provision. Since the public hearing, the code amendments have been reviewed by the Planning and Community Development Committee and the Public Works Committee. Both Committees were satisfied
with the code amendments and recommended changes. Lastly, Ordinance 6363 (attached) includes
minor formatting and non-substantive text changes that were made in conjunction with the Legal
De artment. The chan es were made to brin clarit to the code amendments.
Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks ❑ Human Services ®Planning & Dev. ❑ Fire ®Planning
❑ Park Board ®PublicWorks ®Legal ❑ Police
® Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing l I Referred to Until I l
Tabled Until l I
Councilmember: Norman Staff: Stuart Wagner
Meeting Date: May 23, 2011 Item Number:
Page 1 ` rR~
~Ae 1 * ~ 4 ~ I { 5 ~ ¢ ti i it. ~ ~ .i J ~ f. :r4 .R4 .1
ORDINANCE N0.6363
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
TITLE 18 OF THE AUBURN CITY CODE BY
CREATING NEW SECTIONS 18.04.035, 18.04.036,
18.04.827, 18.04.894, 18.04.911 AND 18.31.210,
AND AMENDING SECTIONS 18.07.020 AND
18.56.030 RELATING TO THE ESTABLISHMENT
AND REGULATION OF AGRICULTURAL
ENTERPRISES.
WHEREAS, Burr Mosby of Mosby Brothers Farms, Inc., submitted a
comprehensive plan policy/text amendment application and zoning text
amendment application on June 1, 2010 to provide for agricultural uses and
limited retail uses that support agricultural uses in the RC, Residential
Conservancy Zone; and
WHEREAS, pursuant to Auburn City Code 18.68.020 any resident or
property owner of the city may petition the city to request an amendment to the
text of Title 18, Zoning; and
WHEREAS, changes to policy statements of the Comprehensive Plan
consistent with the application were approved by the City Council in December
2010 by Ordinance No. 6334; and
WHEREAS, following public notice, the City of Auburn Planning
Commission held a public hearing on May 3, 2011, on proposed zoning text
amendments regarding the establishment and operation of Agricultural
Enterprises; and
WHEREAS, after fully considering the testimony and information
presented at the public hearing, on May 3, 2011, the Planning Commission made
Ordinance No. 6363
May 18, 2011
Page 1 of 22
its recommendations for zoning text amendments to the City of Auburn City
Council; and
WHEREAS, the City Council has reviewed and considered the Planning
Department's recommendations; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA},
with a final Determination of Non-Significance (DNS) issued on September 20,
2010; and
WHEREAS, the City Council finds that the proposal was received by State
agencies for the 60-day review period on March 24, 2011, also in accordance
with state law, RCW 36.70A.106.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to City Code. Chapter 18.04 of the Auburn
City Code is amended by adding new Sections 18.04.035, 18.04.036, 18.04.827,
18.04.894, 18.04.911 to read as follows:
18.04.035 Agricultural enterprise
"Agricultural enterprise" means a business enterprise which is engaged in, or related to,
farming or agricultural production and other businesses and services supporting and
promoting agriculture practices and the practice of locally and regionally grown foods.
The term shall include the following: A. "Agritourism" means a business enterprise activity that includes operation of a
working farm or any agricultural, or horticultural operation that, while not an
exclusive function, is open to the public on a seasonal basis for enjoyment,
recreation, personal entertainment, or education.
B. "Agricultural Entertainment" means any event or activity that allows for
recreation, entertainment, education and tourism associated with agriculture
activities.
Ordinance No. 6363
May 18, 2011
Page 2 of 22
18.04.036 Agricultural store
"Agricultural store" means a retail food establishment, housed in a permanent structure,
whose primary economic activity is the sale of local and regional agricultural products
directly to consumers. An Agricultural store may also include the sale of sundries,
prepackaged food, bottled or canned beverages and freshly prepared food and
beverages for consumption on-site.
18.04.827 Special events
"Special events" means incidental use of a facility, which use is otherwise allowed or permitted in the zoning district, as a venue for hire for social gatherings. Special events
do not include marketing or promotional events that are part of the normal operation of
an agricultural enterprise or winery and directly related to products sourced from that
operation.
18.04.894 Tasting room
"Tasting room" means an additional location separate from, or on the same site as, the
productionlmanufacturing site, that allows customers to taste samples of wine, beer, or
other alcoholic beverage and has a State of Washington issued liquor license to operate
a tasting room. In addition to sampling of alcoholic beverages, a tasting room may
include retail sales for off-premise consumption.
18.04.911 Winery
"Winery" means a facility licensed as a domestic winery under RCW 66.04.010 where
fruit or other ingredients are processed (i.e. crushed, fermented, blended, aged. andlor,
stored, bottled) and may include as incidental andlor accessory to the principles use, a
tasting room, food and beverage service, places of publiclprivate assembly andlor retail
sales area.
Section 2. Amendment to City Code. Chapter 18.31 of the Auburn City Code
is amended by adding new Section 18.31.210 to read as follows:
18.31.210 Agricultural Enterprises Development Standards
A. Purpose
The purpose of this Section is to regulate the establishment and operation of
Agricultural Enterprises in order to maintain and preserve the lower density residential
character, integrity, environmental protection, and property values of the Residential
Conservancy (RC) zone in which they are located and the surrounding areas.
B. Applicability
The permit requirements and standards provided in this section apply to Agricultural Enterprises where allowed in compliance with Chapter 18.07, Residential
Zones and meeting the definition of Agricultural Enterprises as provided in ACC
18.04.035. The development standards of the RC zone shall apply unless a different
standard is set forth in the supplemental development standards in subsection
18.31.210(D).
C. Permit Required
An Administrative Use Permit is required 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. A Conditional Use Permit is required
Ordinance No. 6363
May 18, 2011
Page 3 of 22
when less than 50 percent of the total site area is dedicated to active agricultural
production during the growing season, or if the applicant intends to hold more than 52
Special Events per calendar year.
D. Uses
The following uses may be permitted as part of an Agricultural Enterprise under a
unified management or ownership.
1. Agricultural Crops and open field growing;
2. Agricultural Store;
3. Barns, Silos and related structures; 4. Caretaker quarters, not more than one per Agricultural Enterprise;
5. Catering Facilities;
6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25
seats;
Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free
standing;
8. Education facilities providing courses related to agricultural production and/or
processing or promotion of locally and regionally grown food;
9. Farm stands, for the sale of agricultural products raised on the premises in
addition to agricultural products that are raised off site;
10. Greenhouses; 11. Keeping of livestock, or fowl and rabbits or similar sized animals; provided
that an appropriate structure or enclosure is provided.
12. Museum and cultural facilities;
13.Outdoor Musical Entertainment (when it meets all requirements for the
business licensing of ACC 5.20.200);
14. Small Scale Food Processing or packaging of agricultural products;
15. Special Events -Special events include, but are not limited to, the following
activities where attendance exceeds 200 persons or more:
a} Weddings
b} Meetings c) Receptions
d} Reunions
e} Tasting events for food or beverage
f) Private Parties
g} Concerts held within an enclosed building
h} Retreats
i) Other comparable events
16. Tasting room;
17. Tourist and Visitor Services;
18. Winery; and 19. The Planning Director may authorize uses under this definition other than
those which are listed, if the Planning Director determines the use is
consistent with the intent of the zone and is of the same general character of
the uses permitted within the zone. Further guidance on administrative
interpretations of land uses can be found in ACC 18.02.120.
E. Development Standards
1. Minimum Area. The minimum area devoted to an Agricultural Enterprise
business shall be a single parcel with a minimum of 10 acres in total site area
within the Residential Conservancy (RC) zone. Environmentally Critical
Ordinance No. 6363
May 18, 2011
Page 4 of 22
Areas are not counted toward total site area when determining whether an
Administrative or Conditional Use Permit is required.
2. Location. The proposed Agricultural Enterprise business shall have direct
access onto a Minor Arterial or higher classification street.
3. Maximum Building Size. Non-residential buildings, excluding greenhouses
shall not exceed 5,000 square feet in gross floor area.
4. Lot Coverage. The combination of all buildings, to include greenhouses, on a
single site used in conjunction with the Agricultural Enterprise business shall
not exceed 15 percent of the total site area. 5. Maximum Impervious Area. The maximum impervious area shall not exceed
25 percent.
6. Setbacks. Structures for Agricultural Enterprises shall be located as follows:
a. Front setback: 35 feet
b. Rear Setback: 20 feet
c. Interior Side Setback: 20 feet
d. Street Side Setback: 35 feet
Height. Maximum building height: 35 feet. Buildings may exceed 35 feet if
one additional foot of setback is provided from each property line for each
foot the building exceeds 35 feet.
8. Visual Impact. Activities and uses conducted in conjunction with the Agricultural Enterprise must be located in such a manner that minimizes
visual impacts to adjoining properties that are used or zoned for residential
uses. In addition,
a. A Type III landscape Buffer ten feet in width shall be provided on-site
in those areas between the buildings and the property line.
b. Highly reflective building materials shall not be used on buildings.
9. Responsible Party. All components of the agricultural enterprise shall be
operated or maintained by the property owner, lease holder, or occupant of
the land upon which the primary associated agriculture, horticulture, or other
use is being conducted. 10. Hours of operation. Agricultural enterprise activities involving the
employment of workers; outside activities; the generation of any noise, light,
dust, odor, glare, or vibration detectable outside the business structure; or
traffic, including deliveries, shall only be conducted onsite between the hours
of 7 a.m. and 10 p.m. or as may be specifically approved by a condition of
approval of the Administrative or Conditional Use Permit.
11. Parking and outdoor storage. All parking and outdoor storage areas used
exclusively for retail areas within 50 feet from a property line shall be
screened from adjoining properties used or zoned for residential uses. If
existing topography and natural vegetation does not provide an adequate visual barrier, additional screening may be required, to include installation of
landscape materials, walls orfencing.
12. Lighting. No lighting shall be directed onto adjoining properties used or
zoned for residential uses and no lighting shall exceed 0.5 foot candle when
measured at the property lines. Floodlights or other high-intensity lighting
shall be prohibited, unless specifically approved as part of a special event or
outdoor musical entertainment.
13. Refuse and Recycling. All refuse and recycling waste containers shall be
within refuse enclosures located in the rear of the building and be completely
Ordinance No. 6363
May 18, 2011
Page 5 of 22
screened from public view. All refuse enclosures shall be architecturally
compatible with the building it serves.
14. Special Events. Special Events or similar activities may be held, as follows.
a. Up to 52 special events within a calendar year with the Administrative
Use Permit.
b. 52 or more special events within a calendar year shall require a
Conditional Use Permit.
c. Parking and Traffic Control - A parking and traffic control plan shall be
prepared by a licensed traffic engineer and required for all Agricultural Enterprises conducting Special Events (as defined by ACC
18.04.827). The parking and traffic control plan shall be submitted for
review as part of the Administrative Use Permit or Conditional Use
Permit application and if satisfactory, must be approved by the
Planning and Development Director and City Engineer prior to
implementation. At a minimum, the parking and traffic control plan
shall contain the following:
i. A parking plan showing how adequate on- and off-site parking will
be available to the site, and that no substantial conflict will exist
during the principal hours or periods of peak parking demands for
any land use or special event which is proposed to share the parking.
ii. A traffic control plan showing how traffic to and from the land use
and special events locations} will be handled and what temporary
traffic control measures will be used to facilitate safe access to
and from the locations. The traffic control plan must include a
written description of the plan as well as a traffic control diagram
showing traffic control devices, directions of travel, and the
location and type of authorized personnel to direct traffic.
iii. A Contingency Plan for weather changes (relocation or
rescheduling of events; alternative parking areas; method of notifying the public of changes) and for unanticipated increases in
traffic or parking.
iv. Other elements as determined necessary by the Planning and
Development Director and the City Engineer based on the specific
events, setting, and location.
15. Wineries. All wineries with or without tasting rooms shall:
a. Have adequate driveway access to a public street meeting the
requirements of a commercial driveway.
b. Provide adequate on-site parking in the amount of 1 parking stall for
every 500 square feet of gross floor area. .
c. Shall not exceed 5,000 square feet gross floor area with the tasting room not exceeding 50 percent of the production area.
