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HomeMy WebLinkAboutITEM VIII-A-1CITY OF ~-~. AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: January 10, 2007 Ordinance 6071, amending various sections of Title 18 (Zoning) Auburn City Code and adding an additional chapter thereto (Chapter 18.29), Downtown Urban Center District. Department: Planning Attachments: Ordinance 6071 Budget Impact: None Administrative Recommendation: City Council introduce and adopt Ordinance No. 6071. Background Summary: Over the past year, the Planning staff, Planning Commission and Planning and Community Development Committee of the City Council have spent many hours developing a new zone. district to replace the existing C2 Central Business District Zone. A special committee worked with an outside consultant (Mark Hinshaw of LMN Architects) to develop a draft proposal. Mr. Hinshaw also met with the Planning Commission and PCD Gommittee on several occasions. The draft Downtown Urban Center zone (DUC) is intended to replace the existing C2 Central Business District and will be accompanied by a companion area-wide rezoning action to reclassify all G2 properties to the new DUC zone. The DUC zone will allow any type of land use, except for those specifically prohibited. Greater building heights and sizes will be encouraged, with minimum FAR (Floor Area Ratio) and building height requirements to ensure a denser urban environment in the downtown. A variety of incentives are included to allow for increases in FAR and building height and to create a higher quality urban environment. Minimum parking requirements will generally be lowered in recognition of a more pedestrian-friendly environment and the availability of mass transit, including commuter rail service. A limit to allowable surface parking lots will also be established to encourage the development of structured parking. Companion Design Standards (to be adopted by the PCD Committee) will be adopted to address building and site design, landscaping and signage issues. The Planning Commission hosted a public open house in August 2006 and later conducted a public hearing in September 2006, after which it recommended approval of the new zone district. L-0116-6 03.4.1.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ®Building ^ M&O ^ Airport ^ Finance ^ Cemetery ®Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks ^ Human Services ®Planning & CD ^ Fire ® Planning ^ Park Board ®Public Works ®Legal ^ Police ® Planning Comm. ^ Other i ®Public Works ^ Human Resources Action: Committee Approval: ®Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to until _/_/_ Tabled until _/_/_ Councilmember: Norman Staff: Davolio Meetin Date: Januar 16, 2007 Item Number: VIII.A.1 AtTBURl~11 MC7~E THAN YC~U [MAGINED ORDINANCE NO. 6071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.06.010, 18.48.10.0, 18.50.050 and 18.56.040 OF THE AUBURN CITY CODE AND CREATING NEW SECTIONS 18.04.235, 18.04.425, 18.04.525, 18.04.595 AND 18.04.892 OF THE AUBURN CITY CODE, AND A NEW CHAPTER 18.29 OF THE AUBURN CITY CODE, RELATING TO THE DOWNTOWN URBAN CENTER DISTRICT WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current goals and direction of the City; and WHEREAS, in May 2001, the City of Auburn adopted the Downtown Plan as an element of the Auburn Comprehensive Plan to encourage higher intensity development within the downtown area of Auburn; and WHEREAS, in 2004, the City of Auburn's downtown was also recognized as a designated Urban Center by the Puget Sound Regional Council and by King County; and WHEREAS, Urban Centers are intended to be locations within the region where growth is encouraged to occur at an intensity that can support high capacity transit and provide a focal point for housing, commerce and community; and WHEREAS, Sound Transit provides commuter rail service to downtown Auburn; and WHEREAS, the existing C2 Central Business District Zone does not provide all of the desired features to encourage development in the downtown urban center; and WHEREAS, the incorporation of the Downtown Urban Center District requires minor reference changes to other sections of the zoning code; and Ordinance No. 6071 1 January 16, 2007 Page 1 of 14 WHEREAS, following public notice the City of Auburn Planning Commission held a public hearing on September 6, 2006, on proposed code amendments regarding the establishment of the Downtown. Urban Center zoning district; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on September 6, 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 on August 22, 2006; and WHEREAS, the City Council finds that the proposal was received by State agencies for the required 60-day review period in accordance. with state law, RCW 36.70A.106, and that no comments were received. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. AMENDMENT TO CITY CODE. That Section 18.06.010 of the Auburn City Code (Districts and maps) is amended to read as follows: 18.06.010 Districts designated. A. The city is divided into the following classes of districts: 1. R-R, rural residential district (four acres per lot); 2. R-S, one-family residential district (35,000 square feet per lot); 3. R-1,one-family residential district (8,000 square feet per lot); 4. R-2, one-family residential district (6,000 square feet per lot); 5. R-3, one- and two-family residential district; 6. R-4, multiple-family residential district; 7. R-MHP, manufactured home park district; 8. R-O, residential office district and RO-H, residential office-hospital district; Ordinance No. 6071 2 January 16, 2007 Page 2 of 14 9. C-N, neighborhood shopping district; 10. C-1, light commercial district; 11. C-2, central business district; 12. C-3, heavy commercial district; 13. M-1, light industrial district; 14. M-2, heavy industrial district; 15. BP, business park district; 16. LF, airport landing field district; 