HomeMy WebLinkAbout07-19-2004 Item VIII-A-4TYOF -' .*
ACI *
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subiect
Date:
ZOA04-0001 –Zoning OrdinanceAmendment
July 13, 2004
Department: Planning
Attachments: Ordinance No. 5863 (as recommended
Budget Impact:
by the Planning Commission June 16, 2004); Public Works
Department Memorandum; Correspondence; SEPA DNS;
June 16, 2004 Planning Commission Public Hearing
PowerPoint Presentation; June 16, 2004 draft Planning
Commission public headng minutes.
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 5863.
Background Summary:
During the course of the City of Auburn's year 2003 Comprehensive Plan amendment process, the City
Council denied a privately initiated comprehensive map amendment request from a "Light Industrial"
designation to a "Heavy Industrial" designation.
This Comprehensive Plan map amendment request was intended to allow for the development of a
contractor's yard. Typically, contractor yards have small buildings relative to the size of their outdoor
storage area (for materials and equipment). The applicant felt that he could not comply with the M1 zone
outdoor storage requirements and therefore sought a "Heavy Industrial" plan map amendment (that would
support an eventual rezone to M2, Heavy Industrial). In taking action to deny the applicant's request, the
Auburn City Council also directed staff to review the M1 ("Light Industrial") zone outdoor storage
requirements.
M1 zone outdoor storage was discussed at several Planning and Community Development Committee
meetings earlier this year as well as at a City Council study session on March 31, 2004. The Planning
Commission held a public hearing on the proposal on June 16, 2004 and recommended approval of the
attached draft ordinance. The attached draft ordinance identifies additional code language being
recommended by the Planning Commission.
L0719-8
03.4.2.1.2
evtewe y ounc
ommi ees:
Revtewe
y epa mens
& Divislims:
Arts Commission
COUNCIL COMMITTEES:
BuildingM&O
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Hearing Examiner
Municipal Serv.
Finance
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NPIanning & CD
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Planning Comm.
LjPublic Works
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Action:
CommitteeApproval:
eYeseNo
Council Approval: Yes No Call for Public Hearing
Referred to Until
Tabled Unfit-7-7—
Councilmember: Singer Staff: Krauss
Meeting Date: July 19, 2004 Item Number: VIII.A.4
AUBURN* MORE THAN YOU IMAGINED
Agenda Subject Date:
ZOA04-0001 — Zoning Ordinance Amendment July 13, 2004
FACTS AND FINDINGS
Auburn City Code (ACC) section 18.04.676 defines "Outdoor storage" as follows,
18.04.676 Outdoor storage.
"Outdoor storage" means the keeping of materials, supplies, equipment, machinery
and vehicles which are not currently licensed or capable to operate on public streets
or highways, in an open, uncovered yard or nonwalled buildings. This definition
includes junkyards as defined by ACC 18.04.500, but excludes outdoor sales as
defined by ACC 18.04.672."
One of the key elements of this definition is that licensed vehicles are not considered outdoor storage.
2. ACC section 18.32.010, entitled, "Intent", states the purpose of the M1 zone and discusses outdoor storage.
The M-1 zoning district "Intent" section states, in part,
18.32.010 Intent.
The light industrial character will limit the amount of industrial activities
and other uses which may be conducted outside of enclosed buildings.
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 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." (Emphasis added)
3. The M1 zone (ACC Chapter 18.32) currently regulates outdoor storage based on a percentage of
building area. Outdoor storage is allowed as a permitted use, through an administrative use
permit, or as a conditional use, as a percentage of floor area of the building.
The following generally summarizes the existing M1 zone outdoor storage use requirements.
Permitted use (ACC 18.32.020(M)): Outdoor storage up to 10 percent of
the floor area of the building occupied by the use that generates the outdoor
storage is a permitted use. The outdoor storage area must be
supplemental to the permitted use, located to the rear of the property,
cannot abut a street and must be separated by another use such as a
building or parking lot. It is also subject to screening requirements.
Administrative Use Permit (ACC 18.32.030(M)): Outside storage up to 30
eo rcent of the floor area of the building is permitted subject to the
administrative use permit review and approval process. (Administrative use
permits are discretionary permits decided by the Planning Director and are
appealable to the Hearing Examiner.) Again, the outside storage must be
supplemental to a permitted use, located to the rear of the property and
cannot abut a street and must be separated by another use such as a
building or parking. (Conditions can be required of administrative use
permits to mitigate adverse impacts.)
Page
Aaenda Subject Date:
ZOA04-0001 —Zoning Ordinance Amendment July 13, 2004
Conditional Use Permit (ACC 18.32.040(H)): Outdoor storage up to 50
eo rcent of the floor area of the associated building or which is not located to
the rear of the property or which abuts a street is permitted subject to
obtaining a conditional use permit. (Conditional use permits are
discretionary land use permits requiring a public hearing by the City's
Hearing Examiner who makes a recommendation to the Auburn City
Council. The City Council makes the final decision. Conditions can be
required of conditional use permits to mitigate adverse impacts.)
There are no provisions that allow outdoor storage in excess of 50 percent of the floor area of a
building in the M1 zone.
4. ACC Chapter 18.50 (Landscaping and Screening) establishes specific landscape screening
requirements for outdoor storage by zoning district. ACC 18.50.050(F) identifies landscape
standards for development in the M1 zone, including situations where outdoor storage is
provided. ACC 18.50.050(F) states,
"F. M-1 District.
1. Street frontage: 10 -foot width of Type III, an additional 10 -foot width will be required
when loading and unloading docks face a street. In lieu of the additional 10 -foot width of
Type III landscaping, a Type II landscaping may be provided;
2. Adjacent to any R zone: 10 -foot width of Type l;
3. Adjacent to I, C-1, C-2, P-1, or C -N zone: 10 -foot width of Type II, adjacent outdoor
storage yards will require a 10 -foot width of Type I;
4. Adjacent to C-3, LF zone: 10 -foot width of Type III, adjacent outdoor storage yards will
require a 10 -foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a 10 -foot width of
Type III landscaping shall be placed next to the building;
6. Outdoor storage yards adjacent to other M-1 zoned property shall have a minimum
width of a five-foot Type I landscaping."
5. The proposed amendment to the City's zoning ordinance addresses the outdoor storage
requirements of the M1 (light Industrial) zone to address concerns raised during the 2003
Comprehensive Plan amendment process. The proposal would amend ACC Chapter 18.32 (M1
Light Industrial District) and ACC Chapter 18.50 (Landscaping and Screening). Key features of
the proposed amendments include:
A. ACC Chapter 18.32 (M1 — Liuht Industrial District)
Amount - Outdoor storage is allowed up to 50 percent of the lot size. Building footprint
would no longer be a criterion for determining the amount of allowable outdoor storage on
M1 zoned property. The amount of outdoor storage is proposed to be regulated as a
supplemental development standard (ACC 18.32.060) rather than as a type of use (e.g.
permitted, administrative or conditional).
Location - Outdoor storage in the M1 zone would be allowed 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 would be allowed between a building and a side street lot
line. For through lots (lots having frontage on two or more streets but which are not
corner lots -- such as those lots with frontage on both West Valley Highway and State
Route 167), the location for outdoor storage shall be determined by the Planning Director.
Page 3 of 5
Agenda Subject Date:
ZOA04-0001 — Zoning Ordinance Amendment July 13, 2004
No Outdoor Storaae in Required Yards - Outdoor storage shall not be permitted in
required yards.
Height - Outdoor storage in the M1 zone would be limited to 15 feet in height:.
Surfacina - Outdoor storage areas in the M1 zone must, at a minimum, be paved or
graveled in order to address impacts such as dust. Presently, there is no surfacing
requirement for outdoor storage areas. A memorandum (dated April 4, 2004) from the
Public Works Department addressing storm drainage requirements for gravel storage
areas is attached.
B. ACC Chapter 18.50 Landscapina/Screening
Screenina from Interurban Trail - A new section (ACC 18.50.050(F)(7)) is proposed that
would require outdoor storage in M1 zones to be screened by a ten (10) foot wide Type 1
(solid screen) from the Interurban Trail, regardless of the zoning of the Interurban Trail (most of
the Interurban Trail through the City is zoned M1 "Light Industrial").
Modifications - A new ACC section 18.50.080 entitled "Modification of landscaping
requirements" is proposed. This section would provide flexibility for the planning director
to modify landscaping requirements if an alternative is proposed that provides a superior
level of screening/buffering. Alternative landscaping options might, as examples, include
the use of existing native vegetation, the use of berms or increasing perimeter
landscaping in certain areas. As written, this proposed revision would be applicable to all
landscaping requirements and not just to those associated with outdoor storage.
Development of the proposed code amendment has included review of other jurisdictions'
regulations related to outdoor storage (attached).
6. On June 16, 2004, the Planning Commission held a public hearing on the proposed code
amendments. Two citizens provided testimony. Following the close of the public hearing, the
Planning Commission recommended that the City Council approve the proposal with the inclusion of
the following additional development standards:
"h. Outdoor storage shall be supplemental to a permitted use on the property.
i. Outdoor storage shall consist of supplies, materials, and/or equipment that are in
working and useable condition. Outdoor storage of unworkable and/or unusable
equipment, supplies or materials is not permitted."
These conditions are reflected in the attached Ordinance No. 5863.
