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HomeMy WebLinkAbout4914 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. ~ AN ORDINAI~CE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTIONS 18.28.040 ENTITLED "DEVELOPMENT STANDARDS", 18.28.050 ENTITLED "SUPPLEMENTAL DEVELOPMENT STANDARDS" CONTAINED IN CHAPTER 18.28 ENTITLED "C-2 CENTRAL BUSINESS DISTRICT"; AND AUBURN CITY CODE SECTION 18.50.050 ENTITLED "REGULATIONS BY ZONE" CONTAINED IN CHAPTER 18.50 ENTITLED "LANDSCAPINGAND SCREENING". WHEREAS, the City has received a request to amend the C-2, Central Business District zone to no longer require a five-foot building setback from a street; and WHEREAS, it is now proposed that the five-foot setback be eliminated in the C-2 zone, only; and WHEREAS, in lieu of the setback, pedestrian amenities such as landscaping, benches, artwork, e.g. be provided that would allow the buildings, for the most part, to be next to the sidewalk but still allow for some flexibility in the design of the building and still require amenities that are pedestrian friendly; and WHEREAS, the Planning Commission at their August 6, 1996 meeting held a public hearing on the amendments and at the Ordinance No. 4914 October 15, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 conclusion of which continued the hearing to the September at their September 4, the amendments and at to the City Council Commission 4,1996 meeting; and WHEREAS, the Planning 1996 meeting held a public the conclusion of which recommended approval of said amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, DO ORDAIN AS FOLLOWS: ~P~G_t~. Auburn City Code Sections "DEVELOPMENT STANDARDS", 18.28.050 DEVELOPMENT STANDARDS" contained in "C-2 CENTRAL BUSINESS DISTRICT", 18.50.050 entitled "REGULATIONS hearing on CITY OF AUBURN, 18.28.040 entitled entitled "SUPPLEMENTAL Chapter 18.28 entitled and Auburn City Code Section BY ZONE" contained in Chapter 18.50 entitled as set forth on attached Exhibit "A" as though set forth in full herein. to be separate sentence, ordinance, "LANDSCAPING AND SCREENING" are hereby amended and made a part thereof The provisions of this ordinance are declared and severable. The invalidity of any clause, paragraph, subdivision, section or portion of this or the invalidity of the application thereof to any Ordinance No. 4914 October 15, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~ 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: CHARLES A. BOOTH MAYOR Ordinance No. 4914 October 15, 1996 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: ~~lds, City Attorney Ordinance No. 4914 October 15, 1996 Page 4 Chapter 18.28 C~2 CENTRAL BUSINESS DISTRICT Sections: 18.28.010 18.28.020 18.28.030 18.28.040 18.28.050 Intent. Permitted uses. Uses requiring permit. Development standards. Supplemental development standards. 18.28.010 Intent. The intent and objective of this classification and its application is to set apart that portion of the City which forms the center for financial, commercial, governmental, professional, and cultural activities all of which have common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premise retail activities. This zone encourages leisure shopping and provides amenities conducive to attracting pedestrian shoppers. This zone shall only be applied within the central business district as defined by the Comprehensive Plan. 18.28.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Apartments, provided they are located in a multi-story building the ground floor of which must contain a permitted use as listed in Section 18.28.020 (B-HH). No density limitations shall apply. B. Art, music and photography studios; C. Automobile parking facilities; D. Bakery and pastry shops, products made must be sold at retail on premises; E. Banking and related financial institutions, excluding drive-in facilities; Ordinance No. 4914 18.28-1 Exhibit "A" F. Caretaker apartment; G. Civic, social, and fraternal clubs; H. Day-care, including home based, mini day-care, day-care center, preschools or nursery schools; I. Delicatessens; J. Dry cleaning and laundry services; K. Funeral homes; L. Grocery stores; M. Hobby shops; N. Hospitals, to include small animal, but does not allow outside runs or kennels; O. Hotels; P. Laundry, self-service; Q. Liquor store; R. Massage parlors; S. Meeting rooms and/or reception facilities; T. Motels; U. Newsstands; V. News syndicate services; W. Nursing homes; X. Personal service shops; Y. Pharmacies; Z. Printing and publishing; AA. Professional offices; BB. Radio and television broadcasting studios; CC. Retail stores and shops, including department and variety stores which offer for sale the following and similar related goods: 2. 