17. P-1, public use district; 18. UNC, unclassified use district; 19. I, institutional use district; 20. LH, Lea Hill district: a. LHRS, one-family residential district; b. LHR1,nne-family residential district; c. LHR2, one-family residential district; d. LHR3, one- and two-family residential district; e. LHR4, multiple-family residential district; f. LHRMHP, manufactured home park district; g. LHC1, light commercial district; h. LHP1, public use district; i. LHI, institutional district; 21. EP, environmental park district; 22. DUC Downtown Urban Center district. B. The districts set out in subsection A of this section the designa tions, locations, and boundaries thereof as set forth a zoning map . (Ord. 5354 § 2, 2000; Ord. 4229 § 2, 1987.) are established as ~d indicated on the Section Two. AMENDMENT TO CITY CODE. That Section 18.48.020 Supplemental Development Standards is amended to read as follows: 18.48.020 Fences. A. Height Regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six percent of the height required. The height of the fence shall be determined from the existing, established grade on the property. 1. The following regulations shall apply in the R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R-MHP, LHRMHP, R0, RO-H, I, LHI, CN, C-1, LHC1, C-2, and DUC districts: a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone, or as modified by subsection B of this section:..... Ordinance No. 6071 3 January 16, 2007 Page3of14 Section Three. AMENDMENT TO CITY CODE. That Section 18.48.100 of the Auburn City Code (Supplemental Development Standards) is amended to read as follows: 18.48.100 Wireless communications facilities siting standards. The following siting standards are intended to guide the location and development of wireless communications facilities (WCF) as defined by ACC 18.04.912 but not including microcells. The siting of microcells shall be in accordance with the definition of microcells found in ACC 18:04.912 (G). A. Separation between Facilities. 1. New, Freestanding Primary Support Structures. a. The minimum separation, i.e., distance, between a proposed monopole (that is 75 feet or less in height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of 10. b. The minimum separation, i.e., distance, between a proposed monopole (that is more than 75 feet in height, or lattice towers of any height) and any other existing primary support structure, of any height, shall be the height of the proposed monopole, including antenna, multiplied by a factor of 20. 2. The distance between primary support structures shall be measured by following a straight line, without regard to intervening buildings, from the base of one support structure to the base of the other support structure(s). 3. A primary support structure would be considered "existing" if a conditional use permit or administrative use permit has been issued and is still valid for sites which have not been built upon. B. Co-location Requirements. 1. For monopoles that are more than 75 feet in height and lattice towers of any height (Type 3-B facilities), the owner of the property shall execute and provide evidence of a nonexc-usive lease with the carrier that allows for other carriers to place antenna on the structure. 2. Any application for a Type 3-B facility shall include technical justification that an existing Type 3-B facility with a nonexclusive lease could not be used instead of constructing a new tower. C. Height. 1. Unless otherwise provided for, the height of any primary support structure and/or antenna shall not~exceed the height limitations of the zoning district. 2. The maximum height of any primary support structure shall not exceed 120 feet. 3. There shall be no variances allowed to the height limitations. 4. The carrier shall provide evidence that the Federal Aviation Administration (FAA) has approved the location of a primary support structure relative to the Auburn Municipal Airport. Ordinance No, 6071 4 January 16, 2007 Page 4 of 14 5. Unless otherwise .restricted by this section, building- or structure- mounted antenna may extend a maximum of 15 feet above the maximum height permitted for structures within the zone. 6. Antenna, that are mounted on structures that do not otherwise have a height restriction, may be allowed to increase the overall height of the structure by no more than 10 percent of the height of the structure unless additional approvals are obtained. D. Setbacks. 1. All equipment shelters, cabinets, support structures or other above- ground facilities shall meet the setback requirements of the zone in which located except as follows: All equipment shelters, cabinets, or other above-ground facilities used to support primary support structures shall be set back the same distance required of the primary support structure. All equipment shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any adjacent "R" zone. 2. The minimum distance from any primary support structure, of any height, to any residentially zoned parcel of property shall be a distance equal to the overall height of the primary support structure (including antennas] multiplied by a factor of two. 3. Where possible, roof-mounted antenna and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feature. E. Fencing and Landscaping. 1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with primary support structures. Fencing will be 100 percent sight-obscuring as defined in ACC 18.48.020(C)(2), if visible from public right-of-way or less intense zoning district. Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. 