7. During the course of developing the proposed amendments the City received a letter (dated
January 22, 2004) from Mr. Roy Bennion of Parkway Capital as well as a letter (dated January
27, 2004) from the City of Federal Way. Mr. Bennion submitted an additional letter on June 16,
2004.
8. A State Environmental Policy Act (SEPA) Determination of Non -Significance (DNS) was issued
on the proposal on June 3, 2004 (attached). The SEPA comment period concluded with no
comments having been received. The appeal period concluded July 13, 2004.
9. The proposal was sent to the State agencies for the 60 -day review period in accordance with
RCW 36.70A.106. The 60 -day review period concluded July 10, 2004 with no comments
received.
Page 4 of 5
Agenda Subject Date:
ZOA04-0001 — Zoning Ordinance Amendment July 13, 2004
10. The Planning and Community Development Committee reviewed the proposal at its July 12, 2004
meeting and recommend approval of the attached ordinance as recommended by the Planning
Commission.
PCDCIZOA04-1 FOR 7-12 PCDC
L0719-8
03.4.2.1.2
Page 5 of 5
AcrryOF, _*., .�CN Interoffice Memorandum
U-ffiEngineering Division
'-JWASHINGTON
To: Dave Osaki, Community Development Administrator
From: Tim Carlaw, Stoma Drainage Utility Engineer
cc: Dennis Selle, P.E., City Engineer /
Date: April 5, 2004
Re: Storm Drainage Requirements for Gravel Storage Areas
This memorandum is written in response to the Planning and Community Development
Committee fequest to consider amending the zoning code to require outdoor storage areas to
be graveled, and the subsequent applicability of storm drainage management requirements.
Gravel is not equivalent to paving. However, runoff increases when natural vegetation is
replaced with gravel. The increase in runoff between natural vegetation and gravel is large,
while the increase in runoff between gravel and paving is small. This results in the need to
install stormwater facilities to mitigate the additional runoff to protect downstream interests.
Water quality is also a concern. The placement of gravel will concentrate the storm water and
any pollutants that may occur during use of the storage area and direct them downstream, so
water quality facilities are also necessary. The following code references would be applicable to
newly created gravel storage areas.
Runoff Control
ACC 15.72.070 describes the circumstances that require mandatory drainage improvements.
"The design storm peak discharge from the subject property may not be increased by the
proposed development". Since the runoff from a site increases when gravel replaces natural
vegetation, the property is required to construct mitigation measures. These typically include a
detention (storage) or retention (infiltration) facility.
Water Quality
ACC 13.48.210 states that "It is unlawful for any individual, a firm or corporation to discharge
into the public storm drainage system directly or indirectly any liquid or solid foreign substances
of biodegradable br other nature which shall cause the water quality to degrade from Class A
water quality standards...". The placement of a gravel surface will concentrate the runoff and
subsequent pollutants and direct them into the downstream drainage system. In addition, silt -
laden runoff typically occurs from gravel surfaces. In order to properly mitigate for these
pollutants, appropriate water quality facilities would be required for the gravel areas.
I hope this information is responsive to your question. If you have further questions or need
clarification, please let me know.
Page 1 of t
AUBURN * MORE THAN YOU IMAGINED
JUN -16-2004 10:37AM FROM -PARKWAY CAPITAL
PARKWAY CAPITAt,, INC.
+206-662-1040 T-133 P.002/002 F-645
520 PIKE STREET - SUITE 1500 - SEATTLE, WA 98101 - (206) 682.6868 - FAX (206) 682.1040 - xiww.msandorfy.oDm
June 16, 2004
City of Auburn__
Planning Commission
c% David OsaE
25 West Main
Auburn, Washington 980014998
Dear Commissioners:
As you know 1 have previously commented on the combined effects of very little
remaining and/or available M-2 zoned land and the restrictions against outside storage
(my concern being container storage) on M-1: zoned land. I have reviewed the proposed
changes to the M-1 zoning code allowing for an increase of outside storage to 50"/a of the
lot. This is a big improvement.
We hope that in the fixture there will be additional thought given to modifying the M -I
zone to include building uses more directly associated with container use. Industry is
increasingly shifting to just -in -time movement of goods and to less traditional
warehousing. We believe that there will be more operations and companies using
facilities like our new UPS building on C Street. Auburn's location and proximity to
major freeways and both the ports of Seattle and Tacoma make it an ideal location for
that type of facility. However, to the extent the building qualifies for M-1 permitted uses,
the storage allowed is a considerable improvement. It will allow us to work on existing
tenant expansion and to work on locations for new companies having storage needs.
Capital, Inc_
RECEIVED
JUN 1 6 2004
pIANNING IDEPARTMENT
PARKWAY CAPITAL, INC.
520 PIKE STREET • SUITE 1500 • SEATTLE, WA 98101 • (206) 682-6868 • FAX (206) 682-1040 • www.msandoftcom
January 22, 2004
Mr. David Osaki
City of Auburn Planning Department
25 West Main
Auburn, Washington 98001-4998
Re: M-1 outside storage issues
Dear David:
In December of 2002 we completed construction of a new 282,000 square foot building
we lease to UPS at 1005 C Street. We now have over 300 employees of UPS working at
the new building with an annual payroll near $20 Million. While I am admittedly biased,
I believe that industrial businesses and improvements such as those UPS brings would
rank near the top on a desirability scale in most communities.
We were able to do the UPS deal in Auburn because a number of factors possessed by
Auburn made it a nearly ideal location. These factors included:
1.) Geography: Today's modern shipping companies doing business in the Puget
Sound region need to be between the Ports of Seattle and Tacoma. Sites near or .
south of Tacoma are too far for optimal trucking rates from the Port of Seattle and
sites north of Seattle are too far from Tacoma.
2.) Topography: You have to build large floor area buildings on flat land.
Hillsides do not work.
3.) Transportation: Large national facilities generally need direct access to I-5
and I-90. Via SR 167 and Highway 18 Auburn can supply both. Most of
Auburn's industrial zoned land suitable for facilities of this type is positioned so
that access to the freeways or Highway 18 does not require traffic through
residential areas.
Our new facility is working well. Usually after completion I start worrying about: what
happens if business is disappointing and my tenant decides to move out. In our case
business has continued to expand beyond initial expectations. While sufficient
warehouse space exists for the future, we are already facing a shortage of container
storage and shipping doors (truck doors). To keep the facility vital, we need to find
nearby land that can be used for container storage during peak season. There is none
nearby that has proper zoning. The same land could be used to construct an additional
shipping facility which will become our next need. A typical building of this sort might
be 125' x 500' and could employ 150-250 people. We could use +/- 10 acres. Under
Auburn zoning codes the type of building we are talking about would most likely classify
as a cross -dock and would only work on M-2 zoning. The storage only works on M-2
zoned land.
We find sufficient supply of M-1 zoned land, but almost no available M-2 zoned large
parcels for either expansion or an even larger parcel for anew company's facility. It
appears that the distinction between M-1 and M-2 zoned land is the focus on noise,
pollution and aesthetics. However the way the code is presently written, we could not do
the UPS building on M -I zoning even though in all respects but container storage, the
facility would be classified under a "light industry" category. Is a UPS type industry the
kind of use you wish to exclude from Auburn's future?
Auburn has a much greater supply of undeveloped M-1 land. Much of Auburn's M-1
shares the access, size and geography (not next to residential) characteristics of the now
developed and absorbed M-2. The challenge is that either we will need to rezone some
M-1 to M-2 or change the storage characteristics of the M-1 code to allow for outside
container storage. The risk is that you will loose what you are best suited to serve, those
companies like UPS.
The economic stakes are high. The market continues to change. I doubt if we would
have had this conversation ten years ago. We might not have it twenty-five years from
now. But the near future is for increasingly more use of container shipping and all of the
activities related to goods handled by container. Manufacturing continues to decline as a
percent of national commerce and thus less likely to be a factor in creation of new jobs
and industries. Your available land will not likely generate economic development from
manufacturing.
I think a compromise solution may lie in increasing the screening requirements or
perhaps in limiting certain kinds of "storage allowed M-1" to areas not adjacent to
residential areas.
I would be happy to discuss this matter with you or members of the Planning Department
or the committee studying this issue.
,A
Bennion
CITY OF
Federal Way
January 27, 2004
viae -mail: smartinnaci.auburn.wa.us
Mr. Sean Martin, AICP
City of Auburn, Planning & Community Development
25 West Main Street
Auburn, WA 98001
Re: File #04100125 -00 -AD; Inquiry on Outdoor Storage in Industrial Zones
Dear Mr. Martin:
This letter provides a response to your January 13, 2004, e-mail inquiry requesting an opinion of
building size based area calculations and, "...any innovative ways of distinguishing between the
permissiveness of outdoor storage" for typical and heavy industrial zones.
The Federal Way City Code (FWCC) contains outdoor storage provisions in several sections as
discussed below. However, in contrast to the City of Auburn, the City of Federal Way has one
industrial related zoning district that provides for both heavy and light industrial uses[ and does
not limit the size of an outdoor storage area within that use. Outdoor use provisions are instead
addressed in a separate outdoor activity and storage section of the FWCC.
The Business Park (BP) zone permits heavy and light industrial types of uses in the City. The
enclosed land use charts provide development regulations for permitted uses within the BP zone.