3. 4. 5. 6. Antiques; Art supplies; Automobiles parts and accessories, excludes service and machine shops; Baked goods; Beverages; Bicycles; Ordinance No. 4914 18.28-2 Exhibit "A" DD. EE. FF. GG. HH. 7. Books and magazines; 8. Candy, nuts, and confectionery; 9. Clothing; 10. Computers; 11. Dairy products; 12. Dry goods; 13. Flowers and houseplants; 14. Fruits and vegetables; 15. Furniture and home furnishings; 16. Hardware, including electrical, heating, 31umbing, glass, paint, wallpaper and related goods; 17. Home garden supplies; 18. Household appliances; 19. Household pets; 20. Housewares; 21. Jewelry and clocks; 22. Meat, fish and poultry, pre-processed; 23. Notions; 24. Office supplies and equipment; 25. Photographic equipment, including finishing; 26. Radio, television, and stereos; 27. Shoes; 28. Sporting goods; 29. Stationery; 30. Toys. Religious institutions; Restaurants, including outdoor seating, but excludes drive-in facilities. Sale of alcoholic beverages is secondary use and is limited to on-premise consumption. Schools, including art, business, barber, beauty, dancing, martial arts and music; Secretarial services; Theaters, except drive-in; Ordinance No. 4914 18.28-3 Exhibit "A" II. Other uses may be permitted by the Planning Director if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted in this section. 18.28.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: B. C. D. E. f. Apartments, no density limitations are applied; Arcades; Drive-in facilities; including banks and restaurants; Government facilities, this excludes offices and related uses that are permitted outright; Taverns; Utility substations. t8.28.040 B. C. D. E. Minimum lot area: Minimum lot width: Minimum lot depth: Maximum lot coverage: Maximum building height: Development standards. none required. none required. none required. none required. four (4) stories not to exceed to forty-five (45) feet. orientation. 3. H. I. J. Minimum yard setbacks: none reauired, see section 18.28.050(F3 for specific buildino Fences and hedges: see Chapter 18.48. Parking: see Chapter 18.52. Landscaping: see Chapter 18.50. Signs: see Chapter 18.56. Ordinance No. 4914 18.28-4 Exhibit "A" 18.28.050 Supplemental development standards. A. All uses shall be conducted entirely within a building or structure except: 1. Automobile parking lots; 2. Display or sales of goods that do not extend eight (8) feet past the front of the building, do not block entrances or interfere with pedestrian travel, do not interfere with the parking areas and do not encroach upon public property; 3. Outdoor seating for restaurants, theaters, or other entertainment; 4. Temporary uses as permitted by the Hearing Examiner, Building Official, Planning Director or City Engineer pursuant to applicable ordinances; 5. Unloading and loading areas; 6. Utility substations; 7. Refuse containers; 8. Play areas for day-cares. B. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail The floor area devoted to such repairing shall not exceed thirty (30) percent of the total floor area occupied by the particular enterprise, except that the limitations of this subsection shall not apply to shoe, radio, television, or other small appliance repair services. C. Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises. No outside storage is permitted. D. Operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard, or other causes; 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 criteda (Chapter 70.105 RCW). Ordinance No. 4914 18.28-5 Exhibit "A" F. Building orientation reauirements. The following reauirements apply to the construction of all new buildings or structures, Existing buildings or structures, including facades, that do not have setbacks _or otherwise cannot comply, are exempt from these reauirements regardless of the amount _of improvements made to the building, structure or facade as long as any alteration does nol make the existing facade more nonconforming. Existing buildings, structures, or facades that have sufficient setbacks to comply with th~ following reauirements shall be reauired to do so when any cumulative improvement exceeds; 50% of the assessed value of the building, structure, or facade or any structural changes ar~ made to the street frontage facade. 