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Home My WebLink About6644 ORDINANCE NO. 6 6 4 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.04.625, 18.23.030, AND 18.57.035, OF THE CITY CODE, RELATING TO THE RESIDENTIAL USES ALLOWED IN THE C-1, LIGHT COMMERCIAL ZONING DISTRICT, AND DEVELOPMENT STANDARDS FOR MIXED-USE DEVELOPMENT WHEREAS, the City Council established a one-year moratorium, commencing on December 7, 2015, under Resolution No. 5187, for accepting or processing applications, permits, or other approvals for residential uses within the C-1, Light Commercial zoning district; and, WHEREAS, Resolution No. 5187 directed the Planning Commission and City Staff to review and determine which uses listed under "Residential" in ACC Table 18.23.030 are appropriate within the C-1 zone; and, WHEREAS, the Planning Commission discussed and determined which Residential uses were appropriate in the C-1 zone at the October 4, 2016 Planning Commission meeting; and, WHEREAS, the Planning Commission held a public hearing on the proposed amendments at the November 9, 2016 Planning Commission meeting, and made a recommendation of the amendments to the City Council; and, WHEREAS, a private application for a zoning text amendment was processed by City Staff, culminating in issuance of a Determination of Nonsignificance (DNS) on November 17, 2016. This private amendment request was proposing to amend a section of code the Planning Commission had recommended to be removed, specifically relating to the uses allowed to satisfy the non-residential component of a previously approved mixed-use development; and, Ordinance No. 6644 March 9, 2017 Page 1 of 11 WHEREAS, the timing of this private application triggered a need for the City Council to extend the moratorium established under Resolution No. 5187; and, WHEREAS, the City Council extended the moratorium for an additional six months under Resolution No. 5258, commencing on December 5, 2016; and, WHEREAS, City Staff presented further amendments to address the private application request along with further amendments to the development standards for mixed-use developments to the Planning Commission at the January 4, 2017 and February 2.2 Planning Commission meetings; and, WHEREAS, the Planning Commission held a public hearing on the proposed amendments at the March 7, 2017 Planning Commission meeting, and made a recommendation of the amendments to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 18.04.625 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.625 Mixed-use development. "Mixed-use development" means a single unified development that incorporates the planned integration of two or more different land uses consisting of some combination of office, light industrial, hotel, retail, entertainment, public uses, along with and-residential uses. Mixed-use development may be vertically oriented in one or more buildings, or geographically horizontally distributed on a development site. When geographically horizontally distributed, the different uses may be constructed concurrently and or—in separate phases, and should incorporate common and/or complementary features and/or elements such as pedestrian walkways, access driveways, parking areas, architectural themes, or other techniques that provide integration between uses on the site. (Ord. 6253 § 2, 2009.) Section 2. Amendment to City Code. That Section 18.23.020 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6644 March 9, 2017 Page 2 of 11 Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone P = Permitted A = Administrative C = Conditional Use X = Not Permitted Zoning Designation Standards LAND USE for Specific C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, light XXXPXPXP Building contractor, heavy XXXXXAXP Manufacturing, assembling and packaging - X X X P X P P P ACC Light intensity 18.31.180 Manufacturing, assembling and packaging X X X A X P A P ACC Medium intensity 18.31.180 Manufacturing, assembling and packaging - X X X X X X X A ACC Heavy intensity 18.31.180 Outdoor storage, incidental to principal X X X P X P P P ACC permitted use on property 18.57.020(A) Storage - Personal household storage X P X P X P X P ACC facility (mini-storage) 18.57.020(B) Warehousing and distribution XXXXXPPCAQC 18.57.020(C) Warehousing and distribution, bonded and X X X P X P P P located within a designated foreign trade zone Wholesaling with on-site retail as an X X X P X P P P incidental use (coffee, bakery, e.g.) RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation facility, indoor 'X P P P P P 1P A Commercial recreation facility, outdoor 'X X X A X P iA A ACC 18.57.025(A) Conference/convention facility 'X X A A X A X X Library, museum XAAAXAPX Meeting facility, public or private APPPXAPA Movie theater, except drive-in X P P P P X X X Private school - Specialized A A P P P P P P education/training (for profit) Religious institutions, lot size less thaniA P P P A A A A one acre Religious institutions, lot size more than C P P P A A A A one acre Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC Sports and entertainment assembly facility X X A A X A X A Ordinance No. 6644 March 9, 2017 Pa9e 3 of 11 Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone P = Permitted A = Administrative C = Conditional Use X = Not Permitted Zoning