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HomeMy WebLinkAbout10-22-2012 Agenda Packet Planning and Community Development October 22, 2012 - 5:00 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements 1. Presentation (Faber) Urban Tree Board Update Parks, Arts and Recreation Director Daryl Faber to update the Committee on the Board's 2012 plans and activities. C.Agenda Modifications II.CONSENT AGENDA A. Minutes - October 8, 2012* (Snyder) III.ACTION A. Resolution No. 4863 - Annual Action Plan for the 2013 Consolidated Annual Performance and Evaluation Report* (Hursh) Request for Committee motion action to recommend to full City Council approval of Resolution No. 4863 pertaining to the Annual Action Plan for the 2013 Consolidated Annual Performance and Evaluation Report (CAPER). B. Ordinance No. 6433 - Amendment to Auburn City Code Chapter 18.04 - Definitions and New Auburn City Code Chapter 18.23 - Commercial and Industrial Zones* (Wagner) Request for Committee motion action to recommend to full City Council approval of Ordinance No. 6433. C. Ordinance No. 6434 - New Auburn City Code Chapter 18.35 - Special Purpose Zones* (Wagner) Request for Committee motion action to recommend to full City Council approval of Ordinance No. 6434. D. Ordinance No. 6435 - New Auburn City Code Chapter 18.57 - Standards for Specific Land Uses* (Wagner) Request for Committee motion action to recommend to full City Council approval of Ordinance No. 6435. E. Resolution No. 4870* (Andersen) Request for Committee motion action to recommend to full City Council approval of Resolution No. 4870, authorizing an agreement between the City of Auburn and King County for engineering, design, and construction management services for Page 1 of 112 Project No. CP-1016, Fenster Levee Setback, Phase 2B. Please note that a separate and future Resolution action will be presented to City Council for authorization of project construction. IV.DISCUSSION ITEMS A. Financial Options Available to the City of Auburn (Coleman) The Finance Director will present additional revenue options for Committee discussion and consideration. B. Director's Report (Snyder) C. 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 2 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Presentation Date: October 16, 2012 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Faber Meeting Date:October 22, 2012 Item Number:AN.1 AUBURN * MORE THAN YOU IMAGINEDAN.1 Page 3 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes - October 8, 2012 Date: October 16, 2012 Department: Planning and Development Attachments: Draft minutes - October 8, 2012 Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to approve the minutes of the October 8, 2012 Planning and Community Development Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff:Snyder Meeting Date:October 22, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 112 Planning and Community Development October 8, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:01 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, Arts Coordinator Miaja McKnight, Economic Development Manager Doug Lein, Planning Manager Elizabeth Chamberlain, Planning Intern Gary Yao, Planner Stuart Wagner, and Planning Secretary Tina Kriss. Also present were: Scott Pondelick and Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes - September 24, 2012 (Snyder) Vice-Chair Partridge moved and Member Holman seconded to approve the September 24, 2012 minutes as written. Motion carried unanimously. 3-0 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. Page 1 of 4 CA.A Page 5 of 112 Arts Coordinator Miaja McKnight explained that in August 2012, 'The Long Look', a bronze sculpture located at Centennial Park was vandalized and stolen. The City desires to contract with artist Brad Rude to repair, re-build, and install similar artwork for $30,000.00. The sculpture will be recast with additional security considerations by summer of 2013. The City will receive replacement insurance proceeds to pay for the cost of replacing the sculpture. Committee is supportive of Resolution No. 4866, replacing the sculpture. Vice-Chair Partridge moved and Member Holman seconded to approve the Resolution No. 4866. Motion carried unanimously. 3-0 IV. DISCUSSION ITEMS A. Comprehensive Downtown Auburn Parking Management Plan (Yao) Planning Intern Gary Yao stated 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. As part of the work plan staff presented the Committee the Comprehensive Downtown Parking Management Plan draft table of contents, which includes potential parking management strategies, a deliverable of Task 3 (Public Parking Methods). Committee and staff reviewed the draft Table of Contents. The Committee is supportive with the general plan outline and table of contents. Committee would like to explore and evaluate the following topics as part of the downtown parking strategy: • Is there the potential for the City to provide a cell phone application showing parking locations in the City? • Could the City owned property be opened up for seasonal uses for the community? • Is there a greater benefit to the community if the City owned property was sold to a private owner to provide more parking inventory? Staff will review previous studies/committee meetings to see if this was studied or reviewed. • In the short/long-term, would the City or merchants benefit from paid parking and should the City provide municipally owned and operated parking spaces for individuals or businesses? • Is there alternative use of the City owned land that would benefit the community? • How much is the value of the City owned parking facilities? • After the four (4) block City area is redeveloped, what will the long-term parking needs be for the community and how much City inventory will be left to serve that need? Page 2 of 4 CA.A Page 6 of 112 B. Code Update Project Phase 2, Group 2 (Wagner) Planner Stuart Wagner reviewed the results of the public hearing on the Code Update Project Phase 2, Group 2 held at the October 2, 2012 Planning Commission meeting. There was no one from the public present for comment, and the Planning Commission recommended minor changes to the proposed code amendments to Title 18 - Zoning of the Auburn City Code related to non-residential zones (Code Update project - Phase 2 - Group 2) and forwarded a recommendation for approval of the proposed amendments to the City Council. Planner Wagner provided a handout reflecting the changes recommended by the Planning Commission. Committee and staff reviewed the draft code updates. Committee made the following recommendations: Modify Table 18.23.030 (pg 34 of 77) where the C-N, C-1, C-2, C-4 and EP Zoning Designations have Drive-through espresso standards as an administrative use instead of a prohibited use. Modify Table 18.23.030 (pg 33 of 77) where “foreign trade zones” (allowing for bonded federal/foreign warehousing businesses) are added to list of uses, either as permitted uses or administrative uses in the M1 and M2 zone. “Foreign trade zones” would also need to be defined in the code. Planning staff to return with suggested code language. Modify line item 55, pg 50 of 77, to allow other businesses or vendors to sell merchandise or hold temporary events in the outdoor display areas. Planning staff to return with suggested code language. Line item 49, pg 51 of 77, add the word daily to read “Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a regular daily basis for proper disposal as solid waste”. C. 4Culture Grant Opportunity (Chamberlain) Planning Manager Elizabeth Chamberlain updated the Committee on the 4Culture Grant opportunity as part of an interlocal agreement with King County for historic preservation services. 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. Awards in amounts ranging from $1,000 to $6,000 will be announced in December for project implementation in 2013. 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 Page 3 of 4 CA.A Page 7 of 112 services contract for putting together the landmark nomination paperwork that is ultimately submitted to King County Historic Preservation Office. Committee was supportive of moving forward to apply for an application for landmark designation for the Pioneer Cemetery as a King County and Auburn Landmark. Committee recommended changing the name Pioneer Cemetery to Japanese-American Pioneer Cemetery. D. Director's Report (Snyder) Planning Director Snyder reminded Committee that Thursday, October 11th at 7:00 p.m. there is a SEARCH Members Cities Forum at the Black Diamond Community Center. The City has applied for the Bloomberg nation wide innovation grant for Cities last week. Part of the requirements was to provide breakthrough ideas and innovative ideas to improve the City. The City applied on behalf of the Auburn Veterans and Community Services Center. The City will find out this month if the City was selected to move forward in the selection process. The City received 25 new residential single family home applications in one day and continues to receive commercial tennant improvement applications. E. PCDC Matrix (Snyder) Committee and staff reviewed the matrix. Committee has no changes or additions. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:52 p.m. APPROVED THIS _______ day of ______________________, 2012. ________________________________ Nancy Backus - Chair ________________________________ Tina Kriss - Planning Secretary Page 4 of 4 CA.A Page 8 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4863 - Annual Action Plan for the 2013 Consolidated Annual Performance and Evaluation Report Date: October 9, 2012 Department: Administration Attachments: 2013 Annual Action Plan RES NO. 4863 Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend City Council adopt Resolution No. 4863 pertaining to the Annual Action Plan for the 2013 Consolidated Annual Performance and Evaluation Report CAPER. (Final action is scheduled for the City Councils November 5, 2012 regular meeting.) Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The public hearing on October 15, 2012, is required by HUD to gather public input about the proposed "2013 Action Plan" section of the City of Auburn's Consolidated Housing and Community Development Plan. The 2013 Action Plan outlines proposed expenditures to implement the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates that in 2013 approximately $450,000 of CDBG funds will be available for projects that are consistent with federal regulations and the objectives and policies of Auburn's Consolidated Housing and Community Development Plan. In 2013 the CDBG funds will be combined with approximately $550,000 of General Funds to create a total human services budget of approximately $1,000,000. AUBURN * MORE THAN YOU IMAGINEDACT.A Page 9 of 112 No action is required by the City Council at the October 15, 2012, public hearing. Staff will take into consideration the oral and written comments offered by the public when it prepares its recommendations for final revisions to the 2013 Action Plan. The Planning and Community Development Committee is scheduled to consider final revisions to the Plan on October 22, 2012. A resolution to adopt the Plan is scheduled to go before the City Council at their regular meeting on November 5, 2012. The deadline to submit the Plan to H.U.D. is November 15, 2012. A public notice announcing the October 15, 2012 public hearing and a brief description about the 2013 Action Plan was published in The Seattle Times. The deadline to submit written comments is October 30, 2012. Public Hearing was held on October 15, 2012, staff will update the Committee on any public comments at the time of meeting. Reviewed by Council Committees: Other: Public Hearing at City Council on 10/15/12 Councilmember:Backus Staff:Hursh Meeting Date:October 22, 2012 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 10 of 112 Department of Administration & Community Services 25 West Main Street Auburn, Washington 98001 (253) 931-3041 2013 Annual Action Plan Update to the City of Auburn's Consolidated Plan for Housing and Community Development Fiscal Years 2011 – 2014 October 15, 2012 (IMPORTANT NOTE: Program description and dollar amounts represented in this plan may change subject to the availability of funds and final approval by the Department of Housing and Urban Development.) ACT.A Page 11 of 112 October 16, 2012 2 2013 Annual Action Plan EXECUTIVE SUMMARY Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2011 to 2014. Actions that will be undertaken in 2013 are outlined in this “Annual Action Plan”. The City of Auburn anticipates the receipt of approximately $455,000 in Community Development Block Grant (CDBG) funds in 2013. Auburn's CDBG funds will be combined with approximately $550,000 of General Funds to create a total Human Services budget of approximately $1,000,000 in 2013. Human Services is responsible for providing and managing financial resources to more than 30 non-profit agencies that serve the Auburn community, administering the local housing repair program, and developing collaborations among community partners to strengthen the response to residents in need. The 2013 Action Plan proposes to allocate approximately $70,000 of CDBG funds to public services. Most of those funds ($57,500) will be used to provide dental and medical care to uninsured, low income Auburn residents and $10,000 for employment training. Approximately $90,000 of the CDBG funds will be allocated to program administration, which includes planning. The remaining $290,000 will be allocated to housing repair ($100,000), economic development ($37,500), and support of enhancing youth outreach and gang prevention. The City of Auburn is committed to focusing more on achieving solutions to recurring social problems and achieve a greater collaboration among service providers. The Department of Housing and Urban Development has worked to standardize the performance measurements listed in the Consolidated Plan. The 2013 Action Plan combines the changes that both the City of Auburn and HUD have implemented. Overall the implementation of the 2012 Action Plan is progressing as planned and most of the activities listed are underway. A more detailed report of 2012 activities will be summarized in the Consolidated Annual Performance and Evaluation Report (CAPER) that will be drafted and released for public review before the end of the first quarter of 2013. CITIZEN PARTICIPATION AND CONSULTATION The development of the Annual Action Plan involves both citizen participation and consultation with local service providers. Citizen participation in the planning process began at a joint meeting between the Auburn City Council and Human Services Committee. At this meeting, Council and Committee members identified a series of community results that they would like to achieve through the appropriation of City funds. The City consults with local service providers primarily through the solicitation of applications for Human Services grants. Grant applications prepared by service providers furnishes the City information regarding the goals of the agency, target populations, proposed services, gaps in the delivery of services, linkages to poverty reduction strategies and collaboration with other service providers. This information is reviewed by City staff and the Human Services Committee. The Human Services Committee's recommendations were incorporated into the 2013 Action Plan and presented to the City Council's Planning and Community Development (PCD) Committee in ACT.A Page 12 of 112 October 16, 2012 3 September 2012. A preliminary draft of the 2013 Action Plan was distributed to all the grant applicants and local service providers. A public notice was issued and posted at City Hall, the Auburn Senior Center, and on the City of Auburn’s website on October 1, 2012; this information was also published in The Seattle Times announcing that copies of the proposed 2013 Action Plan were available for public review. The City Council will schedule a public hearing to gather testimony about the plan before it takes action to review and adopt it. The following outlines the remaining steps regarding citizen participation and consultation for the 2013 Action Plan: October 1, 2012: Start of Public Review Process October 15, 2012: Public Hearing End of Public Review Process November 5, 2012: Council takes action to adopt the 2012 Annual Action Plan November 15, 2012: Deadline to submit the plan to HUD HOUSING AND COMMUNITY DEVELOPMENT RESOURCES 2013 CDBG ESTIMATED RESOURCES In 2012 the City of Auburn received $400,000 of CDBG funds. In 2013 the City estimates that its CDBG funds will increase slightly from last year’s CDBG entitlement. The 2013 Action Plan includes a contingency plan in the event that CDBG funds increase or decrease. CDBG ESTIMATED RESOURCES $450,000 CDBG 2013 Entitlement (estimated) $450,000 Total Estimated CDBG Funds Available in 2013 ACT.A Page 13 of 112 October 16, 2012 4 OTHER RESOURCES General Funds The City of Auburn allocates up to one percent (1%) of its general fund expenditures to provide human services for Auburn residents through contracts with non-profit agencies. Assuming the City will continue to receive the same amount of general fund revenues, the estimated allocation from General Fund budget for human service grants is $550,000 in 2013. TOTAL RESOURCES Funding Source 2013 -- CDBG Funds $ 450,000 -- General Funds $ 550,000 Total Estimated Funds Available $ 1,000,000 CITY OF AUBURN FUNDING PRIORITIES The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty with the City of Auburn. Toward this end, the City will give funding priority to programs that - in addition to complying with federal regulations and addressing a priority outlined in the Consolidated Plan - are consistent with the following anti-poverty strategy for resource allocation. 