16. Signs. Notwithstanding the provisions of ACC 18.56.040(A}, the following
standards apply to signs for Agricultural Enterprise uses within the RC,
Residential Conservancy Zone. If not specified in this Section, the other
provisions of ACC 18.56, Signs, apply.
a. Freestanding Signs.
i. Total number permitted:
Ordinance No. 6363
May 18, 2011
Page 6 of 22
1. Two per frontage on a parcel having at least 500 feet of
frontage on a State Highway.
2. One per frontage on a Principal or MinorArterial.
ii. Maximum height:
1. 30 feet on a State Highway.
2. 22 feet on a Principal or MinorArterial
iii. Maximum area:
1. 200 square feet, calculated at a rate of one square foot
of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is 32
square feet for those sites less than 64 feet of frontage.
iv. Multiple freestanding signs, if permitted, must be separated by
150 feet measured in a straight line distance.
b. Wall Signs.
i. Total number permitted: one sign per building frontage that
fronts a public right of way.
ii. Maximum area: 100 square feet per building frontage that
fronts a public right of way, calculated at a rate of one square
foot of sign area for every one linear foot of building frontage.
iii. Signs may be directly orindirectly illuminated. c. Changing message center signs are allowed as part of an Agricultural
Enterprise if the sign complies with the sign regulations in ACC
18.56.030(F).
17. Additional permits and approvals. In addition to required land use permits, an
Agricultural Enterprise may be required to obtain licenses and permits from
other City and County Departments (e.g., business licenses from the City,
food service or sales licenses from the County Department of Public Health,
animal care licenses from the County Department of Public Health, etc.}.
Section 3. Amendment to City Code. Section 18.07.020 of the Auburn
City Code is amended to read as follows:
18.07.020 Uses.
Table 18.07.020 Permitted Use Table -Residential Zonin Desi nations
P = Permitted A = Administrative C =Conditional Use X =Not Permitted
Land Uses Zoning Designations
R- R- R- R- R- R- R-
C 1 5 7 10 16 20
A. Residential Uses.
Accessory dwelling units P P P P X~ X' X~
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Ordinance No. 6363
May 18, 2011
Page 7 of 22
P = Permitted A = Administrative C =Conditional Use X =Not Permitted
Land Uses Zoning Designations
R- R- R- R- R- R- R-
C 1 5 7 10 16 20
Bed and breakfast P P P P P P P
Boardinghouses (with three or more boarders) X X X X C C C
Duplexes; provided, that minimum lot size of zoning designation is met
and subject to compliance with Chapter 18.25 ACC (Infill Residential X X A P P P X
Development Standards)
Foster care homes P P P P P P P
Group residence facilities 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 household pets Pz P3 P3 P3 P3 P3 P3
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and facilities owned and managed by A' A' A' A' A' P P
the neighborhood homeowners' association
Renting of rooms, for lodging purposes only, to accommodate not more P P P P P P P
than two persons in addition to the immediate family
Residential care facilities including but not limited to assisted living
P P X X A P P facilities, convalescent homes, continuing care retirement facilities
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
P P P P P P P accessory to residential or park uses
Townhouses (attached) X X X X P P P
B. Commercial Uses.
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 X X X X A A A
home occupation incompliance with Chapter 18.60 ACC
Daycare, limited to a mini daycare center. Daycare center, preschool or X A A A A A A
Ordinance No. 6363
May 18, 2011
Page 8 of 22
P = Permitted A = Administrative C =Conditional Use X =Not Permitted
Land Uses Zoning Designations
R- R- R- R- R- R- R-
C 1 5 7 10 16 20
nursery school may also be permitted but must be located on an arterial
Home-based daycare as regulated by RCW 35.63.185 and through receipt
P P P P P P P
of approved city business license
Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P
Mixed-use development4 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 X A A A A P P
homeowners' association-owned recreational area
Professional offices, included as part of mixed-use development and not a
X X X X A A A home occupation incompliance with Chapter 18.60 ACC
C. Resource Uses.
Agricultural Enterprise: $
When 50 percent, or more, of the total site area is dedicated to active
agricultural production during the growinq season, and with 52 or less Ag X X X X X X
special events per calendar year.
When less than 50 percent of the total site area is dedicated to active
agricultural production during the growinq season, or with more than 52 Cg X X X X X X
special events per calendar year.
Agricultural type uses are permitted provided they are incidental and
secondary to the single-family use:
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
Keeping of livestock (excluding goats and swine), fowl and rabbits;
provided, that there shall not be more than one horse, cow, donkey or P P X X X X X
other large animal, or four small animals such as sheep, or 12 poultry,
Ordinance No. 6363
May 18, 2011
Page 9 of 22
P = Permitted A = Administrative C =Conditional Use X =Not Permitted
Land Uses Zoning Designations
R- R- R- R- R- R- R-
C 1 5 7 10 16 20
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 zones
Pasturing and grazing P X X X X X X
Public and private stables 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 P X X X X X X
meet the applicable setback requirements
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
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
Utility facilities and substations C6 C6 C6 C6 C6 C6 C6
1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to
ACC 18.31.120.
2. No more than six pets allowed in the RC zone. This limit shall not include birds, fish or suckling
young of pets. 3. No more than four pets allowed in the R1 - R20 zones. This limit shall not include birds, fish or
suckling young of pets.
4. 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.
Ordinance No. 6363
May 18, 2011
Page 10 of 22
5. 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 King County board of health code.
6. Excludes all public and private utility facilities addressed under ACC 18.02.040(E). Administrative use permit not required when approved as part of a subdivision or binding site
plan
8. Agricultural Enterprise uses are subject to supplemental development standards under ACC
18.31.210 Agricultural Enterprises Development Standards.
(Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
Section 4. Amendment to City Code. That, from the effective
date of this Ordinance, through March 15, 2012, Section 18.56.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.56.030 General provisions, all districts.
A. Community Signs. The planning, building and community director may approve
and permit to be erected entrance signs, at or near the city limits, on city public right-of-
way or on privately owned parcels with the owner's permission, on which may be listed
institutional names, service clubs or organizations or points of interest or similar public
information. Right-of-way use permits may be required for signs located in the public
rig ht-of-way, except as permitted by ACC 18.56.030. B.1, ACC 18.56.030. B.2, ACC 18.56.030.1 or ACC 18.56.030.J.
B. Temporary Signs.
1. Until March 16, 2012, special event signage may be allowed , in the R0, RO-H,
CN, C-1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP and the non-residential used properties
in the Terrace View District and the PUD-Lakeland Hills South subject to obtainment of
temporary sign permit authorization from the City and compliance with the following as
applicable:
a. The area of any single sign shall not exceed 30 square feet;
b. Special event signs as authorized herein shall not have the following:
i. Illumination of any kind
ii. Strobing or blinking or flashing lights iii. Electrical animation
iv. Changeable reader copy, electronic or manual
c. Special event signage shall not exceed the maximum height limitations of the
underlying zoning district.
d. Special event signs may have spinning elements attached to them including but
not limited to flags or pennants or balloons or windsocks attached to them provided that
they do not at any time constitute a traffic safety or pedestrian safety hazard.
e. Balloons and windsock special event signage shall not be authorized to be
placed in the public rights-of-way or on-site landscape area or off-site on another private
parcel of land that does not contain the business or service being advertised, f. Flag and pennant special event signage may be authorized to be placed in the
public rights-of-way, provided that placement in the public rights-of-way does not
constitute a traffic safety or pedestrian safety hazard and does not create non-
conformance to the American with Disabilities Act,
g. Flag and pennant special event signage may be authorized to be placed in on-
sitelandscape area and off-site on another private parcel of land that does not contain
Ordinance No. 6363
May 18, 2011
Page 11 of 22
the business or service being advertised, provided that placement in on-site landscape
areas does not impede sight distance and that off-site placement on another property
has received prior property owner authorization.
2. Until September 16, 2010 banners may be allowed in the R0, RO-H, CN, C-1, C-
2, C-3, DUC, BP, LF, M-1, M-2, EP and the non-residential used properties in the
Terrace View District and the PUD-Lakeland Hills South, subject to obtainment of
temporary sign permit authorization from the City and compliance with the following:
a. The area of any single banner used by a single business on a site shall not
exceed 32 square feet, provided that banners crossing roadways as approved by the City shall not exceed 120 square feet.;
c. For multi-tenant buildings andlorrnulti-business complexes, each business
shall be authorized to have a banner provided that the size of each banner shall be
limited to maximum of 32 square feet, provided that banners crossing roadways as
approved by the City shall not exceed 120 square feet.
d. Banners as authorized herein shall not have the following:
i. Illumination of any kind
ii. Strobing or blinking or flashing lights
iii. Electrical animation
iv. Changeable reader copy, electronic or manual
e. Banner signage shall not exceed the maximum height limitations of the underlying zoning district.
f. Banners may have spinning elements attached to them including but not limited
to flags or pennants or balloons orwindsocks attached to them provided that they do not
at any time constitute a traffic safety or pedestrian safety hazard.
g. Banners may be authorized to be placed in the public rights-of-way, provided that
placement in the public rights-of-way does not constitute a traffic safety or pedestrian
safety hazard or does not create non-conformance to the American with Disabilities Act.
h. Banners may be authorized to be placed in on-site landscape area and off-site
on another private parcel of land that does not contain the business or service being
advertised, provided that placement in on-site landscape areas does not impede sight distance and that off-site placement on another property has received prior property
owner authorization.
C. Civic Events. Street banners may be permitted subject to approval and
installation in accordance with rules and procedures established by the city of Auburn
public works department.
D. Sign Lighting Provisions.
1. All lighting shall be arranged to reflect away from any residential zone. No person
shall construct, establish, create or maintain any stationary exterior lighting or
illumination system or any interior system which is intended to be viewed from a street,
highway or other public thoroughfare used for vehicular traffic which system contains or
utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts,
b. Any exposed incandescent lamp with a metallic reflector,
c. Any exposed incandescent lamp with an external reflector,
d. Any revolving beacon light,
e. Any continuous or sequential flashing operation, except as allowed for changing
message center signs in subsection F of this section;
2. The provisions of subsection (D)(1 } of this section shall not apply to:
Ordinance No. 6363
May 18, 2011
Page 12 of 22
a. Lighting systems owned or controlled by any public agency forthe purpose of
directing or controlling navigation, traffic, or highway or street illumination,
b. Aircraft warning lights.
E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire.
1. Each sign shall be adequately constructed in accordance with the requirements
of the International Building Codes, as amended;
2. Signs containing electrical circuitry shall meet the requirements of the National
Electrical Code and all state laws, and shall include an approved testing lab sticker;
3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the City of Auburn Engineering Design Standards;
4. When a projecting sign is used, no angle irons, guy wires or braces shall be
visible, except those that are an integral part of the overall design, such as decorative
metals or woods, or unless they are required for safety.
F. Changing Message Center Signs. Where permitted under this chapter, changing
message center signs shall comply with the following requirements; provided, that
changing message center signs that only display time and temperature or similar public
service information shall be exempt from these requirements.
1. Where Allowed. Changing message center signs shall only be allowed in the I, P-
1, C-1, C-2, DUC, C-3, M-1 and M-2 zones. When part of an Agricultural Enterprise, as
defined by ACC 18.04.035, changing message center signs are allowed in the RC zone. a. In the I and C-1 zones, changing message center signs shall only be allowed on
frontages along a collector, minor or principal arterial street.
b. In the I zone, no changing message center sign shall operate between the hours
of 10:00 p.m. and 6:00 a.m.
c. In the DUC zone, changing message center signs shall only be allowed when
located adjacent and oriented to Auburn Way NorthlAuburn Way South street frontages.
(For other sign standards for the DUC zone, see ACC 18.29.060(1)).
2. Number. No more than one changing message center sign per street frontage
shall be permitted on each property.
3. Sign Face Area. Except in the I and P-1 zones, the changing message center shall not constitute more than 75 percent of a sign's total sign face area.
4. Display.
a. The display of the sign shall not change more rapidly than once every one and
one-half seconds.
b. No scrolling message shall require more than five seconds to be displayed in its
entirety.
5. Light Levels.
a. Changing message center signs shall have installed ambient light monitors and
shall at all times allow such monitors to automatically adjust the brightness level of the
sign based on ambient light conditions.
b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer's recommended levels.
c. All lighting shall be arranged to reflect away from any residential zone. The
director shall have the authority to require a sign permit application include information to
ensure the intent of this requirement is met.
d. The brightness level shall not exceed 8,000 nits when measured from the sign's
face at its maximum brightness during daylight hours and 500 nits when measured from
the sign's face at its maximum brightness between dusk and dawn.