Designation Standards LAND USE for Specific C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Studio - Art, dance, martial arts, music, P P P P P P A A etc. RESIDENTIAL Caretaker apartment XPPPXPPP Live/work or work/live unit X PXPPPPPX Work/live unit X P P P P P P X Multiple-family dwellings as part of a X PX P P P P P X ACC mixed-use development - 18.57.030(A) Multiple-family dwellings, stand-alone XXXXXXXXACC 18.57.030(B) Nursing home, assisted living facility XPPPCXXX Senior housing_Z X AX A A X X X X RETAIL Building and landscape materials sales XXXPXPXPACC 18.57.035(A) Construction and heavy equipment sales and X X X X X A X P rental Convenience store AAPPXPPP Drive-through espresso stands AAAPAPAA Drive-through facility, including banks A A A P P P X P ACC and restaurants 18.52.040 Entertainment, commercial XAPPXAXA Groceries, specialty food stores PPPPPPPXAQC 18.57.035(B) Nursery XXXPAPXPACC 18.57.035(C) Outdoor displays and sales associated with P P P P P P P P ACC a permitted use (auto/vehicle sales not 18.57.035(D) included in this category) Restaurant, cafe, coffee shop .P P P P P P P P Retail Community retail establishment APPPPPXP Neighborhood retail establishment PPPPPPXP Regional retail establishment XXXPPPXA Tasting room PPPPPPPP Ordinance No. 6644 March 9, 2017 Page 4 of 11 Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone P = Permitted A = Administrative C = Conditional Use X = Not Permitted Zoning Designation Standards LAND USE for Specific C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Tavern PPXPPPXA Wine production facility, small craft A P P P P P P P distillery, small craft brewery SERVICES Animal daycare (excluding kennels and A A A P A P X P ACC animal boarding) 18.57.040(A) Animal sales and services (excluding P P P P P P X P ACC kennels and veterinary clinics) 18.57.040(B) Banking and related financial P P P P P P P P institutions, excluding drive-through facilities Catering service P P P P A P A P Daycare, including mini daycare, daycare A P P P P P P X cente-r, preschools or nursery schools Dry cleaning and laundry service P P P P P P P P (personal) Equipment rental and leasing XXXPXPXP Kennel, animal boarding XXXAXAXAACC 18.57.040(C) Government facilities, this excludes A A A A A A A A offices and related uses that are permitted outright Hospital XPPPXPXP Lodging - Hotel or motel XPPPPAPA Medical - Dental clinic PPPPPPXX Mortuary, funeral home, crematorium APXPXPXX Personal service shops PPPPPPXX Pharmacies PPPPPXXX Print and copy shop PPPPPPXX Printing and publishing (of books, X A P P P P P P newspaper and other printed matter) Professional offices PPPPPPPP Repair service - Equipment, appliances XAPPPPXPACC1857.040(D) Veterinary clinic, animal hospital APPPPPXX TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ordinance No. 6644 March 9, 2017 Page 5 of 11 Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone P = Permitted A = Administrative C = Conditional Use X = Not Permitted Zoning Designation Standards LAND USE for Specific C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Ambulance, taxi, and specialized X X X A X P X P transportation facility Broadcasting studio X P X P X P X P Heliport XXXCXCXC Motor freight terminal 1 XXXXXXXX See Footnote No. 1 Parking facility, public or commercial, X P P P P P P X surface Parking facility, public or commercial, X P P P P P P X structured Towing storage yard XXXXXAXPACC 18.57.045(A) Utility transmission or distribution line A A A A A A A A or substation Wireless communication facility (WCF) - - - - - - - - ACC 18.04.912, 18.31.100 VEHICLE SALES AND SERVICES Automobile washes (automatic, full or X A X P P P X P ACC self-service) 1$.57.050(A) Auto parts sales with installation X A A P P P X P services Auto/vehicle sales and rental XAXPXPXPACC 18.57.050(B) Fueling station X A A P P P X P ACC157.050(C) Mobile home, boat, or RV sales XXXPXPXP Vehicle services - Repair/body work XXAPXPXPACC 18.57.050(D) OTHER Any commercial use abutting a residential A A A A A A A A zone which has hours of operations outside of the following: Sunday: 900 a.m. to 10:00 p.m. or Monday - Saturday: 7:00 a.m. to 10:00 p.m. Other uses may be permitted by the planning P P P P P P P P director or designee if the use is determined to be consistent with the intent of the zone and is of the same Ordinance No. 6644 March 9, 2017 Page 6 of 11 Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone P = Permitted A = Administrative C = Conditional Use X = Not Permitted Zoning Designation Standards LAND USE - for Specific C-N Cl- C-2 C-3 C-4 M-1 EP M-2 Land Uses general character of the uses permitted. See ACC 18.02.120(C) (6) , Unclassified Uses. 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 are consistent with ACC 18.23.040, Development standards, are allowed. 2Any mixed-use development or senior housing project vested prior to Resolution No. 5187 (December 7, 2015) are an outright permitted use. in the C-1 zone. Subsequently if a non- residential use within a vested mixed-use development changes, then the non-residential use shall maintain a minimum of 10 percent of the cumulative building ground floor scuare footage consisting of the uses permitted outright, administratively, or conditionally, listed under "Recreation, Education, and Public Assembly", "Retail", or "Services" of the C-1 zone. (Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.) Section 3. Amendment to_City Code. That Section 18.57.