While there are height and setback requirements for BP zoned uses, the only size limitations
within the BP zone are for office uses.2
As noted above, citywide standards for outdoor activities and storage in commercial and:.
residential zones are identified in FWCC Chapter 22, Article XIII, Division 8, "Outdoor
Activities and Storage." Standards for permitted uses and activities conducted out-of-doors within
commercial zones include site plan requirements, development requirements, gross floor area
calculations, improvements and modifications. Outdoor storage areas are subject to height and
setback requirements, and in some cases count as gross floor area, but there are no size limitations
for an outdoor, activity storage or use. Review of the outdoor activity storage or use is
administrative based on the required review process of the FWCC.
'Business Park (BP) zone, FWCC Sections 22-861 to 22-872
2 FWCC Section 22-872, "Office'
Mr. Sean Martin
Page 2
January 27, 2004
The City has not found the citywide requirements for outdoor activity or storage to impede
development for heavy or light industrial uses, and believes that these requirements, in concert
with landscape standards, help to mitigate impacts of outdoor storage areas, no matter the size or
zone. (True, the City has only processed light industrial uses in the 13 years since incorporation.)
In retrospect, percentage based parameters for outdoor storage uses does seem to be a fair way to
lessen the impacts created by light industrial uses on adjacent non -industrial zoning districts.
I hope that this provides information useful to your analysis. I can be reached at 253-6614103
should you have any questions about this letter or the FWCC.
Sincerely,
Deb Barker, Associate Planner
City of Federal Way
PO Box 9718
Federal Way, WA 98063-9718
enclosures
File M00.100125-00.AD
Doc.l D. 25802
CITY OF.
-
WASHINGTON
(Peter B. Lewis, Mayor
25 West =greet * Auburn WA 98001-4998 * www.ci.autwm.wa.us * 253931-3000
* �
PROPOSED
DETERMINATION OF NON -SIGNIFICANCE
SEP04-0019
DESCRIPTION OF PROPOSAL: Text Amendments to Title 18 of the Auburn City Code (ACC)
entitled, "Zoning% related to outdoor storage and landscapelscreening. Amendments pertain
to ACC Chapter 18.32 (M1, Light Industrial District) and ACC Chapter 18.50 (Landscaping and
Screening).
PROPONENT: City of Auburn Department of Planning & Community Develoament
LOCATION: Amendments pertain primarily to those properties in the City limits zoned M1
(Light Industriao, although certain proposed amendments to the Landscaping
and Screening Chapter (ACC Chapter, 18.50) would apply citywide.
LEAD AGENCY: City of Auburn
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is
available to the public on request.
This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 15
days from the dated issued below. Comments must be submitted by 5:00 P.M. on June 18,
2004.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
ADDRESS:
DATE ISSUED: June 3. 2004
Paul Krauss, AICP
Director of the Department of
Planning & Community Development
25 West Main Street
Auburn, Washingjen?
(253) 931-3090 / / 98
SIGNATURE:
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal will be required to meet all applicable regulations.
AUBURN *MORE THAN YOU IMAGINED
City of Aub rn
Planning Com ission
Outdoor Storage - M1
Light Industrial Zone
June is,166
Zone)
Existing Code Requirements
Outdoor Storage - Allowable amount is tied
to Building Floor Area
• Permitted Use - Up to 10% of Building
Floor Area
• Administrative Use Permit (Staff
Review/Decision) - Up to 30%
• Conditional Use Permit (Hearing Examiner
Recommendation/City Council Decision) -
Up to 50%
(cont.)
• Screening is required for outdoor storage
areas.
• Type and width of screening depends on
adjoining zoning district (generally 5-10
foot in width with Type I landscaping'
(solid screen)).
•zenMaw MerourluMeeep•lrYpe I IMeuah TM M.
Type 11e40 screen, Type IN Vlaual screen, Type M Vluunl bu .
Type N Me Mreuph but"
2003 Comprehensive Plan Amendment
Process
• Amendment request from 'Light Industrial'to *Heavy
Industrial' (446 St. NW -west of Interurban Trail)
• Applicant: Contractor (found Outdoor Storage
requirements of the Mt zone limiting for the proposed
business).
• City Council - Request denied, but directed staff to
review Mt zone Outdoor Storage requirements.
AcG chapter tas2 - Existing Code
Outdoor Storage Location (cont)
• Permitted Use or Administrative! Use -
Outdoor storage is limited to the! rear of
the property and cannot abut a street.
• Conditional Use Permit - Outdoor
storage can be located elsewhere
besides the rear of the property and can
abut a street.
• ACC Chapter 18.32 (Light Industrial
Zone)
is ACC Chapter 18.50 (Landscaping and
Screening)
jUffit Industrial anter 1s a9ll�leht l{,dustrial
Amendments I M District) - Proposed Amendments (cont.)
sAmount - Allowable outdoor storage Is tied to lot
size. Building footprint is no longer a criteria.
(Maximum of 50% of lot may be outdoor
storage).
• Location - Allowed between the rear lot line and
the extension of the front fayade of the building
(Other provisions for comer lots and through
lots.)
• Not allowed in required yards or on vacant lots.
Amendments
"-�-
• Adds provision for screening of outdoor storage
areas adjacent to the Interurban Trail (10 foot
wide Type 1).
• New Section (ACC 18.50.080) - Allows flexibility
for modifying landscape requirements if a
superior design is presented (i.e. Use of existing
vegetation, use of berms)
•MaSdmum Height -15 feet
• Surfacing - Paved or gravel. Currentty, there is
no requirement for paving or gravel surface.
ments
Meeting)
Possible additional performance criteria:
• Outdoor storage shall be supplemental to a
Permitted use on the property.
• Outdoor storage shall consist of supplies,
materials, and/or equipment that are in
working and usable condition. Outdoor
storage of unworkable and/or unusable
equipment, supplies or materials is not
permitted.
MINUTES OF THE PLANNING COMMISSION MEETING JUNE 16.2004
The regular meeting of the Planning Commission was held on June 16, 2004 at 7:00 p.m. in the Council
Chambers of the Auburn City Hall. The regular meeting was preceded by a study session that began at
6:30 p.m. Those in attendance were as follows:
MEMBERS: Dave Peace, Ronald Douglass, Renee Larsen, Yvonne Ward, Kevin Chapman and Joan
Mason
STAFF: Paul Krauss, David Osaki, Jeff Dixon and Patti Zook
The meeting was called to order by Vice Chairman Peace. ##AFT
STUDY SESSION @ 6:30
• Northeast Auburn Special Plan Area
Senior Planner Dixon spoke about the previously distributed material. A handout outlines the planning
process. He explained the overlay designation and reviewed the three alternatives. Seven comment
letters were received in response to the draft EIS. The document was issued February 12, an open house
was held and eight people attended. There was a 30 day comment period and the City received seven
letters. The City of Kent's letter was related to traffic impacts; the Port of Seattle was concerned about
impacts to their property and how development and the road network will impact their property. City heard
from an adjacent property owner regarding impacts to their property and if they would be rezoned or if the
Comprehensive Plan designation would be changed. Another adjacent resident inquired about the cultural
significance of the drive in theater. This was discussed in detail in the draft EIS and the State agreed that
the drive in theater didn't merit particular recognition. Copies of the letters will be provided to the
Commission. Responses to the letters will be in the final EIS which is expected to be issued in July. After
issuance of the final EIS, the City will consider a special area plan to change designations in the
Comprehensive Plan and new zoning for the area to allow mixed uses with a unique zone for this site. He
spoke about a planned action ordinance. A provision of SEPA allows the City to adopt an ordinance to
identify significant adverse impacts and mitigate the impacts so that subsequent developments don't have
to revisit SEPA during phased development.
Senior Planner Dixon advised that there will be three documents for the Commission to act on and the
City will have copies of the documents to the Planning Commission so they can have a work ;session at
the end of July and the public hearing possibly in August. However, this depends on the timing of the final
EIS and the actual issuance of the EIS. Commissioner Ward believes if the public hearing is in August
that everyone is on vacation and this may affect peoples' ability to respond or comment.
Commissioner Chapman noted that the property to the north has an agricultural designation and is there
any concern about the influx of residents in this area. Senior Planner Dixon said that 277'" is the City
limits, the roadway is in the jurisdiction of Kent and the area to the north is in unincorporated King County
and in an agricultural preservation area and will remain farm land. Notices were provided to that property
owner, but no comments were received.
In response to Commissioner Larsen's inquiry, Senior Planner Dixon said that site runoff will be managed
by an on-site facility and is comprehensively addressed in the draft EIS. Planning and Community
Development Director Krauss wants the Commission to keep in mind that the entire site and agricultural
site are in the urban growth line established in King County.
REGULAR MEETING @ 7:00
APPROVAL OF MINUTES OF MAY 4, 2004
Commissioner Ward made a motion, seconded by Commissioner Larsen, to approve the minutes. The
motion passed.
PUBLIC HEARING
�ifAF
• FILE NO.: ZOA04-0001 —Zoning Ordinance Amendment
Amendments to Auburn City Code Chapter 18.32 (M1 Light Industrial District) and ACC Chapter 18.50
(Landscaping and Screening). The amendments relate to outdoor storage requirements of the M1 zone
addressing considerations related to, as examples, the allowable amount of outdoor storage, location on
the property, landscape/screening, height, and surfacing. Amendments to the landscape chapter provide
for screening of outdoor storage areas in situations where it is located adjacent to the Interurban Trail and
provide for more administrative flexibility in situations where a superior landscape design can be
demonstrated.
