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HomeMy WebLinkAbout6688ORDINANCE NO. 6 6 8 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO LAND USE REGULATION, CREATING A NEW DEFINITION FOR YOUTH COMMUNITY SUPPORT FACILITIES, ADDING YOUTH COMMUNITY SUPPORT FACILITIES AS A PERMITTED USE IN THE C-1, LIGHT COMMERCIAL ZONING DISTRICT, ADDING AN ADDITIONAL SPECIFIC LAND USE STANDARD FOR THE SITING OF YOUTH COMMUNITY SUPPORT FACILITIES, AND AMENDING CHAPTER 18.04, TABLE 18.23.030, AND SECTON 18.57.040, OF THE CITY CODE WHEREAS, Nexus Youth & Families, a non-profit organization, has submitted a Zoning Code Text Amendment request for a new definition titled "Youth Community Support Facility" that would fully encompass their current and future planned land uses; and, WHEREAS, Nexus Youth & Families currently owns six parcels totaling approximately 2.31 acres and has right of first refusal on one additional 0.24 -acre property that is surrounded on three sides by their current holdings; and, WHEREAS, the seven parcels mentioned are currently zoned C-1, Light Commercial; and, WHEREAS, Nexus Youth & Families provides supportive services to children, young adults, and young families who are homeless, at risk of homelessness, at risk of exploitation, experiencing a disability that presents barriers to employment and housing stability; or generally require structured supportive services to be successful living in the community; and, Ordinance No. 6688 November 14, 2018 Page 1 of 10 WHEREAS, Nexus Youth & Families provides these services in South King County, where homelessness is a continuously growing concern; and, WHEREAS, the new definition of Youth Community Support Facilities would apply City-wide to properties which are zoned C-1, Light Commercial; and, WHEREAS, Youth Community Support Facilities would be limited to being owned and operated by non-profit organizations or government entities; and, WHEREAS, this new definition was requested by a private party (Nexus Youth & Families), however, could also be utilized by other entities meeting the applicable requirements; and, WHEREAS, the Planning Commission had an initial discussion on the new definition and requested additional information from Staff at the June 5, 2018 Planning Commission meeting; and, WHEREAS, the Planning Commission had a second discussion on the new definition at the July 17, 2018 Planning Commission meeting and directed Staff to advertise for a future Public Hearing; and, WHEREAS, a Notice of Application, Notice of Public Hearing, and Determination of Non -significance (DNS) was issued on July 23, 2018; with no comments received or appeal filed; and, WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Code Text Amendment at the August 21, 2018 Planning Commission meeting, and made a recommendation of approval to the City Council. Ordinance No. 6688 November 14, 2018 Page 2 of 10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Revision of City Code. Table 18.23.030 and Section 18.57.040 of the Auburn City Code are amended, and a new section, 18.04.954, is created to read as shown on Exhibit 1 to this Ordinance. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. 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 of this ordinance to any person or circumstance will 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 will take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: NOV 19 2D18 PASSED: NOV 19 2018 APPROVED: NOV 19 2018 KANCY S, MAYOR Ordinance No. 6688 November 14, 2018 Page 3 of 10 ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: k�s� Steven L. Gross, City Attorney Published:a�, , - ' Ordinance No. 6688 November 14, 2018 Page 4 of 10 Section A —add anew definition to Chapter 18.04 ACC 'Definitions' as follows: 18.04.954 Youth community support facility. "Youth community support facility" means a building, or a group of buildings within a campus setting, owned and operated by a nonprofit corporation or government entity that provides supportive services to children and young adults (under the age of 26) and families (with a child or young adult under the age of 26), who are homeless, at risk of homelessness, at risk of exploitation, experiencing a disability that presents barriers to employment and housing stability; or generally require structured supportive services to be successful living in the community; by providing counseling and case management, transitional housing (housing for no more than two years), temporary housing (i.e. limited to overnight stay), and daytime drop-in services (e.g. meals, showers, counseling, etc.). This definition does not include facilities providing housing for criminal justice, parole, or probation programs. Youth community support facilities are not stand- alone "supportive housing" or "communal residences". Section B - ACC Table 18.23.030, uses allowed in commercial and industrial zones to be amended as follows: Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES P — Permitted BY ZONE C — Conditional P A — Administrative P 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 (list not included—not applicable to this agenda item) RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES (list not included — not applicable to this agenda item) RESIDENTIAL (list not included — not applicable to this agenda item) RETAIL (list not included — not applicable to this agenda item) SERVICES Animal daycare (excluding A A A P A P X P ACC 18.57.040(A) kennels and animal boarding) Animal sales and services P P P P P P X P ACC 18.57.040(B) (excluding kennels and veterinary clinics) 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 A P P P P P P daycare, daycare center, Ix preschools or nursery schools Dry cleaning and laundry P P P P P P P P service (personal) Equipment rental and leasing X X X P X P X P Kennel, animal boarding X X X A X A IX A IACC 18.57.040(C) Government facilities, this A A A A A excludes offices and related JA JA JA uses that are permitted outright Hospital X P P P X P X P Lodging — Hotel or motel X P P P P A I P A Medical — Dental clinic P P P P P P Ix X Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES P — Permitted BY ZONE C — Conditional A A —Administrative A X — Prohibited A Zoning Designation Standards for Specific LAND USE Land Uses C -N C-1 C-2 C-3 I C-4 M-1 EP I M-2 Mortuary, funeral home, A P X P X P X X the following: Sunday: 9:00 crematorium a.m. to 10:00 p.m. or Monday — Personal service shops P P P P P P X X Saturday: 7:00 a.m. to 10:00 Pharmacies P P P P P X X X p.m. Print and copy shop P P P P P P X X Other uses may be permitted Printing and publishing (of X A P P P P P P by the planning director or books, newspaper and other designee if the use is printed matter) determined to be consistent Professional offices P P P P P P P P with the intent of the zone and Repairservice— Equipment, X A P P P P X P ACC 18.57.040(D) appliances character of the uses Veterinary clinic, animal A P P P P P X X permitted. See ACC hospital 18.02.120(C)(6), Unclassified Youth Community X P X X X X X X ACC 18.57.04(E) SupLort Facility TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE (list not included— notapplicable to this agenda item) VEHICLE SALES AND SERVICES (list not included— not applicable to this agenda item) OTHER Any commercial use abutting a A A A A A A A A residential zone which has hours of operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or Monday — Saturday: 7:00 a.m. to 10:00 p.m. Other uses may be permitted P P P P P P P P 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. Section C — ACC 18.57.040, Standards for Specific Land Uses to be amended as follows: 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 the 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 Chapter 6.35 ACC, Dangerous Dogs. The owner shall ensure the facility meets the requirements for a "proper enclosure" as set forth in ACC 6.01.010(A)(27). 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. g. The exterior appearance of an animal daycare 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 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 feet by 10 feet. f. The facility shall maintain a minimum total of 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 properdisposal 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 C-4 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. E. Youth Community Support Facility. 1 Youth Community Support Facilities shall be located within 500 feet (walking distance) of a transit stop: and connected via sidewalks or an approved pedestrian facility.