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.57.030 ResidentialMixed-Use Development. 1. C 1 Zone. Multiple family dwelling as part of a mixed use developmcnt is A. All zones where permitted. al. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of the nonresidential components of the mixed-use development=; - - - - - - - - - - •• -- e, . . . e.... - • - - - - -; - •e - - - . -e•- Ordinance No. 6644 March 9, 2017 Page 7 of 11 dwellings shall comply, as applicable, with the neighborhood review meeting e2. Vertical mixed-use. a. Mixed-use development comprised of a maximum of one building on a development site shall have a minimum of 50 percent of the ground floor comprised of one or more of the uses permitted outright, administratively, or conditionally, listed under "Recreation, Education, and Public Assembly", "Retail", or "Services" i , entertainment or office uses that arc permitted outright or conditionally in Table. 1.8.23.030; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators; waiting/lobby areas, mechanical rooms, mail areas, and garbage/recycling/compost storage areas, and vehicle parking areas located mon the ground floor, except that non street incidental-uses shall occupy a maximum of 50 percent of the ground floor space; or_ g3. Horizontal mixed-use. a. Mixed-use development that has comprised of two or more than-two-buildings shall have a minimum of 25 percentage of the cumulative building ground floor square footage comprised of one or more of the uses permitted outright, administratively, or conditionally, listed under "Recreation, Education, and Public Assembly", "Retail", or "Services".e • •• - - - , - - - - - •• - , - e •.-- in Table 1.8.23.030; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators, waiting/lobby areas, mechanical rooms, mail areas, garbage/recycling/compost storage areas,. and vehicle parking areas located on the ground floor shall not be included in this 25 percent requirement.u'ses tthat re pemitte, - -- -..e.-- 1 ' - • e - - — 0 . . • - -..e..- - e . .e e -- - - footage. iii. For five or more buildings, 10 percent of the cumulative building ground floor are footage. - - e- __ _ - -- _ • - - •• - • - - - - - , ' - . b. Mixed-use development comprisedof two or more buildings (horizontal mixed- use) shall be arranged with the required non-residential buildings) located adjacent to Ordinance No. 6644 March 9, 2017 Page 8 of 11 the public street or private street and the multi-family located behind. For a corner lot or through lot, the non-residential building(s) shall be located adjacent to higher classification street. 2.B. C-2 and C-4 Zones. 1. Vertical mixed-use development is required. - ': - - e - •- - permitted as part of a mixed use development provided they are: 2. All other requirements of Subsection A of this section shall apply. -- - - - _ - _ a . •-- • - - - . W. C-3 Zone. et -- provided-1,200 square feet of lot area is provided--required for each dwelling unit. 2. All other requirements of Subsection A of this section shall apply. e. • _ - -- e - - - - - - 'e- -*•• •• - - .. - • • - - - - •_- - - - - . ! ! - - - - -- _ - - -- fire codes. 5D. M-1 Zone. 1. Vertical mixed-use development is required. - - - •- - permitted as part of a mixed use development, provided they are: 2. Ground floor uses shall be comprised of one or more of the uses permitted outright, administratively, or conditionally, listed under "Retail" or "Services" in Table 18.23.030_ All other requirements of Subsection A of this section shall apply. - ' : -.e. -- - - e - -." - e - - : - - -- - - • - - - • • " • - - - • : • - - . . e - -- - - - -- - - • - - - "- - "- - - - _ t+flit;and Ordinance No. 6644 March 9, 2017 Page 9 of 11 Y70AaIY#YN- A4 I*MwY a' -_•=--�_�. ».::.... . rate. __ »r:............. .,...Taunt=.Nat :ntrmmr_-..._ C if Cif cNiatio 7 Spirjriria 2 CAW !AE When along the roadways listed above: Scmmie 1:Vertical mixtd•us (street level wmtneraaC rrniltiEainity shove)development required:or Samaria It Horizontal mixed-use(commerelal use along frontage.multifamily:along the rear) required: ravwmr 91EeTYALIZZ tr 011=W aav . SCe,T OrIO:3 C/MF Commercial AAF MP-MultlJamlty When oriented along the ro adways listed:above: Scenario 3:Landlocked property,Property to the rear-can be stand-alone multifamily.;. trYmr6rlteiais t$TT.r^ar05..3 5c en:3no,t INF LegendCr—Commercial 6MF®Maki fmnHli When oriented along other minor arterials and nonresideatiel collectors Scaraofo4 Properties along streets Olt are less attractive to caamercialuses,such is I St NE, stand-alone multifamily can bepemutted. _ 2E. EP Zone. r , •e - _ • _ - e _ - _- .. . e - • e - . a1. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. 2. All other requirements of Subsection A of this section shall apply. (Ord. 6478 § 1, 2013; Ord. 6435 § 1, 2012.) Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6644 March 9, 2017 Page 10 of 11 Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ,Ap z 17 2017 PASSED: '11772a APPROVED: CITY OF AUBURN ATTEST: N NCY BA , MAYO �� Danielle E. Daskam, City Clerk APPR a ED AS TO FORM: A _A LA J Daniel B. Heil, ity ttorn- Published: - Ordinance No. 6644 March 9, 2017 Page 11 of 11