1. Each project must satisfy one of the three following overriding goals: Help people move out of poverty; Prevent people from entering poverty; Address the basic needs of people living in poverty. 2. In making funding decisions, the City will give priority to programs that: Support, complement or are consistent with other current City plans; Are sustainable over time; Have demonstrated cooperation and collaboration among government, private nonprofit agencies and the private sector to maximize impacts and reduce administrative costs; Do not have a more appropriate source of funds. 3. The City will give priority to programs that provide services addressing the basic needs of Auburn's most at-risk populations. A priority population for CDBG-funded services is individuals who are denied, by poverty and historical institutional practices, the opportunity to develop their full potential and to enjoy the benefits of community participation. 4. CDBG funded services must be, to the fullest extent possible, appropriate and accessible to people who may face special barriers in accessing services. ACT.A Page 14 of 112 October 16, 2012 5 5. The CDBG program was built on a premise of citizen participation in the formation of policies, including funding decisions, which address neighborhood and community needs. The City will give priority to programs that promote community initiatives to identify priority needs and to address those needs. 6. The City will give priority to programs that build and support the capacity of local organizations to address the needs of Auburn residents. 7. The City will give priority to programs that support economic development and promote access to quality jobs - positions that pay well enough to support an adequate standard of living, allow the purchase of housing and other basic necessities, offer stability and decent working conditions, and provide opportunities for advancement. 8. Funding priority will be given to agencies that provide direct services to Auburn residents at locations within the city limits of Auburn. COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN The City of Auburn solicited proposals from local service providers to achieve the following community results within the areas listed below. Population performance indicators will be applied to assess the overall success of the effort and the value of ongoing support; these indicators will be utilized to determine the effectiveness of individual programs. Overall Result: One-Stop Center The City of Auburn will fund human service providers who participate in the design, development and operation of a One-Stop Center in Auburn and the efficient, collaborative and integrated delivery of services it offers. Agencies who agree to participate in the design and development of a One-Stop Center in Auburn may apply for funding to accomplish one or more of the following community results: Abused and Neglected Children: The City of Auburn will fund human service providers that increase supportive services to children who are neglected and abused, specifically the number of children who are victims of on-going and repeated neglect and abuse, within the city of Auburn by 15% over the next three (3) years. Victims of Domestic and Sexual Assault: The City of Auburn will fund human service providers that increase the number of Auburn residents, who are victims of domestic violence, that make the transition to a safe environment and self-determining lifestyle by 15% within the next three (3) years. Poverty Reduction: The City of Auburn will fund human service providers who increase the number of Auburn residents no longer living in poverty by 15% within the next three (3) years. Substance Abuse: The City of Auburn will fund human service providers to develop strategies that increase the successful completion of treatment programs by Auburn residents who have serious behavioral and health problems due to substance abuse and chemical dependency by 15% within a three (3) year period. Physically and Mentally Fit: The City of Auburn will fund human service providers that increase the availability, accessibility and use of health care to its low income residents by 15% within a three (3) year period. ACT.A Page 15 of 112 October 16, 2012 6 2013 PROPOSED ACTIVITIES TO ACHIEVE RESULTS The City of Auburn requested proposals to achieve the following national objectives and community results. Create a Suitable Living Environment: One-Stop Center: -- Create a suitable living environment for Auburn's low income residents and people with special needs by using its CDBG funds to make available float loans and Section 108 Loan Guarantees to leverage the funds necessary to develop a Community Center and future campus for the One-Stop Center which will provide for the collocation and integrated delivery of human services. Abused and Neglected Children: -- The City of Auburn proposes to allocate approximately $180,000 of its General Funds, to generate approximately 7,700 hours of services and 160 home visits that will benefit 1,657 Auburn adults and children, for the purpose of reducing chronic abuse and neglect of children. Victims of Domestic and Sexual Assault: -- The City of Auburn proposes to allocate $89,000 of its General Funds to provide 1,500 referrals for assistance, 160 shelter bednights, 700 hours of case management and 550 hours of therapy to approximately 600 victims of domestic violence and sexual assault. Physically and Mentally Fit: -- Create a suitable living environment by making health care available to 78 or more low- income, uninsured Auburn residents by allocating $40,000 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- Create a suitable living environment by making dental care available to 70 or more low- income, uninsured Auburn residents by allocating $17,500 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- The City proposes to allocate an additional $45,000 of its General Funds for the purpose of creating access to health care to over 1,000 low-income Auburn residents and enabling over 3,200 visits to qualified health care providers. Poverty Reduction: -- The City of Auburn proposes to allocate $80,500 of its General Funds to provide nearly 12,000 Auburn residents emergency assistance such as food, financial assistance, and clothing. -- The City of Auburn proposes to allocate $14,500 of its General Funds to provide over 60 Auburn senior citizens congregate meals and home-delivered meals and over 1,200 Auburn residents a weekly meal. -- The City of Auburn proposes to allocate $51,000 of its General Funds to provide over 100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional housing. ACT.A Page 16 of 112 October 16, 2012 7 Substance Abuse: -- The City of Auburn proposes to allocate $10,000 of its General Funds to support a program that provides integrated care to non-Medicaid clients who require both substance abuse treatment and mental health counseling. Provide Decent Housing: Maintain the affordability of decent housing for very low-income Auburn residents by allocating $150,000 of CDBG funds to the City of Auburn's Housing Repair Program for the purpose of providing repairs necessary to maintain suitable housing for 50 Auburn homeowners, including 25 homeowners who are senior citizens and 5 homeowners who lack safe access in or out of their homes due to physical disabilities or impairment. Expand Economic Opportunities: Create economic opportunities by providing the availability and access to counseling and training for approximately 25 Auburn residents who are either trying to sustain or create a small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG funds to the Green River Community College's Small Business Assistance Center. Create economic opportunities by providing the availability and access to train approximately 15 very-low income Auburn residents so that at least half of them can find and sustain a job by allocating $10,000 of CDBG funds to the Multi-Service Center Employment Program. ACT.A Page 17 of 112 October 16, 2012 8 DISTRIBUTION OF FUNDS CDBG Funds Proposed CDBG Disbursements 2013 Public Services -- HealthPoint: Dental & Medical Care $57,500 -- Multi-Service Center Employment Program $10,000 subtotal: Public Services $67,500 Capital Funds -- Affordable Housing ….. City of Auburn Housing Repair Program $100,000 ….. SEARCH $50,000 ….. Valley Cities Phoenix Project $50,000 -- Suitable Living Environment ….. Wesley Homes Skilled Nursing Facility $50,000 -- Economic Development ….. GRCC Small Business Assistance Center $37,500 ….. Downtown Business Façade Program $10,000 subtotal: Capital Funds $297,500 Administration -- Program Management …. City of Auburn Community Services $90,000 Subtotal: Administration $90,000 Total CDBG Funds: $455,000 Source of CDBG Funds: 2013 -- 2013 Estimated Entitlement: $450,000 Total Estimated CDBG Funds $450,000 ACT.A Page 18 of 112 October 16, 2012 9 Human Services (General Fund) 2013 Auburn Human Service Agencies: 2013 … ACAP: Childcare Subsidies 20,000 … Auburn Youth Resources 85,000 … Birth to Three Development Center 10,000 … CHS: Family Resource Center 20,000 … CHS: Strengthening Families Program 10,000 … Dynamic Partners: Children's Therapy Center 10,000 … Communities In Schools 5,000 … Neighborhood House: Employment & Family Self Sufficiency 5,000 … Pediatric Interim Care Center 10,000 … Safe Havens Visitation Center 5,000 subtotal: 180,000 … Consejo 10,000 ... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3,000 … DAWN 9,000 … KCSARC 22,500 … Jubilee Center: Latino Program 7,500 … VCCC: DV Survivor Support/Therapy 12,000 … YWCA: Children DV Services 5,000 … YWCA: DV Services 20,000 subtotal: 89,000 … Auburn Respite 10,000 … Christ Community Free Clinic 20,000 … Senior Services Vol. Transportation 5,000 … SKC: Mobile Medical Program 10,000 … VCCC: COD Treatment 10,000 subtotal: 55,000 ACT.A Page 19 of 112 October 16, 2012 10 Human Services (General Fund) 2013 (Continued) Auburn Human Service Agencies: 2013 … AFB: Emergency Food 35,000 … AFB: Community Suppers 5,000 … Auburn Senior Center: Meals Program 4,500 … CCS: CHORE Program 3,000 … CCS: HOME/ARISE 15,000 … CCS: Katherine’s House & Rita’s House 5,000 … Senior Services: Meals on Wheels 7,000 … Multi-Service Ctr.: Emergency & Transitional Housing 8,000 … Pregnancy Aid 5,000 … Sound Mental Health: PATH 5,000 … St. Vincent de Paul: Emergency Assist. 10,000 … South King Council of Human Services 5,000 … Ukrainian Community Center: Crisis Intervention 5,000 … Ukrainian Community Center: Refugee Assistance 7,500 … WWEE: REACH 8,000 … YWCA: Emergency Housing 4,000 … YWCA: Transitional Housing 14,000 subtotal: 146,000 Total General Fund Human Services $470,000 Contingency Plans for Changes in Funding Total appropriations may not exceed actual revenues and no liability is to be incurred in excess of appropriations. In the event that actual revenues are different than the revenues estimated by the CDBG budget, the following actions shall be taken: (a) CDBG Public Service Programs: In the event the City receives a lesser amount of CDBG funding than budgeted for public services, then the reduction will be made as follows: 1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment Program by $7,500 or the amount of the funding reduction, which ever amount is less. 2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of the reduction, which ever amount is less. ACT.A Page 20 of 112 October 16, 2012 11 (b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the amount of reduction will be prorated evenly among the funded project. (c) Unspent CDBG Capital Grants: The funds appropriated to subrecipients for capital improvements must be expended within the term of the subrecipient’s CDBG grant agreement. CDBG funds appropriated for capital improvements will be considered abandoned, and the funds will be re-appropriated, if any of the following conditions exist: (a) The term of the grant agreement expires and the subrecipient fails to request an extension in accordance with the terms of the agreement. (b) The subrecipient fails to submit a request for reimbursement or fails to submit an activity report during the program year. (c) The subrecipient fails to make the project “bid ready” within the first year after the appropriation. “Bid ready” means that, at a minimum, the bid specifications are drafted and the subrecipient is ready to solicit bids. (d) General Fund Public Services: 1. Reduction of General Fund Revenues: In the event of a reduction in the general fund appropriation for human services, the reductions will be applied in the following order: (a) Communities In Schools: the lesser of $5,000 or the amount of the reduction. (b) St. Matthew's Jubilee Center's Latino Program: the lesser of $7,500 or the remaining amount of the reduction. (c) CHORE Program: the lesser of $3,000 or the remaining amount of the reduction. (d) If the above reductions remain less than the total amount of the general fund reduction, then the remaining amount of the reduction will be applied evenly by a prorated amount among the remaining appropriations. 2. Increase in Funding: In the event of an increase in funding, then previous reductions in appropriated amounts, if any, will be restored to the amounts recommended for 2013 in the reverse order in which the above reductions were made. If funds remain after all reductions have been restored, then the remaining funds will be distributed according to the allocation recommended by the Planning and Community Development Committee and approved by the City Council. FAIR HOUSING The City of Auburn continues to monitor compliance with the Fair Housing Act. Complaints are referred to the Washington State Human Rights Commission for resolution. In 2006, the City completed an Analysis of Impediments to Fair Housing Choice (AI) as required for CDBG entitlement communities. The Fair Housing Consultant identified three impediments and made three recommendations. The recommendations were: ACT.A Page 21 of 112 October 16, 2012 12 • Expand current education and outreach efforts; • Continue ongoing enforcement activities; and • Target homeownership and lending marketing to minority households. The City has implemented and continues to expand these recommendations. Information about Fair Housing will be put on the City of Auburn's website and made available at City Hall. The information will include links pertaining to where residents can file a complaint in the event of alleged discrimination. Information will be available in English and Spanish. Summary data regarding the number of fair housing complaints filed against landlords and realtors in Auburn will be reported in the CAPER. PUBLIC HOUSING The City of Auburn continues to support public housing communities located within its city limits. Many of the residents who receive the services provided by the City's human service grants live in public housing communities. Two grant recipients are located within public housing communities. In addition, the City of Auburn's Housing Repair program serves approximately 10 – 12 residents per year who live at Tall Cedars Mobile Home Park, which is owned by the King County Housing Authority. Home repairs include furnaces, hot water tanks, wheelchair ramps and other repairs necessary to keep the home habitable. The following summarizes the grants provided to specific public housing communities: Agency/Program Public Housing Community Amount Auburn Food Bank Burndale $40,000 Housing Repairs Tall Cedars Mobile Home Park $50,000 Total: Public Housing Community Programs $90,000 CHRONIC HOMELESSNESS The City of Auburn will continue to provide funding to regional and local agencies that provide assistance to homeless families. In 2013 the City will strive to maintain a continuum of care for homeless families that includes emergency assistance, emergency shelters, severe weather shelter and transitional housing. In addition, the City provides funds for the provision of medical care, childcare and employment training to help prevent people from becoming homeless. The City of Auburn plans to allocate $55,000 of its General Funds to provide more than 4,000 bednights of emergency shelter and/or transitional housing to approximately 120 Auburn residents. The following summarizes the grants awarded with the intent to reduce chronic homelessness: ACT.A Page 22 of 112 October 16, 2012 13 Agency / Program Award Residents Services Provided Catholic Community Services Katherine’s House & Rita’s House $5,000 3 transitional housing DAWN Confidential Shelter $9,000 15 160 bednights Multi-Service Center $8,000 29 870 bednights HOME/ARISE Emergency Shelter $15,000 30 1,650 bednights YWCA Emergency & Transitional Housing $18,000 46 1,400 bednights Total: $55,000 123 4,080 bednights GEOGRAPHIC DISTRIBUTION CDBG funds spent on neighborhood revitalization and housing repairs for targeted neighborhoods will occur primarily within the Census Tract 306 and Census Tract 307. According to the Census Bureau, these two census tracts are predominantly low income with median household incomes less than 80% of the King County median household income. Public services funded with CDBG funds and housing repairs in non-targeted neighborhoods will be offered to low income or limited clientele residents citywide. LEAD-BASED PAINT HAZARDS The City of Auburn will continue to implement U.S. Department of Housing and Urban Development (HUD) regulations to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government. The requirements apply only to housing built before 