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Home My WebLink About10-08-2012 Agenda Packet Planning and Community Development October 8, 2012 - 5:00 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Approval of Minutes - September 24, 2012* (Snyder) III.ACTION A. Resolution No. 4866* (Faber ) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to enter into a contract with Brad Rude to fabricate and install a Public art piece for the replacement of stolen artwork. IV.DISCUSSION ITEMS A. Comprehensive Downtown Auburn Parking Management Plan* (Yao) Review draft outline of the Table of Contents for the Comprehensive Downtown Auburn Parking Management Plan. B. Code Update Project Phase 2, Group 2* (Wagner) Discuss the Planning Commission's recommendation on proposed code amendments to Title 18 - Zoning, of the Auburn City Code related to non-residential zones (Code Update project - Phase 2 - Group 2). C. 4Culture Grant Opportunity* (Chamberlain) Update the Committee on a historic preservation grant opportunity for King County Interlocal cities. D. Director's Report (Snyder) E. PCDC Matrix* (Snyder) V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 1 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: Approval of Minutes - September 24, 2012 Date: October 2, 2012 Department: Planning and Development Attachments: Draft minutes - September 24, 2012 Budget Impact: $0 Administrative Recommendation: Planning and Development Committee to approve the minutes of the September 24, 2012 Planning and Development Committee meeting. Background Summary: For information only, see attached minutes. Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff:Snyder Meeting Date:October 8, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 77 Planning and Community Development September 24, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair Partridge and Member John Holman were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Advisor to the Mayor Michael Hursh, Human Services Specialist Kirsten Reynolds, Arts Coordinator Maija McKnight, and Planning Secretary Tina Kriss. Also present were: Robert Whale, Scott Pondelick, Spencer Alpert, and Human Services Committee members Chuck Booth, Barbara Derda, and Jason Berry. B. Announcements There were no announcements. 1. Joint Session with Human Services Committee (Hursh) Advisor to the Mayor Michael Hursh began by thanking the members of the Human Services Committee for their service and introduced the newest member of the Committee, Jason Berry, Executive Director of the YMCA in Auburn. Mr. Hursh expressed the Human Services Committee's appreciation for the strong support of Council in maintaining funding levels at a time of economic difficulty. This was the first year the Committee met with each funded agency for an onsite visit; not as an audit, but to become familiar with their processes, budget and program. Members of the committee and agencies felt they were able to express their appreciation for the work being done in the community and the funding agencies received, it was a beneficial process. The Human Services Committee was encouraged to discuss, debate, and review the information to make the funding Page 1 of 4 CA.A Page 3 of 77 recommendations. Approximately 46 programs will be recommended for funding in the 2013-2014 cycle and are in accordance with the five areas City Council set as priorities; roughly $1,000,000.00 will be used to funded these programs (funding is from General Fund and Community Development Block Grant funding). Members of the Human Services Committee expressed their appreciation for the leadership, organization, and direction from Mr. Hursh and Human Services Specialist Kirsten Reynolds. The Planning and Development Committee thanked the Human Services Committee for all of their selfless hours of dedication in identifying the agencies for funding. This is a heart tugging process to go through and the Planning and Development Committee is appreciative of their service. Chair Backus asked the Human Services Committee if they would like to meet with for a joint session more than one time per year. It was determined if a joint session is necessary more than once a year Mr. Hursh would contact staff for that request. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes - September 10, 2012 (Snyder) Vice-Chair Partridge moved and Member Holman seconded to approve the September 10, 2012 minutes as written. Motion carried unanimously. 3-0 III. ACTION A. Resolution No. 4859 (Faber) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to enter into a contract with Michael McLaughlin to design, fabricate, and install a Public art piece into the design at the New lea Hill Park. Arts Coordinator Maija McKnight explained that $30,000.00 in the 2012 capital facilities budget is dedicated to the creation of new public art. The public arts committee of the Auburn Arts Commission has selected artist Michael McLaughlin to develop artwork for the new Lea Hill Park. Committee expressed their support for this project. Page 2 of 4 CA.A Page 4 of 77 Vice-Chair Partridge moved and Member Holman seconded to move Resolution No. 4859 to full Council for approval. Motion unanimously carried. 3-0 IV. DISCUSSION ITEMS A. Downtown Sculpture Gallery Art Selection Recommendations (Chamberlain/McKnight) Planning Manager Elizabeth Chamberlain spoke on the Downtown Sculpture Gallery Art Selection Recommendations. The City is constructing seven pedestals within Downtown Auburn for placement of sculpture art. The sculpture art will be displayed on a temporary basis for one year then another round of artist selection will take place. Construction has started on the bases; the sculptures will be installed by the artist mid October with the goal to have all the art work installed by the first part of November. Arts Coordinator Maija McKnight explained only one sculpture would be selected from an artist. A Call to Artists was issued on July 23, 2012. The City received 30 submittals from 17 artists. On September 12, 2012, the City’s Arts Commission met to review the sculpture submittals and select seven sculpture pieces. Arts Coordinator McKnight stated the Arts Commission will be brainstorming on how to integrate the sculptures as part of the art walk with public voting on the favorite pieces. Planning Director Snyder stated as a way to interest the public and showcase the images staff can submit a press release. After reviewing photos of the sculptures, the Committee concurred with the Arts Commission recommendations and stated they are encouraged by the variety of shapes and sizes submitted. B. City Hall Phase 1 Remodel Project Bid Results (Snyder) Director Snyder explained Council had previously approved for the Mayor to enter into a contract with the apparent low bidder for the City Hall Phase 1 Project; the remodeling of the second floor work space and City Hall HVAC upgrade. The project bid opening was on September 20, 2012. Project/Construction Manager Steve Burke provided the Committee with the bid tab for City Hall remodel – Phase 1, Project No. CP1009. Lincoln Construction, Inc. provided the low bid at $605, 274.00. Director Snyder stated the City’s estimate was $750,000.00 to $800,000.00. City Council has previously budgeted the funds for this project. Page 3 of 4 CA.A Page 5 of 77 Manager Burke stated the project timeline is to issue a Notice to Proceed on October 1, 2012 with construction being completed by the end of the year. Committee was supportive of this project. C. Director's Report (Snyder) Director Snyder reported the City received a request asking for documentation in terms of City development statistics. To show as comparison, the City is very busy with a lot of active development. In 2011 the City issued 164 single family residential permits. In 2012 the City issued 287 single family residential permits with a total of 332 submitted. The City has issued 179 commercial permits in 2012 with a valuation of $54,000,000.00. In 2011 the City issued 252 permits with a valuation of $41,000,000.00. The City has received five commercial applications in 2012 (not yet issued) with a value of approximately $100,000,000.00. Committee will be provided a copy of the documentation. D. PCDC Matrix (Snyder) Committee reviewed the matrix. Committee had no changes or additions for the matrix. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 5:54 p.m. APPROVED THIS __________ DAY OF ___________, 2012. ________________________________ Nancy Backus - Chair ________________________________ Tina Kriss - Planning Secretary Page 4 of 4 CA.A Page 6 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4866 Date: October 2, 2012 Department: Parks/Art and Recreation Attachments: Resolution 4866 Exhibit A - Contract Budget Impact: $30,000 (fully insured) Administrative Recommendation: City Council approve Resolution No. 4866. Background Summary: In August 2012, 'The Long Look', a bronze sculpture located at Centennial Park was vandalized and stolen. The City desires to contract with artist to repair, re-build and install similar artwork. The artist, Brad Rude, created this artwork in 1992 and has found the original mold for the deer. The sculpture will be recast with additional security considerations and reclaim its perch atop the log at the park and its watch over the valley floor by Summer, 2013. Additional security measures that will be taken to protect "The Long Look" sculpture: • The artwork will be re-sited within the park to be more visible from the street. An initial location has been identified, but staff will consult with Police and Parks for the final location. • The bronze sculpture will have an internal frame running through the narrow areas and legs, making it difficult to saw through to steel. A light will be installed in proximity to the sculpture for night time illumination. Staff is looking into the possibility of installing a GPS tracking device within the bronze cavity in case there is a future occurrence of theft. Reviewed by Council Committees: Municipal Services, Planning And Community Development Other: Arts Commission Councilmember:Backus Staff:Faber Meeting Date:October 8, 2012 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 7 of 77 - - - - - - - Resolution No. 4866 October 2, 2012 Page 1 RESOLUTION NO. 4866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH BRAD RUDE TO FABRICATE, AND INSTALL A PUBLIC ART PIECE FOR THE REPLACEMENT OF A STOLEN ARTWORK WHEREAS, the City desires to contract with Artist to repair, re-build and install artwork (“Work”) for the Centennial Park and WHEREAS, the Artist was commissioned in 1992 for the creation of ‘The Long Look’ which was stolen and the City seeks to replace the sculpture with like work NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an agreement with Brad Rude to fabricate, and install the public art work, in substantial conformity with the agreement attached hereto and designated as Exhibit “A”, and incorporated by reference in this resolution. Section 2. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. ACT.A Page 8 of 77 - - - - - - - Resolution No. 4866 October 2, 2012 Page 2 SIGNED and DATED this ______ day of October, 2012. CITY OF AUBURN ________________________________ PETER B. LEWIS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid, City Attorney ACT.A Page 9 of 77 EXHIBIT A Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 1 of 6 AGREEMENT FOR ARTWORK This Agreement is made and entered into this _____ day of __________, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington (“City”) and Brad Rude, whose address is 7852 Mill Creek road, Walla Walla, WA 99362 herein referred to as “ARTIST”. WHEREAS, the City desires to contract with Artist to repair, re-build and install artwork (“Work”) for the Centennial Park and WHEREAS, the Artist was commissioned in 1992 for the creation of The Long Look which was stolen and the City seeks to replace the sculpture with like work NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS: I. ARTICLE 1. SCOPE OF SERVICE 1.1 GENERAL The Artist shall, in consultation with Auburn Parks, Arts & Recreation Staff and Auburn Arts Commission. The artist is expected to coordinate the design, fabrication and installation with the site project team and the Auburn Parks, Arts & Recreation and Auburn Arts Commission. The Artist shall be responsible for all services and shall furnish all supplies, material, and equipment as necessary for the design, execution, fabrication, transportation and installation of the Work at the Site. The Artist shall be responsible for the pick-up of the remaining parts of the original sculpture that were not taken. . 1.2 EXECUTION OF WORK The Artist shall approach the project accordance with the approved model and/or drawings provided, which will be recommended by the City of Auburn Arts Commission for approval by the Auburn City Council. A. The Artist shall provide all labor and materials necessary to: 1. Produce and complete a finished work of art; 2. Deliver the artwork; 3. Install the artwork in accordance with the agreed upon schedule B. The Artist will seek out regular updates from the City on deadline relevant to the art project. C. The City shall have the right to review the Work at reasonable times during fabrication D. The Work shall be completed and installed at the site in compliance with City codes and with approved Work installation scheduled by the City. 1.4 DELIVERY AND INSTALLATION A. The Artist shall deliver and install the completed Work at the site in compliance with the schedule set forth by mutual agreement by the City and the Artist. B. The City shall approve installation plans presented by the Artist prior to installation C. Site installation shall be prepared by the City per Artist specifications D. During installation, the artist shall secure the Site and ensure the safety of the public and the Work. The City shall determine when installation is complete and shall inspect Site during installation. 1.5 POST-INSTALLATION ACT.A Page 10 of 77 Resolution XXX – Brad Rude Agreement for Public Art – The Long Look Page 2 of 6 A. The City will provide photo documentation of the Work for City files. The City will provide a copy of this documentation to the Artist. B. The Artist shall be available at such time or times as may be agreed between the City and the Artist to participate any presentation ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work. C. Upon installation of the Work, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work. 1.6 FINAL ACCEPTANCE A. The Artist shall advise the City in writing when all services required have been completed in substantial conformity as presented to the Public Art Subcommittee. B. The City shall notify the Artist in writing of its final acceptance of the Work. 1.7 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance, including any protective measures necessary to prevent damage to the Work during construction of the Center. 1.8 INDEMNIFICATION The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature arising out of the performance of the Work and the obligations contained in this Agreement on the part of the Artist, the Artist’s agents, representatives, and employees except where such claims arise solely from the negligent acts of the City, its agents, representatives, or employees. 1.9 TITLE Title to the Work shall pass to the City upon final acceptance. 1.10 OWNERSHIP OF DOCUMENTS, MODELS Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist. 1.11 INSURANCE The Artist agrees to obtain, and maintain during the term of this agreement comprehensive liability insurance in minimum amounts of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence to protect the City, its agents, officers, and employees from any claims by any person for damage to persons or property arising out of or resulting from the Artist’s performance under this Agreement. The insurance policy shall name the City OF AUBURN as additionally insured. The policy shall require a minimum of thirty (30) days prior written notice to the City of any cancellation or expiration of the policy or any modification of any provisions of the policy. The Artist shall be required to provide a Certificate of Insurance to the City prior to commencing performance under the terms of this Agreement. 1.12 INDEPENDENT CONTRACTOR/ASSIGNMENT The parties agree and understand that the Artist is an independent contractor and not the agent or employee of the City and that no liability shall attach to the City by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the City. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 FEE ACT.A Page 11 of 77 Resolution XXX – Brad Rude Agreement for Public Art – The Long Look Page 3 of 6 The City shall pay the Artist for satisfactory completion of the artwork in the total fixed amount of $30,000.00 (thirty thousand and no/100 U.S. Dollars) which shall constitute full compensation for all services, engineering permits and materials to be performed and furnished by the Artist under this Agreement. All fees shall be paid in accordance with standard City business practices. At each fee/fabrication Phase outlined above, the Artist will submit a brief written report and invoice the City at that time. 2.2 PAYMENT The first payment of 1/3 of $30,000. ($10,000.00) will be paid by the City to the Artist upon signing this Agreement. The second payment of 1/3 of $30,000 ($10,000.00) will be paid by the City to the Artist upon completion of fabrication. The final payment of the remaining 1/3 of $30,000 ($10,000.00) shall be made to Artist no later than ten (10) days after the delivery and installation as specified in this Agreement by Artist. 2.2 TAXES The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the Work as a result of performance under this contract. Artist understand that taxes are included in the agreed upon fee set forth in Article 2.1. 2.3 ARTIST EXPENSES The Artist shall be responsible for the payment of all shipping charges, the costs of transporting the Work to the Site, the costs of all travel by the Artist and the Artist’s agents and employees necessary for the proper performance of the services required under this Agreement, and all other expenses related to the performance of this Agreement. ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the Artist shall be completed by September 2013. ARTICLE 4. WARRANTIES 4.1 WARRANTIES OF TITLE The Artist represents and warrants that: (a) the Work is solely the result of the Artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; (c) the Work has not, or a duplicate thereof has not, been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from any source whatever. 