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Home My WebLink About05-01-2006 ITEM VIII-A-4CITY F AUOBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Proposed Zoning Code Amendment (ACC Chapters Date: 18.04 and 18.52) related to Off -Street Parking of Commercial Vehicles in April 26, 2006 Residential Zones ZOA05-0002 Department: Planning, Attachments: Ordinance No. 6019, Budget Impact: NA Building and Community SEPA DNS; Comment letters Administrative Recommendation: City Council introduce and adopt Ordinance No.6019. Background Summary: Under direction from the Planning and Community Development Committee last fall, the City began working to develop a code provision to address off-street parking of commercial vehicles in residential zones within the City of Auburn. This followed City Council adoption of Ordinance No. 5943 which prohibits parking of oversized or commercial vehicles on residential streets. A draft code addressing the parking of commercial vehicles on residential property (as opposed to the public right-of-way) was brought before the Planning & Community Development Committee and Planning Commission for discussion. On February 7th and March 7, 2006, the Planning Commission held a public hearing on proposed regulations to the Auburn zoning code related to off-street parking of commercial vehicles in certain residential zoning districts. Two comment letters were received, one questioned the fairness of targeting a specific sector of the population and the other contained suggestions for broadening the types of vehicles affected. During the two public hearings a total of four people testified. Two residents affected by commercial vehicles parked in their neighborhood testified at both hearings, in adamant support of the code amendment. Another resident provided information regarding different classes of vehicles and inquired about the scope of the proposed regulation. The last individual was an independent truck driver who testified against the code amendment and provided a local driver's perspective. At the April 4, 2006 meeting the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendment. L0501-5 01.8 eviewed by Poyncil & Committees: eviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Z Planning & CD Park Fire Z Planning Board Public Works Legal Police Planning Comm. Other LJ Public Works LJ Human Resources Action: o�ittee Approval: Yes No Council Approval: BYesLNo Call for Public Hearing _I_I Referred to Until / Tabled Until— T T Councilmember: Norman Staff: Krauss Meeting Date: May 1, 2006 Item Number: VIII.A.4 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Proposed Zoning Code Amendment (ZOA05-0002) Date: April 26, 2006 FINDINGS OF FACT: 1. Title 18 of the Auburn City Code (ACC), related to zoning, includes Chapter 18.52 entitled "Off -Street Parking and Loading". ACC Chapter 18.52 provides for the regulation of off-street parking of vehicles in the City of Auburn. 2. There currently are no restrictions that prohibit the parking of commercial vehicles on residential property; therefore, there is little that can be done to address complaints received by City Code Enforcement staff on this issue. Code enforcement staff has noted that they receive these complaints about once a month. 3. Surrounding jurisdictions either currently address this issue in their municipal codes or are amending their code to do so. Recent concern about the impacts of such vehicles in residential areas has resulted from the Spring 2005 closure of the Flying J truck stop in Federal Way. 4. The proposed amendment would add a new definition to the zoning code for "commercial vehicle" as follows. "18.04.245 Commercial vehicle. "Commercial vehicle" means semi -truck tractors and/or semi -trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. This definition is specific to semi -truck tractors and semi -trailers, and does not include other oversized vehicles such as Recreational Vehicles. The Planning Commission included a weight limit in the definition to further define what a commercial vehicle is, in accordance with the state of Washington (see finding #5 below). 5. The Revised Code of Washington (RCW) and Washington Administrative Code (WAC) include several definitions of "commercial vehicle", including: RCW 46.25.010 Definitions. The definitions set forth in this section apply throughout this chapter. (6) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property: (a) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds; 6. The proposed amendment would add a new section to the off-street parking chapter (ACC Section 18.52.065) of the zoning code restricting parking of commercial vehicles in certain residential zones. Specifically, the proposed amendment would prohibit the parking of a commercial vehicle on any property within the following zoning districts: R1, R2, LHR1, and LHR2 Single Family Residential, R3 Duplex Residential, R4 and LHR4 Multiple Family Residential, and PUD Planned Unit Development. 7. A provision originally included as part of the code amendment would have allowed parking of a commercial vehicle if it was stored within a building or otherwise screened so as not to be visible from another property or from any public right-of-way. This component is no longer being recommended because it would be difficult to enforce. 8. This code amendment would not apply in residential zones with larger minimum lot sizes such as the Rural Residential (RR, minimum lot size of four acres) and Single -Family Residential (RS, minimum lot size of 35,000 square feet). Neighborhoods consisting of these larger pieces of property are not as affected by impacts associated with commercial vehicles, including safety issues, noise, odor, and aesthetics. Page 2 of 3 Agenda Subject: Proposed Zoning Code Amendment (ZOA05-0002) Date: April 26, 2006 9. A final SEPA Determination of Non -Significance (DNS) was issued on the proposed code amendment (attached) on February 16, 2006. 10. On January 31, 2006, notice of the proposed code amendment was provided to the Washington State Department of Community, Trade and Economic Development and other State agencies, pursuant to RCW 36.70A.106. No comments have been received from any agency as of this date. Page 3 of 3 ORDINANCE NO. 6019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING NEW SECTIONS 18.04.245 AND 18.52.065 OF THE AUBURN CITY CODE RELATING TO COMMERCIAL VEHICLES WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and, WHEREAS, a need has been identified to better address off-street parking of commercial vehicles in residential zones; and, WHEREAS, following public notice, the City of Auburn Planning Commission held two public hearings, one on February 7, 2006 and another on March 7, 2006, on proposed code amendments regarding off-street parking of commercial vehicles in residential zones; and WHEREAS, after fully considering the testimony and information presented at the public hearings, on April 4, 2006, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and, WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and, WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA), with a final determination of non -significance (DNS) issued February 16, 2006; and, WHEREAS, the City Council finds that the proposal was received by State agencies for the 60 -day review period on January 31, 2006, also in accordance with state law, RCW 36.70A.106. ----------------- Ordinance No. 6019 April 24, 2006 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One CREATION OF NEW SECTION TO CITY CODE. A new Section 18.04.245 of the Auburn City Code is hereby created to read as follows: 18.04.245 Commercial vehicle. For the purposes hereof, "commercial vehicle" means semi -truck tractors and/or semi -trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. Section Two CREATION OF NEW SECTION TO CITY CODE. A new Section 18.52.065 of the Auburn City Code is hereby created to read as follows: 18.52.065 Commercial Vehicles in Residential Zones. A. No person shall park any commercial vehicle on any property within the following zoning districts in the City: (R1) Single Family Residential, (R2) Single Family Residential, (R3) Duplex Residential, (R4) Multiple Family Residential, (LHR1) Single Family Residential, (LHR2) Single Family Residential, (LHR4) Multiple Family Residential, and (PUD) Planned Unit Development. B. It shall be a defense to a violation of this section that during the entire time that the vehicle was parked in the residential neighborhood the operator of the vehicle was actively engaged in making a delivery or providing services to residents in the immediate vicinity of where the vehicle was parked. Section Three CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, 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. 6019 April 24, 2006 Page 2 of 3 Section Four IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section Five 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: ATTEST: Danielle E. Daskam, City Clerk APPROVEDA.S TO FORM: 13'aniel B. Hei City Attorney PUBLISH: ----------------- Ordinance No. 6019 April 24, 2006 Page 3 of 3 PETER B. LEWIS MAYOR