1978; the year lead-based paint was banned nationwide for consumer use. The following table summarizes actions required by these regulations. Amount of Grant <$5,000 $5,000-$25,000 > $25,000 General Approach Do No Harm Identify and control lead hazards Identify and abate lead hazards Notification Pamphlet Pamphlet & Notice of Assessment Pamphlet & Notice of Hazard Reduction Evaluation Visual Paint Testing Risk Assessment Reduction Strategy Repair surfaces disturbed during rehab work Interim Controls Abatement and Interim Controls BARRIERS TO AFFORDABLE HOUSING The City of Auburn will continue to look at policies that remove barriers to affordable housing. The City of Auburn's Comprehensive Land Use includes several policies and objectives that will guide the City toward achieving its affordable and fair housing goals. These policies include maintaining flexibility in land use to achieve a balanced mix of affordable housing opportunities. The City will continue to pursue mixed use developments that are consistent with the ACT.A Page 23 of 112 October 16, 2012 14 transportation oriented developments located in Auburn's downtown. The City will look for opportunities with public and private agencies to implement policies and offer programs that help alleviate physical and economic distress, conserve energy resources, improve the quality and quantity of community services, and eliminate conditions that are detrimental to health, safety and public welfare. LOW-MODERATE INCOME BENEFITS Over the past three years approximately 90% of the clients served by programs funded with CDBG funds earned low to moderate incomes. The beneficiaries of programs funded in 2013 with CDBG funds are not expected to deviate from these past trends. The City of Auburn will continue to distribute its funds for human services based on priority needs identified for people with low-to-moderate incomes with a particular emphasis on people who live in poverty. POLICIES AND CERTIFICATIONS Agencies applying for CDBG funds are required to respond to general and program specific polices in their applications. All projects are evaluated to determine if they are: 1. Eligible relative to federal guidelines; 2. Consistent with the program objectives and strategies; 3. Consistent with local, state and federal regulations; 4. Feasible within contract and timeline guidelines; and 5. Capable of developing and measuring outcomes. These policies include, among others: • Consistency with local codes and policies; • Restrictions on the change of use of property and buildings which were acquired or improved with CDBG funds; • Minimization of displacement and the provision of relocation assistance; • Adherence to federal wage rates; • Compliance with federal audit requirements; and • Adherence to and enforcement of lead-based paint abatement regulations, fair housing laws and affirmative action. DOCUMENTATION AND ON-SITE MONITORING Detailed records are maintained and reviewed to determine and assure agency compliance with its contract and other applicable regulations. Deficiencies in record keeping are documented and technical assistance to correct noted deficiencies is provided. The failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding. ACT.A Page 24 of 112 October 16, 2012 15 FISCAL AUDITS The City conducts an internal audit to ensure that its records are complete and agencies are complying with applicable rules and regulations. In addition, the City’s records are subject to an independent annual audit by the State Auditor. Both the City's internal audit and the State Auditor test to determine the City’s compliance with the following CDBG requirements: Political Activity; Davis-Bacon and Related Acts; Civil rights; Cash Management; Federal Financial Reports; Allowable Costs & Cost Principles; Drug-Free Workplace Act; and Various administrative requirements. MORE INFORMATION For more information and/or to get on the City's mailing list for Consolidated Plan updates and grant applications, please contact: Michael Hursh, Advisor to the Mayor Department of Administration 25 West Main Street, Auburn, WA 98001 Phone: (253) 804-5029 Email: mhursh@auburnwa.gov ACT.A Page 25 of 112 -------------------------- Resolution No. 4863 November 5, 2012 Page 1 of 2 RESOLUTION NO. 4863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN FOR THE CONSOLIDATED PLAN FOR YEARS 2010 TO 2014 WHEREAS, the City of Auburn was designated as an entitlement community by the U.S. Department of Housing and Urban Development (HUD) for its Community Development Block Grant (CDBG) Program; WHEREAS, the primary objective of the Consolidated Plan and CDBG Program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low- and moderate-income; WHEREAS, to be eligible for funding, the City of Auburn must annually update the action plan for its Consolidated Plan that serves as a federally required planning document to guide the City of Auburn's human service and community development efforts; WHEREAS, the planning process to develop the Consolidated Plan involved citizen participation and guidance from non-profit and governmental agencies serving low income residents in the community; WHEREAS, the City Council of the City of Auburn heard and considered public comment about its proposed 2013 Action Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES HEREBY RESOLVE TO: ACT.A Page 26 of 112 -------------------------- Resolution No. 4863 November 5, 2012 Page 2 of 2 Section 1. Pursuant to provisions of 24CFR91, the City hereby adopts the 2013 Action Plan for the Consolidated Plan for Years 2010 to 2014. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this ______ day of November, 2012. _________________________ Peter B. Lewis Mayor ATTEST: _______________________ Danielle Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.A Page 27 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6433 - Amendment to Auburn City Code Chapter 18.04 - Definitions and New Auburn City Code Chapter 18.23 - Commercial and Industrial Zones Date: October 16, 2012 Department: Planning and Development Attachments: Memorandum Ordinance No. 6433 Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend the City Council adopt Ordinance No. 6433. 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; AUBURN * MORE THAN YOU IMAGINEDACT.B Page 28 of 112 * 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. Ordinance 6433 will amend Chapter 18.04 (Definitions) of the Auburn City Code, add a new Chapter 18.23 (Commercial and Industrial Zones) to the Auburn City Code and repeal Chapters 18.24, 18.26, 18.28, 18.30, 18.32, 18.33, and 18.34 of the Auburn City Code. The purpose of this ordinance is to reorganize and update regulations and standards related to commercial and industrial uses. The ordinance will also provide an adequate set of definitions for the land uses the zoning code regulates. On October 2, 2012 the Planning Commission held a public hearing on the proposed code amendments. At the close of the public hearing the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments. Since the public hearing, the code amendments have been reviewed by the Planning and Community Development Committee. The PCDC had several suggestions to the proposed code amendments. Those changes are outlined in a memorandum (Attachment 1) and are incorporated in Ordinance No. 6433 (Attachment 2). Reviewed by Council Committees: Planning And Community Development Other: Planning, Planning Commission Councilmember:Backus Staff:Wagner Meeting Date:October 22, 2012 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINEDACT.B Page 29 of 112 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 17, 2012 Re: Code Update Project – Phase 2, Group 2 Discussion of proposed code amendments for non-residential zones Background On October 8, 2012 staff presented the Code Update Project Phase 2, Group 2 zoning code text amendments to the Planning and Community Development Committee. At that meeting the Committee went over the new definitions and Chapters that would be added to Title 18 – Zoning. Following the review of the proposed amendments, the Committee had several suggestions to staff. Staff has taken those suggestions and modified the proposed text amendments in the following manner: Discussion – Chapter 18.23 – Commercial and Industrial Zones (pg. 13 &14 of Ordinance 6433) 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 … Warehousing and distribution X X X X X C X C ACC 18.57.020 C Warehousing and distribution, bonded and located within a designated Foreign Trade Zone X X X P X P P P Wholesaling with on site retail as an incidental use (coffee, bakery, eg.) X X X P X P P P ACT.B Page 30 of 112 Discussion – Chapter 18.57 – Standards for Specific Land Uses (page x and x of Ordinance 6435) 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. A. Outdoor storage, incidental to principal permitted use on property 1. C-3 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure, provided also that for corner lots no outdoor storage is allowed between a building and a side street lot line. For through lots, the location for outdoor storage shall be determined by the planning director. c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on undeveloped lots. e. Outdoor storage shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, though an administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2). f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040.C(5) g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition. i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted. 18.57.035 Retail. D. Outdoor displays and sales 1. All Zones where permitted a. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas. Other off-site businesses or vendors may be allowed to sell merchandise or hold a temporary event in the outdoor display areas provided the sale/event is conducted for three days or less, not visible from a public street, does not block required pedestrian or vehicle access, and a party submits a written description of their intended use of the property to the City a minimum of seven (7) calendar days prior to use and abides by any written conditions of use required by the City. If any of the aforementioned requirements cannot be met a temporary use permit subject to the provisions of Chapter ACC 18.46A is required. 18.57.040 Services. C. Kennels, animal boarding a. All Zones where permitted a. All pens shall be enclosed in an enclosed building. 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 RETAIL Drive-through espresso stands A X A X A X P A X P A X A X ACT.B Page 31 of 112 b. The property on which the kennel is to be located shall be no closer than one hundred (100) feet to any residential zone. c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m. and 6:00 p.m. d. The facility must be air conditioned. e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. f. The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. g. Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a regular daily basis for proper disposal as solid waste. h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface water disposal system. i. Strained solids and hair shall be properly disposed of as solid waste. ACT.B Page 32 of 112 DRAFT ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 1 of 23 ORDINANCE NO. 6 4 3 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 18.04 OF THE AUBURN CITY CODE RELATING TO DEFINITIONS; CREATING A NEW CHAPTER, 18.23 TO THE AUBURN CITY CODE “COMMERICAL AND INDUSTRIAL ZONES”; AND REPEALING CHAPTERS 18.24, 18.26, 18.28, 18.30, 18.32, 18.33, AND 18.34 OF THE AUBURN CITY CODE; ALL RELATING TO ZONING WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the proposed zoning code amendments will reorganize and update regulations and standards related to commercial and industrial uses; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on October 2, 2012, on the proposed code amendments regarding commercial and industrial zones, special purpose zones and standards for specific land uses; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 2, 2012, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and ACT.B Page 33 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 2 of 23 WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA) with a final determination of non-significance (DNS) issued July 16, 2012; and WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- day state review; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the City Council finds that the proposed amendments improve the readability and use of the City Code, updates technical aspects of the code, improves the City’s development review process, and promote sustainability concepts where feasible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 18.04 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 18.04 DEFINITIONS Sections: 18.04.010 General definitions. 18.04.018 Accessory dwelling unit. 18.04.019 Accessible electric vehicle charging station. 18.04.020 Accessory use. 18.04.021 Accessory use, manufactured home community. 18.04.022 Repealed. 18.04.023 Accessory use, residential. ACT.B Page 34 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 3 of 23 18.04.024 Repealed. 18.04.025 Administrative use. 18.04.027 Repealed. 18.04.030 Repealed. 18.04.031 Adult family home. 18.04.032 Repealed. 18.04.035 Agricultural enterprise. 18.04.036 Agricultural store. 18.04.040 Airport, heliport or aircraft landing field. 18.04.050 Airport elevation. 18.04.060 Airport hazard. 18.04.070 Airport landing area. 18.04.080 Airport reference point. 18.04.090 Alley. 18.04.100 Amusement device, mechanical. 18.04.110 Apartment. 18.04.120 Arcade. 18.04.125 Assisted living facility. 18.04.130 Automobile repair. Repealed.18.04.150 Automobile wrecking. 18.04.160 Automobile wrecking yard. 18.04.170 Automobile, trailer, equipment sales area. 18.04.171 Battery charging station. 18.04.172 Battery electric vehicle (BEV). 18.04.173 Battery exchange station. 18.04.175 Bed and breakfast. 18.04.180 Boardinghouse. 18.04.185 Repealed. 18.04.190 Building. 18.04.192 Building and landscape materials sales. 18.04.194 Building contractor, heavy. 18.04.195 Building contractor, light. 18.04.200 Building height. 18.04.210 Building, main. 18.04.220 Repealed. 18.04.230 Building site. 18.04.235 Built green. 18.04.235.1 Caretaker apartment. 18.04.236 Charging levels. 18.04.240 Commercial use. 18.04.245 Commercial vehicle. 18.04.246 Commercial recreation facility, Indoor. 18.04.247 Commercial recreation facility, Outdoor. 18.04.248 Community retail establishment. 18.04.250 Comprehensive plan. 18.04.260 Conditional use. 18.04.265 Condominium. 18.04.270 Conforming use. 18.04.280 Repealed. 18.04.282 Convenience store. 18.04.283 Crematorium. 18.04.285 Dangerous waste. 18.04.290 Daycare center, nursery school, preschool. ACT.B Page 35 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 4 of 23 18.04.294 Designated accessible space. 18.04.295 Designated facility zone. 18.04.300 Density. 18.04.301 Density, base. 18.04.302 Density bonus. 18.04.303 Density, minimum. 18.04.310 Development standards. 18.04.318 Dripline. 18.04.320 Repealed. 18.04.325 Domestic fowl. 18.04.330 Dwelling. 18.04.340 Dwellings, types of. 18.04.350 Dwelling unit. 18.04.351 Electric scooters and motorcycles. 18.04.352 Electric vehicle. 18.04.353 Electric vehicle charging station. 18.04.354 Electric vehicle charging station – restricted. 18.04.355 Extremely hazardous waste. 18.04.356 Electric vehicle charging station – public. 18.04.357 Electric vehicle infrastructure. 18.04.358 Electric vehicle parking space. 18.04.359 Entertainment, commercial. 18.04.360 Family. 18.04.370 Fence. 18.04.372 Fence, screened. 18.04.374 Fence, 100 percent sight-obscuring. 18.04.380 Floor area. 18.04.390 Foster care home. 18.04.395 Fueling station. 18.04.400 Garage or carport, residential. 18.04.410 Garage, commercial. 18.04.411 Golf course. 18.04.412 Governmental facilities. 18.04.420 Grade. 18.04.425 Green building practices. 18.04.430 Gross floor area. 18.04.440 Group residence facility. 18.04.450 Guest cottage. 18.04.452 Hazardous material. 18.04.453 Hazardous substance. 18.04.454 Hazardous substance processing or handling. 18.04.455 Hazardous waste. 18.04.456 Hazardous waste storage. 18.04.457 Hazardous waste treatment. 18.04.458 Hazardous waste treatment and storage facility, off-site. 18.04.459 Hazardous waste treatment and storage facility, on-site. 18.04.460 Home occupation. 18.04.465 Homeless encampment. 18.04.466 Horse riding, commercial. 18.04.470 Hospital. 18.04.480 Hospital or clinic, small animal. 18.04.485 Host agency. 18.04.490 Hotel. ACT.B Page 36 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 5 of 23 18.04.495 Household pet. 18.04.496 Housing rehabilitation. 18.04.497 Impervious surface. 18.04.498 Incidental. 18.04.499 Intensity. 18.04.500 Junkyard. 18.04.510 Kennel. 18.04.515 Kitchen. 18.04.520 Landscaping. 18.04.522 Reserved. 18.04.525 Leadership in energy and environmental design (LEED). 18.04.527 Live/work unit. 18.04.530 Lot. 18.04.540 Lot area. 18.04.550 Lot coverage. 18.04.560 Lot dimensions. 18.04.570 Lot lines. 18.04.580 Lot of record. 18.04.590 Lot types. 18.04.595 Low impact development. 18.04.600 Manufactured home. 18.04.610 Manufactured home community. 18.04.612 Manufacturing, assembling and packaging – heavy intensity. 18.04.614 Manufacturing, assembling and packaging – light intensity. 18.04.616 Manufacturing, assembling and packaging - Medium intensity. 18.04.619 Medium-speed electric vehicle. 18.04.620 Medical-dental clinic. 18.04.622 Miniature goat. 18.04.623 Microbrewery or a small craft brewery. 18.04.625 Mixed-use development. 18.04.630 Mobile home. 18.04.635 Motor freight terminal. 