4.2 WARRANTIES OF QUALITY AND CONDITION The Artist represents and warrants, except as otherwise disclosed to the City in writing and in connection with submission of the Proposal, that the execution and fabrication of the Work will be performed in a workmanlike manner; and the Work as fabricated and installed, will be free of defects in material and workmanship; and reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist. The warranties described in this section shall survive for a period of three (3) years after the final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards. ARTICLE 5. REPRODUCTION RIGHTS 5.1 GENERAL The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the Work except ownership and possession and except as such rights are limited by this Section. In view of the ACT.A Page 12 of 77 Resolution XXX – Brad Rude Agreement for Public Art – The Long Look Page 4 of 6 intention that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, three-dimensional reproductions of the final Work nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an irrevocable license to make representative photographic reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in brochures, media publicity, note cards, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the Work. 5.2 NOTICE All reproductions by the City shall contain a credit to the Artist in the following form: “Title,” “year”, “Artist”. 5.3 CREDIT TO THE CITY The Artist shall use his best efforts to give a credit reading substantially, “An original Work owned and commissioned by the City of Auburn, Washington” in any public showing under the Artist’ control of the reproductions of the Work. ARTICLE 6. ARTIST’S RIGHTS 6.1 IDENTIFICATION The City will provide a plaque(s) to be delivered to the Artist prior to installation. The Artist shall provide to the City, for review and approval, specified plaque dimensions six (6) weeks prior to the installation. The plaque identifying the work as outlined in Article 5.2 shall be installed by the City. 6.2 MAINTENANCE The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall make reasonable efforts to assure that the Work is properly maintained and protected, taking into account the instructions of the Artist provided in the maintenance agreement and shall make reasonable efforts to protect and maintain the Work against the ravages of time, vandalism, and the elements. 6.3 REPAIRS AND RESTORATION The City shall have the right to determine when and if repairs and restorations to the Work will be made. The Artist shall not unreasonably withhold approval for any repair or restoration of the Work. If the Artist unreasonably fails to approve any repair or restoration, the City shall have the right to make such repair or restoration. 6.4 DEACCESSIONING OF THE WORK In the circumstance where a commissioned artwork is physically part of the building or landscape and it is not an independent object(s) that can be safely removed, the City may require the Artist to waive VARA (Visual Artists Rights Act of 1990) in regards only to the destruction of the artwork. Prior to the destruction of the artwork, the City will attempt to contact the Artist and secure the situation. In the event that the remodeling of the building or landscape destroys part of the artwork, the City will de-access the artwork and, at the request of the Artist, remove any attribution to the Artist. The City reserves the right to de-access artwork under the following conditions: A. The Site or landscape is structurally or otherwise altered and can no longer accommodate the Work, B. The portion of the Site or landscape in which the Work is located is made publicly inaccessible as a result of new construction, demolition, or security enhancement, or has its surrounding environment altered in a way that significantly and adversely impacts the Work. C. The Site is sold or acquired by an entity other than City of Auburn. D. There is a documented history of incident(s) that shows the Work is a threat to public safety. ACT.A Page 13 of 77 Resolution XXX – Brad Rude Agreement for Public Art – The Long Look Page 5 of 6 6.5 PERMANENT RECORD The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 6.6 ARTIST ADDRESS The Artist shall notify the City of changes in his/her address. The failure to do so within 30 days of said change, if such failure prevents the City from locating or notifying the Artist where required under the terms of this Agreement, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Article 6 that require the express approval of the Artist. ARTICLE 7. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap. ARTICLE 8. NOTICES Any notice required or permitted under this Agreement may be personally served or given in writing and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows Auburn Arts Commission City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 Telephone” 253-931-3043 Brad Rude 7852 Mill Creek Road Walla Walla, WA 99362 brad@bradrude.com 509-520-3098 (cell) 509-525-0240 (home) Either party may, by like notice at any time, designate a different address to which notices shall be sent. Notice in accordance with these provisions shall be deemed received when mailed. ARTICLE 9. TERMINATION Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, models, and other work products under this Agreement shall become the City’s property. The City shall compensate the Artist for all work as performed prior to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. ARTICLE 10. GENERAL PROVISIONS 10.1 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. 10.2 APPLICABLE LAW ACT.A Page 14 of 77 Resolution XXX – Brad Rude Agreement for Public Art – The Long Look Page 6 of 6 This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. 10.3 COSTS TO PREVAILING PARTY In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney’s fees. 10.4 COMPLIANCE WITH APPLICABLE LAWS In the performance of the Work, the Artist agrees to comply with all applicable state and local laws, rules, and regulations. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney ARTIST ______________________________________ Brad Rude Tax #:___________________________ ACT.A Page 15 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: Comprehensive Downtown Auburn Parking Management Plan Date: October 2, 2012 Department: Planning and Development Attachments: Memorandum Attachment 1 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Planning And Community Development Other: Planning Councilmember:Backus Staff:Yao Meeting Date:October 8, 2012 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 16 of 77 Memorandum To: Nancy Backus, Chair, Planning and Community Development Committee John Partridge, Vice-Chair, Planning and Community Development Committee John Holman, Member, Planning and Community Development Committee From: Kevin Snyder, AICP, Director of Planning and Development Department Elizabeth Chamberlain, AICP, Planning Manager Gary Yao, Planning Intern Date: October 3, 2012 Re: Review draft outline of the Table of Contents for the Comprehensive Downtown Auburn Parking Management Plan, Task 3 (Public Parking Methods) of the Draft Work Plan. Background Work on the Comprehensive Downtown Parking Management Plan commenced in August 2011 per approval of the Draft Work Plan by PCDC on July 11, 2011. Continuing from the Draft DUC On-Street and Off-Street Parking Supply and Demand Analysis (Task 1) presented to PCDC in October 2011 and the Draft Downtown Parking Survey Report presented to PCDC in July 2012, the Comprehensive Downtown Parking Management Plan draft table of contents, which includes potential parking management strategies, is a deliverable of Task 3 (Public Parking Methods). Comprehensive Downtown Auburn Parking Management Plan – Draft Table of Contents The draft Table of Contents begins with an overview of the purpose, approach, and guiding principles of the management plan. The proposed plan outline then moves into the City’s parking system organization, management of parking, and operations/maintenance of the parking system. Parking management strategies are then summarized and these strategies will be based on the public outreach, feedback from surveys, and staff’s experience related to parking. There will be a discussion on public parking versus private parking, how to address special event parking, transportation demand management strategies, and then closing with recommendations and action plan. Discussion At the October 8, 2012 PCDC meeting, staff requests Committee feedback to further refine the draft table of contents for the Comprehensive Downtown Auburn Parking Management Plan. To assist in the Committee’s discussion, staff has prepared the following questions: DI.A Page 17 of 77 1. Does the Committee concur with general plan outline and table of contents? If not, what recommended changes does the Committee have? 2. Does the general scope of the table of contents address the issues raised regarding parking in downtown Auburn? 3. Are there any other potential parking strategies that the Committee would like to have staff evaluate in the next iteration of the plan’s development? 4. What other questions or information would the Committee like regarding this issue? Attachment: 1. Draft Table of Contents, Comprehensive Downtown Parking Management Plan DI.A Page 18 of 77 Attachment 1 1 Comprehensive Downtown Auburn Parking Management Plan OVERVIEW: The Comprehensive Auburn Downtown Parking Management Plan is intended to address immediate to long-term management strategies as development downtown continues to create a distinctly urban, compact, walkable mixed use district as currently envisioned through the City’s Comprehensive Plan. The Plan will provide a focused, comprehensive strategy for managing off-street and on-street parking within the Downtown Urban Center and key adjacent areas that will respect and support the needs and interests of businesses, residents, customers and visitors. In addition, the Plan will promote readily available customer parking to support downtown merchants; offer management strategies and solutions for daily short-term and long- term parking needs downtown; create specific management strategies for on-street parking in the Downtown Urban Center and surrounding areas that will direct and resolve existing and future conflicts; foster partnerships with business owners to manage and direct the predictable parking demand factors and implement effective marketing and communication strategies that will increase user understanding and awareness of parking opportunities. The Plan will also address other issues such as pedestrian walkability, non-motorized bicycle transportation, transportation demand management strategies and future infrastructure investments in surface or structured parking facilities TABLE OF CONTENTS: EXECUTIVE SUMMARY……………………………………………………………………………. 1.0 INTRODUCTION 1.01. Plan Purpose and Approach ........................................................................................... 1.02. Project Study Area .......................................................................................................... 1.03. Preliminary Parking and Mobility Management Guiding Principles ................................ 1.04. Public Input ..................................................................................................................... 2.0 PARKING SYSTEM ORGANIZATION, MANAGEMENT, AND PLANNING 2.01. Parking System Organization and Management ............................................................ 2.02. Parking System Planning ................................................................................................ 3.0 PARKING SYSTEM OPERATIONS AND MAINTENANCE 3.01. Daily Parking Operations ................................................................................................. 3.02. Parking Enforcement – Downtown Parking Ambassadors ............................................... 3.03. Parking Rates, Fees, and Fines ....................................................................................... 3.04. Parking Signage and Wayfinding ..................................................................................... 3.05. Parking Safety and Security ............................................................................................. 3.06. Parking Maintenance ........................................................................................................ 4.0 Parking Management Strategies........................................................................................ 4.01 Shared Parking ................................................................................................................... 4.02 Parking Regulation .............................................................................................................. 4.03 More Accurate and Flexible Standards ............................................................................... 4.04 Parking Maximums .............................................................................................................. 4.05 Remote Parking and Shuttle Service ................................................................................... 4.06 Smart Growth ....................................................................................................................... DI.A Page 19 of 77 2 4.07 Walking and Cycling Improvements .................................................................................... 4.08 Increase Capacity of Existing Parking Facilities .................................................................. 4.09 Mobility Management .......................................................................................................... 4.10 Parking Pricing .................................................................................................................... 4.11 Improve Parking Pricing Methods ....................................................................................... 4.12 Financial Incentives ............................................................................................................ 4.13 Unbundle Parking ............................................................................................................... 4.14 Bicycle Parking and Changing Facilities ............................................................................. 4.15 Improve User Information and Marketing ............................................................................ 4.16 Improve Enforcement and Control ...................................................................................... 4.17 Transportation Management Associations and Parking Brokerage .................................... 4.18 Overflow Parking Plans ....................................................................................................... 4.19 Address Spillover Problems ................................................................................................ 4.20 Improve Parking Facility Design and Operation .................................................................. 5.0 PUBLIC PARKING VERSUS PRIVATE PARKING............................................................... 5.01 Public Sector and Private Sector Investment Strategies……………………………………… 5.02 Future Infrastructure Investments in Surface or Structured Parking Facilities……………... 6.0 PARKING SYSTEM MARKETING AND COMMUNICATIONS……………………………….. 6.01 Communications Strategies………………………………………………………………………. 6.02 Marketing Strategies………………………………………………………………………………. New Employer/Employee/Tenant Outreach Strategies……………………………………….. Parking Map Programs…………………………………………………………………………… Public Parking Branding Opportunities…………………………………………………………. 7.0 SPECIAL EVENT PARKING OPERATIONS AND MANAGEMENT…………………………. 7.01. Introduction ......................................................................................................................... 7.02. Event Parking Supply ......................................................................................................... 7.03. Event Parking Operations and Management...................................................................... 8.0 TRANSPORTATION DEMAND MANAGEMENT (TDM) STRATEGIES………………….... 8.01 Introduction ......................................................................................................................... 8.02 Review of TDM Best Practices ........................................................................................... 8.03 Event Attendee Survey ....................................................................................................... 8.04 Downtown Commute Behavior ........................................................................................... 8.05 TDM Program Recommendations ...................................................................................... 9.0 RECOMMENDATIONS SUMMARY AND ACTION PLAN……………………………………. 9.01. Near-Term Recommendations .......................................................................................... 9.02. Short-Term Recommendations ......................................................................................... 