Ordinance No. 6363
May 18, 2011
Page 13 of 22
6. On-Premises Advertising Only. Changing message center signs shall only
advertise on-premises products and services, or display public service messages or
messages on behalf of not-for-profit organizations.
Additional Requirements. A copy of the manufacturer's operating manual shall be
provided to the city upon request.
8. Amortization. All changing message center signs that do not comply with the
requirements of subsections (F)(4) and (5) of this section shall be brought into
compliance with those requirements by April 1, 2009.
G. Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was
issued without being required to pay any additional fees.
H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not
the intent of this chapterto regulate the following signs:
1. The flag of a government or noncommercial institutions such as schools, with the
poles treated as structures;
2. Official public notices, official court notices;
3. Incidental signs (see ACC 18.56.020(0}, Definitions);
4. Signs not visible from public right-of-way;
5. Lettering or symbols painted directly onto orflush-mounted magnetically onto an
operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless
structural or electrical changes are made;
Religious symbols not attached to a permitted sign;
8. Memorial signs ortablets, names of buildings, dates of erection and the like,
which are incorporated into the building material and facade;
9. Signs required by law, traffic or pedestrian control signs, signs indicating scenic
or historic points of interest, which are erected by or on the order of a public officer in the
performance of his or her public duty;
10. Sculptures, fountains, mosaics, and design features which do not incorporate
advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech.
I. Until September 16, 2010, portable signs shall be allowed in the R0, RO-H, CN,
C-1, C-3, BP, LF, M-1, M-2, EP and the non-residential used properties in the Terrace
View District and the PUD-Lakeland Hills South subject to obtainment of temporary sign
permit authorization from the City and compliance with the following as applicable:
1. For single-tenant buildings and/or sites, one portable sign shall be allowed per
building or property frontage, as applicable.
2. Each business in amulti-tenant building and/ormulti-building complex shall be
limited to a maximum of one (1 }portable sign.
3. For multi-tenant buildings andlormulti-building complexes that propose to place
one or more portable signs within the on-site landscaped area at the intersection of two public or private streets or at a driveway intersection with a public or private street,
compliance to the City's minimum sight distance requirements shall be maintained at all
times.
4. For multi-tenant buildings andlormulti-building complexes that propose to place
one or more portable signs along the property street frontage of a public or private
street, the total number of allowable portable signs along said frontage shall be limited
as follows to reduce the visual and aesthetic impact to the City:
Ordinance No. 6363
May 18, 2011
Page 14 of 22
a. 0-25 lineal feet of public or private street frontage =1 portable sign every 3 lineal
feet of street frontage up to a maximum of three (3) signs at any given time.
b. 26-50 lineal feet of public or private street frontage =1 portable sign every 3
lineal feet of street frontage up to a maximum of four (4) signs at any given time.
c. 51-75 lineal feet of public or private street frontage =1 portable sign every 3
lineal feet of street frontage up to maximum of five (5) signs at any given time.
d. 76-100 lineal feet of public or private street frontage =1 portable sign every 3
lineal feet of street frontage up to a maximum of six (6} signs at any given time.
e. 100-125 lineal feet of public or private street frontage =1 portable sign every 3 lineal feet of street frontage up to a maximum of seven signs at any given time.
f. 126-150 lineal feet of public or private street frontage =1 portable sign every 3
lineal feet of street frontage up to a maximum of eight (8) signs at any given time.
g. 151-175 lineal feet of public or private street frontage =1 portable sign every 3
lineal feet of street frontage up to a maximum of nine (9) signs at any given time.
h. 176 lineal feet and greater of public or private street frontage =1 portable sign
every 3 lineal feet of street frontage up to a maximum of ten (10) signs at any given time.
i. The Planning Director shall have the discretionary authority to authorize
additional portable signs along a public or private street frontage when in his or her
determination such allowance will not substantively impact the visual andlor aesthetic
impact to the City and such allowance is warranted by physical site conditions or economic or business considerations or other factors as deemed reasonable by the
Planning Director.
5. Portable signs shall not be located in one or more existing parking spaces on a
development site.
6. Portable signs as authorized herein shall not have the following:
a. Illumination of any kind
b. Strobing or blinking or flashing lights
c. Electrical animation
d. Changeable reader copy, electronic or manual
Portable signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any
time constitute a traffic safety or pedestrian safety hazard.
8. Portable signs advertising a business or service not located on the same site
shall be allowed to be located off-site from the business or service being advertised
provided that prior property owner authorization has been obtained by said business
operator or service provider.
9. Each portable sign shall have a maximum total sign size of 36 inches in height
and 30 inches in width and be limited to two faces.
10. Portable signs shall be allowed in the public right-of-way provided that any and
all signs are not placed within vehicle travel lanes or improvedlunimproved vehicle
shoulder areas or bicycle lanes, are not placed in front of or block access to marked bus transit stops, do not interfere with or impede pedestrian traffic or crossings and do not
create non-conformance to the American with Disabilities Act.
J. Until September 16, 2010, off-premises directional signs shall be allowed in the
R0, RO-H, CN, C-1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP, and the non-residential used
properties in the Terrace View District and the PUD-Lakeland Hills South subject to
obtainment of temporary sign permit authorization from the City and compliance with the
following as applicable:
1. Off-premise directional signs as authorized herein shall not have the following:
Ordinance No. 6363
May 18, 2011
Page 15 of 22
a. Illumination of any kind
b. Strobing or blinking or flashing lights
c. Electrical animation
d. Changeable reader copy, electronic or manual
2. Off-premise directional signs may have spinning elements including but not
limited to flags or pennants or balloons or windsocks attached to them provided that they
do not at any time constitute a traffic safety or pedestrian safety hazard.
3. Off-premises directional signs may be authorized to be placed in the public
rights-of-way provided that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does not create non-conformance to the
American with Disabilities Act.
4. Off-premises directional signs may be authorized to be placed in on-site
landscape area, or off-site on another private parcel of land that does not contain the
business or service being advertised, provided that placement in on-site landscape
areas does not impede sight distance and that off-site placement on another property
has received prior property owner authorization.
5. Off-premises directional signs shall not be located in one or more existing
parking spaces on a development site.
6. Off-premises directional signs shall have a maximum sign face area of 12 inches
by 24 inches and a total height of 42 inches inclusive of any wood, metal, plastic or other support and a maximum of two (2) sign faces.
K. Prohibited Signs. From and after the effective date of the ordinance codified in
this chapter it shall be unlawful for any person to erect or place within the city, except as
otherwise authorized:
1. A swinging projecting sign;
2. Portable signs, except as permitted by ACC 18.56.025 (Real estate signs}, ACC
18.56.040(E) (C-2 District) and ACC 18.56.030.1, subsections 1 through 10;
3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights,
strings of lights, or similar devices, except as permitted by subsection B of this section
(Temporary Signs); 4. Flashing signs, except as permitted in subsection D of this section (Sign Lighting
Provisions);
5. Changing message center signs, except as allowed in the I, P-1, C-1, C-2, C-3,
M-1 and M-2 zones;
6. Signs attached to, or placed on, a vehicle ortrailer parked on private or public
property that is not associated with the business advertised on said sign(s). This
provision is not to be construed as prohibiting the identification of a firm or its principal
products on a vehicle used in the normal course of business. This does not include
automobile for sale signs or signs attached to franchised buses or taxis;
Private signs placed in or on a public right-of-way, except for as expressly
permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason
of its size, location, movement, coloring, or method of illumination, or by obstructing the
vision of drivers, or detracting from the visibility of any official traffic control device by
diverting or tending to divert the attention of drivers of moving vehicles from traffic
movement on streets, roads, intersections, or access facilities. No sign shall be erected
so that it obstructs the vision of pedestrians by glare or method of illumination or
constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in
such a manner as to interfere with, mislead, or confuse traffic;
Ordinance No. 6363
May 18, 2011
Page 16 of 22
9. Any sign or advertising structure or supporting structure that is torn, damaged,
defaced or destroyed;
10. Signs attached to poles installed by governmental agencies, utility poles, trees,
rocks or other natural features;
11. Signs attached to benches, garbage cans, or other street furniture located within
the public right-of-way;
12. Rotating signs;
13. Billboards;
14. Any sign which does not structurally or materially conform to the requirements of the city's adopted International Building Code.
L. Nonconforming Signs. Permanent signs established legally priorto the adoption
of the ordinance codified in this chapter that do not conform to the regulations of this
chapter with regard to number, size, height or location shall be allowed to remain as
legal nonconforming signs except as follows:
1. Whenever a new building replaces the principal building.
2. When there is an expansion of an existing building, the requirements of this
section shall apply only if there is an increase in floor area of 25 percent or more
(including the cumulative increase of previous expansions after the effective date of the
ordinance amending this section).
3. Whenever a nonconforming use is replaced by a conforming use, the requirements of this section shall apply in full to the new use if and only if there is a
change in required signage due to the zoning district.
4. Any sign, including the sign structure, now or hereafter existing which no longer
advertises a bona fide business conducted or a product sold. Such sign(s) shall betaken
down and removed by the owner, agent or person having the beneficial use of the land,
building or structure upon which such sign may be found within 90 days after written
notification from the building official.
M. Master Sign Plans Authorized. The planning, building and community director
has the authority to require a master sign plan to ensure a consistent and coordinated
signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes
that allow for signs greater in area and height than allowed in the particularzone in
which the development is located when a coordinated signage scheme is used. Master
signage plans shall be recorded.
N. Maintenance and Safety. All permanent, temporary and portable signs and
components thereof must be maintained in good repair and in a safe, neat, clean and
attractive condition. Failure to maintain a sign(s) in accordance with this subsection shall
be subject to the code compliance provisions of the Auburn City Code.
(Ord. 6263 § 5, 2009, Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000;
Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
Section 5. Amendment to City Code. That, effective March 16,
2012, Section 18.56.030 of the Auburn City Code be and the same hereby is
amended to read as follows:
18.56.030 General provisions, all districts.
Ordinance No. 6363
May 18, 2011
Page 17 of 22
A. Community Signs. The planning, building and community director may approve
and permit to be erected entrance signs, at or near the city limits, on city public right-
of-way or on privately owned parcels with the owner's permission, on which may be
listed institutional names, service clubs or organizations or points of interest or similar
public information. Right-of-way use permits may be required for signs located in the
public right-of-way.
B. Temporary Signs.
1. Special event signage may be allowed subject to the following:
a. Use of such signage is limited to 10 days per display, not to exceed 10 days in any 90 day period;
b. The area of any single sign shall not exceed 30 square feet;
2. Banners may be allowed subject to the following:
a. No more than two such signs may be used per site at any given time;
b. Use of such signs is limited to 90 consecutive days, and may not exceed 90
days in any 120-day period;
c. The area of any single banner used by a single business on a site shall not
exceed 32 square feet;
3. Signs which are placed upon or within a window and which are intended to be
viewed from the right-of-way shall not exceed 50 percent of the window area;
4. Permits are not required, except that signs exceeding the allowable size and time duration must receive a permit issued by the planning, building and community
director if special circumstances exist that warrant the additional signage.
C. Civic Events. Street banners may be permitted subject to approval and
installation in accordance with rules and procedures established by the city of Auburn
public works department.
D. Sign Lighting Provisions.
1. All lighting shall be arranged to reflect away from any residential zone. No
person shall construct, establish, create or maintain any stationary exterior lighting or
illumination system or any interior system which is intended to be viewed from a street,
highway or other public thoroughfare used for vehicular traffic which system contains or utilizes:
a. Any exposed incandescent lamp with wattage in excess of 25 watts,
b. Any exposed incandescent lamp with a metallic reflector,
c. Any exposed incandescent lamp with an external reflector,
d. Any revolving beacon light,
e. Any continuous or sequential flashing operation, except as allowed for
changing message center signs in subsection F of this section;
2. The provisions of subsection (D)(1} of this section shall not apply to:
a. Lighting systems owned or controlled by any public agency for the purpose of
directing or controlling navigation, traffic, or highway or street illumination,
b. Aircraft warning lights. E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire.