18.04.640 Motel. 18.04.641 Multimodal transportation corridor. 18.04.642 Municipal park. 18.04.643 Museum. 18.04.643.1 Neighborhood electric vehicle. 18.04.644 Neighborhood recreation buildings. 18.04.644.1 Neighborhood retail establishment. 18.04.645 Neighborhood services. 18.04.648 Net density. 18.04.649 Nonelectric vehicle. 18.04.650 Nonconforming use. 18.04.660 Nursing home. 18.04.670 Occupancy. 18.04.672 Outdoor sales. 18.04.676 Outdoor storage. 18.04.678 Repealed. 18.04.680 Parking area. 18.04.690 Parking space or stall. 18.04.692 Parking structure. 18.04.696 Permitted use. 18.04.700 Person. ACT.B Page 37 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 6 of 23 18.04.710 Personal service shop. 18.04.730 Planning commission. 18.04.740 Planning director. 18.04.741 Plug-in hybrid electric vehicle (PHEV). 18.04.742 Potbelly pig. 18.04.744 Prerelease facility. 18.04.745 Print and copy shop. 18.04.746 Private country clubs and golf courses, excluding driving ranges. 18.04.748 Privately owned and operated parks and playgrounds. 18.04.750 Professional offices. 18.04.752 Prohibited use. 18.04.754 Public art. 18.04.756 Public recreational amenity. 18.04.760 Public use. 18.04.770 Quasi-public use. 18.04.779 Rapid charging station. 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. 18.04.790 Recreational vehicle park. 18.04.791 Regional retail establishment. 18.04.792 Religious institution. 18.04.794 Renting of rooms. 18.04.796 Repair services - equipment, appliances. 18.04.800 Residence. 18.04.804 Restaurant, full-service. 18.04.805 Right-of-way. 18.04.806 Schools, elementary and middle/junior high. 18.04.807 Schools, secondary or high school. 18.04.808 Secure community transition facility. 18.04.809 Senior housing. 18.04.810 Setback. 18.04.811 Setback area. 18.04.812 Setback, front. 18.04.813 Setback, rear. 18.04.814 Setback, side. 18.04.815 Setback line. 18.04.816 Shop. 18.04.818 Shopping center. 18.04.820 Sign. 18.04.821 Site. 18.04.822 Site area. 18.04.824 Social and service organization. 18.04.825 Solid waste. 18.04.826 Solid waste processing facility. 18.04.827 Special events. 18.04.828 Sponsoring agency. 18.04.829 Store. 18.04.830 Repealed. 18.04.835 Special needs housing. 18.04.840 Repealed. 18.04.850 Reserved. 18.04.855 Small craft distillery. 18.04.860 Story. ACT.B Page 38 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 7 of 23 18.04.870 Street, private. 18.04.880 Street, public. 18.04.890 Structure. 18.04.891 Supportive housing. 18.04.892 Sustainable design. 18.04.894 Tasting room. 18.04.895 Tavern. 18.04.896 Transmitting tower. 18.04.897 Unclassified use. 18.04.900 Use. 18.04.901 Utility facilities and substations. 18.04.910 Variance. 18.04.911 Wine production facility. 18.04.911.1 Winery. 18.04.912 Wireless communications. 18.04.913 Work/live unit. 18.04.914 Work release facility. 18.04.920 Yard. 18.04.930 Yard, front. 18.04.940 Yard, rear. 18.04.950 Yard, side. 18.04.960 Zone. 18.04.140Repealed 18.04.192 Building and landscape materials sales. “Building and landscape material sales” means a retail or wholesale establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. 18.04.194 Building contractor, heavy. “Building contractor, heavy” means businesses relating to the heavy construction trades including but not limited to; excavation work, highway and street construction; heavy construction, masonry and concrete work and water well drilling. These types of businesses generally have heavy equipment that may be stored outside. 18.04.195 Building contractor, light. “Building contractor, light” means businesses relating to the building trades including but not limited to: plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and flooring; roofing and sheet metal. These types of businesses generally do not have heavy equipment or building materials stored outside. 18.04.235.1 Caretaker apartment. “Caretaker apartment” means an accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, for the express purpose of providing a housing unit for on-site security or operations personnel. 18.04.246 Commercial Recreation facility, Indoor. “Commercial Recreation facility, Indoor” means a private for profit or non-profit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly enclosed in the building. Typical uses include athletic and health club, pool or billiard hall, indoor swimming pool, bowling alley, skating rink or climbing gyms. ACT.B Page 39 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 8 of 23 18.04.247 Commercial Recreation facility, Outdoor. “Commercial Recreation facility, Outdoor” means a private for profit or non-profit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open, excluding public parks. Typical uses include: racetracks; miniature golf; skateboard park; swimming and wading, therapeutic facilities; and tennis, handball, basketball courts; batting cages, trampoline facilities. 18.04.248 Community retail establishment. “Community retail establishment” means stores, shops and businesses either individually or in shared space setting serving a geographic area of the City that engage in merchandise sales. 18.04.282 Convenience Store. “Convenience store” means a small retail establishment that offers convenience goods for sale, such as prepackaged food items, beverages, tobacco, personal care items, and other household goods and often characterized by 24-hours a day operations. These stores can be part of a fueling station or an independent facility. 18.04.283 Crematorium. “Crematorium” means a facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use. Crematoriums do not include establishments where incinerators are used to dispose of toxic or hazardous materials, infectious materials or narcotics. 18.04.359 Entertainment, commercial. “Entertainment, commercial” means spectator entertainment for commercial purposes. This use includes theaters, concert halls, nightclubs, or comedy clubs, but does not include cabarets, licensed under Section 5.20.140 (A)(3) of the City Code and adult entertainment, licensed under Chapter 5.30 of the City Code. 18.04.395 Fueling station. “Fueling station” means a retail business selling gasoline or other motor vehicle fuels primarily to passenger vehicles. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., liquid propane gas) as well as equipment to recharge electric powered vehicles. This classification includes customary incidental activities when performed in conjunction with the sale of fuel, such as vehicle maintenance and repair, vehicle washing, and electric vehicle battery swap-out, but excludes body and fender work or repair of heavy trucks or vehicles. 18.04.527 Live/Work Unit. “Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single dwelling or multi-unit dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: A. A complete dwelling unit; and B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. The difference between a live/work unit and work/live unit [defined Section 18.04.913 of the City Code] is that the "work" component of a live/work unit is secondary to its residential use, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment, while the work component of a work/live unit is the primary use, to which the residential component is secondary. 18.04.612 Manufacturing, assembling and packaging – heavy intensity. ACT.B Page 40 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 9 of 23 “Manufacturing, assembling and packaging – heavy intensity” means a facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used have the potential to result in externalities or effects on surrounding land uses or the community. Examples of heavy intensity manufacturing uses include, but are not limited to chemical products manufacturing, paving and roofing materials manufacturing and glass products manufacturing. 18.04.614 Manufacturing, assembling and packaging – light intensity. “Manufacturing, assembling and packaging – light intensity” means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the intensity, scale, and/or characteristics of operation and materials used are unlikely to result in externalities or effects on surrounding land uses or the community because they can be controlled within the building. Examples of light intensity manufacturing uses include, but are not limited to clothing and fabric product manufacturing and food and beverage products. 18.04.616 Manufacturing, assembling and packaging - medium intensity. “Manufacturing, assembling and packaging – medium intensity” means a facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used are greater than those classified under "Manufacturing, assembling and packaging – Light intensity," but where externalities or effects on surrounding land uses or the community can typically be reduced or avoided when appropriately located and developed. Examples of medium intensity manufacturing uses include lumber and wood product manufacturing and stone and cut stone product manufacturing. 18.04.635 Motor freight terminal. “Motor freight terminal” means a facility with more than one (1) dock per five thousand (5,000) square feet of warehouse, storage, or related use and used for either (1) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (2) any other location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited cross-dock operations and does not include a package delivery service. Excludes buildings with six (6) or fewer loading docks. 18.04.643.1 Neighborhood electric vehicle "Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500. (Ord. 6365 § 1, 2011.) 18.04.644.1 Neighborhood retail establishment. “Neighborhood retail establishment” means stores and shops serving the immediate surrounding neighborhood in which they are located, including but not limited to a beauty shop, laundry and dry cleaning, sales of retail goods and such others of a similar nature. 18.04.745 Print and copy shop. Print and copy shop means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, facsimile sending and receiving, and including offset printing. 18.04.791 Regional retail establishment. ACT.B Page 41 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 10 of 23 “Regional retail establishment” means a large scale retail establishment intended to serve customers within and outside the City. A regional retailer may accommodate a wide range of retail commodities (e.g., apparel and accessories, consumer electronics, hardware, building materials, sporting goods and automotive supplies) 18.04.796 Repair services – equipment, appliances. “Repair services – equipment, appliances” means repair of products, not to include vehicles or heavy equipment. These uses include consumer repair services for individuals and households for items such as household appliances, musical instruments, cameras, household electronic equipment, and similar uses. 18.04.816 Shop. “Shop” means a small retail establishment or a department in a large one offering a specified line of goods or services 18.04.829 Store. “Store” means a business establishment where usually diversified goods are kept for retail sale. 18.04.911. 1 Winery. "Winery" means a facility licensed as a domestic winery under RCW 66.04.010 where fruit or other ingredients are processed (i.e., crushed, fermented, blended, aged, and/or stored, bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly and/or retail sales area. (Ord. 6363 § 1, 2011.) 18.04.913 Work/live Unit. “Work/live unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single dwelling or multi-unit dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: A. A complete dwelling unit; and B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. The difference between a work/live unit and live/work unit [defined Section 18.04.527 of the City Code] is that the "work" component of a work/live unit is primary use, to which the residential use is secondary, while the work component of a live/work unit is secondary to its residential use, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment. Section 2. New Chapter to City Code. That a new Chapter, 18.23 “Commercial and Industrial Zones” is added to the Auburn City Code to read as follows: CHAPTER 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of Commercial and Industrial Zones. ACT.B Page 42 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 11 of 23 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 accomm odate 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 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 flexibilit y 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 ACT.B Page 43 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 12 of 23 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. 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. ACT.B Page 44 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 13 of 23 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 C X C ACC 18.57.020 C Warehousing and distribution, bonded and located within a designated Foreign Trade Zone X X X P X P P P 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 ACT.B Page 45 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 14 of 23 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 A A A P A P A A 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 ACT.B Page 46 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 15 of 23 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 P X P 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 ACT.B Page 47 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 16 of 23 1 Any motor freight terminal, as defined by ACC 18.04.635, 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 ACT.B Page 48 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 17 of 23 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: 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 ACT.B Page 49 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 18 of 23 (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. (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. 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 ACT.B Page 50 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 19 of 23 (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 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. ACT.B Page 51 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 20 of 23 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 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 ACT.B Page 52 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 21 of 23 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 visibilit y 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. Section 3. Repeal of chapter of City Code. That Chapter 18.24, C-N Neighborhood Shopping District, of the Auburn City Code be and the same hereby is repealed. Section 4. Repeal of chapter of City Code. That Chapter 18.26, C-1 Light Commercial District, of the Auburn City Code be and the same hereby is repealed. Section 5. Repeal of chapter of City Code. That Chapter 18.28, C-2 Central Business District, of the Auburn City Code be and the same hereby is repealed. Section 6. Repeal of chapter of City Code. That Chapter 18.30, C-3 Heavy Commercial District, of the Auburn City Code be and the same hereby is repealed. Section 7. Repeal of chapter of City Code. That Chapter 18.32, M-1 Light Industrial District, of the Auburn City Code be and the same hereby is repealed. ACT.B Page 53 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 22 of 23 Section 8. Repeal of chapter of City Code. That Chapter 18.33, EP Environmental Park District, of the Auburn City Code be and the same hereby is repealed. Section 9. Repeal of chapter of City Code. That Chapter 18.34, M-2 Heavy Industrial District, of the Auburn City Code be and the same hereby is repealed. Section 10. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 11. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 12. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ ACT.B Page 54 of 112 ---------------------------------- Ordinance No. 6433 - DRAFT October 22, 2012 Page 23 of 23 CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ACT.B Page 55 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6434 - New Auburn City Code Chapter 18.35 - Special Purpose Zones Date: October 16, 2012 Department: Planning and Development Attachments: Ordinance No. 6434 Budget Impact: $0 Administrative Recommendation: Planning and Community Development Committee to recommend to the City Council adoption of Ordinance No. 6434. 