9.03. Long-Term Recommendations .......................................................................................... APPENDICES………………………………………………………………………………………….. Downtown Urban Center On-Street and Off-Street Parking Supply and Demand Analysis Survey Results Public Open House (s) Summaries DI.A Page 20 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: Code Update Project Phase 2, Group 2 Date: October 2, 2012 Department: Planning and Development Attachments: Memorandum Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attachment memorandum. Reviewed by Council Committees: Planning And Community Development Other: Planning Commission Councilmember:Backus Staff:Wagner Meeting Date:October 8, 2012 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 21 of 77 Memorandum To: Councilmember Nancy Backus, Chair, Planning and Community Development Committee Councilmember John Partridge, Vice Chair, Planning and Community Development Committee Councilmember John Holman, Planning and Community Development Committee From: Stuart Wagner, AICP, Planner Planning and Development Department CC: Kevin Snyder, AICP, Planning and Development Director Elizabeth Chamberlain, AICP, Planning Manager Date: October 2, 2012 Re: Code Update Project – Phase 2, Group 2 Discussion of proposed code amendments for non-residential zones and Planning Commission’s Recommendation Background The Code Update Project began in September 2008 and is progressing in two phases. Phase 1, completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zones (Title 18 ACC) and chapters that regulate non-residential and multifamily developments. Because Phase 2 involved a number of zoning code amendments it was divided into two groupings. Group 1 was completed in December of 2011 and amended the following chapters in Title 18 ACC: Landscaping and Screening, Off-street Parking and Loading, and Variances, Special Exceptions and Administrative Appeals. Group 1 also added a new chapter related to Outdoor Lighting. The purpose of this memorandum is to present the zoning code amendments related to Group 2 and the Planning Commission’s recommendation. This grouping will add new definitions, consolidate many chapters that currently regulate the City’s non-residential zones (uses and development standards) and create a new chapter containing standards for specific land uses. Discussion A public hearing with the Planning Commission on the proposed code amendments was held on October 2, 2012. At the October 8, 2012 Planning and Community Development Committee meeting, staff will inform the committee members on the outcome of this hearing, any public testimony received, and the recommendation by the Planning Commission to the City Council. Attached to this memorandum are the zoning code amendments being reviewed by the Planning Commission. Due to the large number of code amendments proposed, staff has summarized them in a table (See Enclosure 1). In order to assist the Committee with how the DI.B Page 22 of 77 proposed amendments relate to the existing code and what was the basis for the changes made, staff has included a version with markups (underlined and comments added). If the Committee is satisfied with these code amendments, staff will return with an agenda bill and finalized ordinances for review prior to Council action. Attachments: 1. Table A: Code Update Project – Phase II – Group 2 - Summary of Changes 2. Auburn City Code Chapter 18.04 – Definitions (revised) 3. Auburn City Code Chapter 18.23 – Commercial and Industrial Zones (new) 4. Auburn City Code Chapter 18.35 – Special Purpose Zones (new) 5. Auburn City Code Chapter 18.57 – Standards for Specific Land Uses (new) 6. Planning Commission Agenda Bill - Staff Report DI.B Page 23 of 77 TABLE A: CODE UPDATE PROJECT – PHASE II – GROUP 2 - SUMMARY OF CHANGES Planning and Community Development - 10/08/12 Zoning Code Chapter Objective Action Chapter 18.04 Definitions - Amend - Provide an adequate set of definitions for the land uses the zoning code regulates. Twenty three (23) definitions have been added to Chapter 18.04. Many of the definitions are for land uses added to the code but others were created to bring clarification to existing ones. Chapter 18.23 Commercial and Industrial Zones - New - Improve development code readability and ease of use. The intent, uses, and development standards for the various commercial and industrial zones in the City have been placed in a single chapter (ACC 18.23). Previously each of these zones comprised a single chapter in the code. Convert land use provisions from a text format to a table format. Tables will show permitted vs. non-permitted uses. The tables will also indicate if an administrative or conditional use permit is required. A new land use table has been created that identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. (pg. 4 of 11) Delete outdated uses on the list; add uses that were not previously identified. The new land use table contains many land uses, divided by major land use categories i.e. Industrial and Manufacturing vs. Residential vs. Retail vs. Service, e.g. New uses include commercial recreational facilities, live/work or work/live unit, building and landscaping sales, outdoor displays and sales associated with a permitted use, fueling station, and others. (pg. 4-7) Consolidate retail uses into general retail categories. The current setup takes up a lot of space in the code. Currently the zoning code individually lists out retail uses in the City’s commercial zoning districts i.e. antiques, bicycles, clothing, household appliances, etc. Realizing that retail uses can range in size and have different intensities staff is proposing to capture each general retail use in the following manner: “Neighborhood retail establishment”, “Community retail establishment”, and “Regional retail establishment”. Each of these terms have been defined together with several examples provided. DI.B Page 24 of 77 TABLE A: CODE UPDATE PROJECT – PHASE II – GROUP 2 - SUMMARY OF CHANGES Planning and Community Development - 10/08/12 Zoning Code Chapter Objective Action Chapter 18.35 Special Purpose Zones - New - Improve development code readability and ease of use. The intent, uses and development standards for the residential office, residential office-hospital, institutional and public use zone have been placed in a single chapter (ACC 18.35). Previously each of these zones comprised a single chapter in the code. Convert land use provisions from a text format to a table format. See comment above. Chapter 18.57 Standards for Specific Land Uses - New - Regulations for a single land use are often found in two or more different sections. Create a chapter where all (specific) regulations can be found. Because regulations pertaining to particular uses are scattered throughout Title 18 it makes it hard for users to find them and determine which special regulations apply to a particular project. As part of the code update project, existing and new standards for specific land uses have been consolidated to a single chapter. Add specific standards for certain land uses within individual or multiple zones to mitigate their potential adverse impacts. Additional “existing” development standards for outdoor storage and warehousing and distribution uses have been carried over to this new chapter. New development standards (on siting, aesthetic, or operational) have been created for outdoor displays and sales, animal daycare, towing storage yards, automobile washes, e.g. DI.B Page 25 of 77 TABLE A: CODE UPDATE PROJECT – PHASE II – GROUP 2 - SUMMARY OF CHANGES Planning and Community Development - 10/08/12 Title 18 ZONING Chapters: 18.01 User Guide 18.02 General Provisions 18.04 Definitions - Amend 18.06 Repealed 18.07 Residential Zones 18.08 Northeast Auburn Special Area Plan and Auburn Gateway Planned Action 18.09 R-MHC Manufactured/Mobile Home Community Zone 18.10 Repealed 18.12 Repealed 18.14 Repealed 18.16 Repealed 18.18 Repealed 18.20 Repealed 18.21 Overlays 18.22 RO Residential Office and RO-H Residential Office-Hospital District To be repealed 18.23 Commercial and Industrial Zones - New 18.24 C-N Neighborhood Shopping District To be repealed 18.25 Infill Residential Development Standards 18.26 C-1 Light Commercial District To be repealed 18.28 C-2 Central Business District To be repealed 18.29 DUC Downtown Urban Center District 18.30 C-3 Heavy Commercial District To be repealed 18.31 C-4 Mixed Use Commercial District To be repealed 18.31 Supplemental Development Standards 18.32 M-1 Light Industrial District To be repealed 18.33 Environmental Park District To be repealed 18.34 M-2 Heavy Industrial District To be repealed 18.35 Special Purpose Zones - New 18.36 BP Business Park District 18.38 LF Airport Landing Field District 18.40 P-1 Public Use District To be repealed 18.42 UNC Unclassified Use District 18.44 I Institutional Use District To be repealed 18.45 Repealed 18.45A Repealed 18.46 Repealed 18.46A Temporary Uses 18.47 Electric Vehicle Infrastructure 18.48 Repealed 18.49 Flexible Development Alternatives 18.50 Landscaping and Screening 18.52 Off-Street Parking and Loading 18.53 Master Plans 18.54 Nonconforming Structures, Land and Uses 18.55 Outdoor Lighting 18.56 Signs 18.57 Standards for Specific Land Uses - New 18.58 Repealed 18.60 Home Occupations 18.62 Surface Mining 18.64 Administrative and Conditional Use Permits 18.66 Hearing Examiner - To be moved to Title 2 18.68 Amendments 18.69 Repealed 18.70 Variances, Special Exceptions, and Administrative Appeals 18.72 Administration and Enforcement 18.74 Location of Sexually Oriented Businesses 18.76 Planned Unit Development District (PUD) – Lakeland Hills South 18.78 Terrace View (TV) District DI.B Page 26 of 77 DRAFT Page | 1 9/21/12 CHAPTER 18.04 1 DEFINITIONS 2 3 18.04.192 Building and landscape materials sales. 4 “Building and landscape material sales” means a retail or wholesale establishment selling hardware, 5 lumber and other large building materials, plant materials, and other landscaping materials. 6 7 18.04.194 Building contractor, heavy. 8 “Building contractor, heavy” means businesses relating to the heavy construction trades including but not 9 limited to; excavation work, highway and street construction; heavy construction, masonry and concrete 10 work and water well drilling. These types of businesses generally have heavy equipment that may be 11 stored outside. 12 13 18.04.195 Building contractor, light. 14 “Building contractor, light” means businesses relating to the building trades including but not limited to: 15 plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and 16 flooring; roofing and sheet metal. 17 18 18.04.235.1 Caretaker apartment. 19 “Caretaker apartment” means an accessory housing unit that is permitted in association with a 20 commercial or industrial use where no residential dwelling exists, for the express purpose of providing a 21 housing unit for on-site security or operations personnel. 22 23 18.04.246 Commercial Recreation facility, Indoor. 24 “Commercial Recreation facility, Indoor” means a private for profit or non-profit establishment offering 25 recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly 26 enclosed in the building. Typical uses include athletic and health club, pool or billiard hall, indoor 27 swimming pool, bowling alley, skating rink or climbing gyms. 28 29 18.04.247 Commercial Recreation facility, Outdoor. 30 “Commercial Recreation facility, Outdoor” means a private for profit or non-profit establishment offering 31 recreation or providing entertainment or games of skill to the general public for a fee or charge where any 32 portion of the activity takes place in the open, excluding public parks. Typical uses include: thoroughbred 33 racetracks,; miniature golf; skateboard park; swimming and wading, therapeutic facilities; and tennis, 34 handball, basketball courts; batting cages, trampoline facilities. 35 36 18.04.248 Community retail establishment. 37 “Community retail establishment” means stores, shops and businesses either individually or in shared 38 space setting serving a geographic area of the City that engage in merchandise sales. 39 40 18.04.282 Convenience Store. 41 “Convenience store” means a small retail establishment that offers convenience goods for sale, such as 42 prepackaged food items, beverages, tobacco, personal care items, and other household goods and often 43 characterized by 24-hours a day operations. These stores can be part of a fueling station or an 44 independent facility. 45 46 18.04.283 Crematorium. 47 “Crematorium” means a facility for the burning of corpses, human or animal, to ashes either as a principal 48 use or as an accessory use. Crematoriums do not include establishments where incinerators are used to 49 dispose of toxic or hazardous materials, infectious materials or narcotics. 50 51 18.04.359 Entertainment, commercial. 52 “Entertainment, commercial” means spectator entertainment for commercial purposes. This use includes 53 theaters, concert halls, nightclubs, or comedy clubs, but does not include cabarets, licensed under 54 Section 5.20.140 (A)(3) of the City Code and adult entertainment, licensed under Chapter 5.30 of the City 55 Code. 56 DI.B Page 27 of 77 DRAFT Page | 2 9/21/12 1 18.04.395 Fueling station. 2 “Fueling station” means a retail business selling gasoline or other motor vehicle fuels primarily to 3 passenger vehicles. Includes alternative fuels and recharging facilities which are commercial facilities 4 offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., liquid propane 5 gas) as well as equipment to recharge electric powered vehicles. This classification includes customary 6 incidental activities when performed in conjunction with the sale of fuel, such as vehicle maintenance and 7 repair, vehicle washing, and electric vehicle battery swap-out, but excludes body and fender work or 8 repair of heavy trucks or vehicles. 9 10 18.04.527 Live/Work Unit. 11 “Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single 12 household in a structure, either single dwelling or multi-unit dwelling, that has been designed or 13 structurally modified to accommodate joint residential occupancy and work activity, and which includes: 14 A. A complete dwelling unit; and 15 B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. 16 The difference between a live/work unit and work/live unit [defined Section 18.04.913 of the City 17 Code] is that the "work" component of a live/work unit is secondary to its residential use, and may include 18 only commercial activities and pursuits that are compatible with the character of a quiet residential 19 environment, while the work component of a work/live unit is the primary use, to which the residential 20 component is secondary. 21 22 18.04.612 Manufacturing, assembling and packaging – heavy intensity. 23 “Manufacturing, assembling and packaging – heavy intensity” means a facility accommodating 24 manufacturing processes that involve and/or produce basic metals, building materials, chemicals, 25 fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the 26 intensity, scale, and/or characteristics of operation and materials used have the potential to result in 27 externalities or effects on surrounding land uses or the community. Examples of heavy intensity 28 manufacturing uses include, but are not limited to chemical products manufacturing, paving and roofing 29 materials manufacturing and glass products manufacturing. 30 31 18.04.614 Manufacturing, assembling and packaging – light intensity. 32 “Manufacturing, assembling and packaging – light intensity” means a facility accommodating 33 manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, 34 optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also 35 includes other establishments engaged in the assembly, fabrication, and conversion of already processed 36 raw materials into products, where the intensity, scale, and/or characteristics of operation and materials 37 used are unlikely to result in externalities or effects on surrounding land uses or the community because 38 they can be controlled within the building. Examples of light intensity manufacturing uses include, but are 39 not limited to clothing and fabric product manufacturing and food and beverage products. 40 41 18.04.616 Manufacturing, assembling and packaging - medium intensity. 42 “Manufacturing, assembling and packaging – medium intensity” means a facility accommodating 43 manufacturing processes that involve and/or produce building materials, fabricated metal products, 44 machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation 45 and materials used are greater than those classified under "Manufacturing, assembling and packaging – 46 Light intensity," but where externalities or effects on surrounding land uses or the community can typically 47 be reduced or avoided when appropriately located and developed. Examples of medium intensity 48 manufacturing uses include lumber and wood product manufacturing and stone and cut stone product 49 manufacturing. 50 51 18.04.635 Motor freight terminal. 52 “Motor freight terminal” means a facility with more than one (1) dock per five thousand (5,000) square feet 53 of warehouse, storage, or related use and used for either (1) the loading, unloading, dispensing, 54 receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (2) any other 55 location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited 56 DI.B Page 28 of 77 DRAFT Page | 3 9/21/12 cross-dock operations and does not include a package delivery service. Excludes buildings with six (6) or 1 fewer loading docks. 2 3 18.04.644.1 Neighborhood retail establishment. 4 “Neighborhood retail establishment” means stores and shops serving the immediate surrounding 5 neighborhood in which they are located, including but not limited to a beauty shop, laundry and dry 6 cleaning, sales of retail goods and such others of a similar nature. 7 8 18.04.745 Print and copy shop. 9 Print and copy shop means a facility for the custom reproduction of written or graphic materials on a 10 custom order basis for individuals or businesses. Typical processes include, but are not limited to, 11 photocopying, blueprint, facsimile sending and receiving, and including offset printing. 12 13 18.04.791 Regional retail establishment. 14 “Regional retail establishment” means a large scale retail establishment intended to serve customers 15 within and outside the City. A regional retailer may accommodate a wide range of retail commodities 16 (e.g., apparel and accessories, consumer electronics, hardware, building materials, sporting goods and 17 automotive supplies) 18 19 18.04.796 Repair services – equipment, appliances. 20 “Repair services – equipment, appliances” means repair of products, not to include vehicles or heavy 21 equipment. These uses include consumer repair services for individuals and households for items such 22 as household appliances, musical instruments, cameras, household electronic equipment, and similar 23 uses. 24 25 18.04.816 Shop. 26 “Shop” means a small retail establishment or a department in a large one offering a specified line of 27 goods or services 28 29 18.04.829 Store. 30 “Store” means a business establishment where usually diversified goods are kept for retail sale. 31 32 18.04.913 Work/live Unit. 33 “Work/live unit” means an integrated housing unit and working space, occupied and utilized by a single 34 household in a structure, either single dwelling or multi-unit dwelling, that has been designed or 35 structurally modified to accommodate joint residential occupancy and work activity, and which includes: 36 A. A complete dwelling unit; and 37 B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. 38 The difference between a work/live unit and live/work unit [defined Section 18.04.527 of the City 39 Code] is that the "work" component of a work /live unit is primary use, to which the residential use is 40 secondary, while the work component of a live/work unit is secondary to its residential use, and may 41 include only commercial activities and pursuits that are compatible with the character of a quiet residential 42 environment. 43 44 To be repealed 45 46 18.04.140 Automobile service station. 47 "Automobile service station" means a place of business where the primary business is the fueling of 48 vehicles. Automobile service stations have pumps and/or storage tanks from which liquid fuel and/or 49 lubricants are dispensed. Sales and installation of auto accessories, washing, polishing, inspections and 50 cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants. 51 Retail sales of food and grocery-related items may also be considered an incidental use. (Ord. 6245 § 3, 52 2009; Ord. 4229 § 2, 1987.) 53 54 DI.B Page 29 of 77 DRAFT Page | 1 9/5/12 CHAPTER 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of Commercial and Industrial Zones. 18.23.030 Uses. 18.23.040 Development standards. 18.23.050 Additional Development Standards for C-2 Central Business Zone. 18.23.060 Additional Development Standards for the EP, Environmental Park Zone. 18.23.010 Purpose. This Chapter lists the land uses that may be allowed within the commercial and industrial zones established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and provides basic and additional development standards for sites, buildings, and associated improvements. 