1. Each sign shall be adequately constructed in accordance with the requirements
of the International Building Codes, as amended;
2. Signs containing electrical circuitry shall meet the requirements of the National
Electrical Code and all state laws, and shall include an approved testing lab sticker;
3. Signs must meet vehicular sight distance requirements established by the city
engineer pursuant to the City of Auburn Engineering Design Standards;
Ordinance No. 6363
May 18, 2011
Page 18 of 22
4. When a projecting sign is used, no angle irons, guy wires or braces shall be
visible, except those that are an integral part of the overall design, such as decorative
metals orwoods, or unless they are required for safety.
F. Changing Message Center Signs. Where permitted under this chapter,
changing message center signs shall comply with the following requirements;
provided, that changing message center signs that only display time and temperature
or similar public service information shall be exempt from these requirements.
1. Where Allowed. Changing message center signs shall only be allowed in the I,
P-1, C-1, C-2, DUC, C-3, M-1 and M-2 zones. When part of an Agricultural Enterprise, as defined by ACC 18.04.035, changing message center signs are allowed in the RC
zone.
a. In the I and C-1 zones, changing message center signs shall only be allowed
on frontages along a collector, minor or principal arterial street.
b. In the I zone, no changing message center sign shall operate between the
hours of 10:00 p.m. and 6:00 a.m.
c. In the DUC zone, changing message center signs shall only be allowed when
located adjacent and oriented to Auburn Way North/Auburn Way South street
frontages. (For other sign standards forthe DUC zone, see ACC 18.29.060(1}).
2. Number. No more than one changing message center sign per street frontage
shall be permitted on each property. 3. Sign Face Area. Except in the I and P-1 zones, the changing message center
shall not constitute more than 75 percent of a sign's total sign face area.
4. Display.
a. The display of the sign shall not change more rapidly than once every one and
one-half seconds.
b. No scrolling message shall require more than five seconds to be displayed in its
entirety.
5. Light Levels.
a. Changing message center signs shall have installed ambient light monitors and
shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions.
b. At no time shall a changing message center sign be operated at a brightness
level greater than the manufacturer's recommended levels.
c. All lighting shall be arranged to reflect away from any residential zone. The
director shall have the authority to require a sign permit application include information
to ensure the intent of this requirement is met.
d. The brightness level shall not exceed 8,000 nits when measured from the sign's
face at its maximum brightness during daylight hours and 500 nits when measured
from the sign's face at its maximum brightness between dusk and dawn.
6. On-Premises Advertising Only. Changing message center signs shall only
advertise on-premises products and services, or display public service messages or messages on behalf of not-for-profit organizations.
Additional Requirements. A copy of the manufacturer's operating manual shall
be provided to the city upon request.
8. Amortization. All changing message center signs that do not comply with the
requirements of subsections (F}(4) and (5) of this section shall be brought into
compliance with those requirements by April 1, 2009.
Ordinance No. 6363
May 18, 2011
Page 19 of 22
G. Change of Copy. The holder of a permit, forthe duration thereof, shall have the
right to change the advertising copy on the structure or sign for which the permit was
issued without being required to pay any additional fees.
H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not
the intent of this chapter to regulate the following signs:
1. The flag of a government or noncommercial institutions such as schools, with
the poles treated as structures;
2. Official public notices, official court notices;
3. Incidental signs (see ACC 18.56.020(0}, Definitions); 4. Signs not visible from public right-of-way;
5. Lettering or symbols painted directly onto orflush-mounted magnetically onto
an operable vehicle;
6. Painting, repainting, cleaning, repairing, and other normal maintenance unless
structural or electrical changes are made;
Religious symbols not attached to a permitted sign;
8. Memorial signs or tablets, names of buildings, dates of erection and the like,
which are incorporated into the building material and facade;
9. Signs required by law, traffic or pedestrian control signs, signs indicating scenic
or historic points of interest, which are erected by or on the order of a public officer in
the performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate
advertising or identification;
11. Temporary signs limited exclusively to noncommercial speech.
I. Prohibited Signs. From and after the effective date of the ordinance codified in
this chapter it shall be unlawful for any person to erect or place within the city, except
as otherwise authorized:
1. A swinging projecting sign;
2. Portable signs, except as permitted by ACC 18.56.025 (Real estate signs) and
ACC 18.56.040(E) (C-2 District);
3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of this section
(Temporary Signs);
4. Flashing signs, except as permitted in subsection D of this section (Sign
Lighting Provisions};
5. Changing message center signs, except as allowed in the I, P-1, C-1, C-2, C-3,
M-1 and M-2 zones;
6. Signs attached to, or placed on, a vehicle or trailer parked on private or public
property that is not associated with the business advertised on said sign(s). This
provision is not to be construed as prohibiting the identification of a firm or its principal
products on a vehicle used in the normal course of business. This does not include
automobile for sale signs or signs attached to franchised buses or taxis; Private signs placed in or on a public right-of-way, except for as expressly
permitted by this chapter;
8. Any sign which constitutes a traffic hazard or detriment to traffic safety by
reason of its size, location, movement, coloring, or method of illumination, or by
obstructing the vision of drivers, or detracting from the visibility of any official traffic
control device by diverting or tending to divert the attention of drivers of moving
vehicles from traffic movement on streets, roads, intersections, or access facilities. No
sign shall be erected so that it obstructs the vision of pedestrians by glare or method of
Ordinance No. 6363
May 18, 2011
Page 20 of 22
illumination or constitutes a hazard to traffic. No sign may use words, phrases,
symbols or characters in such a manner as to interfere with, mislead, or confuse traffic;
9. Any sign or advertising structure or supporting structure that is torn, damaged,
defaced or destroyed;
10. Signs attached to poles installed by governmental agencies, utility poles, trees,
rocks or other natural features;
11. Signs attached to benches, garbage cans, or other street furniture located
within the public right-of-way;
12. Rotating signs; 13. Billboards;
14. Any sign which does not structurally or materially conform to the requirements
of the city's adopted International Building Code.
J. Nonconforming Signs. Permanent signs established legally prior to the adoption
of the ordinance codified in this chapter that do not conform to the regulations of this
chapter with regard to number, size, height or location shall be allowed to remain as
legal nonconforming signs except as follows:
1. Whenever a new building replaces the principal building.
2. When there is an expansion of an existing building, the requirements of this
section shall apply only if there is an increase in floor area of 25 percent or more
(including the cumulative increase of previous expansions after the effective date of the ordinance amending this section}.
3. Whenever a nonconforming use is replaced by a conforming use, the
requirements of this section shall apply in full to the new use if and only if there is a
change in required signage due to the zoning district.
4. Any sign, including the sign structure, now or hereafter existing which no longer
advertises a bona fide business conducted or a product sold. Such sign(s) shall be
taken down and removed by the owner, agent or person having the beneficial use of
the land, building or structure upon which such sign may be found within 90 days after
written notification from the building official.
K. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinated
signage scheme for development proposals. In approving master sign plans under the
provisions of this subsection, the director has the authority to approve signage
schemes that allow for signs greater in area and height than allowed in the particular
zone in which the development is located when a coordinated signage scheme is
used. Master signage plans shall be recorded.
L. Maintenance and Safety. All permanent, temporary and portable signs and
components thereof must be maintained in good repair and in a safe, neat, clean and
attractive condition. Failure to maintain a signs} in accordance with this subsection
shall be subject to the code compliance provisions of the Auburn City Code. (Ord.
6263 § 6, 2009, Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
Section 6. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
Ordinance No. 6363
May 18, 2011
Page 21 of 22
Section Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion 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 8. 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.
DATED and SIGNED this day of , 2011.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6363
May 18, 2011
Page 22 of 22
t'T'~' O~ ~
* HITOi AGENDA BILL APPROVAL FORM
Agenda Subject Date: April 26, 2011
ZOA10-0001, Mosb Brothers Farms Inc. Zonin Text Amendments
Department: Planning and Attachments: Proposed draft code Budget Impact: NIA Development amendments, Application, final SEPA
DNS.
Administrative Recommendation: Planning Commission recommends to City Council approval of the
Mosby Brothers Farms Inc. Zoning Text Amendments, as modified by staff.
Background Summary:
Burr Mosby of Mosby Brother Farms Inc. through his agent, Lee Michaelis of R.W. Thorpe and Associates
applied for both Comprehensive Plan and Zoning Amendments in June of 2010. Changes to the policy
statements of the Comprehensive Plan were approved by the City Council in December 2010 by
Ordinance No. 6334.
This staff report and recommendation addresses the follow-on "privately initiated" amendments to the Title
18 -Zoning of the Auburn City Code's to allow for and regulate the establishment and operation of
"agricultural enterprises" on properties with a zoning designation of RC, Residential Conservancy.
The proposed amendments will primarily affect three sections of the current zoning code as follows:
• Chapter 18.04 -Definitions (to provide a definition of the intended use)
• Chapter 18.07 -Residential Zones (to define whether the use is allowed through an administrative
or conditional use permit using the code's matrix format)
• Chapter 18.31- Supplemental Development Standards (to provide additional standards to ensure
the use will be appropriate and compatible in the zoning district)
The May 3, 2011 Planning Commission meeting will involve a public hearing on the proposed code amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human Services ®Planning & Dev. ❑ Fire ®Planning ❑ Park Board ❑ PublicWorks ❑ Legal ❑ Police
® Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing l I
Referred to Until I l Tabled Until l I
Councilmember: Staff: Stuart Wa ner
Meetin Date: Ma 3, 2011 Item Number:
Page 1 of 5 ` rR~
~Ae 1 * ~ 4 ~ I { 5 ~ ¢ ti i it. ~ ~ .i J ~ f. :r4 .R4 .1
Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
A. Findings of Fact
1. Auburn City Code Chapter 18.68 outlines the process for the initiation of zoning text
amendments (public and private) and the public hearing process:
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any
portion or all of this title; provided, that text amendments that are purely administrative or
procedural do not require a public hearing, nor do they require preliminary review or
recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the city
council who may or may not conduct a public hearing.
2. The applicant's agent submitted a comprehensive plan map amendment application and
zoning text amendment application on June 1, 2010. Changes to the policy statements of
the Comprehensive Plan were previously reviewed by the Planning Commission and
approved by the City Council in December 2010 by Ordinance 6334. These changes added
a policy to Chapter 2, General Planning Approach, and modified three existing policies within Chapter 3, Land Use, of the City's Comprehensive Plan. The new policy statements
are found below:
• GP-31: The City should appropriately support local businesses that enhance the image
of the City through their contribution to economic vitality, educational, and historic value
of the community.
• LU-14: Residential densities in areas designated "residential conservancy", which
represent areas that have environmental constraints or which promote protection of City
water sources, should be no greater than 1 dwelling unit per 4 acres until such time
public facilities are available. Where it is found through a land use approval process to
be supportive of the purpose of the "residential conservancy" designation, where it does not substantially adversely impact the surrounding residential community and
demonstrates compliance to development standards specified in the zoning code,
agricultural uses and limited commercial uses in support of agricultural uses may be
allowed with appropriate environmental protection.
• LU-15: The area designated "residential conservancy" allows for a lifestyle similar to
that of rural areas since the lower density established protects the critical areas such as
the City's Coal Creek Springs watershed. A rural lifestyle generally includes allowance
of farm animals, streets not urban in character (e.g. no sidewalks, street lights), and
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Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
limited agricultural type uses. The "residential conservancy" also allows appropriate-
scale commercial activity in support of agricultural uses where it is found through a land
use approval process to be supportive of the purpose of the "residential conservancy"
designation, where it does not substantially adversely impact the surrounding residential
community and demonstrates compliance to development standards specified in the
zoning code.
• LU-45: Limited agricultural uses and commercial uses (such as daycare centers) may
be permitted as a principal use, but only under appropriate conditions, by means of
conditional use or administrative use permits when landscaping and design features can be used to minimize impacts on surrounding uses and the site is:
o Along the border of residential neighborhoods; or
o In specific areas where site specific conditions may limit the use of the site for
residential uses; or
o Along arterials transecting residential neighborhoods.
3. The application was submitted by Lee A. Michaelis, Senior AssociatelPlanning Director of
R.W. Thorpe & Associates, Inc., agent, on behalf of Burr Mosby of Mosby Brothers Farms
Inc., applicant on June 1, 2010.