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. Ordinance No. 6434 will add a new Chapter 18.35 (Special Purpose Zones) to the Auburn City Code and repeal Chapters 18.22, 18.40 and 18.44 of the Auburn City Code. AUBURN * MORE THAN YOU IMAGINEDACT.C Page 56 of 112 The purpose of this ordinance is to reorganize and update regulations and standards related to special purpose zones - Residential Office, Residential Office/Hospital Zone, Public Use Zone and Institutional Zone. On October 2, 2012 the Planning Commission held a public hearing on the proposed code amendments. At the close of the public hearing the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments. Since the public hearing, the code amendments have been reviewed by the Planning and Community Development Committee. The Committee was satisfied with the amendments proposed. Reviewed by Council Committees: Planning And Community Development Other: Planning, Legal Councilmember:Backus Staff:Wagner Meeting Date:October 22, 2012 Item Number:ACT.C AUBURN * MORE THAN YOU IMAGINEDACT.C Page 57 of 112 DRAFT ---------------------------------- Ordinance No. 6434 - DRAFT October 17, 2012 Page 1 of 8 ORDINANCE NO. 6 4 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER, 18.35 TO THE AUBURN CITY CODE “SPECIAL PURPOSE ZONES”; AND REPEALING CHAPTERS 18.22, 18.40 AND 18.44 OF THE AUBURN CITY CODE; ALL RELATING TO ZONING WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the proposed zoning code amendments will reorganize and update regulations and standards related to transitional uses (residential to commercial) and public and institutional uses; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on October 2, 2012, on the proposed code amendments regarding commercial and industrial zones, special purpose zones and standards for specific land uses; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 2, 2012, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and ACT.C Page 58 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 2 of 8 WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA) with a final determination of non-significance (DNS) issued July 16, 2012; and WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- day state review; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the City Council finds that the proposed amendments improve the readability and use of the City Code, updates technical aspects of the code, improves the City’s development review process, and promote sustainability concepts where feasible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Chapter to City Code. That a new Chapter 18.35 “Special Purpose Zones” is added of the Auburn City Code to read as follows: 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 ACT.C Page 59 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 3 of 8 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 com munity. 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. Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone ACT.C Page 60 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 4 of 8 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 ACT.C Page 61 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 5 of 8 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. 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 ACT.C Page 62 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 6 of 8 TABLE 18.35.040 RO, RO-H, P-1, I Zone Development Standards 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. 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 coverage 55 percent (1) None None 35 percent 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 ACT.C Page 63 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 7 of 8 (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 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. Section 2. Repeal of chapter of City Code. That Chapter 18.22, RO Residential Office and RO-H Residential Office Hospital District, of the Auburn City Code be and the same hereby is repealed. Section 3. Repeal of chapter of City Code. That Chapter 18.40, P-1 Public Use District, of the Auburn City Code be and the same hereby is repealed. Section 4. Repeal of chapter of City Code. That Chapter 18.44, I Institutional Use District, of the Auburn City Code be and the same hereby is repealed. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, ACT.C Page 64 of 112 ---------------------------------- Ordinance No. 6434 - DRAFT October 22, 2012 Page 8 of 8 paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ACT.C Page 65 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6435 - New Auburn City Code Chapter 18.57 - Standards for Specific Land Uses Date: October 16, 2012 Department: Planning and Development Attachments: Memorandum Ordinance No. 6435 Budget Impact: $0 Administrative Recommendation: Planning and Development Committee to recommend the City Council adopt Ordinance No. 6435. 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. AUBURN * MORE THAN YOU IMAGINEDACT.D Page 66 of 112 Ordinance No. 6435 will add a new Chapter 18.57 (Standards for Specific Land Uses) to the Auburn City Code. The purpose of this ordinance is to add specific standards for certain land uses within individual or multiple non-residential zones to mitigate their potential adverse impacts. On October 2, 2012 the Planning Commission held a public hearing on the proposed code amendments. At the close of the public hearing the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments. Since the public hearing, the code amendments have been reviewed by the Planning and Community Development Committee. The PCDC had several suggestions to the proposed code amendments. Those changes are outlined in a memorandum (Attachment 1) and are incorporated in Ordinance No. 6435 (Attachment 2). Reviewed by Council Committees: Planning And Community Development Other: Planning, Planning Commission Councilmember:Backus Staff:Wagner Meeting Date:October 22, 2012 Item Number:ACT.D AUBURN * MORE THAN YOU IMAGINEDACT.D Page 67 of 112 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 17, 2012 Re: Code Update Project – Phase 2, Group 2 Discussion of proposed code amendments for non-residential zones Background On October 8, 2012 staff presented the Code Update Project Phase 2, Group 2 zoning code text amendments to the Planning and Community Development Committee. At that meeting the Committee went over the new definitions and Chapters that would be added to Title 18 – Zoning. Following the review of the proposed amendments, the Committee had several suggestions to staff. Staff has taken those suggestions and modified the proposed text amendments in the following manner: Discussion – Chapter 18.23 – Commercial and Industrial Zones (pg. 13 and 14 of Ordinance 6433) 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 … Warehousing and distribution X X X X X C X C ACC 18.57.020 C Warehousing and distribution, bonded and located within a designated Foreign Trade Zone X X X P X P P P Wholesaling with on site retail as an incidental use (coffee, bakery, eg.) X X X P X P P P ACT.D Page 68 of 112 Discussion – Chapter 18.57 – Standards for Specific Land Uses (page 3 and 8 of Ordinance 6435) 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. A. Outdoor storage, incidental to principal permitted use on property 1. C-3 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure, provided also that for corner lots no outdoor storage is allowed between a building and a side street lot line. For through lots, the location for outdoor storage shall be determined by the planning director. c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on undeveloped lots. e. Outdoor storage shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, though an administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2). f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040.C(5) g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition. i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted. 18.57.035 Retail. D. Outdoor displays and sales 1. All Zones where permitted a. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas. Other off-site businesses or vendors may be allowed to sell merchandise or hold a temporary event in the outdoor display areas provided the sale/event is conducted for three days or less, not visible from a public street, does not block required pedestrian or vehicle access, and a party submits a written description of their intended use of the property to the City a minimum of seven (7) calendar days prior to use and abides by any written conditions of use required by the City. If any of the aforementioned requirements cannot be met a temporary use permit subject to the provisions of Chapter ACC 18.46A is required. 18.57.040 Services. C. Kennels, animal boarding a. All Zones where permitted a. All pens shall be enclosed in an enclosed building. 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 RETAIL Drive-through espresso stands A X A X A X P A X P A X A X ACT.D Page 69 of 112 b. The property on which the kennel is to be located shall be no closer than one hundred (100) feet to any residential zone. c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m. and 6:00 p.m. d. The facility must be air conditioned. e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. f. The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. g. Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a regular daily basis for proper disposal as solid waste. h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface water disposal system. i. Strained solids and hair shall be properly disposed of as solid waste. ACT.D Page 70 of 112 DRAFT ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 1 of 12 ORDINANCE NO. 6 4 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER, 18.57 TO THE AUBURN CITY CODE - “STANDARDS FOR SPECIFIC LAND USES,” RELATING TO ZONING WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the proposed zoning code amendments will add specific standards for certain land uses within individual or multiple non-residential zones to mitigate their potential adverse impacts; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on October 2, 2012, on the proposed code amendments regarding commercial and industrial zones, special purpose zones and standards for specific land uses; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 2, 2012, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA) with a final determination of non-significance (DNS) issued July 16, 2012; and ACT.D Page 71 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 2 of 12 WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- day state review; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the City Council finds that the proposed amendments improve the readability and use of the City Code, updates technical aspects of the code, improves the City’s development review process, and promote sustainability concepts where feasible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Chapter to City Code. That a new Chapter 18.57 “Standards for Specific Land Uses” is added of the Auburn City Code to read as follows: CHAPTER 18.57 STANDARDS FOR SPECIFIC LAND USES Sections: 18.57.010 Intent. 18.57.015 Applicability. 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. 18.57.025 Recreation, Education and Public Assembly. 18.57.030 Residential. 18.57.035 Retail. 18.57.040 Services. 18.57.045 Transportation, Communication and Infrastructure. 18.57.050 Vehicle Sales and Services. ACT.D Page 72 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 3 of 12 18.57.010 Intent. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts. 18.57.015 Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. The standards for specific land uses in this Chapter supplement and are required in addition to those in ACC 18.23.040 and ACC 18.35.040 – Development standards. 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. A. Outdoor storage, incidental to principal permitted use on property 1. C-3 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure, provided also that for corner lots no outdoor storage is allowed between a building and a side street lot line. For through lots, the location for outdoor storage shall be determined by the planning director. c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on undeveloped lots. e. Outdoor storage shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, through an administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2). f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040.C(5) g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition. i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted. 2. M-1 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 3. EP Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 15 percent of the lot. b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 4. M-2 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be landscaped in accordance with ACC 18.50.040.C(5). b. Outdoor storage shall not be permitted on undeveloped lots. c. Outdoor storage shall be limited to 30 feet in height. B. Storage - Personal storage facility (mini-storage) 1. All Zones where permitted a. The design of facades, landscaping and lighting of premises shall be compatible with the intent of the applicable district. b. Storage unit doors shall be screened or located so as to not be visible from residential property. ACT.D Page 73 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 4 of 12 c. There shall be no outside storage of goods or materials of any type at the personal storage facility except that of wheeled vehicles (recreational vehicles, campers, trailers, trailer-mounted boats, motorized vehicles, etc. – but not inoperable motor vehicles). Such vehicles may be stored in areas that have been specifically designated and set aside for such use, in accordance with the following: i. Vehicles shall be screened from view of public, residential and other commercial property with sight-obscuring fencing or berms at least eight (8) ft in height. When berms are used they shall be landscaped with shrubbery and/or trees. ii. Storage of recreational vehicles and trailer mounted boats shall not occur in required parking spaces, drives and/or lanes between storage buildings, parking lanes, or within required building setbacks. iii. No vehicle or boat maintenance, washing, or repair shall be permitted. d. Storage units shall not be used for manufacturing, fabrication, processing of goods, conducting servicing or repair; nor used to conduct garage sales or retail sales; nor conduct any other commercial or industrial activity. C. Warehousing and distribution 1. All Zones where permitted a. Motor freight transportation is permitted but only as an incidental use to the principal use of the property. b. Loading and unloading docks shall not be visible from the street. If this requirement cannot be met an additional 10-foot width of landscaping along the abutting street, meeting the provisions of ACC 18.50.040.C (Landscape Design and Planting Requirements), is required. c. All odors, noise, vibrations, heat, glare, or other emissions shall be controlled within the confines of a building unless specifically permitted elsewhere by this title. 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). 18.57.025 Recreation, Education and Public Assembly. A. Commercial recreation facility, outdoor 1. All Zones where permitted a. Facility shall not be located within three hundred (300) feet of an existing residential zone. The planning director may allow a reduction in this setback, not to exceed a minimum setback of 50 feet, after review of an acoustic study completed by a licensed professional showing that the facility would not exceed maximum noise levels permissible in identified environments as determined by Chapter 173-60 WAC, as amended. b. The planning director may require an acoustic study for any proposed facility which could have or create a noise exposure greater than that deemed acceptable. Upon review of the study, increased setbacks, noise avoidance or mitigation measures may be imposed. c. Outdoor speakers and sound amplification shall not be permitted for uses immediately next to residential uses. d. Access to such facilities shall be from a public arterial or collector road as defined on the currently adopted City of Auburn Street Functional Classification Map. 18.57.030 Residential A. Multiple-family dwellings as part of a mixed-use development; 1. C-1 Zone ACT.D Page 74 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 5 of 12 Multiple-family dwelling as part of a mixed-use development is allowed provided, that compliance to all of the following is demonstrated: a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; b. Applications for mixed-use development inclusive of multiple-family residential dwellings shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based on the concurrent determination of the planning director and city engineer. The planning director and city engineer may require the analysis to address, including, but not limited to, a.m. or p.m. traffic impacts; and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies; c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed-use development contained in the city of Auburn multifamily and mixed-use design standards; d. Applications for the mixed-use development inclusive of multifamily residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 (Neighborhood review meeting); e. Mixed-use development comprised of a maximum of one building on a development site shall have the entire ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space; and f. Mixed-use development that is geographically distributed on a development site amongst two or more buildings shall have a minimum of 50 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally. 2. C-2 Zone Multiple-family dwellings are permitted as part of a mixed-use development provided they are: a. Located in a multistory building the ground floor of which must contain a permitted use listed in the land use table found under ACC 18.23.030 - “Permitted, Administrative, Conditional and Prohibited Uses by Zone”. No density limitations shall apply. 3. C-3 Zone Multiple-family dwellings are permitted as part of a mixed-use development provided 1200 square feet of lot area is provided for each dwelling unit. 4. C-4 Zone Multiple-family dwellings are permitted provided they are: a. Located in a multistory building and the ground floor must contain a permitted use or combination of uses, other than parking facility. b. An exception to this ground floor commercial requirement is allowed for uses accessory to the upper story residential at a rate of 1,500 square feet of area per upper story of residential. The ground floor areas accessory to the upper story residential may include, but are not limited to, entry space, lobby, hallway, mail areas. The 1,500 square feet of upper floor area does not include exiting required to meet applicable building and fire codes. 