Loading...
HomeMy WebLinkAbout6385 ORDINANCE NO 6 3 8 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 14 03 010 AND 14 03 030 OF THE AUBURN CITY CODE RELATING TO PROJECT PERMIT DECISIONS AND ADDING A NEW CHAPTER, CHAPTER 18 53 TO THE AUBURN CITY CODE RELATING TO MASTER PLANS WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, upon the annexation of Lea Hill on January 1, 2008, Green River Community College is within the city limits and the City realized that a master plan process may benefit larger institutional uses to assist with long term planning, and WHEREAS, a master plan process allows for the long term planning or phased developments for certain types of land uses such as larger institutional or commercial uses where the phased development can be planned holistically; and WHEREAS, a master plan process allows for early and frequent public involvement; and WHEREAS, following proper public notice, the Planning Commission considered the master plan code amendments at a public hearing on September 7, 2011, and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 18, 2011, the Planning Commission Ordinance No. 6385 November 3 2011 Page 1 of 12 made its recommendations for code amendments to the City of Auburn City Council, and WHEREAS, the Planning and Community Development Committee reviewed the Planning Commission's recommendation at their November 14, 2011 meeting and forwarded their recommendation to the City Council at their November 28, 2011 meeting, and WHEREAS, the 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 August 9, 2011, and WHEREAS, pursuant to RCW 36 70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- day state review and acknowledgment received on August 16, 2011, and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies, and WHEREAS, the Auburn City Council find that the proposed amendments provides a new process, through incentives, for larger institutional and commercial uses to develop phased projects and engage in long term planning efforts Ordinance No 6385 November 3 2011 Page 2 of 12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Amendment to City Code. That section 14 03 010 of the Auburn City Code be and the same hereby is amended to read as follows 14.03 010 Type ! decisions. Type I decisions are administrative decisions made by the city which are not subject to environmental review under the State Environmental Policy Act (SEPA) codified at Chapter 43 21C RCW Type I decisions include, but are not limited to, the following project applications A. Building permit; B Plumbing permit; C Mechanical permit; D Utility permit; E Special permit; F Excavation permit; G Land clearing permit; H Grading permit; I Floodplain development permit; J Public facility extension agreement; K. Right-of-way use permit; L. Lot line adjustment; M Home occupation permit; N Temporary use permit (administrative), 0 Administrative use permit; P Short subdivision (plat), Q Mobile home closure plans R. Extensions or minor amendment to an approved master plan (Ord 6295 § 1, 2010, Ord 5746 § 2, 2003, Ord 4835 § 1, 1996 ) Section 2. That section 14 03 030 of the Auburn City Code be and the same hereby is amended to read as follows 14.03.030 Type III decisions. Type III decisions are quasi-judicial final decisions made by the hearing examiner following a recommendation by staff Type III decisions include, but are not limited to, the following project applications A. Temporary use permit; B Substantial shoreline development permit; Ordinance No. 6385 November 3 2011 Page 3 of 12 lf.r 4 C Variance, D Special exceptions, E. Special home occupation permit; F Preliminary plat; G Conditional use permit; H Surface mining permit I. Master Plan (Ord 6295 § 1, 2010, Ord 6184 § 3, 2008, Ord 4835 § 1, 1996 ) Section 3. That a new Chapter 18 53 of the Auburn City Code be and the same hereby is created to read as follows Chapter 18.53 Master Plans Sections 18 53 010 Intent 18 53 020 Applicability 18 53 030 Approval Process and Effect of Approved Master Plan 18 53 040 Public Participation 18 53 050 Decision Criteria 18 53 060 Components of the Master Plan 18 53 070 Incentive Based Approach 18 53 080 Extensions 18 53 090 Revocations 18.53 010 Intent. A. This Chapter establishes standards and criteria for the development of a Master Plan The provisions of this Chapter are voluntary and incentive-based B The master plan is intended to establish conditions with which all concurrent and subsequent land use approvals implementing the master plan shall comply The master plan process provides long term guidance for a large area so that the continuity of the overall development is maintained The process allows for development to occur in phases where coordination of public facilities is needed, when a master plan is needed to determine how best to develop the area, or when a master plan is needed to integrate various uses C Use of a Master Plan is intended to recognize the valuable role played by public facilities such as educational and