4. The proposal, as described by the applicant, consists of the following 3 phases:
Phase 1
Comprehensive Plan policyltext amendments to acknowledge appropriateness of
agricultural uses and limited retail uses that support agricultural uses.
The proposal also requests text changes to Title 18 (Zoning} of the Auburn City Code
(ACC). Specifically the proposal requests changes to ACC 18.07 (Residential Zones)
that will allow an Agricultural Enterprise (and uses directly related to) without the need
for a single family residence in the RC, Residential Conservancy Zoning District. Some of the uses proposed in the application include:
. Roadside agricultural stand exceeding 300 square feet, up to a maximum 5,000
square feet for products grown on and off site.
. Agricultural crops and open field growing (pumpkin patch, cornfields, and education
gardens, vineyards).
. Gazebo/trellis for outdoor events such as weddings, reunions and large group
parties.
. Winery-related building not too exceed 5,000 square feet
Phase 2
Submit building permits and necessary clearing and grading permits for the construction
of the farm stand, greenhouses, vineyard gazebo, and plantings for the open crop fields.
Also included with this phase would be the installation of necessary utilities and parking
needed to support the proposed uses.
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Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
Phase 3
The third phase would include the necessary permits for the construction of the
espresso/juice bar and winery and the installation of utilities and parking needed to
support the proposed uses.
5. Phase I consists of two distinct actions; policy/text amendments to the comprehensive plan
and text changes to the use and development regulations of the RC, Residential
Conservancy zoning district. The purpose of the comprehensive Plan policyltext amendment was to provide a policy basis for the zoning regulation changes to ensure that
the Comprehensive plan and Zoning Ordinance are consistent as required by city code:
"ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. "
6. The subsequent Phases 2 and 3 will be addressed by future applications submitted to the
City and will apply to the vacant site that the applicant currently leases that is located west of the interchange of Auburn-Black Diamond Road SE and State Route 18, on the south
side of the Auburn-Black Diamond Road SE. The property is identified as tax parcel number
2121059160. The site is currently being farmed. This parcel has a comprehensive Plan
designation of "Residential Conservancy" and a zoning category of RC, Residential
Conservancy.
A Determination of Non-Significance (DNS) was issued on September 20, 2010 for CPA10-
0001 and ZOA10-0001, Mosby Brothers Farms Inc. Comprehensive Plan and Zoning Text
Amendments under file No. SEP10-0013. No comments were received or appeals were
filed.
8. Pursuant to RCW 36.70A.106, the proposed zoning text amendments were sent to the
Washington State Department of Commerce and other state agencies as required for the
60-day state review. No comments were received from Commerce or other state agencies
as of the writing of this report.
9. On February 28, 2011, the Planning and Community Development Committee (PCDC) held a
discussion on Agricultural Enterprises together with an overview of the proposed code
amendments.
10. The public hearing notice was published on April 2011 in the Seattle Times at least 10-
days prior to the Planning Commission public hearing scheduled for April 19, 2011. This
public hearing item was rescheduled to the Tuesday, May 3, 2011 Planning Commission
meeting. The public hearing notice for this new hearing date was republished in the Seattle
Times on April 18, 2011.
B. Conclusions
The following discusses the zoning text amendments proposed by Burr Mosby of Mosby Brother
Farms Inc., scheduled for the Planning Commission's May 3, 2011 public hearing with a staff recommendation.
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Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
1. The proposed zoning text amendments were modified after a discussion was held with the
Planning Commission on April 3, 2011. These modifications were based on feedback
received from the Planning Commission, questions asked of staff by the Commissioners,
continued discussions with the applicant, and input from the Planning Director. All
modifications are shown within the proposed code amendments as s~~°-^~ (removed)
and underlines (new). Notable changes include moving the list of allowed uses from the
Agricultural Enterprises definition to the Supplemental Development Standards Chapter,
changing the definition for "Tasting room" which aligns closer to the Washington State Liquor Board definition of a tasting room, adding a new definition for "Agricultural Store",
changing the maximum areas for lot coverage and impervious surfaces, and modifying a
section of the sign code that addresses changing message center signs.
2. The zoning text amendments as proposed by the applicant, and subsequently modified by
staff, can be supported by the City of Auburn Comprehensive Plan. The proposed
amendments implement the comprehensive plan policies referenced above by allowing for
agricultural uses and limited commercial uses in support of agricultural uses as a principal
use within the RC, Residential Conservancy zoning district. The amendments also establish
a land use approval process (administrative or conditional use permit} on all Agricultural
Enterprises, together with a set of development standards that need to be adhere to, in order to minimize impacts on surrounding uses with a "Residential Conservancy"
Comprehensive Plan designation. Staff has conducted a review of the Comprehensive Plan
in light of the proposed amendments and has not identified any areas of conflict or
inconsistency.
3. The proposed text amendments will create new definitions in the zoning code, add
"Agricultural Enterprise" as a use to the Residential Permitted Use Table (ACC 18.07.020},
and create new development standards to regulate the establishment and operation of
Agricultural Enterprises. Together these new development regulations will assist in
maintaining and preserving the lower density residential character, integrity, environmental protection, and property values of the Residential Conservancy (RC} zone where they will
be located on, as well as the surrounding areas.
C. Staff Recommendation
Planning Commission recommends to City Council approval of the Mosby Brothers Farms Inc.
Zoning Text Amendments, as modified by staff.
Exhibits
A. Proposed Code Amendments -Draft Form
B. Master Land Use Application
C. Notice of Application
D. Determination of Non-Significance
E. Public Hearing Notices F. 60-day State Review - Department of Commerce
G. Recent Correspondence (R.W. Thorpe & Associates)
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DRAFT
1 Chapter 18.04
2 DEFINITIONS (NEW)
3
4 18.04.035 Agricultural enterprise
5 "Agricultural enterprise" means a business enterprise which is engaged in or related to
6 farming, agricultural production and other businesses and services supporting and
7 promoting agriculture practices and the practice of locally and regionally grown foods.
8 The term shall also include the following as agricultural enterprises:
9
10 A. "Agritourism" means a business enterprise activity that includes operation of a
11 working farm or any agricultural, horticultural or agricultural operation; that,
12 while not an exclusive function, is open to the public on at least a periodic
13 basis forenjoyment, recreation, personal entertainment, or education.
14
15 B. "Agricultural Entertainment" means any event or activity that allows for
16 recreation, entertainment, education and tourism in conjunction with
17 agriculture support and services associated with agricultural activities. The
18 agricultural entertainment shall be permitted in conjunction with support of the 19 agriculture enterprise.
20
21 18.04.036 Agricultural store
22 "Agricultural store" means a retail food establishment, housed in a permanent structure,
23 whose primary economic activity is the sale of local and re. Tonal agricultural products
24 directly to local consumers and to tourists. Secondary economic activity includes the
25 sale of sundries, prepackaged food, bottled or canned beverages and freshly prepared
26 food and beverages for consumption on-site.
27
28 18.04.827 Special events
29 "Special events" means incidental use of a facility, which is otherwise allowed or
30 permitted in the zoning district, as a venue for hire for social gatherings. Special events
31 do not include marketing or promotional events that are part of the normal operation of
32 an agricultural enterprise or winery and directly related to products sourced from that
33 operation.
34
35 "
36 ,
37 ,
38 ,
39
40 ,
41 r+l~eeifir+~~inn
42
43 18.04.894 Tasting room
44 "Tasting room" means an additional location separate from, or on the same site as, the
45 productionlmanufacturing site, that allows customers to taste by the glass samples of
46 wine, or beer, or other alcoholic beverage and has a State of Washington issued liquor
DRAFT CODE AMENDMENTS -PLANNING COMMISSION 5/3/11 Page 1
DRAFT
1 license to operate a tasting room. In addition to sampling of alcoholic bevera..e~a
2 tasting room may include retail sales for off-premise consumption of wine or beer, or
3 other alcoholic beverage of its own production.
4
5 18.04.911 Winery
6 "Winery" means a facility where fruit or other ingredients are processed (i.e. crushed,
7 fermented, blended, aged. and/or, stored, bottled) and may include as incidental and/or
8 accessory to the principles use, a tasting room, food and beverage service, places of
9 public/private assembly and/or retail sales area.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
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DRAFT
1 Chapter 18.07
2 RESIDENTIAL ZONES (NEW & EXISTING)
3
4 18.07.010 Intent
5 B. (RC) Residential Conservancy Zone -One Dwelling Unit per Four Acres. The RC residential 6 conservancy zone is intended primarily to provide for low-intensity single-family residential
uses
7 with characteristics of an agricultural environment; provided, that appropriate scale commercial
8 activity in support of agricultural uses may be allowed with appropriate environmental protection.
9 These areas allow for a lifestyle similar to that of rural areas that includes allowance of farm
10 animals and streets without sidewalks. This zone is intended to protect areas with significant
11 environmental constraints or values from impacts typically associated with urban levels of
12 development while allowing low-intensity development designed to minimize impacts on the
13 natural environmental features designated for conservation.
14
15 Public improvements required within the RC zone will be less than is normally required for the 16 higher intensity residential zones within the city.
17
18 This zone shall only be applied in areas designated as Residential Conservancy on the
19 comprehensive plan. This zone shall allow one dwelling unit per four acres minimum lot area.
20
21 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
R-C R-1 R-5 R-7 R-10 R-16 R-20
D. Resource Uses.
Aaricultural Enterprise
When 50 percent, or more, of the total site
area is dedicated to active agricultural
production during the growing season, and A$ X X X X X X with 52 or less special events per calendar
year.
When less than 50 percent of the total site
area is dedicated to active agricultural C$ X X X X X X
production during the growing season, or with - - - - - - -
more than 52 special events per calendar year.
22 23 $ Agricultural Enterprise uses are subject to supplemental development standards under ACC 18.31.210
24 Agricultural Enterprises Development Standards.
25
26
27
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1 Chapter 18.31
2 SUPPLEMENTAL DEVELOPMENT STANDARDS
3
4 18.31.210 Agricultural Enterprises Development Standards (NEW SECTION)
5
6 A. Purpose
7 The purpose of this Chapter is to regulate the establishment and operation of
8 Agricultural Enterprises in order to maintain and preserve the lower density residential
9 character, integrity, environmental protection, and property values of the Residential
10 Conservancy (RC) zone in which they are located and the surrounding areas.
11
12 B. Applicability
13 The permit requirements and standards provided in this section apply to
14 Agricultural Enterprises where allowed in compliance with Chapter 18.07, Residential
15 Zones and meeting the definition of Agricultural Enterprises as provided in ACC
16 18.04.035. The development standards of the RC zone shall apply unless a different
17 standard applies with the supplemental development standards.
18 19 C. Uses
20 In pursuit of the above purpose, the following uses may be permitted when
21 directly related to, or in conjunction with, an Agricultural Enterprise under a unified
22 management or ownership and when an administrative or conditional use permit has
23 been issued pursuant to the provisions of Chapter 18.64 ACC. An Administrative Use
24 Permit is required when 50 percent, or more, of the total site area is dedicated to active
25 agricultural production during the rowing season, and with 52 or less Special Events
26 per calendar year. A Conditional Use Permit is required when less than 50 percent of
27 the total site area is dedicated to active agricultural production during the ..rowing
28 season, or with more than 52 Special Events per calendar
29 1. Agricultural Crops and open field growing;
30 2. Agricultural Store rnmm°rc~a~R~t~a+l-~t~
31 3. Barns, Silos and related structures;
32 4. Caretaker quarters, not more than one per Agricultural Enterprise;
33 5. Catering Facilities that serve on-site visitors or uses agricultural products;
34 6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25
3 5 seats;
36 Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free
37 standing;
38 8. Education facilities providing courses related to agricultural production and/or
39 processing or promotion of locally and regionally grown food;
40 9. Farmstands, for the sale of agricultural products raised on the premises in
41 addition to agricultural products that are raised off site;
42 10. Greenhouses;
43 11.Keeping of livestock, fowl and rabbits or similar sized animals; provided, that
44 an appropriate structure or enclosure is provided. fh°r° eh~ll nn+ h° mnr°
45 ~~n nn° hnre° nn~ni rlnnU°~~ nr n~°r I~rrr° ~nim~l nr fni it em~ll ~nim~le ei i ~h
DRAFT CODE AMENDMENTS -PLANNING COMMISSION 5/3/11 Page 4
DRAFT
1 ~e eh°°n nr 17 rani il~r~~ r~hhi~e nr eimil~r ei~° ~~m~le n°r °~~~Cr~vT
> > > 2 ~r+lne°rl i ie~hl° r»et .