18.23.020 Intent of Commercial and Industrial Zones. A. General. This section describes the intent for each of the city’s commercial and industrial zones. These intent statements are to be used to guide the interpretation of the regulations associated with each zone. The Planning Director is authorized to make interpretations of these regulations based on his/her analysis of them together with clear and objective reasons for such interpretation. B C-N, Neighborhood Shopping Center Zone. The C-N zone is intended to provide areas appropriate for neighborhood shopping establishments which provide limited retail business, service and office facilities for the convenience of residents of the neighborhood. A neighborhood shopping center is designed and located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the general land use pattern of the area to be served by the center. The protective standards contained in this chapter are intended to minimize any adverse effect of the neighborhood shopping center on nearby property values and to provide for safe and efficient use of the neighborhood shopping center itself. C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small to moderate scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians. D. C-2 Central Business District Zone. The intent of the C-2 zone is to set apart the portion of the city proximate to the center for financial, commercial, governmental, professional, and cultural activities. Uses in the C-2 zone have common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone encourages and provides amenities conducive to attracting pedestrians. E. C-3, Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside Note: All proposed code is underlined. DI.B Page 30 of 77 DRAFT Page | 2 9/5/12 activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this classification have potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. F. C-4, Mixed Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian oriented mix of retail, office, and limited multiple family residential uses. This classification is also intended to allow flexibility in design and the combination of uses that is responsive to market demands. The uses enumerated in this classification anticipate a mix of multiple family residential, retail, and office uses that are coordinated though a site-specific planning process. The multiple family residential must be located in a multistory building; the ground floor of which must contain a permitted use or combination of uses, other than parking, as listed in this chapter. Certain heavy commercial uses permitted in other commercial classifications are not permitted in this zone because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of environment that is conducive to this mix of uses. G. M-1, Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone. H. EP, Environmental Park Zone. The environmental park district is intended to allow uses in proximity to the Auburn Environmental Park that benefit from that location and will complement the park and its environmental focus. Uses allowed in this zone will focus upon medical, biotech and "green" technologies including energy conservation, engineering, water quality and similar uses. Other uses complementary to and supporting these uses are also allowed. Incorporation of sustainable design and green building practices will be a primary aspect of this zone. The construction of leadership in energy and environmental design (LEED) and built green certified buildings is encouraged and built green will be required for multiple-family dwellings. The city recognizes that much of the property in this zone was developed under earlier standards, so the goals of the district will be realized over a period of time as properties are redeveloped. I. M-2, Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses should not be located near residential development. While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic in conflict with the industrial uses. DI.B Page 31 of 77 DRAFT Page | 3 9/5/12 18.23.030 Uses A. General permit requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zones and the land use approval process required to establish each use. B. Requirements for certain specific land uses. Where the last column in Table 18.23.030 (“Standards for Specific Land Uses”) includes a reference to a code section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. DI.B Page 32 of 77 DRAFT Page | 4 9/5/12 Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted A – Administrative C - Conditional X - Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, light X X X P X P X P Building contractor, heavy X X X X X A X P Manufacturing, assembling and packaging – Light Intensity X X X P X P P P ACC 18.31.180 Manufacturing, assembling and packaging – Medium Intensity X X X A X P A P ACC 18.31.180 Manufacturing, assembling and packaging – Heavy Intensity X X X X X X X A ACC 18.31.180 Outdoor storage, incidental to principal permitted use on property X X X P X P P P ACC 18.57.020 A Storage - Personal household storage facility (mini-storage) X P X P X P X P ACC 18.57.020 B Warehousing and distribution X X X X X PC X PC ACC 18.57.020 C Wholesaling with on site retail as an incidental use (coffee, bakery, eg.) X X X P X P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation facility, Indoor X P P P P P P A Commercial recreation facility, Outdoor X X X A X P A A ACC 18.57.025 A Conference/convention facility X X A A X A X X Library, museum X A A A X A P X Meeting facility, public or private A P P P X A P A Movie theater, except drive-in X P P P P X X X Private school – specialized education/training (for profit) A A P P P P P P Religious Institutions, lot size less than one acre. A P P P A A A A Religious Institutions, lot size more than one acre C P P P A A A A Sexually oriented businesses X X X P X P X P ACC 18.74 Sports and entertainment assembly facility X X A A X A X A Studio - Art, dance, martial arts, music, etc. P P P P P P A A Denotes a change from the current zoning code Comment [s1]: Building contractor now broken out by light and heavy. See Chapter 18.04 Definitions Comment [s2]: Manufacturing, assembling, and packaging uses are now broken down by intensity – See Chapter 18.04 – Definitions. Comment [s3]: Captures all of the intensive manufacturing, processing, and assembling uses currently found in the M2 zone – See ACC 18.34.040 Comment [s4]: Previously outdoor storage was allowed as a stand alone use in the M2 zone. Now, it must be associated with a principal permitted use on the property Comment [s5]: Due to comprehensive plan policies adopted by the City Council December 2011. Comment [s6]: New use added to allow coffee roasters and bakeries (and similar) the ability to have retail on-site. Comment [s7]: Various recreational uses (indoor and outdoor) such as bowling alleys, gyms, mini golf, e.g .now fall under one of these categories. Comment [s8]: Library/museum listed as an administrative use to solicit comments from nearby businesses and residents. Comment [s9]: This new land use captures private schools (including trade schools) that want to locate in Auburn. DI.B Page 33 of 77 DRAFT Page | 5 9/5/12 Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted A – Administrative C - Conditional X - Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 RESIDENTIAL Caretaker apartment X P P P X P P P Live/Work or Work/Live unit X P P P P P P X Multiple-family dwellings as part of a mixed-use development X P P P P P P X ACC 18.57.030 A Multiple-family dwellings, stand alone X X X X X X X X ACC 18.57.030 B Nursing home, assisted living facility X P P P C X X X Senior housing X A A A X X X X RETAIL Building and landscape materials sales X X X P X P X P ACC 18.57.035.A Construction and heavy equipment sales and rental X X X X X A X P Convenience store A A P P X P P P Drive-through espresso stands X X X P X P X X Drive-through facility, including banks and restaurants A A A P P P X P ACC 18.52.040 Entertainment, commercial X A P P X A X A Groceries, specialty food stores P P P P P P P X ACC 18.57.035 B Nursery X X X P A P X P ACC 18.57.035 C Outdoor displays and sales associated with a permitted use (auto/vehicle sales not included in this category) P P P P P P P P ACC 18.57.035 D Restaurant, cafe, coffee shop P P P P P P P P Retail Community retail establishment A P P P P P X P Neighborhood retail establishment P P P P P P X P Regional retail establishment X X X P P P X A Tasting Room P P P P P P P P Tavern P P X P P P X A Wine production facility, small craft distillery, small craft brewery A P P P P P P P Denotes a change from the current zoning code Comment [s10]: New living arrangement that is growing in popularity (no commuting) Comment [s11]: Multifamily development can only occur if apart of a mixed-use development. This requirement will ensure tax generating uses occur in non-residential zones. See Chapter 18.57 Standards for Specific Land Uses for more information. Comment [s12]: Senior housing developments were not previously accounted for in non-residential zones. Added as an administrative use so the Planning Director can elevate to a public hearing (Hearing Examiner) if necessary. Comment [s13]: New use added to non- residential zones. Supplemental standards added to ensure the operation is aesthetically pleasing to the general public. Comment [s14]: New use added to non- residential uses. It is also defined in Chapter 18.04 – Definitions. Comment [s15]: “Drive-through espresso stands”, “entertainment, commercial” and “nursery” are new uses that have been added to non-residential zones. “entertainment, commercial is defined in Chapter 18.04 – Definitions. Comment [s16]: New use added to allow for outdoor displays and sales in front of stores (like Fred Meyer, Lowes, Coastal Farm and Supply, e.g.). Supplemental standards created that will control where and how high displays can go. Comment [s17]: The current zoning code individually lists out retail uses in the City’s commercial zones i.e. antiques, bicycles, clothing, household appliances, etc. Staff is proposing to capture each retail use as a neighborhood, community or regional retail establishment. Each of these terms have been defined in Chapter 18.04 – Definitions. DI.B Page 34 of 77 DRAFT Page | 6 9/5/12 Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted A – Administrative C - Conditional X - Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 SERVICES Animal daycare (excluding kennels and animal boarding) A A A P A P X P ACC 18.57.040 A Animal sales and services (excluding kennels and veterinary clinics) P P P P P P X P ACC 18.57.040 B Banking and related financial institutions, excluding drive- through facilities P P P P P P P P Catering service P P P P A P A P Daycare, including mini daycare, daycare center, preschools or nursery schools A P P P P P P X Dry cleaning and laundry service (personal) P P P P P P P P Equipment rental and leasing X X X P X P X P Kennel, animal boarding X X X A X A X A ACC 18.57.040 C Government facilities, this excludes offices and related uses that are permitted outright A A A A A A A A Hospital X P P P X XP X XP Lodging - Hotel or motel X P P P P A P A Medical – dental clinic P P P P P P X X Mortuary, funeral home, crematorium A P X P X P X X Personal service shops P P P P P P X X Pharmacies P P P P P X X X Print and copy shop P P P P P P X X Printing and publishing (of books, newspaper and other printed matter) X A P P P P P P Professional Offices P P P P P P P P Repair service - equipment, appliances X A P P P P X P ACC 18.57.040 D Veterinary clinic, animal hospital A P P P P P X X Denotes a change from the current zoning code Comment [sw18]: New use added to non- residential zones. Supplemental standards created to be compatible with surrounding properties. Comment [sw19]: New use added to non- residential zones. Comment [sw20]: New use added to non- residential zones. Supplemental standards created to be compatible with surrounding properties. Comment [sw21]: Hospitals are currently allowed within most commercial zones. Hospitals are not permitted in the M1, Light Industrial, M2, Heavy Industrial zones. Because the industrial zoned properties have a lot redevelopment potential and are close to arterial roads, hospitals are recommended to be permitted. Comment [sw22]: New use added to non- residential uses. It is also defined in Chapter 18.04 – Definitions. DI.B Page 35 of 77 DRAFT Page | 7 9/5/12 1 Any motor freight terminal, as defined by ACC 18.04.XXX, in existence as of the effective date of the ordinance codified in this section; is an outright permitted use in the M-1 and M-2 zone. Any maintenance, alterations and additions to an existing motor freight terminal which is consistent with ACC 18.23.040 – Development standards, is allowed, Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted A – Administrative C - Conditional X - Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2 TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and specialized transportation facility X X X A X P X P Broadcasting studio X P X P X P X P Heliport X X X C X C X C Motor freight terminal1 X X X X X X X X See Footnote No. 1 Parking facility, public or commercial, surface X P P P P P P X Parking facility, public or commercial, structured X P P P P P P X Towing storage yard X X X X X A X P ACC 18.57.045 A Utility transmission or distribution line or substation A A A A A A A A Wireless communication facility (WCF) - - - - - - - - ACC 18.04.912, ACC 18.31.100 VEHICLE SALES AND SERVICES Automobile washes (automatic, full or self-service) X A X P P P X P ACC 18.57.050 A Auto parts sales with installation services X A A P P P X P Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050 B Fueling station X A A P P P X P ACC 18.57.050 C Mobile home, boat, or RV sales X X X P X P X P Vehicle services - repair/body work X X A P X P X P ACC 18.57.050 D OTHER Any commercial use abutting a residential zone which has hours of operations outside of the following: Sunday: 9:00am to 10:00pm or Monday – Saturday: 7:00am to 10:00pm A A A A A A A A Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120 C.6 Unclassified uses P P P P P P P P Comment [sw23]: The City of Auburn Comprehensive Plan contains policies stating that warehouse and distribution land uses are not a preferred long term economic development and land use priority for industrial zoned areas in the City due to a loss of sales tax revenue associated with the State’s implementation of streamline sales tax legislation. Existing motor freight terminals, however, should be recognized. Comment [sw24]: A towing storage yard was never listed as a use in the non-residential zones. Comment [sw25]: New use added to non- residential zones. Supplemental standards created to be compatible with surrounding properties. Comment [sw26]: Replaces automobile service station (ACC 18.04.140) which is an outdated term. Fueling station is defined in Chapter 18.04 – Definitions. DI.B Page 36 of 77 DRAFT Page | 8 9/5/12 18.23.040 Development Standards A. Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Tables 18.23.040A (C-N, C-1, C-2, C-3, and C-4 Zone Development Standards ) and 18.23.040B (M-1, EP and M-2 Zone Development Standards ) and in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. These standards may be modified through either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC. Table 18.23.040A C-N, C-1, C-2, C-3, and C-4 Zone Development Standards Notes: (1) Residential uses: no minimum lot size, provided that residential density does not exceed 20 units per gross acre (This includes privately-owned open space tracts but excludes dedicated public roads). (2) A 25-foot setback is required when adjacent to a residential zone. Development Standard Requirement by Zone C-N Neighborhood Shopping Center C-1 Light Commercial C-2 Central Business C-3 Heavy Commercial C-4 Mixed Use Commercial Minimum lot Area 2 Acres None None None None (1) Minimum lot width, depth None None None None None Maximum lot coverage 55 percent None None None None Minimum Setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specific exceptions to these setback standards. Front 50 ft 20 ft None 20 ft 20 ft Side - Interior None (2) None (2) None None (2) None (2) Side – street 50 ft 15 ft None 15 ft 15 ft Rear None (2) None (2) None None (2) None (2) Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height Limitations - Exceptions) for specific height limit exceptions. Maximum height 30 ft 45 ft (3) ACC 18.23.050 75 ft 75 ft Additional Development Standards None None ACC 18.23.050 None None Fences and Hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Non- Conforming structures, land and uses. See Chapter 18.54 ACC Comment [sw27]: Increased height allowance in the C-3 and C-4 zones. Allows for wood-frame construction (above one or two stories of concrete) for four stories and more in building occupancies that range from business and mercantile to multi- family. DI.B Page 37 of 77 DRAFT Page | 9 9/5/12 (3) Buildings within the Auburn North Business Area, as established by Resolution No. 2283, may exceed 45 feet in one additional foot of setback is provided from each property line (or required minimum setback) for each foot the building exceeds 45 feet in height. Table 18.23.040B M-1, EP and M-2 Zone Development Standards Notes: (1) A 25 foot setback is required when adjacent to a residential zone. (2) Buildings may exceed 45 feet if one foot of setback is provided from each property line (or required minimum setback) for each foot the building exceeds 45 feet. 18.23.050 Additional Development Standards for C-2, Central Business Zone A. Maximum building height: 1. The maximum height of that portion of a building that abuts a street(s) shall be no higher than the right-of-way width of the abutting street(s). Building height may increase; provided, that the building is Development Standard Requirement by Zone M-1 Light Industrial EP Environmental Park M-2 Heavy Industrial Minimum lot Area None None None Minimum lot width, depth None None None Maximum lot coverage None 35 percent None Minimum Setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specific exceptions to these standards. Front 20 ft 20 ft 30 ft Side - Interior None (1) 15 ft None (1) Side - Corner 20 ft 20 ft 30 ft Rear None (1) 20-ft (1) None (1) Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height Limitations - Exceptions) for specific height limit exceptions. Maximum height 45 ft (2) 35 ft 45 ft (2) Additional Development Standards None ACC 18.23.060 None Fences and Hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Non- Conforming structures, land and uses. See Chapter 18.54 ACC DI.B Page 38 of 77 DRAFT Page | 10 9/5/12 stepped back one foot (from the abutting street right(s)-of-way) for each foot of increased building height. 2. If the building abuts more than one street and the abutting streets have different right-of-way widths then the height of the building allowed at any street frontage shall be the average of the abutting street right-of-way widths. 3. The following rooftop features may extend up to 15 feet above the maximum height limit: stair towers, elevator penthouses, and screened mechanical equipment. B. Minimum setbacks: none required, see 18.23.050. D below for specific building orientation requirements. C. Fences shall be decorative and relate architecturally to the associated building. Acceptable materials are brick, wood, stone, metal, or textured concrete. Typical galvanized wire mesh (chain link), barbed wire or razor wire are not permitted. For further information see Chapter 18.31 ACC. The provisions of this section shall not apply to temporary fences required during construction projects permitted by the city. D. Building Orientation Requirements. The following requirements apply to the construction of all new buildings or structures: 1. Existing buildings or structures, including facades, that do not have setbacks or otherwise cannot comply are exempt from these requirements regardless of the amount of improvements made to the building, structure or facade as long as any alteration does not make the existing facade more nonconforming. 