religious institutions as well as large scale commercial development providing the community with needed services Ordinance No. 6385 November 3, 2011 Page 4 of 12 D This Chapter provides the vehicle for large-scale, multi-phased developments by obtaining conceptual approval of several projects at one time and coordinating future provisions of infrastructure capacity It allows the City to plan for the extension/expansion of public infrastructure in a timely and efficient manner E The processes in this Chapter provide opportunities for adjacent property owners, homeowner associations, and businesses to evaluate the cumulative impacts associated with the full build out of large scale public facilities and commercial developments They allow for public input on the design and development standards of these projects to minimize impacts to adjacent properties and protect the character of the surrounding areas They also ensure that large scale public facilities and commercial developments are compatible with community character and values 18.53 020 Applicability A. Institutional Uses such as community colleges, religious institutions, or public/private schools on properties 5 acres or greater may apply for a master plan B Commercial or mixed-use projects on properties 10 acres or greater where the applicant plans a phased development over several years may apply for a master plan C Property included within the master plan shall be under the same ownership or a signed agreement must establish control over multiple ownerships D A master plan application may be combined with other applications such as a rezone or preliminary plat. 18.53.030 Approval Process and Effects of Approved Master Plan A. The initial approval of a master plan shall be a Type III Decision as provided for in ACC Section 14 03 030 B The master plan can be approved for a maximum ten years with a review by the City at year five At year five, the City will review the following 1 Whether the phasing established under the original master plan still meets the needs of the applicant. 2 Whether traffic substantially changed within the first five years of the master plan to an extent that would warrant additional review and mitigation C No later than six months prior to the end of the fifth year in the master plan, the applicant shall conduct a neighborhood review meeting pursuant to ACC 18 02 130 D The master plan, including any approved extension, vests as to the uses and standards contained in the master plan for the period of approval except for development regulations related to public health and safety issues, including but not limited to building codes, fire codes, mechanical codes, Ordinance No. 6385 November 3 2011 Page 5 of 12 plumbing codes, electrical codes, and property maintenance codes, which shall vest upon the City's acceptance of a completed permit application for each specific permit. The City reserves the authority to impose new or different officially adopted regulations if, and to the extent required by, a serious threat to the public health and safety, as determined by the City The City also reserves the authority to impose new or different officially adopted regulations, if federal or state laws require new or different standards E Subsequent project applications shall be consistent with the master plan F The master plan will be treated as a single site for purposes of calculating impact fee credits per Section 19 04 060 18.53 040 Public Participation A. The applicant shall conduct at a minimum one neighborhood meeting as provided for in ACC Section 18 02 130 prior to the submittal of a master plan application B Public notification shall be provided in accordance with ACC Section 14 07 040, except that notices shall be mailed to property owners within 500 feet of the project site 18.53 050 Decision Criteria A. The proposed master plan shall be consistent with the Auburn Comprehensive Plan B The proposed master plan shall comply with all applicable city codes If the proposal incorporates elements from the incentive-based approach outlined in Section 18 53 060, development standards may be different from that of the underlying zone C There shall be sufficient capacity in the public transportation system to support the development of all phases of the master plan either through existing infrastructure, planned and programmed City improvements that are included in the CIP to the transportation network (e g concurrency), and additional improvements proposed in the master plan D The master plan shall include provisions for the availability of public services such as transportation, water, sanitary sewer, storm drainage, police, fire, and transit. E The master plan shall show how the proposal protects designated resources such as significant trees and critical areas, if applicable, in compliance with city code F All potential off-site impacts such as noise, glare, and traffic shall be identified and mitigated to the extent practicable to bring the project within adopted