5. M-1 Zone ACT.D Page 75 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 6 of 12 Multiple-family dwellings are permitted as part of a mixed-use development, provided they are: a. Located in a multi-story building the ground floor of which must contain one of the retail or service uses listed in the land use table found under ACC 18.23.030 - “Permitted, Administrative, Conditional and Prohibited Uses by Zone”. The ground floor may contain entrance and lobby areas which serve the dwellings. B. Multiple-family dwellings, stand alone 1. C-3 Zone Multiple-family dwellings are permitted provided; a. 1200 square feet of lot area is provided for each dwelling unit; and b. The multiple-family development is arranged in the following manner based on its orientation to a public roadway (Scenarios 1-4): When oriented along the roadways listed above: Scenario 1: Vertical mixed-use (street level commercial, multi-family above) development required; or Scenario 2: Horizontal mixed-use (commercial use along frontage, multifamily along the rear) required C/MF MF Ea s e m e n t Scenario 3 Legend C = Commercial MF = Multi-family 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 AUBURN WAY N AUBURN WAY S A ST SE WEST VALLEY HWY, 15 ST NW/SW C ST SW ACT.D Page 76 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 7 of 12 When oriented along the roadways listed above: Scenario 3: Land locked property. Property to the rear can be stand alone multifamily When oriented along other minor arterials and non-residential collectors: Scenario 4: Properties along streets that are less attractive to commercial uses, such as I St NE, stand alone multi-family can be permitted. 2. EP Zone Multiple-family dwellings are permitted provided; a. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. 18.57.035 Retail. A. Building and landscape materials sales 1. All Zones where permitted a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer. No soil mixing is allowed. b. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential zone or use and shall not be located in any of the required setbacks. c. Stored building supplies and landscaping materials shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, though an administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2). B. Groceries, specialty food stores 1. EP Zone a. Groceries and specialty food stores are limited to 20,000 square feet in size. C. Nursery 1. All Zones where permitted MF Minor Arterials Non-Res Collectors I ST NE, 6TH ST SE, e.g. Legend C = Commercial MF = Multi-family Scenario 4 ACT.D Page 77 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 8 of 12 a. Aerial application of any pesticides, fungicides, fertilizer or any other chemical shall be prohibited. b. Operation of heavy equipment is prohibited. c. Outdoor storage and display of landscape plant materials (excluding elements such as mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture, etc.) is permitted, but shall not be located in the required setbacks. Chain link fences, with black or green vinyl covering, are permitted for security purposes. d. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential districts or use and shall not be located in any of the required setbacks. D. Outdoor displays and sales 1. All Zones where permitted a. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas. Other off-site businesses or vendors may be allowed to sell merchandise or hold a temporary event in the outdoor display areas provided the sale/event is conducted for three days or less, not visible from a public street, does not block required pedestrian or vehicle access, and a party submits a written description of their intended use of the property to the City a minimum of seven (7) calendar days prior to use and abides by any written conditions of use required by the City. If any of the aforementioned requirements cannot be met a temporary use permit subject to the provisions of Chapter ACC 18.46A is required. b. All outdoor displays must be located on the same lot as the principal use. c. Such outdoor display is permitted in any front or side yard, subject to a minimum setback of 20 feet from an adjoining property line. d. Merchandise shall not be placed or located where it will interfere with pedestrian or building access or egress, required vehicular parking and handicapped parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress. e. The height of displayed merchandise shall not exceed the height of any fence or wall or 10 feet, whichever is less. f. Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios in ACC 18.52 – Off Street Parking and Loading. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number of parking spaces required. 18.57.040 Services. A. Animal daycare 1. All Zones where permitted a. All pets shall be properly licensed. b. For any dog that has been designated as a “dangerous dog” or “potentially dangerous dog” as defined by Auburn City Code (ACC) the operator shall verify that the owner has complied with the regulations (on noticing, licensing, certificate of registration, restraining, etc.) contained in ACC Chapter 6.35 – Dangerous Dogs. The owner shall ensure the facility meets the requirements for a “proper enclosure” as set forth in ACC 6.35.010D. c. All fenced exercise areas must be at least 50 feet from a habitable residential structure. d. Adequate screening shall be required when abutting any residential use. e. General care of pets must be confined to inside of building and under supervision. f. Pets are permitted to be walked or exercised outside of building only under supervision and in accordance with all other applicable ordinances and laws. ACT.D Page 78 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 9 of 12 g. The exterior appearance of an animal day care building must be compatible with the appearance of neighboring properties. B. Animal sales and services 1. All Zones where permitted a. All sales and services shall be for household pets only. b. Overnight boarding is allowed within a completely enclosed building; however, animal services or sales uses over 20,000 square feet in gross floor area that use a majority of their gross floor area for retail sales, shall have no more than 15 percent of their gross floor area devoted to overnight boarding. c. Animal sales and services use must be completely enclosed except that outdoor animal runs or other areas in which dogs will be allowed outside of an enclosed structure off leash (hereinafter “outdoor run”) are allowed subject to compliance with the following conditions: i. Outdoor runs shall not be permitted within 50 feet of a habitable residential structure. ii. The outdoor run may operate only between the hours of 8:00 a.m. and 6:00 p.m. iii. The facilities shall be constructed, maintained and operated so that neither the sound nor smell of any animals boarded or kept on the premises during the time that full enclosure is required can be discerned on other lots. C. Kennels, animal boarding 1. All Zones where permitted a. All pens shall be enclosed in an enclosed building. b. The property on which the kennel is to be located shall be no closer than one hundred (100) feet to any residential zone. c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m. and 6:00 p.m. d. The facility must be air conditioned. e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. f. The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. g. Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a daily basis for proper disposal as solid waste. h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface water disposal system. i. Strained solids and hair shall be properly disposed of as solid waste. D. Repair service – equipment, appliances 1. C-1, C-2, and C4 Zones a. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprises. 18.57.045 Transportation, Communication and Infrastructure. A. Towing storage yard 1. M-1 and M-2 Zone a. Motor vehicle(s) shall not remain on the property for more than one-hundred-twenty (120) days. b. Motor vehicle(s) may not be repaired, restored, rebuilt, or otherwise altered on the property. ACT.D Page 79 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 10 of 12 c. Motor vehicle(s) shall not be stacked vertically. d. Vehicle parts and scrap metal shall not be stored on the property. e. The sale of motor vehicles shall not be permitted. f. The towing storage yard shall be landscaped in accordance with ACC 18.50.040.C(5) g. Any motor vehicles which are damaged so as to be leaking fluid shall be brought to a impervious surface where all fluids shall be contained and disposed of in conformance with all state and federal regulations. h. The applicant shall install a separator or other use generally accepted industry device or practice that provides equal/protection to prevent any leaking fluids from the motor vehicles from entering the soil or surface waters. 18.57.050 Vehicle Sales and Services. A. Automobile washes (automatic, full or self-service) 1. All Zones where allowed An automatic, full-or self-service car wash shall comply with the following standards: a. Proper functioning of the site as related to vehicular stacking, circulation, and turning movements. b. The use of outdoor speakers is prohibited. c. Car washes I detailing shall be located at least fifty (50) feet from any residential zone, use, or structure. d. Car wash openings must be oriented away from residential zones, use or structures. B. Auto/vehicle sales and rental 1. C-1 Zone a. The business shall be located on a principal or minor arterial as defined by the comprehensive transportation plan; b. No repairing, painting or body work shall be conducted outside of a building; c. If abutting an R zone, a sight-obscuring fence or landscape screen shall be required; d. A minimum of a 25-foot setback shall be required of any building from any R zone; e. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-1 uses in the vicinity; C. Fueling station 1. C-2 Zone a. The fueling station must be accessory to an existing retail/service establishment in which the principal tenant has a minimum floor area of at least 25,000 square feet. The principal tenant must own and/or manage the station. The station must be located on the same parcel of property as the principal tenant and the property must be at least 100,000 square feet in area. b. The station must be located on the property to minimize the amount of conflict to the pedestrian traffic. c. The station must be located on and have direct access to an arterial using existing curb cuts and driveways whenever practical. If the curb cuts and driveways do not meet current city standards, then they shall be brought up to such standards. d. The station cannot interfere with the existing parking and/or traffic circulation on the property. There shall be enough room on the property to allow for adequate stacking space for vehicles waiting for fuel in order to avoid cars interfering with vehicles on the street. The facility cannot reduce the amount of parking required by the zoning code. e. The station shall have a roof that covers all activities including the pay window, refuse containers, fuel pumps and the adjacent parking area for the cars being fueled. The area that is covered by the roof of the facility shall be no larger than 6,000 square feet. The number of pumps shall be lim ited to five such that no more than 10 vehicles may be fueled at any one time. ACT.D Page 80 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 11 of 12 f. Columns or similar architectural features shall be provided that screen the visibility of the pump islands as well as give the visible impression of enclosing the structure. If necessary, provisions must be made to avoid a safet y issue of enclosing any fumes associated with the fueling of the vehicles. The overall height of the facility shall not exceed 20 feet. g. The design, architectural treatment and streetscape features of the station must be consistent with the design concepts as outlined in paragraph "P" of Section 1.4 of the downtown plan as well as provide some design continuity between the facility and primary structure. h. Any other products for sale shall only be displa yed within the building containing the pay window and any such products shall be incidental to automobile care/maintenance, or snacks and beverages. No sales of alcoholic beverages will be allowed. i. Signs shall be limited to permanent wall signs, attached to the face of the canopy, only. j. The application for the administrative use permit shall illustrate how it complies with these standards. (Ord. 6269 § 31, 2009.) 2. Other Zones where permitted a. Fueling station canopies shall not exceed 20 feet in height or the height of the principal building, whichever is less; b. Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors, and roof pitch. c. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than 2 inches. d. All surfaces for exterior building façades or canopies shall be finished to match the surfaces of the principal structure. D. Vehicle services – repair/body work 1. C-2 Zone a. No vehicles stored outside that are not operable unless such vehicles are contained within a fenced and paved area. The entire perimeter of the outdoor storage area shall be landscaped with landscaping pursuant to 18.50.040.C(5). The maximum size of the outdoor storage area shall be no more than 25 percent of the associated building area. 2. Other Zones where permitted a. Outdoor work areas shall be fenced, walled or screened to minimize on and off-site noise, glare, odor, or other impacts. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. All body work and painting shall be conducted within fully enclosed buildings. d. No operator shall permit the storage of motor vehicles for a period in excess of twenty-four (24) hours unless the vehicles are enclosed in the principal building. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ACT.D Page 81 of 112 ---------------------------------- Ordinance No. 6435 - DRAFT October 22, 2012 Page 12 of 12 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ACT.D Page 82 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4870 Date: October 16, 2012 Department: Planning and Development Attachments: Resolution No. 4870 Exhibit A - Agreement Exhibit B - Vicinity Map Exhibit C - Site Map Budget Impact: Contract funds budgeted Administrative Recommendation: Planning and Community Development Committee to recommend to the City Council adoption of Resolution No. 4870. Background Summary: Resolution No. Number 4870 authorizes the execution of an Interagency Agreement with King County Department of Natural Resources and Parks, Water and Land Resources Division, to provide engineering related services for the Fenster Levee Setback, Phase 2B project. Staff previously presented a similar version of this agreement to the Committee on September 12, 2011. At that time, the project cost was estimated at a total of $639,103. Subsequent to that meeting, the City learned from King County that the Fenster 2B Project would need to be designed and constructed to a higher level of flood risk protection than previously assumed due to the number of homes, streets, and infrastructure located in the vicinity of the project. Project design and construction planning to that point had been based on using a design approach similar to that used for the Fenster Phase 1 and Pautzke revetment removal/levee setback projects, which have less homes and infrastructure in their immediate vicinity. The higher level of flood risk protection required for this project will necessitate the use of greater quantities of rock and involves a greater amount of excavation and fill. As a result, the estimated cost of the project increased from $639,000 to between $1,200,000 and $1,350,000. At the time the City was notified of the higher estimated costs to construct the project, staff suspended further work on design or construction of the project until additional funding could be located to cover the higher costs. Over the past several months, additional funding resources have been identified, and all but one of those resources has been either pledged or awarded (see further discussion of budget AUBURN * MORE THAN YOU IMAGINEDACT.E Page 83 of 112 and funding sources below). The Fenster, Phase 2B project is contained in the City's 2012-2017 Capital Facilities Plan as Project No. CP1016. The project involves the design, permitting and construction of in-stream, riparian, and floodplain habitat restoration with a focus on habitat enhancement for Chinook salmon and other salmonid species listed as Threatened or Endangered under the federal Endangered Species Act. The project will also provide improved floodwater conveyance and storage by ‘setting back' and reconstructing approximately of 700 feet of the existing Fenster Levee (revetment) at the north end of Fenster Nature Park, approximately 300 feet landward of its current location. To date, a preliminary design for the project has been developed, and a project feasibility analysis, wetland survey, cultural resource survey, and a design alternatives evaluation have been prepared. Please find attached a vicinity map depicting the location of the project, and a site map that provides a conceptual project overview. Based on the revised project schedule, next steps include completing the design plans to be used for submitting state and federal permit applications, and then submitting the permit applications by December 31, 2012. This timeline is expected to support project construction