3 12. Museum and cultural facilities;
4 13.Outdoor Musical Entertainment (when it meets all requirements for the
5 business licensing of ACC 5.20.200);
6 14. Small Scale Food Processing or packaging of agricultural products;
7 15.Special Events -Special events include, but are not limited to, the following
8 activities where attendance exceeds 200 persons or more:
9 a) Weddings
10 b) Meetings
11 c} Receptions
12 d) Reunions
13 e) Tasting events for food or beverage
14 f) Private Parties
15 g) Concerts held within an enclosed building and thus are not subject to the
16 individual business licensing of ACC 5.20.200 for Outdoor musical
17 entertainment
18 h) Retreats
19 i} Other comparable events
20 16. Tasti n., r
21 17.Touristand Visitor Services;
22 18. Winery; and
23 19. ~~°r i ie°e ~e rl° Dl~nninrr Ilir°n~ The Planning Director
24 may authorize uses under this definition other than those which are listed, if
25 the Planning Director determines the use is consistent with the intent of the
26 zone and is of the same general character of the uses permitted within the
27 zone. Further guidance on administrative interpretations of land uses can be
28 found in ACC 18.02.120.
29
30 D. Development Standards
31
32 1. Minimum Area. The minimum area devoted to an Agricultural Enterprise
33 business shall be a single parcel with a minimum of 10 acres in total site area
34 within the Residential Conservancy (RC} zone. Environmentally Critical Areas
35 are not counted toward total site area when determining whether an
36 Administrative or Conditional Use Permit is required.
37
38 2. Location. The proposed Agricultural Enterprise business shall have direct access
39 onto a Minor Arterial or higher classification street as determined by the Planning
40 Director and City Engineer.
41
42 3. Maximum Buildin_. Size. Each individual non-residential building, excluding
43 greenhouses, used in conjunction with the Agricultural Enterprise business shall
44 not exceed 5,000 square feet in gross floor area.
45
DRAFT CODE AMENDMENTS -PLANNING COMMISSION 5/3/11 Page 5
DRAFT
1 (~n~ior~rro Tho nnmhin~~inn of mi il~ir~la hi iilrlinrre nn ~ einrrl~r o i ieorl in
2 ,
3 errs i~ro food in rrrnee flnnr ~ro~ ~nrl eh~ll nn~ ovnaarl h1° mwimi im ~Iln~niorl Ind
4 r+nvar~rra fnr h1° R(` manna Tho m~vimi im imr~ar~iini ie ~ro~ eh~ll nn~ ovr+oorl /I (1
5
6
7 4. Lot Coverage: The combination of all buildings, to include greenhouses, on a
8 single site used in conjunction with the Agricultural Enterprise business shall not
9 exceed 15 percent of the total site area.
10
11 5. Maximum Impervious Area: The maximum impervious area shall not exceed 25
12 ercent.
13
14 6. Setbacks: Structures for Agricultural Enterprises shall be located as follows:
15
16 a. Front setback: 35 Feet
17 b. Rear Setback: 20 feet.
18 c. Interior Side Setback: 20 feet
19 d. Street Side Setback: 35 feet
20
21 Height: Maximum building height: 35 feet. Buildings may exceed 35 feet if one
22 foot of setback is provided from each property line for each foot the building
23 exceeds 35 feet.
24
25 8. Visual Impact: Activities and uses conducted in conjunction with the Agricultural
26 Enterprise must be located in such a manner that visual impacts to adjoining
27 properties that are used or zoned for residential uses are reduced or avoided.
28
29 a. A Type III landscape Buffer ten feet in width shall be provided on-site in
30 those areas between the buildings and the property line.
31 b. Highly reflective building materials shall not be used on buildings.
32
33 9. Responsible Party. All components of the agricultural enterprise shall be
34 operated or maintained by the property owner, lease holder, or occupant of the
35 land upon which the primary associated agriculture, horticulture, or other use is
36 being conducted.
37
38 10. Hours of operation. Business activities involving the employment of offsite
39 workers; outside activities; the generation of any noise, light, dust, odor, glare, or
40 vibration detectable outside the business structure; and traffic, including
41 deliveries, shall only be conducted onsite between the hours of 7 a.m. and 10
42 p.m. or as may be specifically approved by a condition of approval of the
43 Administrative or Conditional Use Permit.
44
45 11. Parking and outdoor storage. All parking and outdoor storage areas used
46 exclusively for retail areas, within 50 feet from a property line shall be screened
DRAFT CODE AMENDMENTS -PLANNING COMMISSION 5/3/11 Page 6
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1 from adjoining properties used or zoned for residential uses. If existing
2 topography and natural vegetation does not provide an adequate visual barrier,
3 additional screening may be required, to include installation of landscape
4 materials, walls or fencing.
5
6 12. Li htin . No lighting shall be directed onto adjoining properties used or zoned for
7 residential uses and not exceed 0.5 foot candle when measured at the property
8 line. Floodlights or other high-intensity lighting shall be prohibited, unless
9 specifically approved as part of a special event or outdoor musical entertainment.
10
11 13. Refuse and Recycl, ing_. All refuse and recycling waste containers shall be within
12 refuse enclosures located in the rear of the building and be completely screened
13 from public view. All refuse enclosures shall be architecturally compatible with
14 the primary building.
15
16 14.Special Events. Special Events or similar activities may be held, as follows.
17 a. Up to 52 special events within a calendar year with the Administrative Use
18 Permit.
19 b. 52 or more special events within a calendar year shall require a
20 Conditional Use Permit.
21 c. Parking and Traffic Control - A parking and traffic control plan shall be
22 prepared by a licensed traffic engineer and required for all Agricultural
23 Enterprises conducting Special Events (as defined by ACC 18.04.827).
24 The parking and traffic control plan shall be submitted for review as part of
25 the Administrative Use Permit or Conditional Use Permit application and if
26 satisfactory, must be approved by the Planning and Development Director
27 and the Public Works Director prior to implementation. At a minimum, the
28 parking and traffic control plan shall contain the following:
29
30 a. A parking plan showing how adequate on- and off-site parking will be
31 available to the land use, and that no substantial conflict will exist in
32 the principal hours or periods of peak parking demands of any land
33 uses and special events which are proposed to share the parking.
34 b. A traffic control plan showing how traffic to and from the land use and
35 special events location(s) will be handled and what temporary traffic
36 control measures will be used to facilitate safe access to and from the
37 locations. The traffic control plan must include a written description of
38 the plan as well as a traffic control diagram showing traffic control
39 devices, directions of travel, and the location and type of authorized
40 personnel to direct traffic.
41 c. A Contingency Plan for weather changes (relocation or rescheduling
42 of events; alternative parking areas; method of notifying the public of
43 changes} and for unanticipated increases in traffic or parking.
44 d. Other elements as determined necessary by the Planning and
45 Development Director and the City Engineer based on the specific
46 events, setting, and location.
DRAFT CODE AMENDMENTS -PLANNING COMMISSION 5/3/11 Page 7
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1
2 15. Wineries. All wineries with or without tasting rooms shall:
3 a. Have adequate driveway access to a public street meeting the
4 requirements of a commercial driveway.
5 b. Provide adequate on-site parking in the amount of 1 parking stall for every
6 500 square feet of gross floor area used specifically for the winery.
7 c. Shall not exceed 5,000 square feet gross floor area with the tasting room
8 not exceeding 50 percent of the production area.
9
10 16.Signs. The following standards apply to Agricultural Enterprise uses within the
11 RC, Residential Conservancy Zone instead of ACC 18.56.040(A}. The other
12 provisions of ACC 18.56, Signs, apply.
13 a. Freestanding Signs.
14 i. Total number permitted:
15 1. Two per frontage on a parcel having at least 500 feet of
16 frontage on a State Highway.
17 2. One per frontage on a Principal or MinorArterial
18 ii. Maximum height:
19 1. 30 feet on a State Highway.
20 2. 22 feet on a Principal or MinorArterial
21 iii. Maximum area:
22 1. 200 square feet, calculated at a rate of one square foot of
23 sign area for every two lineal feet of frontage. The minimum
24 entitlement for freestanding signs is 32 square feet for those
25 sites without 64 feet of frontage.
26 iv. Multiple freestanding signs, if permitted, must be separated by
27 feet measured in a straight line distance.
28
29 b. Wall Signs.
30 i. Total number permitted: one sign per building frontage that fronts a
31 public right of way.
32 ii. Maximum area: 100 square feet per building frontage that fronts a
33 public right of way, calculated at a rate of one square foot of sign
34 area for every 1.5 lineal feet of building frontage.
35 iii. Signs may be directlyorindirectly illuminated.
36
37 c. Changing message center signs are allowed as part of an Agricultural
38 Enterprise and must comply with the sign regulations in ACC
39 18.56.030(F}.
40
41 17.Additional permits and approvals. In addition to required land use permits, an
42 Agricultural Enterprise may be required to obtain licenses and permits from other
43 City and County Departments (e.g., business licenses from the City, food service
44 or sales licenses from the County Department of Public Health, animal care
45 licenses from the County Department of Public Health, etc.}.
46
47
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1 Chapter 18.56
2 SIGNS
3
4 18.56.030 General provisions, all districts (NEW & EXISTING SECTION).
5
6 F. Changing Message Center Signs. Where permitted under this chapter, changing 7 message center signs shall comply with the following requirements; provided,
8 that changing message center signs that only display time and temperature or
9 similar public service information shall be exempt from these requirements.
10
11 1. Where Allowed. Changing message center signs shall only be allowed in the
12 I, P-1, C-1, C-2, DUC, C-3, M-1, and M-2 zones. When part of an Agricultural
13 Enterprise, as defined by ACC 18.04.035, changing message center signs are
14 allowed in the RC zone.
15
DRAFT CODE AMENDMENTS -PLANNING COMMISSION 5/3/11 Page 9
CITY qf,
AD B, U R N,
WASh11NGTON Planning, Building, and Community, Department
MASTER LAND USE APPLICATION - PLANNING APPLIC11770NS
Project Name Mosby Bros. Farms, Inc Comprehensive Plan Amendmentl)ate June 01, 2010
Parcel No(s) King County Parcel Niintber 21,21059160 Site Address No Site Address
Legal Description (attached separate sheet if ttecessar•y) See Attached
Applicant , ht
Nance: Mosby Bros Farm, Inc Attn: Burr Mosby }
Mailing Address: 12754 SE Green Valley Rd. Aube rn, WA 98092
Telephone and fax: 7': 253.939.7666 F: 253.939.5156
I:;ntnil: leekgrowet aclearwiremet ,
~
Signature:
Owner (if tore than one attach another sheet) f✓
'
Nance: Green Valley Associates Attil erald E. Schneider
Meiling Address: 15207 SG Green Valley Rd. Auburn, WA 98092
Telephone and fax: Applicant'sT:253.939.7666 F: 253.939.5456
Email: leekgroweit)clearivire.net
Si mature: ON FILE with 'rem orar Use Permit
Iatgincer/Architerturc/Other
Nance: R.W. Thorpe & Associates, Inc. Attn: l.ee A. Michaelis, AICP
7438 SE 27th 5t, Mercer, Island, W ' 98010
Mailing Address:
't'elephone and Fax: T: 206.624.6239 f: 206.625.0930
Einta'sl; ]ntichaelisOrwta.com
Description of Proposed Action:
The proposal is to amend the Comprehensive Plan an~Zoning Code to allow agricultural uses as
primary uses and to add the following uses as allowed uses in the Residein tial Conservancy
Zone: wineries and juice bars.
Type oI'A t tlication Required Check all that Apply)
Administrative Appeal Rezone (site speeilic)* Area Wide
Administrative Use Permit` - Short Plat
Annexation" Special Exception"
Boundary Line Adjustment Special I Ionte Occupation Permit"
_ X Comprehensive Ilan Amendment ("Text or Map)* Substantial Shoreline Development"
Conditional Use Permit` Surface Mining Permits
- Critical Areas Variances' Temporary Use Permit
_ Development Agreement's Wriauce"
C X Environmental Review (SEPA)" *I'lease note that public notification is
final Plat _ required. A separate cost is charged
1'relintinery Plats` for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Reasonable Use Exception*. X Zonis Code Text Amendment
Page 1 of 2
AUBURN * MORf•. THAN YOU IMAGINED
R.W. THORPE & .ASSOCIATES, INC.