2. Landscaping. a. Where above-ground support equipment is visible from public right-of- way, a minimum width of five feet of Type II landscaping as defined in ACC. 18.50.040 will be .provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public right-of-way. b. Where facilities are visible from adjacent residential uses, a minimum width of five feet of Type I landscaping as defined in ACC 18.50.040 will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the adjacent residential uses. c. Existing on-site vegetation may be used to meet the landscape requirements if approved by the planning director. F. Aesthetics. 1. In order to minimize any potential, negative aesthetic impacts from new primary support structures including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent development or environs. Typical solutions for the support structure might include: an Ordinance No. 6071 5 January 16, 2007 Page 5 of 14 extension of the building, a component of a sign- structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility, painting or texturing the facility, etc. 2. Building- or roof-mounted antenna will be painted or textured to "blend" with the adjacent surfaces. 3. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA. 4. Except as specifically required by the FAA (but must be approved by the city), freestanding primary support structures shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues and greens might be appropriate; however, each application shall be evaluated individually. G. Lighting. 1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. Any proposed lighting shall be submitted at the time of the initial application. Any lighting must be reviewed and approved by the city. 2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site. H. Abandoned Facilities. 1. Any WCF which is not utilized for a period of nine months or more will be considered "abandoned." 2. Any WCF which falls into a state of disrepair as determined by the planning director will be considered "abandoned." 3. Any WCF considered to be "abandoned" must be removed completely within 90 days from the date of notification by the city's code enforcement personnel. The code enforcement personnel may extend the 90-day period should a valid application for use of the facility be submitted to the city. I. Noise. For the purposes of this section, WCF will be considered a Class B, commercial, noise source pursuant to WAC 173-60-040. J. Supplemental Information Required for Applications. In addition to the information that is otherwise required for an application for a permit for a WCF, the following is also required: 1. Fora new primary support structure and related equipment, the applicant shall provide the carrier's master network plan for the city showing the carrier's existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. The applicant shall also provide technical justification supporting the need for the height of the primary support structure and why a shorter support structure could not be utilized. Any application for a Type 3-B facility shall provide technical justification as to why a Type 3-A facility could not be utilized instead to adequately serve the Auburn community. 2. Narrative description of the facility including whether there is capacity of the proposed structure for more antennas, methods for minimizing visual impacts of the facilities, etc. 3. A color swatch for the proposed primary support structure. Ordinance No. 6071 6 January 16, 2007 Page 6 of 14 4. Photographs or similar illustrations that show a reasonable likeness of the proposed facility including the antenna arrays and above-ground support equipment. K. Zoning Districts in Which WCF Are Permitted. The following table illustrates which zoning districts the types of facilities, as defined by ACC 18.04.912(J), are allowed. in and which permits are required. Microcells, as defined by ACC 18.04.912 (G), are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC 18.04.912(G). Type of Permit Required Zoning District Permitted Outright Administrative Use Permit Conditional Use Permit All Zones 1-D 1-D1 1-D2 RO-H 1-A 1-B 1-C C-N 1-A 1-B 1-C C-1, LHC1 1-A 1-B 1-C C-2, DUC 1-A 1-B 1-C C-3 1-B, 2-A 1-C, 2-B, 3-A 3-B M-1, EP 1-B, 2-A 1-C, 2-B, 3-A 3-B M-2 1-B, 2-A 1-C, 2-B, 3-A 3-B P-1, LHP1 1-B, 2-A 1-C, 2-B 3-A3 I, LHI 1-A 1-B 1-C LF 1-A 1-B 1-C 1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure. 2 Allowance for the WCF to extend to a height of 30 percent of the supporting structure. 3 The maximum height allowed, including antennas, is 45 feet. L. Exemptions. 1. Unless otherwise provided for, the following are exempt from the provisions of this section: a. Microcells as defined by ACC 18.04.912(G). b. Mobile testing .facilities/equipment used to test network .limitations. The facilities/equipment shall not be at any one location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision. 2. The following is exempt from the provisions of subsection A of this section, Separation between facilities: a. Emergency communication systems operated by a local public agency responsible for providing emergency services. (Ord. 5645 § 1, 2002; Ord. 5342 § 2, 2000; Ord. 5020 § 1, 1997,) Ordinance No. 6071 7 January 16, 2007 Page 7 of 14 Section Three. AMENDMENT TO CITY CODE. That Section 18.52.020 of the Auburn City Code (Off-Street Parking and Loading) is amended to read as follows: 18.52.020 Required off-street parking -Minimum standards. The number of off-street parking spaces shall be determined for each principal use of the land, building, or structure. For ancillary uses to the principal use, required parking shall be calculated the same as for the principal use, or as otherwise provided for in this chapter. .The following standards are applicable in all zoning districts except the DUC zone; refer to chapter 18.29 for specific requirements for that zone. A. Residential. 