Community Development Administrator Osaki used a PowerPoint presentation. He reviewed the existing
code requirements for 18.32, Light Industrial zone. He reviewed the existing code requirements for 18.50,
Landscaping/Screening. He explained that the proposal ties the amount of allowable outdoor storage to
lot size; building footprint is no longer a criteria. Storage would be allowed between the rear lot line and
the extension of the front facade of the building; not allowed in required yards or on vacant lots. He
reviewed the proposed amendments for 18.50 and 18.32. He reviewed the Commission's comments from
the May 4 meeting with two additional performance criteria proposed to address the Planning
Commission's concerns.
Commissioner Chapman referred to the 50% of lot size and wondered where the number come from
because if seems to be a discrepancy of the code written now. Community Development Administrator
Osaki said there is a change. The City reviewed codes in different cities and didn't see any ciity tying
outdoor storage exclusively to building size. The City looked at lot sizes in the M1 zone. About 75% of the
property in the M1 zone is four acres or less so they wouldn't have a huge outdoor storage area.
Commissioner Chapman said four acres is a large size and seems like heavy industrial versus light
industrial. Kent has 2/3 which seems like a lot; Olympia has screening; Sumner has 15% percent of the
lot area. 50% seems like a significant amount and he didn't see a similar amount with other cities
mentioned in the packet.
In response to Commissioner Ward inquiry, Community Development Administrator Osaki said that UPS
uses containers to combine rigs on trucks and vehicles. The shipping containers are kept outside and are
moved around. In response to Commissioner Ward inquiry, about what else could be stored, Community
Development Administrator Osaki said that in contractor's yards backhoes could be stored, and with
smaller businesses that manufacture pallets, the pallets would be stored outside.
Commissioner Ward asked about the requirement to pave or gravel the lots. Community Development
Administrator Osaki said that an increase in outdoor storage could result in more vehicles tracking mud to
the right of way and kicking up more dust. Paving or graveling the lots may keep these impacts down. He
believes many of the lots are paved already, but the proposed changes would make paving or gravel a
requirement. City Council will expect a recommendation from the Commission on paving or gravelling
lots.
Vice Chair Peace opened the public hearing.
Rodger Scott, 20405 SE 3W Avenue, said he is one who began this process and understands
Commissioner Chapman's comment about 50%. He would not have containers on his site. He pays
property taxes on the property and 50% is not much and he was actually hoping for more. He will have
backhoes and dump trucks and he doesn't see these as unsightly. He will maintain the property. As it is
now, it is too restrictive. He could live with the proposal, but wants more. Commissioner Chapman
understands that Mr. Scott is a contractor and needs to store equipment. If the proposal comes through,
others can have container storage. 50% of a light industrial area seems like a lot for what could happen.
He doesn't have a problem with the conditional use permit as it is written now, but before the percentage
was based on the size of the building and opening up outdoor storage to 50% of the lot to anyone in the
021
M1 zone is not good. In response to Commissioner Ward comment, Mr. Scott looked at the proposal and
doesn't have a problem with the added language or paving the lot.
George Codiga, 814 44'" Street NW, owns a small trucking company and the property was rezoned in
1980. Property is used for storage and he needs more outdoor storage. Not being able to use his
property is a problem. The changes are good thing and he recommended their approval. Hie stores
rebar, ecology blocks, hauling items, and has been at this location since 1972. He wants to utilize the
property as he is paying big taxes._ In response to inquiries from Commissioner Ward, he said that he
stores items for one to two weeks or six months. All stored items are environmentally friendly. He is
willing to landscape. He doesn't store batteries or oil. None of the stored items damage streams. His
taxes keep going up and he needs to utilize the property. He invited the Commission to visit his site. He
spoke of the need for change.
In response to inquires from Commissioner Chapman and Commissioner Ward, Mr. Codiga provided
more information. He is not parking containers, the site is not a junkyard. He wants to get a return on his
money. He moves the stored items in and out all the time. Commissioner Ward acknowledged PC's
concern about having a tremendous amount of material stored for long periods of time. Mr. Codiga said
his building is 4,000 square feet, the rest of the property is filled or gravel, no landscaping or screening.
However, providing landscaping or fencing would not be a problem.
Commissioner Chapman said that he is not saying people shouldn't be able to use their property. He
gave an example of a child care located in M1 and if 50% of the adjacent site is filled with six to 12 trucks
and trailers and backhoes, the truck noise and loading of materials will have impacts to that adjacent
property. It doesn't seem conducive to have equipment storage next to sensitive uses. No one should be
able to do anything in M1 zone. 50% is not a good idea.
Mr. Codiga spoke again about the PC visiting his site which is not close to sensitive uses. Vice Chair
Peace closed the public hearing.
Commissioner Ward made a motion, to recommend approval of the proposed ordinance with an
amendment by adding item h — that outdoor storage be supplemental to a permitted use on the property;
and adding item I — that outdoor storage consist of supplies, materials, and/or equipment that are in
working and useable condition. Outdoor storage of unworkable and/or unusable equipment, supplies or
materials is not permitted. Commissioner Larsen seconded the motion.
Commissioner Ward spoke of the changing nature of commerce and the need to be flexible. She
respects Commissioner Chapman's concerns. Commissioner Larsen commented that if there is a
restaurant in the area it supplies services to those in the area and is geared to those workers. The day
care services would also be geared to workers in the area.
Vice Chair Peace agrees with the two amendments. Outdoor storage should be related to the business
on site. In response to Vice Chair Peace's inquiry, Community Development Administrator Osaki
remarked that lots not paved or graveled would be grandfathered and not retroactive. If a business
expanded then they would be required for the increment area to be paved or graveled. Vice Chair Peace
believes the requirements for gravel or paving are necessary and important.
In response to Commissioner Mason's inquiry, Community Development Administrator Osaki provided
information about the required landscaping for the expanded area.
Commissioner Chapman stressed that he still feels the same way regardless of the amount of land. 50%
is too much and wants to keep the tier system still in place. He wants to go through the public hearing
process versus just having anyone He spoke about the M1 area on West Main that has residential homes
and the need to keep theses neighborhoods viable. Commissioner Ward believes that Commissioner
Chapman's concerns are valid. The ordinance doesn't move anything the wrong way.
-3-
MINUTES OF THE PLANNING COMMISSION MEETING JUNE 16.2004
Commissioner Chapman said the way the ordinance is written, anyone can store 50% and would be able
to use all of their property provided they go along with the landscaping stipulations. 50% of outdoor
storage is too much without a public hearing. The problem is when doing 50% of land for storage in an
area that is not conducive to such uses. You need to look at where M1 zones are located. He used
downtown as an example. There are too many other permitted uses in the M1 zone.
Vice Chair Peace restated the motion. The motion passed 5-1 with Commissioner Chapman voting no.
DISCUSSION
• Northeast Auburn Special Plan Area
Senior Planner Dixon reminded PC of the upcoming actions and suggested that they have a work session
in advance of the public hearing. In response to Commissioner Ward's inquiry, he advised that public
notification has increased substantially to include the newspapers, City website, land use posting boards,
open houses, and mailing to adjacent property owners.
Senior Planner Dixon said the draft EIS was previously distributed to the Commission. 277'" is in Kent's
jurisdiction and they received the draft EIS and traffic study and met with Kent staff. There will be
controlled access to 277'". Part of the site is in Kent's School District, but no new school is planned in the
area.
ADJOURNMENT
With no further items to come before the Commission the meeting was adjourned at 8:05 p.m.
PCWGNDWIN 06-2004
-4-
ORDINANCE NO.6 8 6 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 18.32.020,
18.32.030, 18.32.040, 18.32.060, 18.50.050 OF AND ADDING A
NEW SECTION 18.50.080 TO THE AUBURN CITY CODE,
RELATING TO ZONING AND LAND USE
WHEREAS, from time to time, amendments to the City of Auburn Zoning Code
are appropriate to update and better reflect the current development needs of the City;
and,
WHEREAS, a need has been identified to review general landscape and
screening requirements, and the outdoor storage requirements of the M1 (Light
Industrial) Zone; and,
WHEREAS, on June 16, 2004, the City of Auburn Planning Commission held a
public hearing on the proposed amendments, took testimony and received comments,
and made a recommendation to City Council; and,
WHEREAS, in accordance with the requirements of the State E=nvironmental
Policy Act (SEPA), the environmental review on the proposal has been completed; and
WHEREAS, the proposal was sent to State agencies for the 60 -day review
period in accordance with RCW 36.70A.106, which review has been completed; and
WHEREAS, the City Council of the City of Auburn considered the Auburn
Planning Commission recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amended City Code Section.
