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Home My WebLink AboutIV.G Ordinance 6230AGENDA BILL APPROVAL FORM * SASH IIG'Ti Agenda Subject: Ordinance No. 6230 Proposed amendments to Date: March 23, 2009 Auburn City Code Chapter 18.29 relating to the Downtown Urban Center Zone (ZOA09-0002). Department: Planning, Attachments: Ordinance No. 6230. Budget Impact: NIA Building and Community Administrative Recommendation: None. Background Summary: Recently a downtown business removed and replaced siding and removed windows on a portion of an existing structure that has frontage along Main Street. This type of project is considered an alteration and the building permit is issued "over the counter". Pursuant to Auburn City Code Section 18.29.020 site and exterior alterations that do not exceed 25 percent of the assessed valuation of the property (building or land) as determined by the Planning Director are exempt from the provisions of Chapter 18.29, which includes the Downtown Urban Center Design Guidelines. Since the project valuation did not exceed 25 percent of the assessed valuation for this project, compliance with the design guidelines was not required. Draft code amendments addressing exemption levels for existing structures in the Downtown Urban Center (DUC) zone were brought before the Planning & Community Development Committee and Planning Commission for discussion. In general, the amendments will require any exterior alteration andlor building addition to an existing structure that has frontage on a designated pedestrian street to be reviewed under the adopted Downtown Design Guidelines. On March 3, 2009, the Auburn Planning Commission held a public hearing on the proposed code amendments for proposed changes to the Downtown Urban Center zone addressing exemption levels for existing structures. The Planning Commission is advisory to the City Council and made a recommended approval of the proposed code amendments. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ®Planning & CD ❑ Fire ®Planning ❑ Park Board ❑ Public Works ®Legal ❑ Police ® Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l Tabled Until I I Councilmember: Norman Staff: Baker Meeting Date: March 23, 2009 Item Number: rr~Y t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1 Agenda Subject: Ordinance No. 6230 Proposed amendments to Date: March 17, 2009 Auburn City Code Chapter 18.29. A. Findings 1. Title 18 of the Auburn City Code (ACC), related to zoning, includes Chapter 18.29 entitled "Downtown Urban Center" district which provides for regulation of downtown development and redevelopment within the City of Auburn. 2. The Downtown Urban Center zone is intended to create a distinct and strong identity for downtown Auburn by establishing land use and design standards for review of development proposals within the core area of the City of Auburn's designated Urban Center, in order to implement the City of Auburn Downtown Plan and the goals, policies and objectives of the Auburn Comprehensive Plan. 3. In general, the amendments will require all exterior alterations to existing structures for properties that have frontage on a designated Pedestrian Strees to comply with the Downtown Urban Center zone which includes the Downtown Design Guidelines. 4. The Downtown Design Guidelines, adopted by reference in Chapter 18.29, identify pedestrian streets, Pedestrian I and Pedestrian II. The amendments address exterior alterations on properties that have frontage on designated pedestrian streets. Pedestrian streets have been designated as such for their importance to downtown redevelopment, active pedestrian streetscape, and connection to Main Street. 5. These code amendments are supported by the City of Auburn Comprehensive Plan. The Comprehensive Plan land use map descriptions (Auburn Comprehensive Plan, Chapter 14) for the "Downtown" designation state, in part, "Downtown Pur ose: To create a vibrant people oriented downtown which serves as the business, government, and cultural focal point of the community that includes multi-family residential development. Description: The area should be developed in a mannerwhich is consistent with and attracts pedestrian oriented activities..." 6. The adoption of an existing environmental document, Auburn Downtown Plan Environmental Impact Statement, was issued forthe proposed amendments to Chapter 18.29 on February 4, 2009. No comments have been received as of the writing of this report. 7. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Office of Community, Trade, and Economic Development (CTED) and other state agencies as required for the 60-day state review and were received by CTED on February 6, 2009. The City received an acknowledgement letter via email on February 9, 2009. No comments were received from CTED or other state agencies as of the writing of this report. 8. The public hearing notice was published on February 16, 2009 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for March 3, 2009. Page 2 of 3 Agenda Subject: Ordinance No. 6230 Proposed amendments to Date: March 17, 2009 Auburn City Code Chapter 18.29. 9. The Planning Commission held a public hearing on March 3, 2009, took public testimony, and made a recommendation to the City Council. 