1. Single-family: one parking space per two bedroom dwelling, two parking spaces per three or more bedroom dwelling; 2. Two-family (duplex): one and one-half parking spaces per one bedroom and two bedroom living units, two parking spaces per three or more bedroom living units; 3. Multifamily: one and one-half parking spaces per one bedroom and two bedroom units, two parking spaces per three or more bedroom units, for developments in excess of 50 dwelling units, one screened space for each 10 dwelling units shall be provided for recreational vehicles; 4. Mobile homes: one parking space per one bedroom and two bedroom units, two parking spaces per three or more bedroom units. Within mobile home parks, parking space shall not be allowed within required setbacks; recreation and laundry areas shall provide off-street parking spaces equal to one per each 10 mobile home sites within the development; 5. Boardinghouses and lodginghouses: one parking space for the proprietor plus one space per sleeping room for boarders and/or lodging use plus one additional space for each four persons employed on the premises; 6. Fraternities, sororities, and dormitories: one parking space for each four beds; 7. Multifamily dwellings, for the elderly, operated under contract with a public agency or subsidized under a state, local or federal program: one parking space for each four dwelling units, a minimum of four spaces shall be provided. A binding legal agreement must be executed guaranteeing that the dwellings will be used exclusively for this use. The agreement shall be approved by the city attorney and recorded at the appropriate King County office, for properties located in King County, or recorded at the appropriate Pierce County office, for properties located in Pierce County. B. Commercial Activities. 1. Auto, boat, or recreational vehicle sales or leasing, new or used: one space per 5,000 square feet of outdoor sales area, one space per 1,000 square feet of showroom and services facilities, and one space per each 250 square feet of office area, but in no case shall there be less than six spaces provided. The outdoor sales Ordinance No. 6071 8 January 16, 2007 Page 8 of 14 area shall be paved in accordance with ACC 18.52.050(A) and landscaped in accordance with ACC 18.50.060(H) (1); 2. Repealed by Ord. 5777; 3. Food retail stores and markets: one parking space per 200 square feet of gross floor area, a minimum of six parking spaces shall be provided; 4. Mini-marts and self-service gas stations: one parking space per 200 square feet of gross floor area in addition to pump island spaces; 5. Health and physical fitness clubs: one space per 100 square feet of gross floor area; 6. Laundry, self-service: one parking space per four washing machines, a minimum of five parking spaces shall be provided; 7. Manufactured home sales lots: one space per 5,000 square feet of outdoor sales area, and one space per 250 square feet of office area; 8. Mortuaries or funeral homes: one parking space per four seats in the assembly area, computed as seven square feet of floor area per seat; 9. Motels, motor hotels and hotels: one and one-quarter parking spaces per sleeping unit; 10. Motorcycle and other small engine vehicle sales and service: one space for each 400 square feet of gross floor area of the building and one space for each 1,000 square feet of outdoor sales area. The outdoor sales area shall be paved in accordance with ACC 18.52.050(A) and landscaped in accordance with ACC 18.50.060(H)(1); 11. Motor vehicle repair and services: one parking space per 400 square feet of gross floor area, a minimum of three spaces shall be provided; 12. Offices, including professional and business, banks and related activities: one space per 300 square feet of gross floor area. Up to 400 square feet of unfinished basement floor area used exclusively for storage may be excluded from the parking requirement. Unfinished basement floor area is defined as any floor level, below the first story of a building, which floor level is not provided sufficient light, ventilation, exit facilities, or sanitary facilities, as required for any legal occupancy classification. (See subsection D of this section for doctor's offices, and clinics, etc.); 13. Personal service shops: one parking space per 400 square feet of gross floor area, a minimum of two shall be provided; 14. Restaurants, nightclubs, taverns and lounges: one space per 100 square feet of gross floor area; 15. Shopping centers: one parking space per 250 square feet of gross leasable floor area; 16. Video arcades: within a range of one space per three video machines and one space per one machine as may be determined appropriate by the planning director, considering availability of existing parking, the nature of related business, and expected clientele of the arcade; 17. Other retail establishments, including but not limited to appliances, bakeries, dry cleaning, furniture stores, hardware stores, household equipment service shops, clothing or shoe repair shops: one parking space per 500 square feet of gross floor area; Ordinance No. 6071 9 January 16, 2007 Page 9 of 14 18. Private lodges., with. no overnight boarding facilities: one parking space 'per 100 square feet of gross floor area. C. Industrial and Manufacturing Activities. 1. Manufacturing, research and testing laboratories, creameries, bottling establishments, bakeries, canneries, printing, and engraving shops: one parking space per 1,000 square feet of gross floor area; 2. Warehouse and storage: Building Size Parking Requirements Up to 20,000 sq. ft. 1 per 2,000 sq. ft. (3 minimum) 20,001 to 100,000 sq. ft. 1 per 2,500 sq. ft. (10 minimum) 100,000 sq. ft. and up 1 per 3,000 sq. ft. (40 minimum) 3. Uncovered outdoor storage areas, which are incidental and subordinate to a principal use that otherwise meets the parking requirements, need not provide additional parking; 4. Office space shall provide parking as required for offices. D. Medical Facilities. 