That Section 18.32.020 of the Auburn City Code (M-1 Light Industrial District) is
hereby amended to read as folllows:
18.32.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in an M-1 district shall
only be used for the following, unless otherwise provided for in this title:
A. Building and construction contractor services;
Ordinance No. 5863
July 13, 2004
Page 1
B. Caretaker quarters, not more than one per establishment;
C. Cold storage plants;
D. Household movers and storage;
E. Janitorial services;
F. Job training and vocational rehabilitation;
G. Manufacturing, assembling and packaging of articles, products and
merchandise from previously prepared synthetic or natural materials, including
but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay
(pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur,
glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin,
plastics or resins, precious or semi-precious metals, or stones, putty, pumice,
rubber (excluding tire manufacturing or recapping, assembling of a
premanufactured tread is however permitted), shell, textiles, tobacco, wire, wood,
wool, and yarn;
H. Manufacturing, processing, blending and packaging of the following:
1. Dairy products and by-products such as milk, cream, cheese and butter,
including the processing and bottling of fluid milk and cream,
2. Drugs, pharmaceuticals, toiletries, and cosmetics,
3. Food and kindred products limited to activities such as confectionery
products, bakery products, and beverages bottling,
4. Soaps, detergents, and other household cleaners from previously
prepared natural materials and not involving the use of liquid bleach, liquid
chlorine, liquid ammonia, or caustics;
I. Manufacturing, processing, treating, assembling and packaging of
articles, products or merchandise from previously prepared ferrous, nonferrous or
alloyed metals;
J. Manufacturing establishments engaged in electronic, automotive,
aerospace, missile, airframe, or related manufacturing and assembly activities,
including precision machine shops producing parts, accessories, assemblies,
systems, engines, major components, and whole electronic or electrical devices,
automobiles, aircraft, missiles, aerospace, or underwater vehicles, but
specifically excluding explosive fuels and propellants;
K. Manufacturing, processing, assembling and packaging of precision
components and products, including precision shops for products :such as radio
and television equipment, business machine equipment, home: appliances,
scientific, optical, medical, dental, and drafting instruments, photographic and
optical goods, phonograph records and other recording media, measurement and
control devices, sound equipment and supplies, personal accessories, and
products of similar character;
L. Manufacturing, assembling, packaging and development of computer
equipment and software, and related products;
M. Outside StOFage limited to 10 perGeRt of the finer aran. ie assesiaied
teGated to the
Ordinance No. 5863
July 13, 2004
Page 2
M. Printing, publishing, and allied industries including such processes as
lithography, etching, engraving, binding, blueprinting, photocopying, and film
processing;
ON. Professional offices related to an on-site permitted use or larger than
50,000 square feet of floor area;
012. Research, development and testing of a permitted use;
P7Q. Restaurants and related eating establishments limited to serving a
permitted use on the same site;
QR. Retail and wholesale trade of products manufactured, processed or
assembled on-site;
RS. Warehousing and distribution facilities, to include wholesale trade not
open to the general public. This includes motor freight transportation as an
incidental use but specifically excludes motor freight transportation as the
principal use of the property;
ST. On-site daycare serving specified permitted uses;
TU. On-site recreational facilities serving specified permitted uses;
USF. Other similar uses and accessory uses and buildings appurtenant to a
principal use which the planning director finds compatible with the principal
permitted uses described in this chapter and consistent with the purpose and
intent of the M-1 zone. (Ord. 4910 § 1, 1996; Ord. 4294 § 1(15), 19138; Ord. 4249
§ 1, 1987; Ord. 4229 § 2, 1987.)
Section 2. Amended City Code Section.
That Section 18.32.030 of the Auburn City Code (M-1 Light Industrial District) is
hereby amended to read as folllows:
18.32.030 Uses requiring administrative permits.
The following uses and activities in an M-1 district may be permitted by
means of an administrative permit, issued in accord with ACC 18.64.020(B), if
the development plan of such use is found by the planning director to be
consistent with the purpose of the zone and the related policies of the
comprehensive plan:
A. Auction houses, excluding animals;
B. Automobile service station;
C. Automobile service and repair;
D. Automobile washes;
E. Banks and financial institutions;
F. Convenience grocery stores;
G. Daycare, including mini daycare center, daycare centers, preschools or
nursery schools;
H. Delicatessens and restaurants;
I. Equipment rental and leasing;
Ordinance No. 5863
July 13, 2004
Page 3
J. Health and physical fitness clubs;
K. Horticultural nurseries;
L. Mini -storage warehouses;
supplemental to a
permitted use, is mited to 30 percent of the floor aren ' of t " he gated -building
Nei
NM. Personal service shops;
AN. Professional offices, including corporate headquarters;
Rd Retail sales of the following and similar related products:
1. Computers,
2. Farm and garden supplies,
3. Hardware, including electrical, heating, plumbing, glass, paint,
wallpaper, and related goods,
4. Lumber and building materials,
5. Office supplies and equipment;
PQ. Reupholstery and furniture repair;
QR. Secretarial services;
RS. Small appliance repair. (Ord. 4910 § 1, 1996; Ord. 4.304 § 1(16),
1988; Ord. 4229 § 2, 1987.)
Section 3. Amended City Code Section.
That Section 18.32.040 of the Auburn City Code (M-1 Light Industrial District) is
hereby amended to read as folllows:
18.32.040 Uses requiring conditional use permit.
The following uses may be permitted when a conditional use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Automobile sales new and/or used to include passenger trucks and
recreational vehicles;
B. Automobile and truck rental;
C. Commercial recreation, including animal race tracks;
D. Heliports;
E. Heavy equipment sales, limited to new equipment with used equipment
being a secondary use;
F. Government facilities;
G. Motels;
H. Q_ -Aside 6teFage 9F other nutride ---Pas that aFe meatal to A
building er
HI. Radio and television transmitting towers;
Ordinance No. 5863
July 13, 2004
Page 4
Id. Shopping centers, must involve a minimum of 250,000 square feet of
floor area;
J14. Utility substations, unless clearly incidental and part of a permitted
use. Then the substation shall be permitted outright;
KL. Warehouse sales, open to the public, must have a minimum of 50,000
square feet of floor area;
LM. Religious institutions, to be located in existing facilities only;
MAF. Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government agency,
and meeting the standards established under ACC 18.48.090;
NO. Adult uses;
OR. Secure community transition facilities meeting the standards
established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690 § 1,
2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 § 1(17),
1988; Ord. 4229 § 2, 1987.)
Section 4. Amended City Code Section.
That Section 18.32.060 of the Auburn City Code (M-1 Light Industrial District) is
hereby amended to read as folllows:
18.32.060 Supplemental development standards.
Supplemental development standards in an M-1 district are as follows:
A. All activities shall be conducted entirely within a building except as
follows:
1_1-: -Outdoor storage subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than fifty (50)
percent of the lot.
e. Outdoor storage shall be limited to 15 feet in height.
f. Outdoor storage areas shall be landscaped in accordance with ACC
section 18.50.050.
g Outdoor storage areas shall consist of a hard surface material of either
gravel or paving.
h. Outdoor storage shall be supplemental to a permitted use on the
Property.
Ordinance No. 5863
July 13, 2004
Page 5
i. Outdoor storage shall consist of supplies, materials, andl'or equipment
that are in working and useable condition. Outdoor storage of unworkable and/or
unusable equipment, supplies or materials is not permitted.
PBFFR
aI use permit
fres-shah-be
dust, and ether
related iFnpaGts are GoRtalRed within the sate. Screening and bu ng measures
As, additional
the sierage
area with FegaFd te visibility ftm adjoining StFeets and imp en a0eining
Vis;
2. Gasoline pumps;
3. Refuse containers, provided they are screened from adjoining property
and public or private right-of-way;
4. Horticulture activities;
5. Those uses listed as conditional or administrative use permits which
require some outdoor activity or display.
B. All odors, noise, vibrations, heat, glare, or other emissions are
controlled within the confines of a building unless specifically permitted
elsewhere by this title.
C. No highly combustible, explosive or hazardous materials are permitted,
unless clearly incidental and secondary to a permitted use.
D. Loading and unloading docks that have frontage on a street shall be
required to provide an additional 10 -foot width of Type III landscaping or, in lieu
of the additional 10 -foot width, a Type II landscaping may be provided.
E. 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). (Ord. 4910 § 1, 1996; Ord. 4304 § 1(18), 1988; Ord.
4294 § 3, 1988; Ord. 4229 § 2, 1987.)
Section S. Amended City Code Section.
That Section 18.50.050 of the Auburn City Code (Landscaping and Screening) is
hereby amended to read as folllows:
18.50.050 Regulations by zone.
A. R -R, R -S, LHRS, R-1, LHR1, R-2, LHR2, R-3, and LHR3 Districts.
Landscaping shall only be required in conjunction with a conditional use permit.
The type and amount to be determined at that time the CUP is approved.
B. R-4 and LHR4 Districts.
Ordinance No. 5863
July 13, 2004
Page 6
1. Street frontage: five-foot width of Type III;
2. Adjacent to R -R, R -S, LHRS, R-1, LHR1, R-2, or LHR2 atone: five-foot
width of Type III, adjacent parking or driveways will require a five-foot width of
Type II;
3. Adjacent to R-3 or LHR3 zone: five-foot width of Type IV, adjacent
parking or driveways will require a five-foot width of Type III.
C. RO and RO-H Districts.
1. Street frontage: 10 -foot width of Type III;
2. Adjacent to R -R, R -S, R-1, R-2, or R-3 zone: 10 -foot width of Type 111,
adjacent parking or driveways will require a 10 -foot width of Type II;
3. Adjacent to R-4, R -MHP: five-foot width of Type IV, adjacent parking or
driveways will require a five-foot width of Type III.