City standards Ordinance No. 6385 November 3, 2011 Page 6 of 12 G The proposed master plan shall be integrated with adjacent land uses through site design, landscaping, parking/traffic management, and multi-modal transportation elements that limit potential conflicts between the proposed use(s) and adjacent uses 18.53 060 Components of the Master Plan The applicant shall submit a master plan application with the following components and meeting the requirements on the applicable checklist. The review body (e g Hearing Examiner) may modify the proposal, particularly those portions dealing with development standards and review procedures A. The current and possible future boundaries, including the boundaries of each phase, of the use for the duration of the master plan B A narrative that addresses the following 1 The decision criteria outlined in ACC Section 18 53 050 2 Description of present uses, affiliated uses, proposed uses, and possible future uses for the project boundaries 3 Description of present uses and affiliated uses for the adjacent properties 4 If residential units are proposed then minimum and maximum floor areas, densities, and number of units shall be identified 5 If office and/or commercial is proposed then minimum and maximum floor area ratios shall be identified C A conceptual site plan shall be submitted meeting the requirements of the applicable checklist. D A conceptual open space/recreation plan showing tree retention and removal, recreation areas (if residential units are proposed,) and view corridors if applicable E Proposed standards that will control development of the possible future uses that are in addition to or substitute for the requirements of the underlying zone The proposed standards will need to include at a minimum 1 Height 2 Setbacks 3 Floor Area Ratio limits 4 Landscaping requirements 5 Parking requirements 6 Signage 7 View corridors 8 Facade treatments 9 Other architectural design controls F Proposed development phases, probable sequence for proposed developments, estimated dates, and interim uses of the property awaiting development. The plan shall also address any proposed temporary uses or locations of uses during construction periods Ordinance No 6385 November 3, 2011 Page 7 of 12 G Information on the following items for each phase 1 Traffic impact analysis that add_resses the requirements outlined in the City's Engineering Design Standards 2 Non-motorized plan showing pedestrian and bicycle connections before, during, and after implementation of the master plan 3 Parking study that shows the projected peak parking demand, an analysis of this demand compared to proposed on-site and off-site parking supply, potential impacts to the on-street parking system if applicable, and proposed mitigation measures 4 Circulation plan for all modes of transportation including the following a The planned street system shall be compatible with the City's Comprehensive Transportation Plan and Engineering Design Standards Development that is proposed in areas of the City that have a planned street system, which is a part of the comprehensive plan or the City's six- year plan, and any other street plan, shall make provisions for such streets and must not cause implementation of such street plans to become unattainable b Master Plans that are proposed in areas of the City that have planned routes or facilities for bicycles, equestrian, or other non-motorized transportation mode which are a part of the comprehensive plan or the City's six-year plan, and any other street plan,,shall make provisions for such routes and must not prevent implementation of such routes c. When abutting vacant or underdeveloped land, new development shall provide the opportunity for future connection to its interior pathway system through the use of pathway stub-outs, building configuration, or parking lot layout. The proposed location of future non-motorized and pedestrian connections shall be reviewed in conjunction with applicable development approval d Developments shall include an integrated non-motorized circulation system that connects buildings, open spaces, and parking areas with the adjacent street sidewalk system e Pedestrian connections to existing or proposed trails/pedestrian routes on adjacent properties shall be provided unless there are physical constraints such as sensitive areas that preclude the construction of a pedestrian connection 5 The planned water, sanitary sewer, and storm drainage systems compatible with the City's Comprehensive Utility Plans and in conformance with the City's engineering design standards The conceptual utility plans shall contain sufficient information to demonstrate that the system layouts and methods of service are feasible The City may also require additional design information (e g a preliminary drainage analysis) prior to approving the conceptual plans 18.53.070 Incentive Based Approach Ordinance No. 6385 November 3 2011 Page 8 of 12 Master plans are not a required process for large-scale