2. Existing buildings, structures, or facades that are set back and within 20 feet of a street shall comply to the fullest extent possible as determined by the planning director, with the following requirements when any cumulative structural improvements are made that exceed 50 percent of the assessed value of the existing building, structure, or facade. 3. Any addition to an existing building, regardless of value, that will be within 20 feet of a street shall also comply to the fullest extent possible as determined by the planning director, with the following requirements. a. For each lineal foot of frontage a building has on a street, there shall be provided an area(s) for pedestrian amenities at the rate of one square foot of ground area for each lineal foot of building frontage. Pedestrian amenities shall consist of such features as landscaping, benches, entry ways with accents such as brick pavers, art work, or a combination of these or similar features. The pedestrian amenities shall be located on the property between the street right-of-way and the building. The planning director shall approve the amount and type of the pedestrian amenities. b. For buildings that have a street frontage that exceeds 50 feet then at least 25 percent of the building’s frontage shall be immediately adjacent to the street right-of-way. c. For buildings that have a street frontage that is less than 25 feet then no pedestrian amenities will be required and the building may be located at the property line. There shall, however, be provided a landing in front of each door that opens to a street that is large enough such that no part of any door will encroach into the street right-of-way when the door is being opened or closed. d. For buildings that provide additional setbacks, except as restricted by subsection (F)(3)(b) of this section, the area between the street right-of-way and the building shall only contain pedestrian amenities. e. If a building has more than two street frontages then at least two of the frontages shall comply with subsections (F)(3)(b) and (F)(3)(g) of this section and contain pedestrian amenities between the building and the street right-of-way. Any remaining frontages shall either have pedestrian amenities, windows, murals, flat surfaced art work or other similar architectural features that would avoid large blank walls. f. For new buildings that will infill between two other existing buildings the new building shall be set back no further than either of the adjacent buildings unless additional setback is required to comply with subsection (F)(3)(a) of this section. The proposed setback shall be reviewed by the planning director to ensure the setback will maintain building continuity along the street. g. Buildings shall have windows that encompass at least 60 percent of the first floor facade and at least 40 percent of the facade of each additional floor. At least 50 percent of the area of the first floor windows of nonresidential buildings shall provide visibility to the inside of the building. This DI.B Page 39 of 77 DRAFT Page | 11 9/5/12 subsection shall only apply to the facades, of new buildings, with street frontage and shall not lessen the requirements of the Uniform Building or Fire Codes. h. The building’s principal pedestrian entrance shall be oriented to the street. If the building is at a corner, either street or alley, then the principal pedestrian entrance shall be at the corner unless a better architectural design is attained at another location and approved by the planning director. i. Buildings that are at the intersection of either two streets or a street and an alley shall provide for a sight distance triangular setback as required by Chapter 18.31 ACC. These triangular areas may contain pedestrian amenities that satisfy the requirements of subsection (F)(3)(a) of this section. j. A site plan shall be prepared by the proponent which addresses compliance with the requirements as outlined in subsections (F)(3)(a) through (F)(3)(i) of this section. The site plan shall be approved by the planning director prior to the submittal of any building permit. k. For the sole purposes of subsection F of this section the term “street” shall include the right-of- way of private and public streets. The term shall also include pedestrian walkways, encumbered by an easement or similar means, that are used by the general public to travel from one property to another. E. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way. The following methods, or a combination thereof, may be used: 1. Setback from the roof edge to obscure visibility from below; 2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the principal structure. This may include using the same building materials, repeating common building forms, colors or elements, or incorporating the roof and wall of the stair tower or elevator penthouse into the upper wall of the structure. 18.23.060 Additional Development Standards for the EP, Environmental Park Zone A. Fences and Hedges. Fences shall be decorative and relate architecturally to the associated building. Acceptable materials are brick, wood, stone, metal, or textured concrete. Colored chain link fences may be allowed subject to the planning director's approval. Barbed wire or razor wire fences are not permitted. For further information on fencing see Chapter 18.31.020 ACC. The provisions of this section shall not apply to temporary fences during construction projects permitted by the city; B. Loading and unloading docks shall not be visible from the street. C. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way. The following methods, or a combination thereof, may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. DI.B Page 40 of 77 DRAFT Page | 1 9/5/12 Chapter 18.35 SPECIAL PURPOSE ZONES Sections: 18.35.010 Purpose 18.35.020 Intent of Special Purpose Zones 18.35.030 Uses 18.35.040 Development standards 18.35.050 Additional Development Standards for RO and RO-H Zones 18.35.010 Purpose. This Chapter lists the land uses that may be allowed within the residential office, residential office- hospital, institutional, and public use zones established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and provides basic standards for site layout and building size. 18.35.020 Intent of Special Purpose Zones. A. General. This section describes the intent for each of the city’s special purpose zones. These intent statements may be used to guide the interpretation of the regulations associated with each zone. B. RO and RO-H Residential Office and Residential Office- Hospital Zone. The RO and RO-H is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, and banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the single-family residential character. The RO-H designation is to be used exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with the medical community. C. P-1 Public Use Zone. The P-1 zone is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. D. I Institutional Zone. The I zone is intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. (Ord. 4229 § 2, 1987.) 18.35.30 Uses. A. General permit requirements. Table 18.35.030 identifies the uses of land allowed in each special purpose zone and the planning permit required to establish each use. B. Requirements for certain specific land uses. Where the last column in Table 18.35.030 (“Standards for Specific Land Uses”) includes a section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. Note: All proposed code is underlined. DI.B Page 41 of 77 DRAFT Page | 2 9/5/12 Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted A – Administrative C - Conditional X - Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I PUBLIC Animal shelter, public X X P X Government facilities, this excludes offices and related uses that are permitted outright A A P P Municipal parks and playgrounds P P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds and recreational vehicle parks, private X X X P Cemetery, public X X P A Cemetery, private X X X A College, University, public X X A A Commercial recreation facility - Indoor X X X P Commercial recreation facility - Outdoor X X X A ACC 18.57.025 A Conference/convention facility X X X A Library, museum X X P P Meeting facility, public or private A A P P Private school – specialized education/training (for profit) P P X P Public schools (K-12) and related facilities X X P P Religious Institutions, lot size less than one acre. A P X P Religious Institutions, lot size more than one acre. C A X P Studio - Art, dance, martial arts, music, etc. P X X X RESIDENTIAL Duplex P (1) X X A Home occupation P P X P ACC 18.60 Live/Work – Work/Live unit A P X A Multiple-family dwellings, stand alone P (2) A (3) X A One detached single-family dwelling P X X X Nursing Home, assisted living facility A A X P Senior housing A A X A Comment [sw1]: Various recreational uses (indoor and outdoor) such as bowling alleys, gyms, mini golf, e.g .now fall under one of these categories. A commercial recreation facility (see definition) excludes public parks and facilities. Comment [sw2]: This new land use in the non- residential zones captures private schools (including trade schools) that want to locate in Auburn. Comment [sw3]: Senior housing developments were not previously accounted for in non-residential zones. Added as an administrative use so the Planning Director can elevate to a public hearing (Hearing Examiner) if necessary. DI.B Page 42 of 77 DRAFT Page | 3 9/5/12 Notes: (1) Duplexes, 3,600 square feet of lot area per dwelling unit is required (2) Multi-family dwellings; provided that 2,400 square feet of lot area is provided for each dwelling unit (3) Multi-family dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. (Ord. 6269 § 28, 2009) (4) Permitted within a public college or university as an amenity or service provided to students. A stand alone bank or medical services/clinic is not permitted. 18.35.040 Development Standards A. Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Table 18.35.040 (RO, RO-H, P-1, I Zone Development Standards) and in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. These standards may be modified through either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC. TABLE 18.35.040 RO, RO-H, P-1, I ZONE DEVELOPMENT STANDARDS Permitted, Administrative, Conditional and Prohibited Uses by Zone P - Permitted A – Administrative C - Conditional X - Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I RETAIL Restaurant, cafe, coffee shop, excluding drive-through facilities A A P A SERVICES Banking and related financial institutions, excluding drive-through facilities (4) P P X X Daycare, including mini daycare, daycare center, preschools or nursery schools A P X P Home-based daycare P P X P Medical services - clinic, or urgent care (4) P P X X Mortuary, funeral home, crematorium X P X X Professional Offices P P X A Personal service shops P P X X Pharmacies X P X X Development Feature Requirement by Zones RO Residential Office RO-H Residential Office - Hospital P-1 Public Use I Institutional Minimum lot Area 7,200 sf None None 6,000 sf Minimum lot width, depth 50 ft, 80 ft None None 60 ft, 80 ft Maximum lot 55 percent (1) None None 35 percent DI.B Page 43 of 77 DRAFT Page | 4 9/5/12 Notes: (1) New single family residential or conversions of single-family residences to commercial uses with additions greater than a total or cumulative of 200 square feet on the property since the adoption of Ordinance No. 6231, then the maximum lot coverage is 35 percent. (2) New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the front yard setback is 10 feet. (3) New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the rear yard setback is 15 feet. (4) A 25 foot setback is required when adjacent to a residential zone. (5) Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five feet; provided that any structure with a vehicle entrance from a street (public or private) or public alley shall be set back a minimum of 20 feet. (6) Maximum building height for residential dwellings: 30 feet. Accessory buildings to residential dwellings: 16 feet. 18.35.50 Additional development standards for both the RO and RO-H Zones. A. All uses shall be conducted entirely within an enclosed structure, except noncommercial municipal automobile parking facilities in the RO-H zone. B. There shall be no outside storage of materials allowed. C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties. D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). E. Any new construction, including additions and alterations, within the RO district shall utilize similar bulk, scale, and architectural and landscape elements of the existing site structure or those of the neighborhood in which the property is located. A site plan and building elevation plans shall be prepared by the applicant which addresses compliance with the requirements as outlined in this coverage Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to these requirements. Front 20 ft (2) 10 ft 20 ft 20 ft Side - Interior 5 ft None 5 ft (4) 5 ft Side - Corner 10 ft 10 feet 10 ft 10 ft Rear 25 ft (3) None 25 ft 25 ft Accessory structure(s) See note (5) below NA NA See note (5) below Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height Limitations - Exceptions) for height limit exceptions. Maximum height 35 ft 65 ft 45 ft 45 ft (6) Fences and Hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Non- Conforming structures, land and uses. See Chapter 18.54 ACC DI.B Page 44 of 77 DRAFT Page | 5 9/5/12 subsection. The plans shall be approved by the planning director or designee prior to the issuance of any building permits. F. The planning director and the public works director or designees may deviate from the development standards under ACC 18.35.040 up to 10 percent, for example reduce rear yard setback by one and one-half feet, to address unusual circumstances for conversions of single-family residential uses to nonresidential uses. DI.B Page 45 of 77 DRAFT Page | 1 9/5/12 CHAPTER 18.57 1 STANDARDS FOR SPECIFIC LAND USES 2 3 Sections: 4 18.57.010 Intent. 5 18.57.015 Applicability. 6 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. 7 18.57.025 Recreation, Education and Public Assembly. 8 18.57.030 Residential. 9 18.57.035 Retail. 10 18.57.040 Services. 11 18.57.045 Transportation, Communication and Infrastructure. 12 18.57.050 Vehicle Sales and Services. 13 14 18.57.010 Intent. 15 16 This Chapter provides site planning, development, and/or operating standards for certain land uses that 17 are allowed by individual or multiple zoning districts, and for activities that require special standards to 18 mitigate their potential adverse impacts. 19 20 18.57.015 Applicability. 21 22 The land uses and activities covered by this Chapter shall comply with the provisions of the Sections 23 applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. The 24 standards for specific land uses in this Chapter supplement and are required in addition to those in ACC 25 18.23.040 and ACC 18.35.040 – Development standards. 26 27 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. 28 A. Outdoor storage, incidental to principal permitted use on property 29 1. C-3 Zone 30 Outdoor storage is subject to the following requirements: 31 a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. 32 b. Outdoor storage shall be located between the rear lot line and the extension of the front 33 facade of the principal structure, provided also that for corner lots no outdoor storage is 34 allowed between a building and a side street lot line. For through lots, the location for outdoor 35 storage shall be determined by the planning director. 36 c. Outdoor storage shall not be located in a required yard/setback area. 37 d. Outdoor storage shall not be permitted on undeveloped lots. 38 e. Outdoor storage shall be limited to 15 feet in height. 39 f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040.C(5) 40 g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. 41 h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and 42 usable condition. 43 i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not 44 permitted. 45 2. M-1 Zone 46 Outdoor storage is subject to the following requirements: 47 a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. 48 b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 49 3. EP Zone 50 Outdoor storage is subject to the following requirements: 51 a. Outdoor storage shall be limited to an area no greater than 15 percent of the lot. 52 b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 53 4. M-2 Zone 54 Outdoor storage is subject to the following requirements: 55 a. Outdoor storage shall be landscaped in accordance with ACC 18.50.040.C(5). 56 Note: All proposed code is underlined. DI.B Page 46 of 77 DRAFT Page | 2 9/5/12 b. Outdoor storage shall not be permitted on undeveloped lots. 1 c. Outdoor storage shall be limited to 30 feet in height. 2 B. Storage - Personal storage facility (mini-storage) 3 1. All Zones where permitted 4 a. The design of facades, landscaping and lighting of premises shall be compatible with the 5 intent of the applicable district. 6 b. Storage unit doors shall be screened or located so as to not be visible from residential 7 property. 8 c. There shall be no outside storage of goods or materials of any type at the personal storage 9 facility except that of wheeled vehicles (recreational vehicles, campers, trailers, trailer-10 mounted boats, motorized vehicles, etc. – but not inoperable motor vehicles). Such vehicles 11 may be stored in areas that have been specifically designated and set aside for such use, in 12 accordance with the following: 13 i. Vehicles shall be screened from view of public, residential and other 14 commercial property with sight-obscuring fencing or berms at least eight (8) ft 15 in height. When berms are used they shall be landscaped with shrubbery 16 and/or trees. 17 ii. Storage of recreational vehicles and trailer mounted boats shall not occur in 18 required parking spaces, drives and/or lanes between storage buildings, 19 parking lanes, or within required building setbacks. 20 iii. No vehicle or boat maintenance, washing, or repair shall be permitted. 21 d. Storage units shall not be used for manufacturing, fabrication, processing of goods, 22 conducting servicing or repair; nor used to conduct garage sales or retail sales; nor conduct 23 any other commercial or industrial activity. 24 C. Warehousing and distribution 25 1. All Zones where permitted 26 a. Loading and unloading docks shall not be visible from the street. If this requirement cannot 27 be met an additional 10-foot width of landscaping along the abutting street, meeting the 28 provisions of ACC 18.50.040.C (Landscape Design and Planting Requirements), is required. 29 b. All odors, noise, vibrations, heat, glare, or other emissions shall be controlled within the 30 confines of a building unless specifically permitted elsewhere by this title. 