1. Convalescent, nursing and health institutions: one parking space for each two employees, plus one space for each three beds; 2. Hospitals: two. parking spaces for each bed, plus parking for nonhospital space computed as determined elsewhere in this section; 3. Medical, dental, and other doctors offices: one space per 200 square feet of gross floor area. E. Public Assembly and Recreation. 1. Assembly halls, auditoriums, stadiums, sports arenas, and community clubs: one parking space per three fixed seats; where fixed seats consist of pews or benches, the seating capacity shall be computed upon not less than 18 linear inches of pew or bench length per seat. Where movable chairs are provided, each seven square feet of the floor area to be occupied by such chairs shall be considered as a seat; 2. Bowling alleys: five spaces per bowling lane, additional parking for food and beverage on same premises shall be required as per subsection (B)(14) of this section and for spectator or assembly seating as per subsection (E)(1) of this section; 3. Churches: one parking space per five seats, in computing seating capacity and requirements for assembly area without seats, use requirements as set forth for assembly halls per subsection (E)(1) of this section; 4. Dance halls: one parking space per 100 square feet of gross floor area; 5. Libraries and museums: one parking space per 250 square feet of gross floor area; 6. Miniature and/or indoor golf: one parking space per hole; Ordinance No, 6071 10 January 16, 2007 Page 10 of 14 7. Parks: as determined by the planning director and/or hearing examiner on an individual basis; 8. Skating rinks: one parking space per 400 square feet of gross floor area. F. Educational Activities. 1. Elementary and junior high schools: one and one-half parking spaces for each classroom or teaching station; 2. High schools: one parking space for each employee, plus one parking space for each eight students; 3. School auditoriums, stadiums and sports arenas: see requirements as set forth in subsection (E)(1) of this section; 4. Colleges and universities: upon review by planning director and hearing examiner; 5. Nursery schools and daycare centers; one parking space for each employee plus loading and unloading areas; 6. Business and/or .beauty schools: one parking space per 200 square feet of gross floor area. G. Other Uses. For uses not specifically identified in this chapter, parking shall be provided as specified. for the use which, in the opinion of the planning director, is most similar to the use under consideration. (Ord. 5777 § 1, 2003; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; Ord. 4304 § 1(40), (41), 1988; Ord. 4229 § 2, 1987.) Section Four. AMENDMENT TO CITY CODE. .That Section 18.52.030of the Auburn City Code (Off-street Parking and Loading) is amended to read as follows: 18.52.030 Reductions of the quantity of required parking. Except within the DUC zone, reductions of the quantity of required parking may be allowed based upon the following provisions and the project location as shown in the following table: C-2 Zone Citywide Waiver of parking requirement for change of use or if addition is smaller than 25% of floor area (ACC 18.52.010(A)(1)and (2)) Yes No Waiver of parking requirement for change of use or additions if five or less spaces (ACC 18.52.010(8)(3) and (4)) N/A Yes 25% reduction of required parking (ACC 18.52.030(A) (1)(a)), with an additional 15% reduction (for a total of 40%) if located within a specified area (ACC18.52.030(A)(1)(b)) Yes No Ordinance No. 6071 11 January 16, 2007 Page 11 of 14 Multifamily residential use -One space per dwelling unit (ACC 18.52.030(A)(2)) Yes No Joint use of parking (ACC 18.52.030(8)) No Yes Mixed occupancies and shared uses (ACC 18.52.030(C)) No Yes. Reduced parking demand study (ACC 18.52.030(D)) Yes Yes Valet parking (ACC 18.52.030 (E)) Yes Yes << ., . . .; ; t b b -- ~-se y- ~~e . Section Five. AMENDMENT TO CITY CODE. That a new Section 18.52.070 of the Auburn City Cade (Off-street Parking and Loading) is amended to read as follows: 18.52.070 Off-street parking lots -Location. Ordinance No. 6071 12 January 16, 2007 Page 12 of 14 The following provisions shall apply in all zoning districts except the DUC zoneā€¢ A. Single-family dwellings: required parking shall be located on the same lot as the building it is to serve. B. Multifamily dwellings: required parking may be on a contiguous lot in the same zone if located within a walking distance of 500 feet of dwelling units. The lot shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities. Documentation shall require review and approval of the city attorney. C. Other uses: may be in areas other than on the premises if the required amount of parking area is set aside far a particular use in such a lot, and such area is located within a walking distance of 500 feet from the premises and is in the same zone as the use. The lot or area to be utilized shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities. Documentation shall require review and approval of the city attorney. D. Whenever required parking facilities are located off-site, sidewalks, or an approved pedestrian facility, shall be provided connecting the satellite parking facility to the development being served. If lighting is provided, it shall be hooded, shielded, directed downward and not exceed one-half foot-candle at the property line. E. A permit may be issued by the hearing examiner pursuant to the hearing requirements of ACC 18.70.040 whenever parking is to be located at a walking distance greater than 500 feet from the use, or whenever parking for a use in a commercial or industrial zone is to be located in a residential zone if it is found that: 1. The required parking cannot be provided as required in subsections B and C of this section; 2. There is adequate access provided between the parking area and the use; 3. The character of the adjoining land uses would not be disrupted by the increased pedestrian and vehicular traffic; 4. The design and configuration of the parking area is compatible with adjacent uses. F. The planning director may authorize parking for a use to be located in a different zone (except as provided for in ACC 18.52.070(E)) if the director makes the same findings as listed in ACC 18.52.070(E). (Ord. 4949 § 1, 1997; Ord. 4304. § 1(42), 1988; Ord. 4229 § 2, 1987.) Section Six. NEW SECTION ADDED TO CITY CODE. That a new Chapter 18.29 of the Auburn City Code (Downtown Urban Center Zone) is created as shown in Exhibit "A" attached hereto. Section Seven. CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason Ordinance No. 6071 13 January 16, 2007 Page 13 of 14 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. Section Eight. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section Nine. 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 APPROVED AS TO FORM: DI B. He City Attorney PUBLISH: Ordinance No. 6071 14 January 16, 2007 Page 14 of 14 ORDINANCE 6071 EXHIBIT "A" CHAPTER 18.29 DUC -DOWNTOWN URBAN CENTER ZONE Sections: 18.29.010 Intent. 18.29.020 Scope. 18.29.030 Process. 18.29.040 Use Limitations. 18.29.050 Development Standards. 18.29.060 Definitions. 18.29.070 Design Standards. 18.29.010 Intent. The Downtown Urban Center zone is intended to create a distinct and strong identity for Downtown Auburn by establishing land use and design standards for review of development proposals within the core area of the City of Auburn's designated Urban Center, in order to implement the City of Auburn Downtown Plan and the goals, policies and objectives of the Auburn Comprehensive Plan. This zone is intended to produce a concentration and mixture of commercial, office, medical, retail, residential and civic uses within the Downtown area; to encourage private and public investment, attract shoppers and visitors, and appeal to existing and new residents; to provide a development pattern that supports pedestrian movement, bicycles and use of public transit; and to provide opportunities to increase the City's tax base, thereby helping to fund public improvements and public services. 18.29.020 Scope. A. The Downtown Urban Center zone may be applied to any property designated as "Downtown" on the Auburn Comprehensive Plan map. B. Site plan and building design review and approval shall be required for all public and private development activities requiring permits within the Downtown Urban Center Zane unless exempted under Section 1$.29.020(C). The Planning, Building and Community Director is given the authority to require building design and site plans consistent with the design standards contained or referenced Pg.1of11 ORDINANCE 6071 EXHIBIT "A" herein and to require revisions as necessary in order to ensure development is consistent with the purpose of this chapter. C. The following activities, as determined by the Director, shall be exempt from the provisions of this Chapter: 1. Interior alterations that do not alter the exterior appearance of a structure or modify an existing site condition; 2. Site and exterior alterations that do not exceed 25% of the assessed valuation of the property (building or land) per the most recent county records; 3. Buildings additions that are less than ten percent (10%) of the existing floor area of the existing building(s). Any cumulative floor area increase (from the adoption date of this chapter) that totals more than 10% shall not be exempt; unless the Director determines compliance with these standards would be unfeasible and/or unreasonable; 4. Normal or routine building and site maintenance/repair that is exempt from permit requirements; 5. Any remodeling or expansion of existing single family residences with no change in use or addition of dwelling units involved. 18.29.030 Process. A. Compliance with all development and design standards contained or referenced herein shall occur in conjunction with any required permit process. The Director shall provide appropriate forms that shall accompany a permit application. The Director may approve, approve with conditions, or deny a building or site development permit application to ensure compliance with these standards. Any decision regarding a permit application shall be set forth in writing and contain findings of fact and conclusions that support the decision made. B. The decision of the Director shall be final unless the applicant or any affected party appeals the decision to the Hearing Examiner. All appeals shall be in accordance with Auburn City Code section 18.70.050 (B-E). 18.29.040 Definitions. These words shall have the following meanings for the purposes of this chapter: A. "Canopy" means a cover over a sidewalk providing protection from the rain, which is constructed of durable, permanent materials. Pg. 2 of 11 ORDINANCE 6071 EXHIBIT "A" B. "Director" means the director of the Auburn Department of Planning, Building and Community. C. "Green roof" means a roof designed with principles of environmental sustainability, involving the use of vegetation and storm water collection and cleaning. It may or may not be accessible. D. "Health club" means a use that offers exercise and recreational activities for tenants and/or the general public, either with or without a fee. E. "Parking, below grade" means any portion of structure containing parking that is located below the average finished grade around a building. F. "Parking, structured" means parking contained within an enclosed building, designed to appear like it is part of the larger building complex, or a freestanding structure devoted exclusively to above-grade parking. G. "Performing space" means any interior or exterior area designated for live performing and entertainment. H, "Public art" means any form of painting, mural, mosaic, sculpture, or other work of art, so long as it can be appraised as a work of art and its value as such documented, displayed on the. exterior of a building, at or near