in Summer 2013, and project completion in mid 2014. To date, the City has secured project funding from six different sources. A funding difference of $327,353 still exists between estimated project budget and funds available, however an application has been submitted for 2013 Salmon Recovery Grant funding to the SRFB for the needed funds. While the SRFB is not expected to make a decision until December 2012, SRFB staff (Washington Recreation and Conservation Office) has requested that the City move forward with project design using the funding previously awarded. Staff will provide greater detail on this recommendation at the Committee meeting. The total budgeted project cost is $1,266,456. Project funding is comprised of the following sources: Salmon Recovery Fund Board Grant #09-1429: $304,103 (awarded) Puget Sound Acquisition and Restoration Fund Grant: $100,000 (awarded) King Conservation District Grant: $200,000 (awarded) King County Flood Control District Grant: $300,000 (awarded) King County DNRP, WLRD Contribution: $35,000 in in-kind technical services (provided as part of attached agreement) City of Auburn Stormwater Fund: $35,000 (budgeted) Total Awarded/Budgeted Funding: $939,103 Salmon Recovery Funding Board Grant Application #12-1444: $327,353 (Upon final SRFB Committee review, project grant application has received a "Project is Clear" AUBURN * MORE THAN YOU IMAGINEDACT.E Page 84 of 112 rating on October 2, 2012. A final funding decision by the SRFB is anticipated in December 2012) Total Pending Funding: $327,353 At the Planning and Community Development Committee meeting on October 22, 2012, staff will provide additional information about the project and answer any questions Committee members may have. Reviewed by Council Committees: Other: Planning Councilmember:Backus Staff:Andersen Meeting Date:October 22, 2012 Item Number:ACT.E AUBURN * MORE THAN YOU IMAGINEDACT.E Page 85 of 112 -------------------------------------- Resolution No.4870 10/16/2012 Page 1 of 3 RESOLUTION NO. 4870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR DESIGN, PROJECT MANAGEMENT, AND CONSTRUCTION MANAGEMENT SERVICES WHEREAS, The City of Auburn is a partner government in the Green/Duwamish and Central Puget Sound (WRIA-9) Watershed Salmon Recovery effort, and WRIA-9 identified the Fenster Levee Setback Project as Recommended Project No. MG-18 in the 2005 Green/Duwamish and Central Puget Sound (WRIA-9) Watershed Salmon Habitat Recovery Plan, entitled “Making Our Watershed Fit for A King”; and WHEREAS the Green Duwamish Ecosystem Restoration Project (ERP) identifies a project for levee setback reconstruction and flood plain habitat restoration which includes elements of this work on the City’s Fenster property site; and WHEREAS the City of Auburn and King County jointly cooperated in the design and construction of Phase 1 of the Fenster Levee Setback Project in 2006; and WHEREAS, The City of Auburn’s Fenster Levee Setback, Phase 2 project (“Project”) is included in the City of Auburn’s 2012-2017 Capital Facilities ACT.E Page 86 of 112 -------------------------------------- Resolution No.4870 10/16/2012 Page 2 of 3 Plan, and will complete the restoration of in-stream and riparian habitat and increasing floodwater conveyance and storage within the Green River at the City’s Fenster site by setting back approximately 700 feet of the Fenster Levee from the river’s edge to a point roughly 300 feet landward from its existing location; and WHEREAS, On November 29, 2010, Auburn entered into an agreement with King County to perform site assessment/data collection and feasibility and alternative analysis for Phase 2 of the Project; and WHEREAS, The Project will be funded using a combination of federal, state, and local grant funds from the King Conservation District, the Puget Sound Acquisition and Restoration Fund, and the Salmon Recovery Funding Board, along with local stormwater funds provided by the City of Auburn. These funds will be used to pay for the design, permitting, and construction of the project including the technical support described below in the attached exhibit; and WHEREAS, RCW 89.08.341 allows the City and County to collaborate with a Conservation District to jointly construct this type of project; and WHEREAS, it is in the public interest for the parties to enter into an agreement for design, project management, and construction management services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: ACT.E Page 87 of 112 -------------------------------------- Resolution No.4870 10/16/2012 Page 3 of 3 Section 1. The Mayor and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and King County for design, project management, and construction management services in substantial conformity with the agreement hereto, marked as Exhibit “A” and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2012. CITY OF AUBURN _______________________________ PETER B. LEWIS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.E Page 88 of 112 1 INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR ENGINEERING-RELATED SERVICES This Agreement is made and entered into by King County, Washington, hereinafter referred to as "County" and the City of Auburn, a Washington municipal corporation, hereinafter referred to as “Auburn” or “City," collectively referred to as the "Parties," or singularly, "Party," in order for King County, through its Water and Land Resources Division (“WLRD”), to provide technical and management services to support the City in constructing the Fenster Levee Setback Project Phase II ("Project"). The Parties mutually agree as follows: I. Purpose The purpose of this Agreement is to set forth the terms under which the County will provide technical and management services to the City, as described in Exhibit One, attached to this Agreement and incorporated herein and made a part hereof. King County is providing the technical and management services as a collaborative effort with the City to promote the joint goals of flood protection and salmon restoration. King County is taking the lead role in the design and is also providing in-kind design services to ensure consistency of the project with other recently constructed projects (Fenster and Pautzke) within the reach that were completed using designs by King County. II. Administration A. The City and the County shall each appoint an administrator to ensure ongoing compliance with this Agreement and to resolve any conflicts. The administrators shall communicate on an as needed basis. Either Party's administrator is authorized to convene a meeting with a minimum of ten (10) calendar days’ written notice to the other. B. Any conflict that is not resolved by the administrators within ten (10) working days of a meeting held to discuss the conflict shall be referred for resolution to the City’s Planning & Development Director and the County’s WLRD Director. If the conflict ACT.E Page 89 of 112 2 cannot be resolved by the Planning & Development Director and the WLRD Director, it shall be referred to the Mayor and the Director of the King County Department of Natural Resources and Parks (DNRP) for resolution. In the event that the conflict cannot be resolved by the Mayor and the DNRP Director, either Party may seek interpretation or enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or equity. C. All communications regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. Any written notice shall become effective three business days after the date of mailing by registered or certified mail. To the City of Auburn Chris Andersen, Environmental Protection Manager 25 West Main Street Auburn, WA 98001 To WLRD Jon Hansen, Supervising Environmental Scientist King Street Center 201 S Jackson Street, Room 600 Seattle, WA 98104-3855 III. Responsibilities of the Parties A. King County: 1. Shall provide services as outlined in Exhibit One, including: • Complete a design for a capital project, scaled for a maximum total Project cost of $1,250,000 similar to Alternative 1B outlined in the Fenster Levee Setback Project Phase II Site Assessment and Alternatives Analysis. • Submit designs for the City’s review and comment at the 30% and 60% design milestones. • When comments from the 60% design review have been incorporated and ACT.E Page 90 of 112 3 both Parties have approved the design, designate a licensed Professional Engineer who will finalize the plans, stamp them with a Professional Engineers stamp, and serve as the Project’s Engineer of Record. • Obtain all necessary permits as agent for the City to construct the Project per the final design. • Manage and coordinate construction activities in compliance with all applicable permit conditions, including installation of plantings, to Project completion. 2. Shall provide the services provided for herein, and will not purport to represent the City in other matters unrelated to these services. Control of personnel standards of performance, discipline, and all other aspects of work shall be governed entirely by the County. All persons from the County rendering service hereunder shall be for all purposes employees of the County. To the extent applicable, the County shall include the requirements in Article VIII below in any subcontract executed for the performance of services under this Agreement. 3. Shall furnish all personnel, resources, and materials deemed by the County to be necessary to provide the services provided for herein. 4. Shall not have responsibility for Project monitoring, maintenance or repair after completion of Project construction. B. Auburn shall: 1. Attend all pertinent meetings, respond to information requests, review draft documents and plan sets, and participate in design decisions in a timely manner consistent with the timeline described in Exhibit One. The City will also accept and sign off on all deliverables as appropriate or provide a timely reason as to why such sign-off is not being undertaken. 2. Obtain in a timely manner any rights-of-way and easements necessary for Project Construction. 3. Procure Project construction services under a separate contract, with contractor(s) of the City’s choosing. 4. Issue a Notice to Proceed to Construction upon receipt of Final Plans and copies of all necessary permits. ACT.E Page 91 of 112 4 5. Upon Project construction completion, be responsible for all permit-required post- construction monitoring. Costs associated with post-project monitoring are not addressed in this Agreement. IV. Costs and Billing A. The City will pay the County for the actual costs, including labor, materials and fees, to complete tasks as outlined in Exhibit One, up to an amount not to exceed $297,093. Estimated costs per task are as outlined on Exhibit Two, attached to this Agreement and incorporated herein and made a part hereof. B. The County will invoice the City on a quarterly basis for services rendered. The City will pay invoices within 60 days of receiving the invoice with all required backup documentation as detailed below. C. The County will supply documentation of all expenditures including invoices, labor summaries, timesheets, etc. as necessary for the City to submit required documentation for grants received from third parties. The City is responsible for all grant management and compliance requirements. V. Effectiveness, Duration, Termination and Amendment A. This Agreement is effective upon signature by both Parties and will remain in effect until December 31, 2014. B. This Agreement may be terminated by either Party upon 30 days written notice. In the event of termination, payment will be made by the City for work performed by the County to the date of termination. C. This Agreement may be amended only by written agreement of the Parties. D. This Agreement is not assignable by either Party, either in whole or in part. E. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. F. The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. G. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a ACT.E Page 92 of 112 5 waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. H. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon budget appropriation by the legislative authority of each Party. Should such appropriations not be approved, this Agreement will terminate at the close of the last year for which appropriation has been provided. VI. Unforeseen Circumstances A. The Parties recognize that during the course of conducting activities provided for in this Agreement unforeseen circumstances may arise that could cause significant changes to the Project scope, schedule and or budget. Such unforeseen circumstances may include but not be limited to the discovery of the presence of archeological artifacts at the Project site or the discovery of toxic materials on the Project site, or significantly higher than anticipated contract bid or other cost. B. If the unforeseen circumstances will affect the Project schedule, the Parties may jointly decide to modify the schedule to accommodate resolution of the unforeseen circumstances. C. If the unforeseen circumstances are projected to cause the budget as outlined in Exhibit Two to be exceeded, the Parties may agree to modify the Exhibit One Scope of Work to bring the cost of the services within budget. Any change in scope that would cause the total costs of services provided under this Agreement to exceed $297,093 shall be contingent on the appropriation of Auburn’s legislative authority of the funds necessary to meet the cost overage. D. If due to unforeseen circumstances, the Parties agree that the Project and the services provided under this Agreement cannot go forward as planned, this Agreement may be terminated per the terms of Agreement Section V.B. VII. Indemnification A. To the extent not within any immunity conferred by law on Auburn and on King County, Auburn agrees to hold harmless and indemnify the County, its officers, ACT.E Page 93 of 112 6 officials, employees, and agents, while acting within the scope of their employment for the services provided for herein, from any and all costs, claims, judgments, penalties, and/or awards of damages, arising out of or in any way resulting from a negligent act or omission of Auburn, it officers, officials, employees or agents in performing its obligations under the terms of this Agreement. To the extent not within any immunity conferred by law on King County and on Auburn, King County agrees to hold harmless and indemnify Auburn, its officers, officials, employees, and agents, while acting within the scope of their employment for the services provided for herein, from any and all costs, claims, judgments, penalties, and/or awards of damages, arising out of or in any way resulting from a negligent act or omission of King County, its officers, officials, employees or agents in performing its obligations under the terms of this Agreement. In the case of negligence of both the City and King County, any damages that may be allowed shall be levied in proportion to the percentage of negligence attributable to each Party, and each Party shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. B. Each Party agrees that its obligations under Section A of this Article extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW; provided that such waiver shall not preclude any indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. C. The Parties recognize that the Project is intended to increase protection against flooding and its damages for the City, its citizens, and property within and around the City. However, such efforts at increasing protection are no guarantee that flooding and damage will not occur. In the event that flooding does occur, King County and Auburn shall continue to enjoy the immunity for flood prevention measures conferred by law, and it is the intention of the Parties that the City shall likewise be included within such immunity to the extent allowed by law, and to the extent not covered by ACT.E Page 94 of 112 7 the City's reasonable exercise of its police powers. Nothing in this Article VII shall be construed to eliminate, reduce, or otherwise abrogate any immunity conferred on King County or Auburn in connection with acts or omissions arising out of the Project. Nothing in this Agreement shall be construed as conferring any rights on any third party. D. In the event that a Party incurs any judgment, award, and/or costs, including reasonable attorney's fees, arising from actions, to enforce the provisions of this Article and prevails in such actions, all such fees, expenses, and costs shall be recoverable from the other Party. The indemnification provisions in this Article VII shall survive the termination of this Agreement. VIII. Compliance with Conditions Pertaining to Auburn’s Salmon Project Agreement with the State of Washington through its Salmon Recovery Funding Board A. Partial funding for the Project derives from federal funding for salmon conservation provided to Auburn through a grant agreement with the State of Washington Salmon Recovery Funding Board ("Funding Board"). The grant agreement sets specific requirements for and restrictions on the use of the funds provided, including funds passed through to third parties to complete Project work. The terms in this Section VIII derive from the requirements in the grant agreement. B. The County will implement this Agreement in accordance with applicable federal, state, and local laws, regulations and the Washington State Recreation and Conservation Office (“RCO”) and the Funding Board policies. C. The County shall comply with, and the City is not responsible for determining compliance with, any and all federal, state, and local laws, regulations, and/or policies applicable to the