31 c. No on-site hazardous substance processing and handling, or hazardous waste treatment and 32 storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted 33 use. On-site hazardous waste treatment and storage facilities shall be subject to the state 34 siting criteria (Chapter 70.105 RCW). 35 2. C3 and EP Zone 36 a. Motor freight transportation is permitted but only as an incidental use to the principal use of 37 the property. 38 b. No more than 50 percent of gross floor space shall be devoted to warehouse uses. 39 40 18.57.025 Recreation, Education and Public Assembly. 41 A. Commercial recreation facility, outdoor 42 1. All Zones where permitted 43 a. Facility shall not be located within three hundred (300) feet of an existing residential zone. 44 The planning director may allow a reduction in this setback, not to exceed a minimum 45 setback of 50 feet, after review of an acoustic study completed by a licensed professional 46 showing that the facility would not exceed maximum noise levels permissible in identified 47 environments as determined by Chapter 173-60 WAC, as amended. 48 b. The planning director may require an acoustic study for any proposed facility which could 49 have or create a noise exposure greater than that deemed acceptable. Upon review of the 50 study, increased setbacks, noise avoidance or mitigation measures may be imposed. 51 c. Outdoor speakers and sound amplification shall not be permitted for uses immediately next to 52 residential uses. 53 d. Access to such facilities shall be from a public arterial or collector road as defined on the 54 currently adopted City of Auburn Street Functional Classification Map. 55 DI.B Page 47 of 77 DRAFT Page | 3 9/5/12 1 18.57.030 Residential 2 A. Multiple-family dwellings as part of a mixed-use development; 3 1. C-1 Zone 4 Multiple-family dwelling as part of a mixed-use development is allowed provided, that compliance 5 to all of the following is demonstrated: 6 a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development 7 and construction of nonresidential components of the mixed-use development; 8 b. Applications for mixed-use development inclusive of multiple-family residential dwellings shall 9 include transportation and traffic analyses appropriate to the type and scale of the proposed 10 development based on the concurrent determination of the planning director and city 11 engineer. The planning director and city engineer may require the analysis to address, 12 including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for 13 motorized and nonmotorized modes of travel and connectivity; and/or transportation demand 14 management (TDM) strategies; 15 c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall 16 include written and plan information demonstrating compliance to applicable design 17 standards for mixed-use development contained in the city of Auburn multifamily and mixed-18 use design standards; 19 d. Applications for the mixed-use development inclusive of multifamily residential dwellings shall 20 comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 21 (Neighborhood review meeting); 22 e. Mixed-use development comprised of a maximum of one building on a development site shall 23 have the entire ground floor comprised of one or more commercial retail, entertainment or 24 office uses that are permitted outright or conditionally; provided, that uses normal and 25 incidental to the building, including, but not limited to, interior entrance areas, elevators and 26 associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed 27 on the ground floor, except that non-street frontage vehicle garages located on the ground 28 floor together with all other normal and incidental uses shall occupy a maximum of 50 percent 29 of the ground floor space; and 30 f. Mixed-use development that is geographically distributed on a development site amongst two 31 or more buildings shall have a minimum of 50 percent of the cumulative building ground floor 32 square footage comprised of one or more commercial retail, entertainment or office uses that 33 are permitted outright or conditionally. 34 2. C-2 Zone 35 Multiple-family dwellings are permitted as part of a mixed-use development provided they are: 36 a. Located in a multistory building the ground floor of which must contain a permitted use listed 37 in the land use table found under ACC 18.23.030 - “Permitted, Administrative, Conditional 38 and Prohibited Uses by Zone”. No density limitations shall apply. 39 3. C-3 Zone 40 Multiple-family dwellings are permitted as part of a mixed-use development provided 1200 square 41 feet of lot area is provided for each dwelling unit. 42 4. C-4 Zone 43 Multiple-family dwellings are permitted provided they are: 44 a. Located in a multistory building and the ground floor must contain a permitted use or 45 combination of uses, other than parking facility. 46 b. An exception to this ground floor commercial requirement is allowed for uses accessory to 47 the upper story residential at a rate of 1,500 square feet of area per upper story of residential. 48 The ground floor areas accessory to the upper story residential may include, but are not 49 limited to, entry space, lobby, hallway, mail areas. The 1,500 square feet of upper floor area 50 does not include exiting required to meet applicable building and fire codes. 51 5. M-1 Zone 52 Multiple-family dwellings are permitted as part of a mixed-use development, provided they are: 53 a. Located in a multi-story building the ground floor of which must contain one of the retail or 54 service uses listed in the land use table found under ACC 18.23.030 - “Permitted, 55 DI.B Page 48 of 77 DRAFT Page | 4 9/5/12 Administrative, Conditional and Prohibited Uses by Zone”. The ground floor may contain 1 entrance and lobby areas which serve the dwellings. 2 B. Multiple-family dwellings, stand alone 3 1. C-3 Zone 4 Multiple-family dwellings are permitted provided; 5 a. 1200 square feet of lot area is provided for each dwelling unit; and 6 b. The multiple-family development is arranged in the following manner based on its orientation 7 to a public roadway (Scenarios 1-4): 8 9 10 When oriented along the roadways listed above: 11 Scenario 1: Vertical mixed-use (street level commercial, multi-family above) development required; or 12 Scenario 2: Horizontal mixed-use (commercial use along frontage, multifamily along the rear) required 13 14 15 16 When oriented along the roadways listed above: 17 Scenario 3: Land locked property. Property to the rear can be stand alone multifamily 18 19 20 21 22 23 24 25 C/MF MF Ea s e m e n t Scenario 3 C/MF MF C AUBURN WAY N AUBURN WAY S A ST SE WEST VALLEY HWY, 15 ST NW/SW C ST SW Scenario 1 Scenario 2 MF Minor Arterials Non-Res Collectors I ST NE, 6TH ST SE, e.g. Legend C = Commercial MF = Multi-family AUBURN WAY N AUBURN WAY S A ST SE WEST VALLEY HWY, 15 ST NW/SW C ST SW Scenario 4 DI.B Page 49 of 77 DRAFT Page | 5 9/5/12 1 2 3 4 When oriented along other minor arterials and non-residential collectors: 5 Scenario 4: Properties along streets that are less attractive to commercial uses, such as I St NE, stand 6 alone multi-family can be permitted. 7 2. EP Zone 8 Multiple-family dwellings are permitted provided; 9 a. The multiple-family development incorporates sustainable design and green building 10 practices and qualifies to be built green certified. 11 12 18.57.035 Retail. 13 A. Building and landscape materials sales 14 1. All Zones where permitted 15 a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer. No 16 soil mixing is allowed. 17 b. Stored materials other than landscape plant materials shall be completely screened by walls 18 or buildings and shall not protrude above the height of the enclosing walls or buildings or be 19 visible from a public right-of-way or adjacent residential zone or use and shall not be located 20 in any of the required setbacks. 21 c. Stored building supplies and landscaping materials shall be limited to 15 feet in height. The 22 planning director may authorize an increase in height, up to 50 percent, though an 23 administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2). 24 B. Groceries, specialty food stores 25 1. EP Zone 26 a. Groceries and specialty food stores are limited to 20,000 square feet in size. 27 C. Nursery 28 1. All Zones where permitted 29 a. Aerial application of any pesticides, fungicides, fertilizer or any other chemical shall be 30 prohibited. 31 b. Operation of heavy equipment is prohibited. 32 c. Outdoor storage and display of landscape plant materials (excluding elements such as 33 mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture, etc.) is permitted, but shall 34 not be located in the required setbacks. Chain link fences, with black or green vinyl covering, 35 are permitted for security purposes. 36 d. Stored materials other than landscape plant materials shall be completely screened by walls 37 or buildings and shall not protrude above the height of the enclosing walls or buildings or be 38 visible from a public right-of-way or adjacent residential districts or use and shall not be 39 located in any of the required setbacks. 40 D. Outdoor displays and sales 41 1. All Zones where permitted 42 a. Only the business or entity occupying the principal use or structure shall sell merchandise in 43 the outdoor display areas. 44 b. All outdoor displays must be located on the same lot as the principal use. 45 c. Such outdoor display is permitted in any front or side yard, subject to a minimum setback of 46 20 feet from an adjoining property line. 47 d. Merchandise shall not be placed or located where it will interfere with pedestrian or building 48 access or egress, required vehicular parking and handicapped parking, aisles, access or 49 egress, loading space parking or access, public or private utilities, services or drainage 50 systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or 51 emergency access or egress. 52 e. The height of displayed merchandise shall not exceed the height of any fence or wall or 10 53 feet, whichever is less. 54 f. Outdoor display areas shall not be located on any parking spaces needed to comply with the 55 minimum parking ratios in ACC 18.52 – Off Street Parking and Loading. Outdoor display 56 DI.B Page 50 of 77 DRAFT Page | 6 9/5/12 areas shall be considered part of the floor area of the principal use or structure for purposes 1 of computing the minimum number of parking spaces required. 2 3 18.57.040 Services. 4 A. Animal daycare 5 1. All Zones where permitted 6 a. All pets shall be properly licensed. 7 b. For any dog that has been designated as a “dangerous dog” or “potentially dangerous dog” 8 as defined by Auburn City Code (ACC) the operator shall verify that the owner has complied 9 with the regulations (on noticing, licensing, certificate of registration, restraining, etc.) 10 contained in ACC Chapter 6.35 – Dangerous Dogs. The owner shall ensure the facility meets 11 the requirements for a “proper enclosure” as set forth in ACC 6.35.010D. 12 c. All fenced exercise areas must be at least 50 feet from a habitable residential structure. 13 d. Adequate screening shall be required when abutting any residential use. 14 e. General care of pets must be confined to inside of building and under supervision. 15 f. Pets are permitted to be walked or exercised outside of building only under supervision and 16 in accordance with all other applicable ordinances and laws. 17 g. The exterior appearance of an animal day care building must be compatible with the 18 appearance of neighboring properties. 19 B. Animal sales and services 20 1. All Zones where permitted 21 a. All sales and services shall be for household pets only. 22 b. Overnight boarding is allowed within a completely enclosed building; however, animal 23 services or sales uses over 20,000 square feet in gross floor area that use a majority of their 24 gross floor area for retail sales, shall have no more than 15 percent of their gross floor area 25 devoted to overnight boarding. 26 c. Animal sales and services use must be completely enclosed except that outdoor animal runs 27 or other areas in which dogs will be allowed outside of an enclosed structure off leash 28 (hereinafter “outdoor run”) are allowed subject to compliance with the following conditions: 29 i. Outdoor runs shall not be permitted within 50 feet of a habitable residential 30 structure. 31 ii. The outdoor run may operate only between the hours of 8:00 a.m. and 6:00 32 p.m. 33 iii. The facilities shall be constructed, maintained and operated so that neither the 34 sound nor smell of any animals boarded or kept on the premises during the 35 time that full enclosure is required can be discerned on other lots. 36 C. Kennels, animal boarding 37 1. All Zones where permitted 38 a. All pens shall be enclosed in an enclosed building. 39 b. The property on which the kennel is to be located shall be no closer than one hundred (100) 40 feet to any residential zone. 41 c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are 42 restricted to the hours between 8:00 a.m. and 6:00 p.m. 43 d. The facility must be air conditioned. 44 e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. 45 f. The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per 46 animal. This area may be comprised of cage area, runs, or exercise facilities. 47 g. Any outdoor areas used for animal containment or exercise shall be maintained by removing 48 animal waste on a regular basis for proper disposal as solid waste. 49 h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or 50 exercise area shall be collected and disposed of in the sanitary sewer after straining of solids 51 and hair and shall not be allowed to enter the stormwater drainage or surface water disposal 52 system . 53 i. Strained solids and hair shall be properly disposed of as solid waste. 54 D. Repair service – equipment, appliances 55 1. C-1, C-2, and C4 Zones 56 DI.B Page 51 of 77 DRAFT Page | 7 9/5/12 a. Any repairing done on the premises shall be incidental only, and limited to custom repairing 1 of the types of merchandise sold on the premises at retail. The floor area devoted to such 2 repairing shall not exceed 30 percent of the total floor area occupied by the particular 3 enterprises. 4 5 18.57.045 Transportation, Communication and Infrastructure. 6 A. Towing storage yard 7 1. M-1 and M-2 Zone 8 a. Motor vehicle(s) shall not remain on the property for more than one-hundred-twenty (120) 9 days. 10 b. Motor vehicle(s) may not be repaired, restored, rebuilt, or otherwise altered on the property. 11 c. Motor vehicle(s) shall not be stacked vertically. 12 d. Vehicle parts and scrap metal shall not be stored on the property. 13 e. The sale of motor vehicles shall not be permitted. 14 f. The towing storage yard shall be landscaped in accordance with ACC 18.50.040.C(5) 15 g. Any motor vehicles which are damaged so as to be leaking fluid shall be brought to a 16 impervious surface where all fluids shall be contained and disposed of in conformance with 17 all state and federal regulations. 18 h. The applicant shall install a separator or other use generally accepted industry device or 19 practice that provides equal/protection to prevent any leaking fluids from the motor vehicles 20 from entering the soil or surface waters. 21 22 18.57.050 Vehicle Sales and Services. 23 A. Automobile washes (automatic, full or self-service) 24 1. All Zones where allowed 25 An automatic, full-or self-service car wash shall comply with the following standards: 26 a. Proper functioning of the site as related to vehicular stacking, circulation, and turning 27 movements. 28 b. The use of outdoor speakers is prohibited. 29 c. Car washes I detailing shall be located at least fifty (50) feet from any residential zone, use, 30 or structure. 31 d. Car wash openings must be oriented away from residential zones, use or structures. 32 B. Auto/vehicle sales and rental 33 1. C-1 Zone 34 a. The business shall be located on a principal or minor arterial as defined by the 35 comprehensive transportation plan; 36 b. No repairing, painting or body work shall be conducted outside of a building; 37 c. If abutting an R zone, a sight-obscuring fence or landscape screen shall be required; 38 d. A minimum of a 25-foot setback shall be required of any building from any R zone; 39 e. Other landscaping or architectural improvements may be required to ensure compatibility with 40 present and potential C-1 uses in the vicinity; 41 C. Fueling station 42 1. C-2 Zone 43 a. The fueling station must be accessory to an existing retail/service establishment in which the 44 principal tenant has a minimum floor area of at least 25,000 square feet. The principal tenant 45 must own and/or manage the station. The station must be located on the same parcel of 46 property as the principal tenant and the property must be at least 100,000 square feet in 47 area. 48 b. The station must be located on the property to minimize the amount of conflict to the 49 pedestrian traffic. 50 c. The station must be located on and have direct access to an arterial using existing curb cuts 51 and driveways whenever practical. If the curb cuts and driveways do not meet current city 52 standards, then they shall be brought up to such standards. 53 d. The station cannot interfere with the existing parking and/or traffic circulation on the property. 54 There shall be enough room on the property to allow for adequate stacking space for vehicles 55 DI.B Page 52 of 77 DRAFT Page | 8 9/5/12 waiting for fuel in order to avoid cars interfering with vehicles on the street. The facility cannot 1 reduce the amount of parking required by the zoning code. 2 e. The station shall have a roof that covers all activities including the pay window, refuse 3 containers, fuel pumps and the adjacent parking area for the cars being fueled. The area that 4 is covered by the roof of the facility shall be no larger than 6,000 square feet. The number of 5 pumps shall be limited to five such that no more than 10 vehicles may be fueled at any one 6 time. 7 f. Columns or similar architectural features shall be provided that screen the visibility of the 8 pump islands as well as give the visible impression of enclosing the structure. If necessary, 9 provisions must be made to avoid a safety issue of enclosing any fumes associated with the 10 fueling of the vehicles. The overall height of the facility shall not exceed 20 feet. 11 g. The design, architectural treatment and streetscape features of the station must be consistent 12 with the design concepts as outlined in paragraph "P" of Section 1.4 of the downtown plan as 13 well as provide some design continuity between the facility and primary structure. 14 h. Any other products for sale shall only be displayed within the building containing the pay 15 window and any such products shall be incidental to automobile care/maintenance, or snacks 16 and beverages. No sales of alcoholic beverages will be allowed. 17 i. Signs shall be limited to permanent wall signs, attached to the face of the canopy, only. 18 j. The application for the administrative use permit shall illustrate how it complies with these 19 standards. (Ord. 6269 § 31, 2009.) 