the pedestrian entrance, or on a public plaza, and visible to users of the public right-of-way at all times. I. "Public meeting rooms" means a space that can be used by the general public and having a capacity of at least 50 people. It may operate under a reservation or nominal fee system and must be easily accessible from a lobby or plaza. J. "Public plaza" means an open space that is visible and accessible to the public at all times, predominantly open to the sky, and for use principally by people, as opposed to merely a setting for the building. K. "Street level retail" means uses providing goods and services, including food and drink, adjacent to, visible from, and directly accessible from the public sidewalk. L. "Water feature" means a fountain, cascade, stream, fall, pond of water, or combination thereof, that serves as a focal point, located outside of a building, publicly visible and accessible, and active during daylight hours. 18.29.050 Use Limitations. Hereafter, all buildings, structures or properties may be used for any use, unless specifically prohibited herein. Ground floor retail, restaurants and/or office use is Pg. 3 of 11 ORDINANCE 6071 EXHIBIT "A" required for all building frontages facing Main St. All uses shall be subject to review and approval by the Director, The following uses are prohibited: A. Sexually oriented businesses as defined in ACC 18.74. B. Taverns. C. All industrial uses as defined in the North American Industrial Classification System (1997 edition), categories 48-49 (transportation), 31-33 (manufacturing) and 42 (wholesale). D. Outdoor storage of materials and equipment (except during active construction projects). E. New automobile maintenance and repair businesses. F. Work release facilities; secure community transition facilities. G. Wrecking yards. H. Solid waste transfer stations. I. Car washes. J. New gasoline stations. K. Street-level ministorage. L. Outdoor sales of vehicles, boats or equipment. M. Drive-in/drive-through facilities with direct vehicular driveway access onto Main Street. N. Other uses may be prohibited by the Director if the use is determined to be inconsistent with the intent of this zone or is of the same general character of the other prohibited uses listed in this section. 18.29.055 Uses/activities requiring permit. The following uses/activities may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Expansions of existing automobile maintenance and repair businesses. B. Expansions of existing gasoline stations. C. Animal daycare businesses that feature outdoor exercise areas and/or kennels, D. Expansion or alteration of any existing structure not exempted under 18.29.020.C that does not result in a FAR of 0.75 or greater. E. Any development project that seeks to deviate from any development standard listed in 18.29.060. Pg. 4 of 11 ORDINANCE 6071 EXHIBIT "A" 18.29.060 Development Standards A. Minimum lot area: none. B. Minimum lot width: none. C. Minimum lot depth: none. D. Floor Area Ratio. Floor Area Ratio is the cumulative amount of floor area within a building as a multiple of the lot area. Floor Area Ratio (FAR) For properties abutting the south side of Main St. and to the south. Basic Allowable "As of Right" Maximum Allowable with Bonuses Non- Residential4 Residential4 Non- Residential Residential 3 Combined 2 1.0 2.0 1.5 3.5 5.0 Properties abutting the north side of Main Street and to the north " Basic Allowable "As of Right" Maximum Allowable with Bonuses Non- Residential4 Residential4 Non- Residential Residential 3 Combined z 3.0 2.0 4.0 3.5 5.0 1. Floor area is measured to the inside face of exterior walls. The following shall be excluded from floor area calculation: A. All space below finished grade. B. Space dedicated to structured parking. C. Space Used for any bonus feature listed in 18.29.060.E. 2. Allowable FAR for non-residential and residential uses may be added together within a project, for a combined total. 3. Hotels, nursing homes, assisted living centers, etc. shall be considered residential for the purpose of calculating FAR. Pg. 5 of 11 ORDINANCE 6071 EXHIBIT "A" E 4. Minimum required FAR is 0.75; basic allowable FAR is 1.0. ~ ~,k ~t.~~ r,~ rt ,~s~ Bonus Features Allowing Increased Floor Area Ratio ,~ ,~~,.r, Pg. 6 of 11 ORDINANCE 6071 EXHIBIT "A" Feature Additional Gross Floor Area for each Feature Street Level Retail 100 sf of floor area for each linear foot of retail frontage Restaurant 100 sf of floor area for each linear foot of restaurant frontage Public Plaza 5 sf of floor area for each sf of plaza Widening Public Sidewalk 4 sf of floor area for each sf of sidewalk made available for public use Canopy 4 sf of floor area for each sf of canopy Day Care 4 sf of floor area for each sf of day care Health Club 2 sf of floor area for each sf of health club Performing Space 2 sf of floor area for each sf of performing space Public Meeting Room 5 sf of floor area for each sf of meeting room Public Art (Arts Commission approval 10 sf of floor area for each $100 of valuation required) Water Feature 10 sf of floor area for each $100 of valuation Structured Parking 0.5 sf of floor area for each sf of required parking above grade Below Grade Parking 1 sf of floor area for each sf of required parking below grade (including half-level plate below grade) Green Roof 2 sf of floor area for each sf of green roof Public Restrooms 10 sf of floor area for each sf of public restroom Contribution to a public park or cultural 10 sf of floor are for each $100 of facility such as a library, museum or theatre contribution towards acquisition or within 0.5 miles of the DUC zone; also, any development. This can be used to exceed project including a performance or both maximum FAR and maximum building entertainment.venue is eligible for these height by up to 25%. bonuses, based upon the value of construction. Development of open space such as open 5 sf of floor area for each sf of open space roof decks, balconies, lanais ar parts of the building and improved for outdoor living; including .rooftop daycare play areas, dog walkin areas, etc. ORDINANCE 6071 EXHIBIT "A" An applicant may be required to provide a legally binding agreement or easement to ensure any of the above features is maintained over the life of the project. F. Maximum Building Height. Maximum building height within the DUC zone shall be 75 feet, unless bonus height is permitted per (E) above. 