D. 1, LHI, C-1, LHC1, C-2, C -N, P-1, and LHP1 Districts.
1. Street frontage: five-foot width of Type III, no street frontage
landscaping is required for the C-2 zone except for parking lots and as may be
required by ACC 18.28.050(F);
2. Adjacent to R -R, R -S, LHRS, R-1, LHR1, R-2, LHR2, R-3, or LHR3
zone: five-foot width of Type II, adjacent parking or driveways will require a five-
foot width of Type l;
3. Adjacent to R-4, LHR4, RO, RO-H, R -MHP, or LHRMHP zone: five-foot
width of Type 111, adjacent parking or driveways will require a five-foot width of
Type IL
E. C-3, LF Districts.
1. Street frontage: five-foot width of Type 111;
2. Adjacent to R -R, R -S, R-1, R-2, or R-3 zone: 10 -foot width of Type 11,
adjacent parking or driveways will require a 10 -foot width of Type I;
3. Adjacent to R-4, RO, RO-H or R -MHP zone: 10 -foot width of Type III,
adjacent parking or driveways will require a 10 -foot width of Type II;
4. Outdoor storage yards adjacent to any C, P, I or M-1 zone.
F. M-1 District.
1. Street frontage: 10 -foot width of Type III, an additional 10 -foot width will
be required when loading and unloading docks face a street. In lieu of the
additional 10 -foot width of Type Ill landscaping, a Type 11 landscaping may be
provided;
2. Adjacent to any R zone: 10 -foot width of Type I;
3. Adjacent to I, C-1, C-2, P-1, or C -N zone: 10 -foot width of Type ll,
adjacent outdoor storage yards will require a 10 -foot width of Type 1,;
4. Adjacent to C-3, LF zone: 10 -foot width of Type I11, adjacent outdoor
storage yards will require a 10 -foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a 10 -
foot width of Type III landscaping shall be placed next to the building;
6. Outdoor storage yards adjacent to other M-1 zoned property shall have
a minimum width of a five-foot Type I landscaping.
Ordinance No. 5863
July 13, 2004
Page 7
7. Adjacent to the Interurban Trail. Outdoor storage yards adjacent to the
Interurban Trail (regrdless of the zoning of the Interurban Trail) shall have a
minimum 10 foot width of Type 1 landscaping.
G. M-2 District.
1. Street frontage: 10 -foot width of Type III;
2. Adjacent to any R zone: 30 -foot width of Type I;
3. Adjacent to I, C-1, C-2, P-1, or C -N zone: 10 -foot width of Type II,
adjacent outdoor storage yards will require a 10 -foot width of Type I;
4. Adjacent to C-3, or LF zone: 10 -foot width of Type ll, adjacent outdoor
storage yards will require a 10 -foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a 10 -
foot width of Type II landscaping shall be placed next to the building.
H. BP District. The amount and type of landscaping shall be determined at
the time of the approval of the business park. The landscaping requirements
shall however be guided by the M-1 requirements and a minimum of 15 percent
of the business park shall be landscaped. (Ord. 5342 § 2, 2000; Ord. 4914 § 1,
1996; Ord. 4304 § 1(36) — (39), 1988; Ord. 4229 § 2, 1987.)
Section 6. Amended City Code Section.
That a new Section 18.50.080 of the Auburn City Code (Landscaping and
Screening) is hereby created to read as folllows:
all of the landscaping requirements if the applicant proposes an alternative
method of landscaping that would achieve the intent and purpose of the
Section 7. Constitutionality or Invalidity.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance
adopted herein,. is for any reason held invalid or unconstitutional by any Court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
portions thereof.
Ordinance No. 5863
July 13, 2004
Page 8
Section 8. Implementation.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the direction of this legislation.
Section 9. 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:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
Ordinance No. 5863
July 13, 2004
Page 9
EXHIBIT A
Chapter 18.32
M-1 LIGHT INDUSTRIAL DISTRICT
Sections:
18.32.010 Intent.
18.32.020 Permitted uses.
18.32.030 Uses requiring administrative permits.
18.32.040 Uses requiring conditional use permit.
18.32.050 Development standards.
18.32.060 Supplemental development standards.
18.32.010 Intent.
The purpose of the M-1 zone is to accommodate a variety of industrial
uses in an industrial park environment, to preserve land for light industrial
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 nonnuisance in terms of air and water pollution, noise, vibration,
glare or odor. The light industrial character of this zone is intended to
address the way in which industrial uses are carried out rather than the
actual types of products made.
The light industrial character will limit the amount of industrial activities
and other uses which may be conducted outside of enclosed buildings.
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.
While the majority of the M-1 zone is intended for light industrial uses
there may be some commercial uses permitted if the use enhances the
quality of the area and does not disrupt the continuity of the industrial
uses. Regional shopping centers and commercial recreation may also be
permitted if they are found to be appropriate and consistent with the
comprehensive plan.
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 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. (Ord. 4910 §
1, 1996; Ord. 4229 § 2, 1987.)
18.32.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in an M-1 district
shall only be used for the following, unless otherwise provided for in this
title:
A. Building and construction contractor services;
B. Caretaker quarters, not more than one per establishment;
Outdoor Storage (M1 zone)
Proposed Amendments
C. Cold storage plants;
D. Household movers and storage;
E. Janitorial services;
F. Job training and vocational rehabilitation;
G. Manufacturing, assembling and packaging of articles, products and
merchandise from previously prepared synthetic or natural materials,
including but not limited to bristles, canvas, cellophane, and similar
synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth,
cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite,
hair, horn, leather, paper, paraffin, plastics or resins, precious or semi-
precious metals, or stones, putty, pumice, rubber (excluding tire
manufacturing or recapping, assembling of a premanufactured tread is
however permitted), shell, textiles, tobacco, wire, wood, wool, and yarn;
H. Manufacturing, processing, blending and packaging of the following:
1. Dairy products and by-products such as milk, cream, cheese and
butter, including the processing and bottling of fluid milk and cream,
2. Drugs, pharmaceuticals, toiletries, and cosmetics,
3. Food and kindred products limited to activities such as
confectionery products, bakery products, and beverages bottling,
4. Soaps, detergents, and other household cleaners from previously
prepared natural materials and not involving the use of liquid bleach, liquid
chlorine, liquid ammonia, or caustics;
I. Manufacturing, processing, treating, assembling and packaging of
articles, products or merchandise from previously prepared ferrous,
nonferrous or alloyed metals;
J. Manufacturing establishments engaged in electronic, automotive,
aerospace, missile, airframe, or related manufacturing and assembly
activities, including precision machine shops producing parts, accessories,
assemblies, systems, engines, major components, and whole electronic or
electrical devices, automobiles, aircraft, missiles, aerospace, or
underwater vehicles, but specifically excluding explosive fuels and
propellants;
K. Manufacturing, processing, assembling and packaging of precision
components and products, including precision shops for products such as
radio and television equipment, business machine equipment, home
appliances, scientific, optical, medical, dental, and drafting instruments,
photographic and optical goods, phonograph records and other recording
media, measurement and control devices, sound equipment and supplies,
personal accessories, and products of similar character;
L. Manufacturing, assembling, packaging and development of computer
equipment and software, and related products;
4he
ass-edated- build-ing provided the storage is suppleMeRtal to the pe
tted
arad
2
MN. Printing, publishing, and allied industries including such processes
as lithography, etching, engraving, binding, blueprinting, photocopying,
and film processing;
AN. Professional offices related to an on-site permitted use or larger
than 50,000 square feet of floor area;
OR. Research, development and testing of a permitted use;
PQ. Restaurants and related eating establishments limited to serving a
permitted use on the same site;
QR. Retail and wholesale trade of products manufactured, processed or
assembled on-site;
RS. Warehousing and distribution facilities, to include wholesale trade
not open to the general public. This includes motor freight transportation
as an incidental use but specifically excludes motor freight transportation
as the principal use of the property;
ST. On-site daycare serving specified permitted uses;
T9. On-site recreational facilities serving specified permitted uses;
UV. Other similar uses and accessory uses and buildings appurtenant
to a principal use which the planning director finds compatible with the
principal permitted uses described in this chapter and consistent with the
purpose and intent of the M-1 zone. (Ord. 4910 § 1, 1996; Ord. 4294 §
1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.)
18.32.030 Uses requiring administrative permits.
The following uses and activities in an M-1 district may be permitted by
means of an administrative permit, issued in accord with ACC
18.64.020(B), if the development plan of such use is found by the planning
director to be consistent with the purpose of the zone and the related
policies of the comprehensive plan:
A. Auction houses, excluding animals;
B. Automobile service station;
C. Automobile service and repair;
D. Automobile washes;
E. Banks and financial institutions;
F. Convenience grocery stores;
G. Daycare, including mini daycare center, daycare centers, preschools
or nursery schools;
H. Delicatessens and restaurants;
I. Equipment rental and leasing;
J. Health and physical fitness clubs;
K. Horticultural nurseries;
L. Mini -storage warehouses;
M. Outside steFage or other Outside user that are e -a
'tied
ees
NM. Personal service shops;
ON. Professional offices, including corporate headquarters;
RQ. Retail sales of the following and similar related products:
1. Computers,
2. Farm and garden supplies,
3. Hardware, including electrical, heating, plumbing, glass, paint,
wallpaper, and related goods,
4. Lumber and building materials,
5. Office supplies and equipment;
PQ. Reupholstery and furniture repair;
QR. Secretarial services;
RS. Small appliance repair. (Ord. 4910 § 1, 1996; Ord. 4304 § 1(16),
1988; Ord. 4229 § 2, 1987.)