Seattle • Anchorage • Denver • Wintln•op
Planning • Landscape Environmental Economics ❖
PRINCIPALS: ASSOCIATES:
Robert W. Thorpe, AICP, President Barbara Baker, AICP
Stephen Speidel, ASLA, Of Counsel Lindsay Diallo, RLA
Lee A. Michael' AICP
June 01, 2010
Stuart Wagner, AICP, Planner
City of Auburn 01~
Planning, Building & Community ~u~ O 2
25 West Main Street
Auburn, WA 98001 ~ ox
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RE: Mosby Bros. Farms, Inc Comprehensive Plan Text Amendment
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Dear Mr. Wagner:
R.W. Thorpe & Associates, Inc. (RWTA), on behalf of Mosby Bros. Farms, Inc., is pleased to present
the following written narrative as part of the Mosby Bros. Farms, Inc Zoning Code Text Amendment. The
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following narrative and project description is in lieu of the absence of a formal application process for a
Zoning Code Tex Amendment. The narrative provides background information on the property and
business as well as provides a phased timeline for the project.
1. Project Summa
A. About the Farm
Mosby Bros. Farm, started in 1977, continues a family passion for operating farm equipment. Eating
fresh, local, sustainable foods is a passion for the Mosby Family. This year they will host events, launch a
Community Supported Agricultural program, and bring to life the ingredients in the farmstand with the
Recipe of the Week.
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Giving back to the community is important to the Mosby Family. Weekly the farm donates
thousands of pounds of food to local charities including the Auburn Food Bank, Tukwila Pantry, Food Life
Line, 2nd Harvest, and St Francis House. The Mosby's are working on developing an education program in
partnership with local schools in order to educate school age children on healthy eating.
To achieve the goals set about by the farm and to expand the services which give back to the
community, the Mosby Family is seeking to expand the agricultural uses that have historically taken place
on the farm stand property in Auburn. They also wish to increase the allowed uses on the property that
would complimentary to both agriculture and the well being of the community.
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B. Proposed Changes
Over the next 5-7 years, Mosby Bros. Farms would like to expand some of the existing uses on the site such
as the farmstand, greenhouses, and gardens. They would also like to introduce new uses currently not on
the property: winery, juice stand/bar, special events, and education classes related to farming and
•'-705 Second Ave. Ste 710, Seattle WA 98104 1 Telephone: (206) 624-6239 1 Fax: (206) 625-0930 1 E-Mail: rMaorivia.coni",
Mosby Firms Comprehensive Plan Amendment June I, 2010 Page 2 of 3
agriculture. These new and expanded uses are detailed more below in a phased approach. The
amendments in Phase I are the more immediate amendments requested. Phase II involves the development
of a small winery on the property. Phase II timing will be dependant on the owners and can be further
discussed through the amendment process.
The main issue that has been identified that would need to be addressed is the requirement that all
agricultural uses be secondary to a single family residence. This requirement prohibits the other uses from
occurring on the property as primary uses. Other amendments requested as part of Phase I include
expanding limited uses (roadside stand) and introducing a new use to the property; education, a juice
stand/bar and special events at the location.
As part of this process we would also review the Comprehensive Plan and propose new goals and policies if
the requested zoning amendments were not support by the current Comprehensive Plan. These policies
have been attached to the application to be reviewed during the 2010 amendment cycle.
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C. Timeline
We would like to initiate the code amendment process concurrent with the Comprehensive Plan
Amendment process. We understand that this process ends at the end of the calendar year. As part of the
operation, we have also requested the approval of a Temporary Use Permit so that Mosby Bras. Farms can
operate this year as they have historically.
II. Proposed Zoning Text Amendment
On the next few pages is our first attempt at identifying what sections of the AMC that would need to be
amended to accomplish the identified goals. Additional items will be identified through the review process.
A. Phase I Zoning Code Amendments j
AMC 18.07.010 Intent !
Modify the intent statement of the Residential Conservancy Zone that would support the proposed uses and
lessen the need for single family residential uses.
AMC 18.07.020 Uses
Propose new uses for the RC zone and eliminate the incidental-secondary requirement.
AMC 18.07.030 Development Standards
Create new bulk and dimensional standards for the new uses and modify those standards to establish the
expanded uses.
B. Phase I Comprehensive Plan Amendments
Propose new goals and policies that would support this type of development in the RC Zone
C. Phase 11 Winery
Establish a review and permitting process that would allow wineries to be allowed within the Residential
Conservancy Zone. Items that would need to be addresses include:
• Design Review
• Development Standards
705 Second Ave. Ste 710, Seattle WA 98104 1 Telephone: (206) 624.6239 1 Fax: (206) 625.0930 1 E-Mail: r%vta@rwta.coin
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Mosby Farms Comprehensive Plan Amendment June,l, 2010 Page 3 of 3
• Type of Land Use Approval
• Establishing Accessory Uses
I anticipate additional information will be needed throughout the review., If YOU determine that
additional information is required or you haye~question regarding the attached. documents, please feel free
to a-mail or call nee at 206.624.6239 or lnuchae'lis-&w- ta.com. We look forward to working with you on this
project and subsequent phases of this project.
Sincerely,
R. W. Tliorpe &Associates, btc.
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Robert W. Thorpe, AICP Lee A. Michaelis, AICP i
President Planning Director
Cc: Burr & Rosella Mosby, Business Owners
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705 Second Ave. Ste 710, Seattle WA 98104 1 Telephone: (206)'624-6239 1 Fax: (206) 625-0930 1 E-Mail: r%vta@rwta.com
CITY 01:
Peter B. Lewis, Mayor
,AUBURN WASHINGTON 25 West Main Street* Auburn WA 98001-4998 ~ www.ciubufnwci.gov m 253-931-3000
NOTICE OF APPLICATION
MOSBY BROTHERS FARMS
COMPREHENSIVE PLAN & ZONING AMENDMENTS
CPA10.0001, ZOA10-0001, SEP10.0013
This notice is to inform you that the City of Auburn has received the following application(s)
that may be of interest to you. The application(s) may be reviewed at the City of Auburn
Department of Planning and Development at One East Main Street, Auburn WA 98001.
Description of Proposal: Mosby Brothers Farms Inc. has submitted applications for a
Comprehensive Plan Text Amendment and a Zoning Code Text Amendment to allow a
permanent farmstand as a primary use; without the need for a single family residence, to
expand the size limitation of a farmstand, as well as have additional uses on the site that
include an improved parking lot, greenhouses, education gardens, a corn maze, a juice bar,
and a winery.
The applicant has also filed an environmental checklist application (SEPA File No. SEP10- j
0013) for this project. Based on the City's review of the environmental checklist and other
information on file, the City expects to issue a Determination of Non-significance (DNS) for
the proposal. The review process for approval of the proposal may include requiring
mitigation measures under applicable codes and imposition of mitigation measures
regardless of whether an Environmental Impact Statement (EIS) is prepared.
Application Date: June 1, 2010
Date of Notice of Completeness: June 28, 2010
Date of this Notice of Application: August 4, 2010
Project Proponent: Burr Mosby, Mosby Brothers Farms Inc., Applicant;
Lee Michaelis, R.W. Thorpe & Associates, Inc., Agent
Project Location: Between SE Auburn - Black Diamond Road and SR 18, west of the
Exit off of SR 18. No site address, Auburn, WA. Parcel Number 2121059160
Studies/Plans Submitted with Application: None
Other Permits, Plans, and Approvals Required: a SEPA Determination, Comprehensive
Plan Text Amendment, and a Zoning Code Text amendment. Subsequent development
will be required to obtain all necessary permits or approvals that may include additional
land use approvals, grading, facility extensions and building permits.
Statement of Consistency and List of Applicable Development Regulations: This
proposal is subject to and shall be consistent with the Auburn City Code, Auburn
Comprehensive Plan, Design and Construction Standards, Building Code and Fire Code.
Public Hearings: A public hearing is required for this proposal. A separate notice will be
issued when the date has been scheduled.
AUBURN-4k MORI.,' TI-IAN YOU INIAGIN11)
C:I"t'Y OF
JBURN 7=7"11 71 -
WASH 1 N G"I'O N µ 26 West Merin Street Auburn WA 98001-4998 * www.c~lb(trnwa.gov ~ 253-931-3000
DETERMINATION OF NON-SIGNIFICANCE
MOSBY BROTHERS FARMS INC.
COMPREHENSIVE PLAN & ZONING TEXT AMENDMENTS
SEP10-0013, CPA10-0001, ZOA10-0001
DESCRIPTION OF PROPOSAL: Mosby Brothers Farms Inc. has submitted applications for a
Comprehensive Plan Text Amendment and a Zoning Code Text Amendment to allow a permanent
farmstand as a primary use, without the need for a single family residence, to expand the size
limitation of a farmstand, and to have limited retail uses that support agricultural uses within areas
designated as "Residential Conservancy" in the City of Auburn Comprehensive Plan.
Specifically, the proposal requests the following modifications to Comprehensive Plan policies:
Add new policy (Policy GP-31) to acknowledge contribution by businesses that provide
educational and historical value to existing Community Character; Goal 4.
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Policy LU-14, Modify policy to acknowledge appropriateness of agricultural uses and
limited retail uses that support agricultural uses.
Policy LU-15, Modify policy to acknowledge limited commercial activity is appropriate
when in support of agricultural uses and when not adversely impacting residential uses.
Policy LU-45, Modify policy to recognize agricultural uses are appropriate as a principal
uses through land use approval processes in this general policy related to neighborhood
quality.
The proposal also requests text changes to Title 18 (Zoning) of the Auburn City Code (ACC).
Specifically the proposal requests changes to ACC 18.07 (Residential Zones) that would allow the
following uses without the need for a single family residence in the Residential Conservancy Zone:
Roadside agricultural stand exceeding 300 square feet, up to a maximum 5,000 square feet
for products grown on and off site.
Commercial greenhouses with no square footage restrictions but in compliance with existing
height restrictions.
Agricultural crops and open field growing (pumpkin patch, cornfields, and education
gardens, vineyards).
Gazebo/trellis for outdoor events such as weddings, reunions and large group parties.
Winery-related building not too exceed 5,000 square feet
Retail juice Bar
Parking to support the uses listed above
Disclaimer: Any future development at the project site will require subsequent environmental review
and new SEPA threshold determinations.
AU BURN NIORU 11 IAN YOU IMAGINED
DETERMINATION OF NON-SIGNIFICANCE SEP10-0013(Continued)
PROPONENT: Burr Mosby, Mosby Brothers Farms Inc., Applicant;
Lee Michaelis, R.W. Thorpe & Associates, Inc., Agent
LOCATION: The comprehensive plan and zoning amendments would apply city-wide to areas
with a land use and zoning designations of Residential Conservancy
Project site: Between SE Auburn - Black Diamond Road and SR 18, west of the Exit
off of SR 18. No site address, Auburn, WA. Parcel Number 2121059160
Section: 21 Township: 21 Range: 5
LEAD AGENCY: City of Auburn
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required under
RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental
checklist and other information on file with the lead agency. This information is available to the
public on request.
RESPONSIBLE OFFICIAL: Kevin Snyder, A.I.C.P.
POSITION/TITLE; Director, Planning & Development Department
ADDRESS: 25 West Main Street F
Auburn, Washington 98001
(253) 931-3090
DATE ISSUED: September 20,2010 SIGNATURE:
This DNS is issued under WAC 197-11-340; the lead agency will not act on this proposal for 14
days from the date of issuance. Comments must be submitted by 5:00 p.m. on October 4, 2010.
Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk within
14 days after the comment period. All appeals of the above determination must be filed by 6:00
P.M. on October 18, 2010 with the required fee.
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal will be required to meet all applicable regulations.