10. The following report outlines the proposed amendments to Chapter 18.29, Downtown Urban Center: Discussion An existing downtown business removed and replaced siding and removed windows on an existing structure that has frontage along Main Street. This type of project is considered an alteration and the building permit is issued "over the counter". Since the Downtown Urban Center zone was adopted by the City Council in 2007 the downtown business replacing siding was one of the first tests on how the exemption levels are applied and whetherthose levels are appropriate. As proposed, exterior alterations to an existing structure or building additions will require design review. The proposed amendments are tiered to apply to exterior alterations for properties that front designated pedestrian streets (Pedestrian 1 & Pedestrian 2 per the Downtown Design Guidelines). For properties that do not front designated pedestrian streets the existing standard of alterations/additions that do not exceed a percentage of the assessed valuation of the property and building will apply. Part of this process will also include developing internal review procedures that will not add review time to these types of building permit applications (e.g. additionslalterations) to accomplish design review. Staff Recommendation Approval Planning Commission Recommendation Approval of the proposed code amendments as recommended by staff. Page 3 of 3 ORDINANCE N0. 6- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18.29.020 OF THE AUBURN CITY CODE RELATING TO EXEMPTION LEVELS FOR IMPROVEMENTS TO EXISTING STRUCTURES WITHIN THE DOWNTOWN URBAN CENTER DISTRICT WHEREAS, improvements to existing structures within the Downtown Urban Center district should be consistent with the adopted design standards; and WHEREAS, designated pedestrian streets within the Downtown Urban Center district are key streets for downtown redevelopment and consistent architectural appearance is imporant; and WHEREAS, following proper public notice, the City of Auburn Planning Commission held a public hearing on March 3, 2009, on proposed code amendments regarding exemption levels for improvements to existing structures within the Downtown Urban Center district; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on March 3, 2009, the Planning Commission made its recommendations for code amendments to the Auburn City Council; and, WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and, Ordinance No. 6230 March 18, 2009 Page 1 of 4 WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA), with a determination of non-significance (DNS) issued February 4, 2009; and, WHEREAS, the City Council finds that the proposal was received by State agencies for the 60-day review period on February 9, 2009, also in accordance with state law, RCW 36.70A.106. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 18.29.020, of the Auburn City Code be and the same hereby is amended to read as follows: 18.29.020 Scope. A. The downtown urban center zone may be applied to any property designated as "Downtown" on the Auburn comprehensive plan map. B. Site plan and building design review and approval shall be required for all public and private development activities requiring permits within the downtown urban center zone unless exempted under subsection C of this section. The planning, building and community director is given the authority to require building design and site plans consistent with the design standards contained or referenced herein and to require revisions as necessary in order to ensure development is consistent with the purpose of this chapter. C. The following activities, as determined by the Director, shall be exempt from theprovisions of this chapter if the property has frontage on a pedestrian street as defined in the Downtown Urban Center Design Standards: 1. Interior alterations that do not alter the exterior appearance of a structure or modify an existing site condition; 2. Normal or routine building and site maintenance/repair that are exempt from permit requirements; and 3. Anv remodeling or expansion of existing single family residences with no change in use or addition of dwelling units involved. C. The following activities, as determined by the director, shall be exempt from the provisions of this chapter if the property does not have frontage on a pedestrian street as defined in the Downtown Urban Center Design Standards: 1. Interior alterations that do not alter the exterior appearance of a structure or modify an existing site condition; Ordinance No. 6230 March 18, 2009 Page 2 of 4 2. Site and exterior alterations that do not exceed ~~~~~1~0~xpercent of the assessed valuation of the property (building or land} per the most recent county records; 3. Building additions that are less than 10 percent of the existing floor area of the existing building(s). Any cumulative floor area increase (from the adoption date of the ordinance codified in this chapter} that totals more than 10 percent shall not be exempt; unless the director determines compliance with these standards would be unfeasible andlor unreasonable; 4. Normal or routine building and site maintenance/repair that is exempt from permit requirements; 5. Any remodeling or expansion of existing single-family residences with no change in use or addition of dwelling units involved. (Ord. 6071 § 6 (Exh. A), 2007.} 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. 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. DATED and SIGNED this day of , 2009. INTRODUCED: PASSED: Ordinance No. 6230 March 18, 2009 Page 3 of 4 APPROVED: CITY OF AUBURN PETER B. LEWIS MAYO R ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6230 March 18, 2009 Page 4 of 4 L N ~L a