18.32.040 Uses requiring conditional use permit.
The following uses may be permitted when a conditional use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Automobile sales new and/or used to include passenger trucks and
recreational vehicles;
B. Automobile and truck rental;
C. Commercial recreation, including animal race tracks;
D. Heliports;
E. Heavy equipment sales, limited to new equipment with used
equipment being a secondary use;
F. Government facilities;
G. Motels;
H. Outside 6tGFage OF 9th9F outside uses that are e—a
peffnifted use, I'mited to 50 peFGeRt of the f'99F aFea of the ass
rted
Hi. Radio and television transmitting towers;
Id. Shopping centers, must involve a minimum of 250,000 square feet of
floor area;
Ji4. Utility substations, unless clearly incidental and part of a permitted
use. Then the substation shall be permitted outright;
KL. Warehouse sales, open to the public, must have a minimum of
50,000 square feet of floor area;
LNi. Religious institutions, to be located in existing facilities only;
MN. Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government
agency, and meeting the standards established under ACC 18.48.090;
NO. Adult uses;
OR. Secure community transition facilities meeting the standards
established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690
§ 1, 2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 §
1(17), 1988; Ord. 4229 § 2, 1987.)
4
18.32.050 Development standards.
Development standards in an M-1 district are as follows:
A. Minimum lot area: none required;
B. Minimum lot width: none required;
C. Minimum lot depth: none required;
D. Maximum lot coverage: none required;
E. Maximum building height: 45 feet. Structures may exceed 45 feet if
one additional foot of setback is provided for each foot the structure
exceeds 45 feet;
F. Minimum yard setbacks:
1. Front: 20 feet,
2. Side, interior: none required,
3. Side, street: 20 feet,
4. Rear: none required;
An additional 30 feet of setback shall be required for any and each yard
that abuts, adjoins, or is separated, by a street less than 50 feet in width,
from any residentially zoned property. This additional setback requirement
also applies to residentially zoned property that is unincorporated county
land;
G. Fences and hedges: see Chapter 18.48 ACC;
H. Parking: see Chapter 18.52 ACC;
I. Landscaping: see Chapter 18.50 ACC;
J. Signs: see Chapter 18.56 ACC;
K. Performance standards: see Chapter 18.58 ACC. (Ord. 4910 § 1,
1996; Ord. 4304 § 1(19), 1988; Ord. 4229 § 2, 1987.)
18.32.060 Supplemental development standards.
Supplemental development standards in an M-1 district are as follows:
A. All activities shall be conducted entirely within a building except: as
follows:
1_4—Outdoor storage subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater
than fifty (50) 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 would be 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 vacant lots.
accordance with ACC section 18.50.050.
g. Outdoor storage areas shall consist of a hard surface
material of either gravel or paving.
h. Outdoor storage shall be supplemental to a permitted use on
the property.
i. Outdoor storage shall consist of supplies materials,
and/or equipment that are in working and useable
condition. Outdoor storage of unworkable and/or
unusable equipment. supplies or materials is not
permitted.
use
4Rg
site:
f to
,
IiFnita OR
2. Gasoline pumps;
3. Refuse containers, provided they are screened from adjoining
property and public or private right-of-way;
4. Horticulture activities;
5. Those uses listed as conditional or administrative use permits
which require some outdoor activity or display.
B. All odors, noise, vibrations, heat, glare, or other emissions are
controlled within the confines of a building unless specifically permitted
elsewhere by this title.
C. No highly combustible, explosive or hazardous materials are
permitted, unless clearly incidental and secondary to a permitted use.
D. Loading and unloading docks that have frontage on a street shall be
required to provide an additional 10 -foot width of Type 111 landscaping or,
in lieu of the additional 10 -foot width, a Type II landscaping may, be
provided.
E. 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). (Ord. 4910 § 1, 1996; Ord.
4304 § 1(18), 1988; Ord. 4294 § 3, 1988; Ord. 4229 § 2, 1987.)
Chapter 18.50
LANDSCAPING AND SCREENING
Sections:
18.50.010 Intent.
18.50.020 Scope.
18.50.030 Definitions.
18.50.040 Types of landscaping.
18.50.050 Regulations by zone.
18.50.060 General landscape requirements.
18.50.070 Landscape maintenance requirements.
18.50.080 Modification of landscaping requirements.
18.50.010 Intent.
The intent of this chapter is to provide minimum landscaping and
screening requirements in order to maintain and protect property values,
to enhance the city's appearance, to visually unify the city and its
neighborhoods, to improve the character of certain areas of the city, to
reduce erosion and storm water runoff, and to maintain or replace existing
vegetation and to prevent and abate public nuisances. (Ord. 4914 § 1,
1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
18.50.020 Scope.
A. This chapter applies to all uses and activities developed in the city
excluding single-family and duplex units on individual lots.
B. When additions, alterations, or repairs of any existing building or
structure exceed 50 percent of the value of the building or structure, or a
residential use is converted to a nonresidential use, then such building or
structure shall be considered to be a new use and landscaping provided
accordingly; provided, that if any existing foundation or fence layout
precludes full compliance herewith, then the landscaping requirements
may be modified by the planning director. (Ord. 4914 § 1, 1996; Ord. 4304
§ 1(33), 1988; Ord. 4229 § 2, 1987.)
18.50.030 Definitions.
For the purpose of this chapter, the following terms shall have the
following meanings:
A. "Deciduous trees" are a minimum of one and one-half to two inches
in diameter at the time of planting;
B. "Evergreen trees" are a minimum of four to six feet in height at the
time of planting and may include either broadleaf or conifer;
C. "Groundcover" means low evergreen or deciduous plantings planted
at three-foot spacing, in all directions;
rl
D. "Shrubs" are a minimum of 18 to 24 inches in height, or two gallons,
at the time of planting;
E. "Significant trees" means a healthy evergreen tree, six inches or
more in diameter measured four feet above grade; or a healthy deciduous
tree four inches or more in diameter measured four feet above grade. The
planning director may authorize the exclusion of any significant tree which
for the reason of public health, safety or reasonable site development is
not desirable to maintain. (Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
18.50.040 Types of landscaping.
A. Type I — Solid Screen. Type I landscaping is intended to provide a
significant sight barrier to separate incompatible uses. Type I landscaping
shall consist of evergreen trees or tall shrubs, a minimum of six feet in
height at the time of planting, which will provide a 100 percent sight -
obscuring screen within three years from the time of planting; or a
combination of evergreen trees or deciduous trees, planted 20 feet on
center with no more than 30 percent being deciduous and backed by a
100 percent sight -obscuring fence. In addition to the trees, shrubs shall be
planted at four -foot spacing, in all directions, and groundcover provided.
B. Type II — Visual Screen. Type II landscaping is intended to create a
visual separation between different uses or zones. Type II landscaping
shall consist of evergreen and deciduous trees, with no more than 50
percent being deciduous, planted 20 feet on center. In addition to the
trees, shrubs shall be planted at three-foot spacing, in all directions, and
groundcover provided.
C. Type III — Visual Buffer. Type III landscaping is intended to provide a
visual separation of uses from the street and the visual separation of
compatible uses. Type III landscaping shall consist of evergreen and
deciduous trees, with no more than 75 percent being deciduous, planted
30 feet on center. In addition to the trees, shrubs shall be planted at four -
foot spacing in all directions, and groundcover provided.
D. Type IV — See -Through Buffer. Type IV landscaping is intended to
provide a visual relief between compatible uses. Type IV landscaping shall
consist of deciduous trees, planted 30 feet on center, shrubs planted at
four -foot spacing, in all directions, and groundcover provided. (Ord. 49'14 §
1, 1996; Ord. 4304 § 1(34), (35), 1988; Ord. 4229 § 2, 1987.)
18.50.050 Regulations by zone.
A. R -R, R -S, LHRS, R-1, LHR1, R-2, LHR2, R-3, and LHR3 Districts.
Landscaping shall only be required in conjunction with a conditional use
permit. The type and amount to be determined at that time the CUP is
approved.
B. R-4 and LHR4 Districts.
1. Street frontage: five-foot width of Type III;
8
2. Adjacent to R -R, R -S, LHRS, R-1, LHR1, R-2, or LHR2 zone: five-
foot width of Type III, adjacent parking or driveways will require a five-foot
width of Type II;
3. Adjacent to R-3 or LHR3 zone: five-foot width of Type IV, adjacent
parking or driveways will require a five-foot width of Type III.
C. RO and RO-H Districts.
1. Street frontage: 10 -foot width of Type III;
2. Adjacent to R -R, R -S, R-1, R-2, or R-3 zone: 10 -foot width of Type
III, adjacent parking or driveways will require a 10 -foot width of Type II;
3. Adjacent to R-4, R -MHP: five-foot width of Type IV, adjacent
parking or driveways will require a five-foot width of Type III.
D. I, LHI, C-1, LHC1, C-2, C -N, P-1, and LHP1 Districts.
1. Street frontage: five-foot width of Type III, no street frontage
landscaping is required for the C-2 zone except for parking lots and as
may be required by ACC 18.28.050(F);
2. Adjacent to R -R, R -S, LHRS, R-1, LHR1, R-2, LHR2, R-3, or LHR3
zone: five-foot width of Type II, adjacent parking or driveways will require
a five-foot width of Type I;
3. Adjacent to R-4, LHR4, RO, RO-H, R -MHP, or LHRMHP zone:
five-foot width of Type III, adjacent parking or driveways will require a five-
foot width of Type II.