Project, including, but not limited to: Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. D. Endangered Species – For this Project, the County shall not commence with clearing ACT.E Page 95 of 112 8 of riparian trees or in-water work unless either the County has complied with 50 CFR 223.203(b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating the Auburn - RCO agreement and may constitute a breach of this Agreement. This Section D. shall not be the basis for creating any enforcement responsibility by the City. E. Nondiscrimination Laws – The County shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the County’s noncompliance or refusal to comply with any nondiscrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in whole or in part, and the County may be declared ineligible for the City to hire with any further grant awards from the Funding Board. The County is responsible for the consequences arising from the County’s failure to comply with these nondiscrimination laws, when applicable. F. Prevailing Wage – The County agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with the provisions of the Davis-Bacon Act, other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. G. Restrictions on Use of Agreement funds – No part of any funds provided under this Agreement shall be used, other than for normal and recognized executive-legislative relations, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this Agreement shall be used to pay the salary or expenses of any County official, staff, employee or agent related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. H. Debarment or Suspension – The County certifies, by signing this Agreement, that neither it nor its officials nor any other lower tier participants (defined as any other ACT.E Page 96 of 112 9 entity to which the County passes funds under this Agreement) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The County agrees that it shall provide immediate written notice to the City if at any time the County learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. I. Should the County enter into a subcontract for the purposes of implementing the terms of this Agreement, the County agrees by signing this Agreement that it will verify that the entity with whom it enters such subcontract is not excluded or disqualified. The County will do this by: 1. Checking the federal Excluded Parties List System (www.epls.gov) for that entity; or 2. Collecting a certification from that entity; or 3. Adding a clause or condition to the subcontract with that entity. The County agrees by signing this Agreement that it shall not knowingly enter into a subcontract with an entity which is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Auburn and RCO. Auburn and the County may rely upon a certification of a prospective lower tier participant that it is not debarred, suspended, ineligible, or voluntarily excluded from the subcontract, unless it knows that the certification is erroneous. IX. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the County as part of his performance of this Agreement (the “Work Products”) shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. X. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found ACT.E Page 97 of 112 10 upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. XI. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the County agrees that, notwithstanding such dispute or conflict, the County shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. XII. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day of , 2012. Approved as to Form King County: By: By: ___________________________ Title: Deputy Prosecuting Attorney Title: Department Director Department of Natural Resources and Parks Approved as to Form City of Auburn: By: By: ___________________________ Title: City Attorney Title: Mayor, City of Auburn ACT.E Page 98 of 112 11 Exhibit One Scope of Work Fenster Levee Setback Project, Phase 2 Project Overview The City of Auburn’s Fenster Levee Setback project (“Project”) will restore in-stream and riparian habitat and increasing floodwater conveyance within the Green River by setting back approximately 700 feet of the Fenster Levee from the river’s edge to a point roughly 300 feet landward from its existing location. Project goals are: • increasing the channel cross-section, thereby improving local flood conveyance through the affected reach of the lower Green River; • slowing floodwater velocities, thereby reducing erosion, and increasing flood refugia for juvenile salmonids; and • restoring quantity and quality of floodplain and riparian habitat along the river stretch. Phase 1 of the Project was completed in 2006. On November 29, 2010, Auburn entered into an agreement with King County to perform site assessment/data collection and feasibility and alternative analysis for the Project. Under this scope of work and attached agreement, King County will provide the following services to assist the City in implementing the project through construction: • Project management • Cultural Resources Site Assessment and Associated Coordination with tribes and regulators • Design • Permit Submittal on behalf of Auburn and Regulatory Agency Coordination • Construction management and inspection The Project will be funded using a combination of federal, state, and local grant money from the King Conservation District, King County Flood Control District, and the Salmon Recovery Funding Board, in-kind technical engineering and/or design services to be provided by King County, along with local stormwater funds provided by the City of Auburn. These funds will be used to pay for the design, permitting, and construction of the project including the technical support described below in this scope. Total Project funding available is $1,250,000. ACT.E Page 99 of 112 12 Timeline Tasks outlined in this scope of work will be completed in two phases: 1) design and permitting; and 2) construction. Phase 1 will be completed by April, 2013 Phase 2 will begin upon issuance of the Notice to Proceed to construction by the City of Auburn. Construction dates will depend on approval of the final design, issuance of all necessary permits and local, state or federal permit conditions regarding work in the river. In-channel construction will be completed by the close of the “fish window” stipulated by the Hydraulic Project Approval issued by WDFW for the project (this date is anticipated to be on or about September 15, 2013). Tasks 1. Project Management This task includes: • Preparing scope, schedule, and budget • Monitoring/controlling project work, coordinating project tasks • Reporting on status • Managing communications, • Directing the King County Design Team and Construction Management and Inspection Team Deliverables: • Final Project scope, schedule, and budget. • Bills/invoices and supporting documentation to match project funding grant requirements. • Monthly written progress reports providing updates on project progress and status, including scope, schedule and budget. Schedule: Ongoing through to project completion (projected to be by the end of the fourth quarter of 2014). 2. Cultural Resources Investigations This task includes: • Completing cultural resources site assessment. • Coordinating with the State Recreation and Conservation Office (RCO), Native American tribes and the State Department of Archaeology and Historical Preservation (DAHP) to complete State regulatory requirements and processes. Deliverables: • Copies of completed Cultural Resources Survey of Project site. • Fulfillment of either the Washington State Executive Order 05-05 or National Historic Preservation Act (NHPA) Section 106 process requirements. ACT.E Page 100 of 112 13 Schedule: Site investigation will be completed within two months of execution of this Agreement. Assumptions: No Register-eligible artifacts or sites are discovered or determined to be affected during investigations or construction of the project. If such artifacts are found, it would likely increase the cost of the Project. 3. Preliminary, 60 Percent, and Final Engineering Designs Tasks include: • Completing Preliminary design, including survey, base map preparation, setback levee alignment, structure positions, preparation of design drawings and updated construction cost estimate. • Completing 60 percent and final designs, including engineering analysis, design, right-of- way acquisition (to be undertaken and completed by Auburn), preparation of construction plans, technical specifications, cost estimates, planting plan, and final stamping by the engineer-of-record. The engineering design will be based on Alternative 1B from the Fenster Levee Setback Project Phase II Site Assessment and Project Alternatives Analysis, as modified to reduce construction costs. • Performing constructability review to identify any potential issues and risks during construction. • Coordinating with the City on design modifications. • Coordinating design development and review with the King County Flood Control District. • Develop Operations and Maintenance Manual. Deliverables: • Copies of Preliminary design drawings, revised cost estimate, and related documents for Auburn’s review and approval. • Copies of 60 percent and final construction plans stamped by the engineer-of-record, construction cost estimate, related documents for review and concurrence. • Operations and maintenance manual. Schedule: Preliminary design drawings will be completed and available for review by Auburn on or before December 1, 2012. 60 percent plan set and related documents will be completed and available for review by December 31, 2012. Final plan set and related documents will be completed and available for review by April 30, 2013. These deadlines are contingent upon the assumptions below and at the end of this scope of work. Assumptions: Final Design will be based upon the 60% plan set. Costs would be higher for more detailed plans and specs required for contractor procurement. 4. Permitting/Regulatory Compliance ACT.E Page 101 of 112 14 This task includes: • Preparing and submitting all permit applications as agent for the City of Auburn. Required permits/compliance actions are assumed to be: Hydraulic Project Approval (HPA) from WDFW, via expedited process for fish habitat enhancement projects; NPDES Construction Permit;“Limit 8” Endangered Species Act compliance certification; Executive Order 05-05 (Historic Preservation) compliance. • Communicating with review agency staff during permit review and negotiation of permit conditions. • Updating City staff via phone/e-mail on regulatory agency interactions. Deliverables: Completed/submitted permit applications and “Limit 8” form. Schedule: Permit applications will be submitted concurrent with the completion of the 60 percent plan set. Permits are expected to be issued by May 31, 2013 to prevent delays to the construction schedule. Assumptions: Project qualifies for “Limit 8” certification of ESA compliance and expedited Fish Enhancement Project permitting from WDFW, and does not require SEPA, local permitting or permitting from the US Army Corps of Engineers. If the project does not qualify for these permits and certifications, permitting and regulatory costs will be higher. 5. Construction Coordination and Supervision This task includes: • Perform constructability review. • Assist Auburn in obtaining a construction contractor. • Transmit construction-ready plans/documents to contractor. • Obtain construction cost estimate from contractor. • Develop change order procedures and decision protocols/thresholds. • Coordinate with contractor on construction, including pre-construction meeting, construction schedule, materials purchases, right-of-entry verification, traffic control/road closure plan. • Oversee erosion control and perform Certified Erosion and Sediment Control Lead (CESCL) responsibilities to comply with NPDES requirements. • Perform daily inspections and complete daily field activity reports. • Coordinate archaeological and cultural resources monitoring of excavation work. • Purchase plants and oversee planting installation. • Perform punch-list inspection with City staff. Deliverables: • Construction Management Plan (CMP). • Construction schedule. • Information/materials necessary for Auburn to issue Notice to Proceed. • Written documentation of various construction planning elements. ACT.E Page 102 of 112 15 • Weekly progress summaries with daily field activity reports, change order log, submitted weekly erosion and sediment control monitoring reports by CESCL. • Punch-list inspection summary. Schedule: Auburn will have information and materials necessary to issue the Notice to Proceed by June 30, 2013. Construction, except for planting, will be completed by the end of the “fish window” as dictated by WDFW (likely September 15, 2013). Planting is expected to be completed by late March 2014. Assumptions: The City of Auburn will negotiate a separate agreement with a contractor for construction of the project. The form and content of the construction agreement will be determined by the parties. If 100% plans and specifications are required to obtain bids from contractors, extra costs will be incurred. 6. Project Closeout This task includes administrative closeout and as-built drawing preparation, including documentation of any field changes. Deliverables: • As-built plan set. • Financial reports and related documents. • Documentation of any field changes. Schedule: Project close-out will be completed by June 30, 2014. ACT.E Page 103 of 112 16 Exhibit Two Estimated Costs Auburn’s total project budget (including construction) is $1,250,000. This scope of work covers project management, design, permitting, and construction coordination and supervision services to be provided by King County WLRD. Construction costs will be paid under a separate agreement/contract between Auburn and contractor(s). Estimated Service Costs Task Budget ($) Projected Completion date 1. Project Management * $17,585 June 30, 2014 2. Cultural Resources Investigations $15,500 November 15, 2012 or 30 days after agreement execution 3. Engineering and Design (Preliminary through Final)* $120,000 April 30, 2013 4. Permitting/Regulatory Compliance $45,000 May 31, 2013 5a. NTP issued by Auburn $0 June 30, 2013 5b. Construction Coordination and Supervision * $39,257 September 15, 2013 5c. Archaeological Monitoring $16,000 September 15, 2013 6. Project Closeout/As-builts* $5,000 June 30, 2014 Estimated Cost of Tasks $258,342 + 15% Contingency** $38,751 Total $297,093 June 30, 2014 * Denotes an “A&E Activity”. This project is subject to funding source limitations for Architectural and Engineering activities (A&E). Budget for starred tasks shall not be exceeded without prior written authorization by the City. Additionally, King County will contribute a total of $35,000 in in-kind technical services for any one or more of the A&E tasks. Costs for other tasks may be shifted between tasks as long as the total budget ($297,093, inclusive of King County’s in-kind contribution) is not exceeded. ** Contingency funds shall not be expended without prior written authorization from the City, specifying the amount of funds to be expended and the task(s) to which the authorized funds are to be allocated. ACT.E Page 104 of 112 Fenster Levee Setback Floodplain Restoration Phase II Site Assessment and Project Alternatives Analysis 4 ACT.E Page 105 of 112 Fenster Levee Setback Floodplain Restoration Phase II Site Assessment and Project Alternatives Analysis 23 ACT.E Page 106 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Financial Options Available to the City of Auburn Date: October 16, 2012 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Materials will be provided at the meeting. Reviewed by Council Committees: Councilmember:Backus Staff:Coleman Meeting Date:October 22, 2012 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 107 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: Director's Report Date: October 16, 2012 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: For information only. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:October 22, 2012 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 108 of 112 AGENDA BILL APPROVAL FORM Agenda Subject: PCDC Matrix Date: October 16, 2012 Department: Planning and Development Attachments: PCDC Matrix Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached matrix. Reviewed by Council Committees: Councilmember:Backus Staff:Snyder Meeting Date:October 22, 2012 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 109 of 112 PC D C W o r k P l a n M a t r i x – O c t o b e r 2 2 , 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 2 2 , 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 . S t a f f t o r e t u r n t o P l a n n i n g C o m m i s s i o n w i th more information to di s c u s s o n c e l l t o w e r p r o p o s e d c o d e c h a n g e s . • 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.C Page 110 of 112 Oc t o b e r 2 2 , 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 TB D 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 . S t a f f r e v i e w e d t h e d r a f t T a b l e o f Contents with Committee on 10 / 0 8 / 1 2 . 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 N o v e m b e r 1 3 F a 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.C Page 111 of 112 Oc t o b e r 2 2 , 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 ee 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 N o v e m b e r 1 3 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 wi l l o c c u r 1 0 / 2 2 / 1 2 . 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.C Page 112 of 112