1. If retail uses occupy the ground floor, the minimum height for that floor shall be 14 ft. 2. Mechanical penthouses, stair/elevator overruns, and antennae may be excluded from building height calculation provided they extend no more than 20 feet above the roof deck. 3. Maximum building height may be increased by up to 20% if the top is designed as a non-habitable, architectural element. This element may extend above the increased height limit. G. Minimum Building Height. The minimum height for any new structure within the DUC zone shall be two stories for the full extent of the building footprint. H. Parking Ratios The following parking standards shall apply within the DUC zone in lieu of any standard noted in ACC 18.52.020 or provision of ACC 18.52.030. Use Type Minimum required Maximum allowed for surface arkin lots Retail 2 stalls / 1000 nsf 4 stalls / 1000 nsf .Office 2 stalls / 1000 nsf 4 stalls / 1000 nsf Residential 1 stall per dwelling unit 2 per dwelling unit Restaurant 0.5 stall per 4 seats 1 stall per 4 seats nsf =net square feet 1. Parking requirements for uses not listed shall be determined by a study of parking demand for that use, as prepared by a qualified professional and as accepted by the Director. Pg. 8 of 11 ORDINANCE 6071 EXHIBIT "A" 2. Retail and restaurant uses less than 3000 in nsf in area shall be exempt from parking requirements. 3. Uses sharing a common parking facility may reduce the required number of stalls by 25%. 4. Required parking may be located off site, so long as it is: a) located within the DUC zone, b) is within 1000 feet of the property, c) is connected to the property by streets improved with sidewalks or walkways, and d) is tied to the site by a contractual agreement reviewed and approved by the City Attorney that is filed with the City and Deed of Record at the County. 5. On-street parking. that is located directly adjacent to a development site may be used to satisfy minimum parking requirements and shall not be included in determining maximum surface parking allowances. 6. Dedicated offsite parking provided within a parking structure may be used to provide FAR bonuses for a project on a separate site, provided the parking structure is located consistent with this chapter. 7. The maximum standards noted in the table above may be exceeded if alf stalls above the maximum limit are provided within a parking structure. 8. Compliance with these standards is not required for a change of use within an existing building or whenever there is an expansion of an existing building or a new building replaces an existing building that does not increase the floor area by more than 25%. 9. In lieu of providing the minimum parking required by this section, an applicant may request to pay for each required parking stall into a special fund that will be used to provide and upgrade municipal parking to serve the DUC zone. The per stall fee shall be as specified in the City's fee schedule. H. Signs The design of all signs shall be in conformance with the design standards referenced in ACC 18.29.070. Allowable types, numbers and sizes of signs shall be as follows: Pg. 9 of 11 ORDINANCE 6071 EXHIBIT "A" 1. Freestanding: Not allowed, except for monument signs as described within the "Downtown Auburn Design Standards;" no more than one per street frontage; maximum size: 64 sq. ft., calculated at a rate of one (1) square foot of sign area per lineal foot of site frontage; minimum entitlement shall be 32 sq. ft; maximum height: 5 ft. 2. Wall signs: maximum area of 150 sq. ft. per building facade, calculated at a rate of one (1) square foot of sign area for every lineal foot of fagade; minimum entitlement shall be 16 sq. ft. 3. Suspended signs attached under a marquee or canopy: one double-faced sign, no greater than three (3) sq. ft. per face allowed for each building entrance; maximum clearance above grade: 8 ft. 4. Portable Signs. Except for Main St. frontages, one portable sign may be allowed for each business entrance, not to exceed one portable sign per building frontage, subject to the following: a. May be placed within public right-of-way subject to the guidelines provided by the director in consultation with the city engineer such that sign does not interfere with pedestrian or vehicular traffic and conforms to the requirements of the Americans with Disabilities Act. b. May not exceed 36 inches in height and 30 inches in width and be limited to two faces. c. May be displayed during business hours only. d. Must be constructed of either wood or another sturdy material to ensure stability in the wind. e. May not move, spin, flash, or otherwise be animated. f. Shall meet applicable supplemental design requirements of the Auburn Downtown Association. I. Landscaping. Landscaping shall be provided as defined in the Downtown Auburn Design Standards. 18.29.070 Design Standards. Adopted by reference are the "Downtown Auburn Design Standards," a copy of which shall be maintained by the City Clerk. This documen# contains standards for development of the built environment in the DUC zone. The Director shall have the authority to apply the standards to specific development proposals. These standards Pg. 10 of 11 ORDINANCE 6071 EXHIBIT "A" may be amended upon approval by the Planning and Community Development Committee of the Auburn City Council. Pg. 11 of 11