E. C-3, LF Districts.
1. Street frontage: five-foot width of Type III;
2. Adjacent to R -R, R -S, R-1, R-2, or R-3 zone: 10 -foot width of Type
II, adjacent parking or driveways will require a 10 -foot width of Type I;
3. Adjacent to R-4, RO, RO-H or R -MHP zone: 10 -foot width of Type
III, adjacent parking or driveways will require a 10 -foot width of Type II;
4. Outdoor storage yards adjacent to any C, P, I or M-1 zone.
F. M-1 District.
1. Street frontage: 10 -foot width of Type III, an additional 10 -foot
width will be required when loading and unloading docks face a street. In
lieu of the additional 10 -foot width of Type III landscaping, a Type II
landscaping may be provided;
2. Adjacent to any R zone: 10 -foot width of Type I;
3. Adjacent to I, C-1, C-2, P-1, or C -N zone: 10 -foot width of Type II,
adjacent outdoor storage yards will require a 10 -foot width of Type I;
4. Adjacent to C-3, LF zone: 10 -foot width of Type III, adjacent
outdoor storage yards will require a 10 -foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a
10 -foot width of Type III landscaping shall be placed next to the building;
6. Outdoor storage yards adjacent to other M-1 zoned property shall
have a minimum width of a five-foot Type I landscaping.
have a minimum 10 foot width of Type 1 landscaping.
G. M-2 District.
1. Street frontage: 10 -foot width of Type III;
2. Adjacent to any R zone: 30 -foot width of Type I;
3. Adjacent to I, C-1, C-2, P-1, or C -N zone: 10 -foot width of Type II,
adjacent outdoor storage yards will require a 10 -foot width of Type I;
4. Adjacent to C-3, or LF zone: 10 -foot width of Type II, adjacent
outdoor storage yards will require a 10 -foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a
10 -foot width of Type II landscaping shall be placed next to the building.
H. BP District. The amount and type of landscaping shall be determined
at the time of the approval of the business park. The landscaping
requirements shall however be guided by the M-1 requirements and a
minimum of 15 percent of the business park shall be landscaped. (Ord.
5342 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) — (39), 1988; Ord.
4229 § 2, 1987.)
18.50.060 General landscape requirements.
A. Application. A landscape plan shall be required and shall be
accurately drawn using an appropriate engineering scale and shall
illustrate the following:
1. Adjacent streets, public and private;
2. Boundaries and dimensions of site;
3. Location of on-site buildings;
4. Location of on-site parking areas;
5. Location and size of landscape areas;
6. Location, species and size of planting materials;
7. Location of outdoor storage areas;
8. Location of significant trees;
9. Location of water source(s).
B. Driveways and Pedestrian Walkways. Landscaping is generally
required along all street frontages with the exception of driveways and
pedestrian walkways within the property.
C. Fences. When fences and landscaping are required along the
property line, the fence shall be set back of the landscaping if the fence
abuts a street, so as to not obscure such landscaping. At other property
lines the landscaping shall be located to serve the greatest public benefit.
D. Irrigation. No portion of any landscaped area shall be located further
away than 50 feet from a source of water adequate to irrigate the
landscaping.
E. Lawn Substitution. Sodded lawn may be substituted for the required
shrubs or ground cover but all portions of the lawn area must be served by
an automatic irrigation system.
F. Maintenance.
1. The property owner shall be responsible for replacing any
unhealthy or dead plants for a period of two years after the initial planting.
2. The building official shall require a maintenance assurance device
for a period of one year from the completion of planting in order to ensure
Ito]
compliance with the requirements of this section. The value of the
maintenance assurance device shall equal at least 50 percent of the total
landscape materials.
3. If the landscaping is not being properly maintained, the property
owner shall be so notified by the city. If after 30 days from the city's
notification the landscaping is still not being maintained then the
maintenance device may be used by the city to perform any type of
maintenance necessary to insure compliance with this chapter.
4. The maintenance assurance device shall be accompanied by an
agreement granting the city and its agents the right to enter the property
and perform any necessary work. The agreement shall also hold the city
harmless from all claims and expenses, including attorney's fees.
5. Upon completion of the one-year maintenance period, and if
maintenance has not been performed by the city, the city shall release the
maintenance assurance device.
G. Outdoor Storage. Outdoor storage yards that are visible from a street
or are adjacent to residentially zoned property shall be screened by a
minimum of a five-foot width of Type I landscaping. Additional width [nay
be required to comply with ACC 18.50.050.
H. Parking Lots.
1. A planter area shall be required along the entire street frontage(s),
except driveways and walkways; provided, that no sight obscuring plants
will be allowed whenever safe sight clearance is necessary for ingress and
egress from a public street. The width of the planter area shall be as
required in ACC 18.50.050(A) through (H) for street frontages;
2. All lots with more than 12 spaces, a 100 -square -foot planter area
shall be required at the end of each single row of parking, but in no case
shall there be more than 10 parking spaces between any required planter
area. The location of the planter area may be varied upon evidence
submitted which shows that the intent of the landscaping requirements
have not been lessened. Any variation must receive planning director
approval;
3. Each planter area shall contain at least one tree, a minimum of
one and one-half to two inches in caliper. For planter areas in excess of
30 feet in length, more trees are required and shall be spaced not further
than 30 feet apart;
4. Each planter area shall contain shrubs, spaced three feet on
center, and be a minimum of one gallon in size;
5. Residential parking lots with five or less spaces, and nonresidential
parking lots, with three or less spaces, shall be exempt from the parking
lot landscape requirements.
I. Performance Assurance.
1. The required landscaping must be installed prior to the issuance of
the certificate of occupancy unless the building official determines that a
performance assurance device will adequately protect the interests of the
city;
11
2. The performance assurance device shall only be valid for a 120 -
day period and shall have a value of 100 percent of the estimated cost of
the landscaping to be performed. If the landscaping has not been installed
after the 120 days then the assurance device may be used by the city to
perform any necessary work to implement the landscape plan;
3. The performance assurance device shall be accompanied by an
agreement granting the city and its agents the right to enter the property
and perform work. The agreement shall also hold the city harmless from
all claims and expenses, including attorney's fees;
4. Upon completion of the required landscaping by the property
owner the city shall release the performance assurance device.
J. Private Property. All required landscaping shall be located entirely on
private property. When landscaping is required to separate adjacent uses,
the landscaping shall run the full length of the adjacent property.
K. Sight Hazards. The building official and/or city engineer may review
and modify landscape plans which may affect visibility for ingress, or
egress, corner lots or other intersections. Any reduction of landscaping
shall be made up elsewhere on-site.
L. Significant Trees. All significant trees, as defined by ACC
18.50.030(E), shall be retained and made part of the landscape plan.
M. Species. The applicant shall utilize plant materials which
complement the natural character of the Pacific Northwest.
N. Landscaped Berms. In addition to the minimum landscape
requirements of ACC 18.50.050, landscaped berms may be required to
mitigate any impacts associated with a specific project. The berms may be
applied through an administrative or conditional use permit, contract
rezone, or as a condition associated with a mitigated determination of
nonsignificance or environmental impact statement. The minimum height
of the earth creating the berm shall be three feet and have a slope: no
greater than two -foot horizontal to one -foot vertical. (Ord. 4914 § 1, 1996;
Ord. 4229 § 2, 1987.)
18.60.070 Landscape maintenance requirements.
A. Landscaping, including trees, shrubs, groundcover, or grass, planted as a
requirement pursuant to this Title, Title 16 or Title 17 shall be maintained in a
healthy, living condition. Pruning of trees or shrubs shall be for the purpose of
maintaining the tree or shrub in a healthy growing condition, and shall not
adversely affect the healthy living condition of the plant or excessively damage
the natural growing process.
B. Violation of these provisions shall be processed in accordance with the
procedures defined under Auburn City Code (ACC) Chapter 1.25. The property
owner or designee responsible for correcting the violation shall provide a
corrective action plan that defines how and when the infraction will be corrected
within the time provisions defined by Auburn City Code 1.25.
C. The corrective action plan shall be subject to the following replacement ratios:
12
1. For plants that have died, replacement vegetation shall be at least 150%
of the planting size required of the subject plant material at the time of
planting. The plants shall be of the same or similar species to those
plants being replaced, unless alternate species are approved by the
Planning Director.
2. For trees or shrubs that have been excessively pruned, replacement
vegetation shall be at least 200% of the size of the tree or shrub that was
required by City regulations at the time of planting. The trees or shrubs
shall be of the same or similar species of the plants being replaced, unless
alternate species are approved by the Planning Director.
D. Pruning of trees or shrubs done to alleviate documented public health and safety
is permissible and shall not be considered a civil violation; provided that
documentation is provided to the city that a public health or safety concern exists.
E. The property owner or designee shall correct the infraction or provide a schedule
that defines how and when the infraction will be corrected within the time
provisions defined by Auburn City Code 1.25.
landscaping requirements if the applicant proposes an alternative method of
landscaping that would achieve the intent and purpose of the landscaping required in
this chapter and which in the opinion of the director, provides a superior level of
buffering/screening. Alternative landscaping techniques may include the use of native
vegetation existing on site, the use of berms or increasing perimeter landscape width in
strategic locations.
13