CITY OF
_ Peter B. Lewis, Mayer
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WASHINGTON 25 Wost Maln Street Auburn WA 98001-1990 ~ www.auburnwa.egov ~ 253-931-3000
Notice of Public Hearing
Re-scheduled
Notice Published: Thursday April 14, 2011
Notice is hereby given that the The Planning Commission of the City of Auburn, Washington,
will NOT conduct a public hearing on Tuesday, April 19, 2011, at 7:00 P.M. in the Council
Chambers of the Auburn City Hall located at 25 West Main Street on the following matter:
Case Number: ZOA10-0001 -Mosby Brother Farms Inc.
Proposed amendments to Title 18-Zoning, of the Auburn City Code to allow for and regulate the
establishment and operation of "agricultural enterprises" on properties with a zoning designation
of RC, Residential Conservancy.
The proposed amendments will primarily affect three sections of the current zoning code as
follows:
Chapter 18.04 - Definitions (to provide a definition of the intended use)
c Chapter 18.07 - Residential Zones (to define whether the use is allowed through an
administrative or conditional use permit using the code's matrix format)
o Chapter 18.31 - Supplemental Development Standards (to provide additional standards
to ensure the use will be appropriate and compatible in the zoning district)
This public hearing item has been rescheduled to the Tuesday, May 3, 2011 Planning
Commission meeting.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West
Main Street. The public is invited to attend to express comments or opinions. Written
comments may be submitted up until and at the public hearing to Stuart Wagner, AICP, Planner,
Planning and Development, 25 West Main Street, Auburn, WA 98001-4988. If you have further
comments or questions, please contact Planner Stuart Wagner at swagner()-auburnwa.gov or
253-804-5031.
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to
this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as
to the type of service or equipment needed. Each request will be considered individually
according to the type of request, the availability of resources, and the financial ability of the City
to provide the requested services or equipment.
AUBURN MOKI 'THAN YOU INIAGIND.)
seattletimes.com
PO Box 70, Seattle, WA 98111
AUBURN CITY OF-FINANCE DEPT
ATTN CITY CLERK
25 WEST MAIN
AUBURN, WA 98001
Re: Advertiser Account #30785204
Ad 796420400
Affidavit of Publication
4122115/3
STATE OF WASHINGTON
Counties of King and Snohomish
The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company,
publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of
Washington. The Seattle Times has been approved as a legal newspaper by orders of the Superior Court of
King and Snohomish Counties.
The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and
distributed to its subscribers during all of the said period.
I
Newspaper. Publication Date
The Seattle Times 04/07111
Agent Debbie Collantes Signature haru~~~, a 0'`''` Subscribed and sworn to before me on
L(DATE)
(NOTARY,SIC# . TORE) Notary Pu li6, n'a for the State of Washington, residing at Seattle
C -istina C. McKenna
'jV
~ e Seattle c~itttes I
seattletimes.com
Re Advertiser Account #30785204 Ad # 796420400
Ad TEXT'NOTICE OF contact Planner Stuart Wagner
'PUBLIC HEARING: at swagner®auburnwa.gov or
253-804.5031.
The Planning Commission of
the City of Auburn, ' For citizens with speech, sight
Washington, will conduct a or hearing
public hearing on disabilities wishing to review
April 19, 2011, at 7:00 P.M. In documents
the Council pertaining to this hearing,
Chambers of the Auburn City should contact the j
Hall located at 25 City of Auburn within 10
West Main Street on the calendar days prior to
following matter: the meeting, as to the type of
service or
Case Number: ZOA10.0001 - equipment needed. Each
Mosby Brother Farms request will be
Inc. considered individually
Location: City Wide according to the type of '
Proposal: Amendments to Title request, the availability of
18 - Zoning, of resources, and the
the Auburn City Code to allow financial ability of the City to
for and regulate provide the
the establishment and operation requested services or
of "agricultural equipment.
enterprises" on properties with
a zoning Published in the Seattle Times
designation of RC, Residential on April 7, 2011
Conservancy. The
proposed amendments will I
primarily affect three
sections of the current zoning
code as follows:
Chapter 18.04 - Definitions (to
provide a
definition of the Intended use),
Chapter 18.07 -
Residential Zones (to dellne
whether the use is
allowed through an
administrative or conditional
use permit using the code's
matrix lormat),
Chapter 18.31 - Supplemental
Development
Standards (to provide additional
standards to
ensure the use will be
appropriate and j
compatible In the zoning
district)
The public is Invited to attend to
express
comments or opinions. Written
comments may be
submitted up until and at the
public hearing to
Stuart Wagner, AICP, Planner,
Planning and
Development, 25 West Main
Street, Auburn, WA
98001-4988. If you have further
comments or
questions, please
ale ea le Tutte
- Xa g
seattletirnes. c®r>ra ~.F~ .
PO Box 70, Seattle, WA 98111
AUBURN CITY OF-FINANCE DEPT
ATTN CITY CLERK
25 WEST MAIN
AUBURN, WA 98001
Re: Advertiser Account #30785204
Ad 796663200
Affidavit of Publication
41 23476 / 3
STATE OF WASHINGTON
Counties of King and Snohomish
The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company,
publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of
Washington. The Seattle Times has been approved as a legal newspaper by orders of the Superior Court of
King and Snohomish Counties.
t
The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and
distributed to its subscribers during all of the said period.
Newspaper Publication Date
The Seattle Times 04/18/11
Debbie Collantces
Signature ~•,M=4' CcI.Q, e=
Subscribed and sworn to before me on
(DATE)
~i Y SIGNATURE) Notary Public in and for the State of Washington, residing at Seattle
411, - 41
seattletimesecom 3
Re Advertiser Account #30786204 Ad # 796663200
Ad TEXT-NOTICE OF PUBLIC prior to
HEARING - RESCHEDULED the meeting, as to the type of
service or
Notice is hereby given that the equipment needed. Each
The Planning request will be
Commission of the City of considered Individually
Auburn, Washington, according to the type of
will NOT conduct a public request, the availability of
hearing on Tuesday, resources, and the
April 19, 2011, at 7:00 P.M. In financial ability of the City to
the Council provide the
Chambers of the Auburn City requested services or
Hall located at 25 equipment,
West Mein Street on the
following matter: Case Published in the Seattle Times
Number: ZOAI 0.0001 - Mosby on April 18, 2011
Brother Farms Inc.
Proposed amendments to Title
18 - Zoning, of the
Auburn City Code to allow for
and regulate the
establishment and operation of
"agricultural
enterprises" on properties with
a zoning
designation of RC, Residential
Conservancy.
This public hearing Item has
been rescheduled to
the Tuesday, May 3, 2011
Planning Commission
meeting.
The public hearing will be held
In the Council
Chambers, Auburn City Hall,
located at 25 West
Main Street. The public is
Invited to attend to
express comments or opinions.
Written comments
may be submitted up until and
at the public
hearing to Stuart Wagner, AICP,
Planner,
Planning and Development, 25
West Main Street,
Auburn, WA 90001-4988. It you
have further
comments or questions, please
contact Planner
Stuart Wagner at
svragner®auburnwa.gov or
253-804-5031.
For citizens with speech, sight
or hearing
disabilities wishing to review
documents
pertaining to this hearing,
should contact the
City of Auburn within 10
calendar days
STATE OF WASHINGTON
DEPARTMEN'r OF COMMERCE
1079 Plain Sneer SE + PO Pox +92525 • Olympia, W'ashingion 9850:9.2525 ~ (360) 7254000
t. ~~f~ crarnr►►eres.ti~=a.~ot~
March 31, 2011
Stuart Wagner
Planner
City of Auburn Planning Department
25 W Main Street
Auburn, Washington 98001-4998
Dear Mr. Wagner:
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as
required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural
requirement.
City of Auburn - Proposed privately initiated amendments to the Title 18 - Zoning of the Auburn City
Code's to allow for and regulate the establishment and operation of "agricultural enterprises" on
properties with a zoning designation of RC, residential conservancy. These materials were received
on March 24, 2011 and processed with the Material ID # 16761.
We have forwarded a copy of this notice to other state agencies.
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty
days following the date of receipt by Commerce. Please remember to submit the final adopted amendment
to Commerce within ten days of adoption.
If you have any questions, please call me at 360.725.3056.
Sincerely,
Xlnda Veyt
Ike Nwankwo
Technical & Financial Assistance Manager
Growth Management Services
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R.W. THORPE & ASSOCIATES, INC.
Seattle a Anchorage o Denver n Whithrop
❖ Planning I Landscape Architecture I Project Management I Environmental I Economics ❖
PRINCIPALS: ASSOCIATES:
Robert W. Thorpe, AICP, President Lee A. Michaelis, AICP, Senior Associate
Stephen Speidel, ASLA Lindsay Diallo, RLA, Associate
April 18, 2011
Stuart Wagner, AICP
Planner
Planning & Development Department
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
RE: Mosby Farms Zoning Code Amendments
Dear Mr. Wagner: c
In response to the Planning Commission's discussion on April 5, 2011 regarding the Mosby Farms
Privately Initiated Zoning Code Amendment, we are proposing changes to the code amendments
that were presented at the Planning Commission work session. Each amendment is discussed below
and divided into the topics that were questioned at the meeting.
Permitted Uses: 18.04.035(17)
We agree with the proposed modification to eliminate the sentence "Other uses as determined by
the Planning Director." Bullet number 17 should begin with "The Platming Director may authorize
uses...
Development Standards: 18.31.210(C)(4)
The Coverage standard should be separated into two sections; Lot Coverage and Impervious
Coverage. Making this change would clarify the requirement and also would be consistent with
current code. To further clarify the requirements, we recommend establishing percentages rather
than square footage requirements. The following changes (bold) are being proposed.
(4) Lot Coverage. The combination of all buildings, to include greenhouses, on a single site used
in conjunction with the Agricultural Enterprise business shall not exceed 15 percent of the total
site area.
The current allowed lot coverage is 25 percent of a site. With a minimum 10 acre parcel this would
allow 2.5 acres (108,900 square feet) of building area. We find that this may be inconsistent with the
rural environment intended by the RC zone. A more realistic requirement would be to limit the lot
coverage to 15 percent of a site or approximately 65,000 square feet of a 10 acre site. Applying this
standard to the Mosby Farms site would allow approximately 75,000 square feet of building area.
•:•7438 SE 271s Street, Mercer Islvid WA 98040 1 Telephone: (206) 624-6239 1 Fax: (206) 625-0930 1 E-Mail: rivtaOrMaxom .
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Mosby Finns Zoning Code Amendment April 18, 2011 Page 2 of 2
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This would equate to six (6) separate buildings totaling 30,000 square feet and eleven (11)
greenhouses totaling approximately 42,350.
(5) Impervious Coverage The maximum impervious area shall not exceed 25 percent.
The proposed allowed maximum impervious coverage is consistent with the current code
requirement of 25 percent of a total site. This would provide an additional 10 percent of the site area
for parking or other hard surfaced areas that may need to be used. With a miniumun 10 acre parcel
this would allow 1 acre (43,560 square feet) of paved surface. We find that this is sufficient to park
approximately 100 cars for special events if needed.
Using the above criteria on the Mosby Farms site (11.5 acres), a potential breakdown of lot area
could be as follows:
a Active Agricultural Production-5.75 Acres (250,470 square feet)
Lot Coverage-1.725 Acres (75,141 square feet)
Additional Impervious Coverage-1.15 Acres (50,094)
• Natural or undeveloped land-2.875 Acres. This area could also be used for additional
agriculture production.
(14.b.ii) Wall Signs. Maximum Area: 100 square feet per building that fronts a public right of
way, calculated at a rate of one square foot of sign area for every 1 lineal foot of building
frontage.
To aclueve the maximum sign area under the original proposal a building would need to be 150 feet
in length. A maximum square footage of 5,000 would result in a building only being 33 feet in
width. With the current proposal a building with a width of 50 feet would achieve the maximum i
sign area. A building 100' by 50' is more functional than a building 30'X150'.
I hope that you will consider these changes and bring them forward to the next meeting with the
Planning & Community Development Committee. I have also attached revised drafts of the
proposed code for your consideration. If you have any questions, please feel free to call or e-mail at
your convenience.
Sincerely,
R. W. Thorpe & Associates, Inc.
Lee A. Michaelis, AICP
Planning Director
:•7438 SF 27th Street, Mercer Island WA 98040 1 Telephone: (206) 624-6239 1 Fax: (206) 625-0930 1 E-Mail: r%vta@rivta.com