20 2. Other Zones where permitted 21 a. Fueling station canopies shall not exceed 20 feet in height or the height of the principal 22 building, whichever is less; 23 b. Canopies shall be architecturally integrated with the principal building and all other accessory 24 structures on the site through the use of the same or compatible materials, colors, and roof 25 pitch. 26 c. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be 27 recessed into the underside of the canopy so as not to protrude below the canopy ceiling 28 surface more than 2 inches. 29 d. All surfaces for exterior building façades or canopies shall be finished to match the surfaces 30 of the principal structure. 31 D. Vehicle services – repair/body work 32 1. C-2 Zone 33 a. No vehicles stored outside that are not operable unless such vehicles are contained within a 34 fenced and paved area. The entire perimeter of the outdoor storage area shall be landscaped 35 with landscaping pursuant to 18.50.040.C(5). The maximum size of the outdoor storage area 36 shall be no more than 25 percent of the associated building area. 37 2. Other Zones where permitted 38 a. Outdoor work areas shall be fenced, walled or screened to minimize on and off -site noise, 39 glare, odor, or other impacts. 40 b. All repair work or lubrication shall be conducted within the principal building. All permanent 41 storage of materials, merchandise, or repair and servicing equipment shall be contained 42 within the principal building. 43 c. All body work and painting shall be conducted within fully enclosed buildings. 44 d. No operator shall permit the storage of motor vehicles for a period in excess of twenty-four 45 (24) hours unless the vehicles are enclosed in the principal building. 46 47 48 DI.B Page 53 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: Proposed amendments to Title 18 - Zoning, of the Auburn City Code related to non-residential zones (Code Update Project – Phase 2 - Group 2). Date: September 21, 2012 Department: Planning and Development Attachments: See Exhibit list below. Budget Impact: N/A Administrative Recommendation: Planning Commission to hold a public hearing on the proposed amendments and make a recommendation to City Council. Background Summary: The Code Update Project began in September 2008 and is progressing in two phases. Phase 1, completed in June of 2009, updated the City’s residential-related zoning districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City’s non-residential related zoning districts (Title 18 ACC). Because Phase 2 involved a number of zoning code amendments it was divided into two groups. Group 1 was completed in December of 2011 and amended the following chapters in Title 18 ACC: Landscaping and Screening, Off-street Parking and Loading, and Variances, Special Exceptions and Administrative Appeals. Group 1 also added a new chapter related to Outdoor Lighting. The Code Update Project is intended to meet four key objectives: * Improve development code readability and ease of use; * Update technical content to address known issue areas and better support the City’s development review and quasi-judicial decision process; * Ensure development code and design standards are coordinated and consistent with Auburn’s Comprehensive Plan and other state land use and environmental requirements; * Promote sustainability concepts where feasible. The proposed amendments (Phase 2, Group 2) will affect the current zoning code as follows: Add new definitions, consolidate chapters that currently regulate the City’s non-residential zones (land uses and development standards) and create a new chapter containing standards for specific land uses. The October 2, 2012 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 on the proposed code amendment. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Wagner Meeting Date: October 2, 2012 Item Number: DI.B Page 54 of 77 Agenda Subject: Proposed amendments to Auburn City Code related to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007) Date: September 21, 2012 Page 2 of 6 A. RESPONSIBLE DEPARTMENT: City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director B. RESPONSIBLE STAFF: Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department C. AREA OF IMPACT: Citywide D. PLANNING COMMISSION PUBLIC HEARING DATE: October 2, 2012 E. CITY COUNCIL ORDINANCE CONSIDERATION DATE: Currently scheduled for November 19, 2012 F. FINDINGS OF FACT: 1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which addresses amendments to Title 18, Zoning. 2. The proposed code amendment adds new definitions, consolidates chapters that currently regulate the City’s non-residential zones (land uses and development standards) and creates a new chapter containing standards for specific land uses. 3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as discussed under the conclusions’ section of this report. 4. A Determination of Non-Significance was issued for the City initiated Code Amendments on July 16, 2012 under city file SEP12-0022. The Determination of Non-Significance was published in the July 16, 2012 edition of the Seattle Times. No comments were received from the commenting agencies or appeals filed. 5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60-day state review. An acknowledgement letter was received on July 23, 2012. No comments were received from Commerce or other state agencies as of the writing of this report. 6. Initial concepts were reviewed by the Planning and Community Development Committee on March 8, 2012 and March 20, 2012 and the Committee provided initial policy feedback to staff. 7. The Planning Commission conducted a duly noticed work study session at the regular meetings on August 21, 2012, September 5, 2012 and October 2, 2012 to review and discuss with staff potential amendment issues and ideas inclusive of the potential amendments to Title 18 (Zoning). DI.B Page 55 of 77 Agenda Subject: Proposed amendments to Auburn City Code related to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007) Date: September 21, 2012 Page 3 of 6 8. The public hearing notice was published on September 21, 2012 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for October 2, 2012. 9. The following conclusions support the proposed amendments to Title 18, Zoning, scheduled for the Planning Commission’s October 2, 2012 public hearing with a staff recommendation. G. Conclusions 1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public process is applicable: 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. 18.68.040 Public hearing notice requirements A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. Comment: The public hearing before the Planning Commission is scheduled for October 2, 2012 meeting the requirement under ACC 18.68.030. The public hearing notice was published in the Seattle Times, the City’s official newspaper, on September 21, 2012 at least 10 days prior to the public hearing. The public hearing notice was also posted at City Hall (25 West Main Street), the Customer Service Center (One East Main Street), and the City’s Senior Activity Center meeting the requirement for posting the notice in three general public locations. 2. The proposed amendments to Title 18 (Zoning) are intended to reorganize and update regulations and standards to create a more logical flow in the regulation of land uses and to appropriately reflect changes in state law. In addition, these amendments are intended to reduce redundancy and vagueness, add or modify definitions and make the regulations easier to use and understand. 3. The proposed amendments to Title 18 (Zoning) do not require any changes to the City’s current critical area regulations contained in ACC 16.10 (Critical Areas). Any future development subject to the proposed amendments to Title 18 will still be required to demonstrate compliance to applicable standards and regulation specified in ACC 16.10. 4. The proposed amendments to Title 18 (Zoning) will support current and future land and shoreline uses that are consistent with the City’s current Comprehensive Plan and current Shoreline Master Program. Staff has not proposed substantive or non-substantive DI.B Page 56 of 77 Agenda Subject: Proposed amendments to Auburn City Code related to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007) Date: September 21, 2012 Page 4 of 6 amendments to Title 18 that would be deemed inconsistent with the City’s adopted plans and policies. 5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for text amendments to the zoning title. At a minimum, proposed text amendments are to be consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed code amendment is supported by the following Comprehensive Plan Objectives and Policies: CITY OF AUBURN COMPREHENSIVE PLAN GOAL 9. COMMERCIAL DEVELOPMENT To maintain and establish a variety of commercial environments which provide the full range of commercial services to the community and region in a manner which reduces conflicts between different types of commercial services and other uses. Discussion: Commercial uses range from a small corner store providing service primarily to the neighborhood around it to a large shopping mall which serves the entire region. Auburn contains both of these types of commercial uses and recognizes their importance in providing service to both Auburn and regional residents. The City will provide opportunities for the full range of commercial uses while insuring that their impacts on each other and on other uses are minimized. Comment: The proposal will add new land use tables, ones divided by major land use categories i.e. Industrial and Manufacturing vs. Residential vs. Retail vs. Service, e.g. Within these new land use tables are new uses including commercial recreational facilities, live/work or work/live unit, building and landscaping sales, outdoor displays and sales associated with a permitted use, fueling station, and others, thereby providing a full range of commercial uses in the city’s non-residential zones. GOAL 2. FLEXIBILITY To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources and critical lands in overall compliance with this comprehensive plan. Objective 2.1. To provide assurance that residential areas will be protected from intrusions by incompatible land uses. Policies: GP-11 Ordinance provisions designed to protect residential areas shall give priority to providing predictability and stability to the neighborhood GP-12 Adequate buffering shall be required whenever new commercial or industrial uses abut areas designated for residential uses GOAL 11. INDUSTRIAL DEVELOPMENT To provide for, establish and maintain a balance of industrial uses that respond to local and regional needs and enhance the City's image through optimal siting and location, while DI.B Page 57 of 77 Agenda Subject: Proposed amendments to Auburn City Code related to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007) Date: September 21, 2012 Page 5 of 6 taking into consideration tax policy impacts of streamlined sales tax and/or other similar legislation. Objective 11.2. To establish performance standards appropriate for developing industrial areas. Policies: LU-99 Compatibility among land uses should be enhanced through landscaping, building orientation and setbacks, traffic control and other measures to reduce potential conflicts. LU-100 All industrial development should incorporate aesthetically pleasing building and site design. The City shall amend its codes and performance standards which govern industrial development to implement this policy. a. Procedures shall be established to ensure aesthetically pleasing building and site design in areas designated for light industrial areas. b. Appropriate landscaping and site development standards shall regulate site development in heavy industrial areas. c. Unsightly views, such as heavy machinery, service entrances, storage areas, rooftop equipment, loading docks, and parking areas should be screened from view of adjacent retail, commercial, light industrial and residential areas and from public streets. LU-107 Land made available for industrial development, and uses allowed in industrial zones, shall take into consideration impacts of tax policy and tax structure upon the City of Auburn. Comment: The land uses tables described above are structured in a way that will establish and maintain a balance of industrial uses, ranging from warehousing and distribution to storage to manufacturing. Residential uses will be protected through greater setbacks (when abutting non-residential uses) and through additional development standards (on siting, aesthetic, or operational). New specific standards have been created for outdoor displays and sales, towing storage yards, automobile washes, and other uses to mitigate their potential adverse impacts. The proposed amendments to the zoning code will be consistent with the comprehensive plan in that they would conform to the land use goals and policies listed above. Objective 11.7. To promote and incentivize increased retail uses in industrial zoning districts. Policies: LU-116 Changes in comprehensive plan and zoning policies and standards should be implemented to create regulatory controls and incentives for the increased use of land and buildings to for sales tax producing commercial retail uses. Comment: Additional sales tax generating land uses are proposed to be permitted outright in the city’s industrial zones (M1, light industrial and M2, heavy industrial). These additional land uses include building and landscaping material sales, nurseries, convenience and grocery stores, retail establishments of varying size, and wholesaling with on-site retail as an incidential use. DI.B Page 58 of 77 Agenda Subject: Proposed amendments to Auburn City Code related to the Code Update Project – Phase 2 – Group 2 (ZOA12-0007) Date: September 21, 2012 Page 6 of 6 The latter use would allow for bakeries and coffee roaster to sell goods they make on site. The proposed amendments to the zoning code would help meet comprehensive plan objective 11.7 above. GOAL 17. ECONOMIC DEVELOPMENT To ensure the long-term economic health of the City and the region through a diversified economic base that supports a wide range of employment opportunities for Auburn's residents and those of the region and through the promotion of quality industrial and commercial development which matches the aspirations of the community. Objective 9.3. Develop effective land use polices and economic development strategies that provide long-term and stable employment, increase per capita income and reduce the tax burden of Auburn residents. Policies: ED-16 Warehouse and distribution land uses are not a preferred longterm economic development and land use priority for industrial zoned areas in the City due to the loss of sales tax revenue associated with the State’s implementation of streamlined sales tax legislation in 2008, no substantive contribution to an increase in per capita income for Auburn residents, no reduction in the tax burden of Auburn residents, low employment densities, lower property values and land use inefficiencies. Comment: Because the City of Auburn Comprehensive Plan contains policies stating that warehouse and distribution land uses are not a preferred long term economic development and land use priority for industrial zoned areas in the City due to a loss of sales tax revenue associated with the State’s implementation of streamline sales tax legislation, the new land use tables have motor freight terminals (new) listed as a prohibited use and a number of sales tax producing commercial retail uses have been added. These amendments are consistent with the goals and policies of the comprehensive plan. Staff Recommendation The Planning Commission recommends approval to the City Council of the proposed zoning code text amendment as presented by staff based on the findings of fact and conclusions. Exhibits Exhibit 1: Staff Report Exhibit 2: Auburn City Code Chapter 18.04 – Definitions (revised) Exhibit 3: Auburn City Code Chapter 18.23 – Commercial and Industrial Zones (new) Exhibit 4: Auburn City Code Chapter 18.35 – Special Purpose Zones (new) Exhibit 5: Auburn City Code Chapter 18.57 – Standards for Specific Land Uses (new) Exhibit 6: Determination of Non-Significance and Affidavit of Publication Exhibit 7: Environmental Checklist Exhibit 8: Public Hearing Notice and Affidavit of Publication Exhibit 9: Letter to Department of Commerce for 60-day State Review Exhibit 10: Acknowledgment letter from Department of Commerce DI.B Page 59 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: 4Culture Grant Opportunity Date: October 2, 2012 Department: Planning and Development Attachments: Memorandum Attachment 1 Attachment 2 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Other: Planning and Parks Councilmember:Backus Staff:Chamberlain Meeting Date:October 8, 2012 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 60 of 77 Memorandum To: Nancy Backus, Chair, Planning and Community Development Committee John Partridge, Vice-Chair, Planning and Community Development Committee John Holman, Member, Planning and Community Development Committee From: Elizabeth Chamberlain, AICP, Planning Manager Date: October 3, 2012 Re: 4Culture Grant Opportunity for King County Historic Preservation Interlocal Agreement Cities Background In 1995, the City of Auburn entered into an interlocal agreement with King County for historic preservation services that includes preservation planning, research and to obtain landmark status for key historic sites, and work with owners of already designated landmark properties when modifications are needed to those structures. As part of this interlocal agreement, the City is able to appoint a member to the King County Landmarks Commission. The City’s appointee to the King County Landmarks Commission is Greg Watson. In partnership with King County Historic Preservation, 4Culture has introduced a new grant opportunity for historic preservation related activities that is only available to Interlocal Agreement Cities. To apply, communities must have a signed interlocal agreement for historic preservation services with the King County Historic Preservation Program, must have a current Special Commission member and assigned city staff, and must have attended a special 4Culture workshop in 2012. Awards in amounts ranging from $1,000 to $6,000 will be announced in December, for project implementation in 2013. The Interlocal Cities program is a pilot project, and is anticipated to expand and evolve in future years. Auburn’s Special Commission member, Greg Watson, attended the workshop in June 2012 and I attended the workshop in February 2012. Discussion Staff is interested in submitting an application to designate Pioneer Cemetery as a King County and Auburn Landmark. The grant request of $3,500 would cover the professional services contract for putting together the landmark nomination paperwork that is ultimately submitted to King County Historic Preservation Office. The landmark nomination is reviewed by the King County Historic Preservation Officer and then forwarded to the King County Landmarks Commission to hold a public hearing and render a decision on the landmark designation nomination. DI.C Page 61 of 77 At the October 8, 2012 Planning and Community Development Committee meeting, staff will provide an informational briefing on this grant opportunity and answer any questions the Committee has on the process. Attachments: 1. 