developments. However, master plans provide the vehicle for large-scale, multi-phased developments to obtain conceptual approval of several projects at one time coordinating future provisions of infrastructure, gather early public input, and provide the applicant with a certain level of certainty for a multi-phased project. The following table outlines incentives for establishing a master plan and can be cumulative incentives Table 18.53.070 1 Incentives 1' Complete a master plan • Expedited permit review • Parking reductions • Expedited reviews for tenants 2 Building(s) comply with the • One additional story beyond the International Green Building Code 1 maximum height for the underlying zone for 50 percent of the buildings in the development. The applicant may also submit for a 50% refund in the building plan review and inspection fees once the minimum certification is achieved 3 Inclusion of accessible public open • Reduction in required spaces/plazas and/or sustainable landscaping landscaping approaches • Less inspection/reporting (if possible) 4 At least 50 % of the off-street • One additional story beyond the parking'for the development is maximum height for the located in parking structures, some underlying zone for all buildings or all of which may be above-grade in the development as long as the parking garage does • Residential floor area of up to not front a public street. If the 4 0 ratio parking garage does front a public • Reduction in minimum parking street, then the following standards standard apply. a Include ground level details such as plinths for columns, projecting window sills, kickplates b Upper levels screened architecturally with at least 1 The International Green Building Code would need to be adopted by reference in Chapter 15.06 Ordinance No 6385 November 3, 2011 Page 9 of 12 [ 5 Use of Low Impact Development • Increased lot coverage than what is permitted in the underlying zoning if open spaces improved with swales, permeable pavement. 18.53.080 Extensions and Modifications A. An approved master plan may be extended beyond the ten years for a maximum of five additional years provided 1 The applicant shall submit a complete extension request to the city for review not later than one year prior to the ten year expiration date 2 The applicant shall demonstrate that the additional time frame is needed to complete the phasing of the original approved master plan 3 The applicant shall demonstrate that there will not be any additional impacts created by extending the time frame B An approved master plan may be modified as follows 1 A minor amendment to an approved master plan may be applied for as a miscellaneous administrative decision processed as a Type I decision pursuant to ACC 14 03 010 A minor amendment is defined as not adding more than 20 percent to the gross square footage of the master plan Minor adjustments shall be reviewed for consistency with this chapter and the regulations of this title, as well as the following criteria a The adjustment maintains the design intent or purpose of the original approval, and b The adjustment maintains the quality of design or product established by the original approval, and c. The adjustment does not cause a significant environmental or land use impact on or beyond the site, and d The adjustment is not precluded by the terms of this title or by state law from being decided administratively; and e Circumstances render it impractical, unfeasible, or detrimental to the public interest to accomplish the subject condition or requirement of the master plan approval 2 Major amendments are those that, when determined by the planning director, substantially change the basic design, layout, open space or other requirements of the plat. When the planning director determines a change constitutes a major adjustment, a new application for a master plan is required and shall be processed as a new and separate application 18.53.090 Revocations A. The planning director or designee may revoke or suspend any permit granted under this chapter if any of the following conditions is found to exist: 1 Fraud in obtaining the permit; Ordinance No 6385 November 3 2011 Page 10 of 12 l I 2 Concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports, 3 The operation is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit and the owner has failed to correct the violation after proper notice thereof B The planning director's or designee's decision can be appealed pursuant to Section 14 13 010 and 18 70 050 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 5. 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 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law Ordinance No. 6385 November 3 2011 Page 11 of 12 NOV 21 2011 INTRODUCED PASSED NOV 21 2011 APPROVED NOV 21 2011 .01ry• , A = . • N 2 PETER B LEWIS MAYOR ATTEST 40,Q,.6.0_,..,k_ Danielle E Daskam, City Clerk APP' •VEDA' is ORM A �1 •�iel B Heid, i ' ' 'They Published �(IV Z S t �t I Ordinance No 6385 November 3 2011 Page 12 of 12