1995 Interlocal Agreement with King County 2. Draft Project Narrative for Grant Application DI.C Page 62 of 77 DI.C Page 63 of 77 DI.C Page 64 of 77 DI.C Page 65 of 77 DI.C Page 66 of 77 DI.C Page 67 of 77 DI.C Page 68 of 77 DI.C Page 69 of 77 Attachment 2 Page 1 of 3 INTERLOCAL CITIES PRESERVATION 2012 APPLICATION CITY OF AUBURN Proposing to Prepare Landmark Nomination for a JAPANESE PIONEER CEMETERY 1. Summarize your city's survey/inventory efforts, landmark nominations, and any major preservation projects accomplished since becoming an Interlocal City. WHITE RIVER VALLEY MUSEUM: The City of Auburn has demonstrated a long commitment to preservation and heritage. Since 1990 it has worked in partnership with the White River Valley Historical Society, supporting the White River Valley Museum through a Museum Services Agreement—a commitment that has allowed that institution to grow and prosper. Through a combination of staff support, grants and increasing city allocations, the Museum budget and thus public service during those years has grown from $14,000 a year to over $440,000 annually. HISTORIC BUILDING INVENTORY AND WALKING TOURS: City officials worked with King County Landmark staff and consultants on a historic building inventory that was significantly completed in the early 1990s. Along with identifying the city’s oldest buildings and assisting land owners with historical research, this process resulted in an Auburn Historic Homes Walking Tour map and an Auburn Historic Buildings Walking Tour map. Both are available on the Museum’s website. A historic resource inventory update was completed in 2004. CITY OF AUBURN AND KING COUNTY LANDMARKS: The City of Auburn has maintained an Interlocal Agreement with the King County Landmarks Commission to facilitate preservation planning, research and to obtain landmark status for key historic sites since 1995. Currently four sites in Auburn are listed as City of Auburn and King County Landmarks: • Auburn Public Library, 1914 building, was designated in 1995, located at 306 Auburn Avenue NE. • Auburn Post Office, a 1937 building, was designated in 2000, located at 20 Auburn Avenue NE. • Auburn Masonic Temple, a 1924 building, was designated in 2002, located at 302-310 E Main St. • Mary Olson Farm, 1879-1902 site, was designated in 2000, located at 28728 Green River Road SE. DOWNTOWN AUBURN: Additionally, City of Auburn officials have supported historic preservation of the downtown core through Planning support; a Main Street program; a library of historic photographs maintained to share with property owners contemplating renovations or restoration; lease and restoration of a historic theater; historically influenced street lights, and design standards that recognize the rhythm of the existing Main Street for new development to compliment. Also, scattered throughout Auburn are pieces of public art, many of which reflect elements of the city’s history and cultural past. MARY OLSON FARM: The City of Auburn has partnered with the White River Valley Museum to restore the Mary Olson Farm, a fifteen year, almost $2 million undertaking. The Farm opened to the public the summer of 2011, and serves as a living history and environmental learning specialty park. This complex site is 67-acres in size, almost one-half mile long. It includes a state-registered archaeological site, a salmon bearing stream, 100+ year old orchard and seven historic wooden buildings, surrounded by meadows and deeply forested hillsides. Through the city’s support of Museum staff members, almost five thousand children tour the Farm each year, studying either stream ecology or where their food comes from. Historic Seattle named the Mary Olson Farm the Best Restoration for 2012. DI.C Page 70 of 77 Page 2 of 3 2. Describe the current proposed project, and explain why it is the next logical step in building your local preservation program. With this application we are asking for $3,500 to engage consultant Holly Taylor of Past Forward NW Cultural Services to prepare a King County Landmark nomination for a cemetery in Auburn known as Pioneer Cemetery or the Japanese Cemetery as we shall use in this document. This cemetery is located in the heart of Auburn, at the crossing of 8th NE and Auburn Way North. The Japanese cemetery is roughly triangular in shape, covering perhaps 26,000 square feet and containing at least 180 burials dating from roughly 1879 to 2011. HISTORY OF AUBURN’S JAPANESE CEMETERY: Auburn’s Japanese Cemetery began as a general community cemetery, with early burials starting around 1866 when John and Rachel Faucett buried their two young daughters at this site. The community at large soon joined the Faucetts in burying their loved ones at this peaceful crossroads just north of town. As community historian Kristi Lommen says: “Many of the Valley's earliest and most prominent pioneers were represented among its graves. Unfortunately, situated as it was between the Green and the White Rivers (before the latter's diversion in 1906), the cemetery was particularly vulnerable to flooding. At least one report states that the flooding was so severe at times that burial vaults were left open when the waters receded. Once the Auburn Mountain View Cemetery was opened in 1890, many families began to move their deceased ancestors to this and other cemeteries on higher ground. Caucasian burials became increasingly rare at the Pioneer Cemetery; the last such burial took place in 1935 (flooding concerns at the cemetery weren’t fully resolved until the construction of the Howard Hanson Dam on the upper Green River in 1962).” From roughly 1900 to 1942 about one third of Auburn’s population was comprised of Japanese immigrants and their American-born children. This population continued to use the Japanese Cemetery. Most families of Japanese heritage did not return to Auburn after internment during World War II, so unlike their neighbors, they did not relocate their ancestors’ graves. Today the cemetery holds many burials of people with Japanese names, some early settlers of European descent and a few Native American burials, including a Duwamish woman named Angeline Seattle, wife of John Seattle but not related to the woman often referred to as Princess Angeline. WHY NOW? The Japanese Cemetery was selected as our current preservation focus for a number of factors: the cemetery is owned by the City, making nomination and any subsequent improvements simpler to manage; it is located at a highly visible public crossroad of two thoroughfares; members of the Auburn Arts Commission and city officials would like to see improvements made to the cemetery including replacing lost statuary—projects that would be more likely to occur with grant funding made possible by landmark status; Auburn’s other preservation projects, notably in the downtown corridor, are larger, more complex and thus harder to accomplish. This seemed doable within the Interlocal Cities program’s schedule and budgetary requirements, and a good way to reactivate the City’s landmark and preservation efforts which have been dormant recently due to staff turnover and budget limitations. 3. Tell us how your project will engage people in the community - local historical society, volunteer researchers, youth, seniors, or other. Auburn’s Japanese Cemetery easily activates local interest, in fact it already has. DI.C Page 71 of 77 Page 3 of 3 • A comprehensive and artistic website on the Japanese Cemetery has been developed by local historian Kristi Lommen and her daughter Amerie, originally to satisfy a Japanese language class requirement in 2008. As the website notes “It has grown each year since then, often with the participation and support of the families of those buried in the cemetery. As of this writing, the site includes more than 20 family biographies, a complete listing, by row, of the Japanese burials (including translations of the Japanese language stones), and a comprehensive alphabetical list of the remaining non-Japanese burials.” • The White River Valley Museum’s quarterly newsletter the White River Journal’s lead article of January 2012 focused on the history of Auburn’s Japanese Cemetery. • In 1997 the City erected decorative archway and fencing around the Cemetery as part of the work of the Auburn Arts Commission. As the local historical society, the Museum will work with City staff to manage the project. During work on the Landmark Nomination, we anticipate consulting with members of the White River Buddhist Temple to share our goals for formally documenting the Japanese Cemetery, check data, and obtain input. Our previous work with this community suggests that this project will be met with enthusiasm and support. The Auburn Reporter, a weekly newspaper follows community developments such as this, and editor Mark Klaas has a particular interest in local history and the valley’s Japanese-American community. We feel certain that they will help us share information about this project with community members at large. 4. Outline how the products will remain accessible and useful after the project is over. As is often the case, the Nomination for the Japanese Cemetery will become the go-to document for public history of this site. The Nomination will be available at the Museum for drop in visitors to access, as well as on the Museum’s and City of Auburn’s websites. Documentation provided by the Nomination will also inform future development of management and restoration guidelines for the Cemetery. 5. Name the city staff who will oversee the project, and provide a project schedule, including a phasing plan if applicable. PATRICIA COSGROVE, MUSEUM DIRECTOR, will manage this project. She holds a Master of Arts in Museum Studies and has directed the White River Valley Museum since 1990. Under her leadership the museum has undergone tremendous growth and professional development. ELIZABETH CHAMBERLAIN, PLANNING MANAGER for the City of Auburn will consult on this project, connecting the work of writing the nomination with city officials and the Auburn City Council. HOLLY TAYLOR, PRINCIPAL OF PAST FORWARD NORTHWEST CULTURAL SERVICES will be contracted to prepare the Nomination. Taylor holds a BA in Anthropology and is finishing a Master of Science in Architectural History. During two decades of professional preservation experience, she has successfully completed nominations to the King County Landmarks Register and the National Register of Historic Places, and has authored the Seattle Asian American Cultural Guide for the Seattle Convention and Visitors Bureau. PROJECT SCHEDULE: Research and writing will be undertaken between January and June 2013; community review will take place in July and August 2013, and a completed nomination will be submitted to King County in September 2013. DI.C Page 72 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: Director's Report Date: October 2, 2012 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:October 8, 2012 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 73 of 77 AGENDA BILL APPROVAL FORM Agenda Subject: PCDC Matrix Date: October 2, 2012 Department: Planning and Development Attachments: PCDC Matrix Budget Impact: $0 Administrative Recommendation: Background Summary: For discussion only, see attached matrix. Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff:Snyder Meeting Date:October 8, 2012 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 74 of 77 PC D C W o r k P l a n M a t r i x – O c t o b e r 0 8 , 2 0 1 2 Pl e a s e N o t e : N e w a d d i t i o n s u n d e r l i n e d , d e l e t i o n s r e mo v e d , r e t r e a t i t e m s a r e h i g h l i g h t e d . Oc t o b e r 0 8 , 2 0 1 2 LA N D U S E C O D E S / P O L I C I E S To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 1 • M u c k l e s h o o t T r i b e TB D S n y d e r St a f f t o s t a y i n t o u c h w i t h P l a n n i n g D e p t . a n d k e e p coordination & co m m u n i c a t i o n o p e n w i t h T r i b e . T h e C i t y m e t w i t h t he Muckleshoot Tribe Ma r c h 2 6 , 2 0 1 2 . 2 Co d e U p d a t e W o r k • P h a s e I I C o d e U p d a t e s – Gr o u p 2 TB D W a g n e r Ph a s e I I , G r o u p 2 C o d e U p d a t e s w e r e p r e s e n t e d t o P l anning Commission for di s c u s s i o n a n d p u b l i c h e a r i n g o n 1 0 / 0 2 / 1 2 . • C l u s t e r S u b d i v i s i o n 20 1 2 Sn y d e r S t a f f t o p r e p a r e d r a f t r e g u l a t i o n s f o r t h e P la n n i n g C o m m i s s i o n t o r e v i e w . • C o t t a g e H o u s i n g 20 1 2 S n y d e r S t a f f t o p r e p a r e d r a f t r e g u l a t i o n s f o r th e P l a n n i n g C o m m i s s i o n t o r e v i e w . • C e l l T o w e r s TB D Ta y l o r Re v i e w e d b y P C D C o n 9 / 1 0 / 1 2 a n d c o d e d i s c u s s e d a t P lanning Commission on 10 / 2 / 1 2 . • E n v i r o n m e n t a l P a r k D i s t r i c t 20 1 2 S n y d e r C o d e c o n c e p t s a n d i d e a s t o b e d e v e l o p e d b a s e d o n C o u n c i l r e t r e a t d i r e c t i o n . • A g r i t o u r i s m TB D Ta y l o r St a f f t o b r i n g b a c k o n c e t h e P l a n n i n g C o m m i s s i o n h a s reviewed and made their re c o m m e n d a t i o n . 3 Ur b a n C e n t e r • H e a l t h c a r e D i s t r i c t O v e r l a y 20 1 2 C h a m b e r l a i n S t a f f t o d e v e l o p w o r k p l a n . • T A D A TB D C h a m b e r l a i n A f u t u r e u p d a t e f r o m T h e A u b u r n D o w n t o w n A s s o c i a t i o n will be scheduled at a la t e r t i m e . • A m t r a k On - g o i n g Ma y o r L e w i s / Sn y d e r Ci t y t r a c k i n g p o t e n t i a l s t a t i o n s t o p s e x p a n s i o n s t u dy by Amtrak. DI.E Page 75 of 77 Oc t o b e r 0 8 , 2 0 1 2 Page 2 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s • D o w n t o w n P a r k i n g Ma n a g e m e n t P l a n Oc t o b e r 8 Sn y d e r / Ch a m b e r l a i n Pa r k i n g i n v e n t o r y c o m p l e t e , p u b l i c s u r v e y c o m p l e t e d and data compilation be i n g c o n d u c t e d . 4 H i s t o r i c P r e s e r v a t i o n S t r a t e g i e s 2 0 1 2 Sn y d e r / Ch a m b e r l a i n St a f f w i l l f o r m u l a t e a s t r a t e g y a c t i o n p l a n a n d b r i ng back to Committee. 5 St r a t e g y A r e a s f o r Po p u l a t i o n / B u s i n e s s / E m p l o y m e n t 20 1 2 Sn y d e r / Ch a m b e r l a i n Co d e c o n c e p t s a n d i d e a s t o b e d e v e l o p e d b a s e d o n C o uncil retreat direction. EN V I R O N M E N T A L 6 A u b u r n E n v i r o n m e n t a l P a r k A s N e e d e d Sn y d e r / An d e r s e n St a f f i s c o o r d i n a t i n g w i t h W S D O T o n P h a s e I I a c q u i s ition opportunities. 7 G r e e n Z o n e S u m m i t 2 0 1 2 Sn y d e r / An d e r s e n St a f f l o o k i n g t o r e c o n s t i t u t e b a s e d o n C o m m i t t e e f e edback at 9/10/12 meeting. 8 Gr e e n Z o n e B u s i n e s s Pl a n / M a r k e t i n g S t r a t e g y 20 1 2 Sn y d e r / An d e r s e n St a f f l o o k i n g t o r e c o n s t i t u t e b a s e d o n C o m m i t t e e f e edback at 9/10/12 meeting. PA R K S , A R T S & R E C R E A T I O N 9 L e a H i l l / G r e e n R i v e r C C P a r k T B D F a b e r Un d e r C o n s t r u c t i o n . G e n e r a l C o n s t r u c t i o n a n t i c i p a t ed to be completed in De c e m b e r w i t h C i t y I m p r o v e m e n t s s c h e d u l e d t h r o u g h M ay. Park to open in Ju n e o f 2 0 1 3 . CO M M U N I T Y S E R V I C E S D I V I S I O N 10 B u i l d i n g C o m m u n i t y TB D Hu r s h PC D C r e q u e s t e d u p d a t e a t a f u t u r e m e e t i n g ; b r i e f i n g to be scheduled. 11 H u m a n S e r v i c e s C e n t e r O n g o i n g H u r s h U p d a t e s p r o v id e d a s n e e d e d o r r e q u e s t e d . 12 Un i f y c o m m u n i t i e s t h r o u g h ce n t r a l i z e d c o m m u n i c a t i o n a n d ou t r e a c h 20 1 2 H u r s h C o m m u n i t y S e r v i c e s t o g i v e a n n u a l u p d a t e s. BO A R D S , C O M M I S S I O N S & H E A R I N G E X A M I N E R 13 A r t s C o m m i s s i o n No v e m b e r 20 1 2 Fa b e r J o i n t m e e t i n g h e l d o n 1 1 / 1 4 / 1 1 w i t h P C D C . DI.E Page 76 of 77 Oc t o b e r 0 8 , 2 0 1 2 Page 3 To p i c / I s s u e Ne x t o n P C D St a f f / C o u n c i l Le a d Co m m e n t s 14 H u m a n S e r v i c e s C o m m i t t e e F a l l 2 0 1 3 H u r s h J o i n t m e e t i n g h e l d 9 / 2 4 / 1 2 . 15 H e a r i n g E x a m i n e r O c t o b e r 2 0 1 2 D i x o n He a r i n g E x a m i n e r a t t e n d e d 1 0 / 2 4 / 1 1 m e e t i n g f o r a n n u al briefing with the Co m m i t t e e . 16 P a r k s & R e c r e a t i o n B o a r d S u m m e r 2 0 1 3 F a b e r A n n u a l u p d a t e o c c u r r e d 6 / 1 1 / 1 2 w i t h P C D C . 17 P l a n n i n g C o m m i s s i o n J a n u a r y 2 0 1 3 Sn y d e r / Ch a m b e r l a i n Jo i n t m e e t i n g h e l d J u l y 2 3 , 2 0 1 2 . C o m m i t t e e w i l l h old a joint meeting every six mo n t h s w i t h P l a n n i n g C o m m i s s i o n . 18 T r a n s p o r t a t i o n , T r a n s i t , a n d T r a i l s S p r i n g 2 0 1 3 Th o r d a r s o n A n n u a l u p d a t e o c c u r r e d 5 / 2 3 / 1 2 w i t h P C D C . 19 U r b a n T r e e B o a r d O c t o b e r 2 2 F a b e r A n n u a l u p d a t e o c c u r r e d 6 / 1 3 / 1 1 w i t h P C D C . CA P I T A L F A C I L I T I E S P L A N N I N G ( L o n g R a n g e P l a n n i n g ) 20 Tr a n s p o r t a t i o n P l a n n i n g Sc o p e : L o n g - t e r m p l a n n i n g f o r th e i n t e r r e l a t i o n s h i p b e t w e e n la n d u s e a n d t r a n s p o r t a t i o n in f r a s t r u c t u r e On - g o i n g P a r a Co m p r e h e n s i v e T r a n s p o r t a t i o n U p d a t e a d o p t e d b y C i t y Council in 2009. Up d a t e d a n n u a l l y a s n e e d e d a s p a r t o f c o m p r e h e n s i v e plan update process. 21 Tr a n s p o r t a t i o n I m p r o v e m e n t Pr o g r a m ( T I P ) Sc o p e : 6 - y e a r t r a n s p o r t a t i o n im p r o v e m e n t p r o g r a m t h a t i s up d a t e d a n n u a l l y i d e n t i f y i n g tr a n s p o r t a t i o n r e l a t e d c a p i t a l pr o j e c t s 20 1 3 Pa r a Re v i e w o f t h e 2 0 1 3 - 2 0 1 8 T r a n s p o r t a t i o n I m p r o v e m e n t Program (TIP) has been co m p l e t e d b y t h e P C D C . C i t y C o u n c i l t o o k a c t i o n o n the 2013-2018 Tr a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( T I P ) a t t h e 9 / 1 7/12 City Council meeting. 22 Ca p i t a l I m p r o v e m e n t P l a n s ( C I P ) Sc o p e : 6 - y e a r c a p i t a l im p r o v e m e n t f i n a n c i a l p l a n n i n g fo r s e w e r , w a t e r , s t o r m w a t e r an d s t r e e t s . No v e m b e r 20 1 2 Fi n a n c e Up d a t e d a n n u a l l y a s n e e d e d a s p a r t o f c o m p r e h e n s i v e plan update process. Pu b l i c h e a r i n g b e f o r e t h e P l a n n i n g C o m m i s s i o n o n O c tober 16, 2012 and then re v i e w b y t h e P C D C i n N o v e m b e r . OT H E R 23 E c o n o m i c D e v e l o p m e n t U p d a t e s A s N e e d e d M a y o r F u t ur e b r i e f i n g s t o b e p r o v i d e d a s n e e d e d . DI.E Page 77 of 77