1. For each lineal foot of frontage a building has on a street, there shall be Provided an area(s/for pedestrian amenities at the rate of one sauare foot of around area for each lineal foot of building frontage. Pedestrian amenities shall consist of such features a~ landscapina, benches, entry_ ways with accents such as brick pavers, art work. or a combinatigH of these or similar features. The pedestrian amenities shall be located on the grope _rty between the street right of way and the building. The Plannina Director shall approve amount and type of the pedestrian amenities. 2. For buildings that have a street frontage that exceeds 50 feet then at 25% of the building's frontage shall be immediately adjacent to the street right of way, 3, For buildings that have a street frontage that is less than 25 feet then q. pedestrian amenities will be reuuired. There shall however be orovided a landing in froth! of each door. that opens to a street, that is large enough such that no part of any doo, will encroach into the street right of way when the door is beina opened or closed. 4. For buildings that provide additional setbacks, except as restricted bv sectioH '18.28.050(F)(.2). the area between the street right of way and the building shall only contah! Ordinance No. 4914 18.28-6 Exhibit "A" $. If a building has more than two street frontages then at least two of the frontages; shall comply with Section t 8.28.050{F)(21&(7) and contain pedestrian amenities between tho building and the street right of way. Any remaining frontages shall either have pedestria,, amenities, windows, murals, flat surfaced art work or other similar architectural feature.- that would avoid large blank walls. 6. For new buildings that will infill bet'.':ccn two other existing buildings th,, new building shall be setback no further than either of the ad_iacent buildings unre~ additional setback is required to comply with section 18.28.050(F1~1). The propose~-~ setback shall be reviewed by the Planning Director to ensure the setback will maintai, building continuity_ along the street 7. Buildings shall have windows that encompass at least 60% of the first floor facade and at least 40% of the facade of each additional floor. At least 50% of the area of tho first floor windows of non-residential buildings shall provide visibility to the inside of the building, This subsection shall only apply to the facades, of new buildings, with street frontage an,! shall not lessen the reouirements of the Uniform Building or Fire Codes, 8. The building's Drinci~)al entrance shall be oriented to the street, If the building at a corner, either street or alley, then the princiDal entrance shall be at the corner unless , better architectural desitin is attained at another location and approved by the Planninu Director. 9, Buildings that are at the intersection of either two streets or a street and an alley shall ~3rovide for a sioht distance triangular setback as reguired by section 18.48.020(B)(1)(a.b), These triangular areas may contain pedestrian amenities that satisfy the re(]uirements of 10. A site plan shall be DreDared by the Drooonent which addresses compliance witl~ the re0uirements as outlined in section 18.28.050(F)(1-9). The site plan shall be approved by the Planning Director prior to the submittal of any building permit, Ordinance No, 4914 18.28-7 Exhibit "A" 11. For the sole nurposes of section 18.28.050~F} the term "street" shall include the right of way of orivate and oublic streets or alleys. The term shall al~,,, include r)edestrian walkways, encumbered by an easement or similar means, that ar(. used by the peneral public to travel from one _~ro=erty to another. Ordinance No. 4914 18.28-8 Exhibit "A" Chapter 18.50 LANDSCAPING AND SCREENING Sections: 18.50.010 18.50.020 18.50.030 18.50.040 18.50.050 18.50.060 Intent. Scope. Definitions. Types of landscaping. Regulations by zone. General landscape 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. 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 feu~t=.~n foundation_ or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the planning director. 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. Ground cover means Iow evergreen or deciduous plantings planted at three-foot spacing, in all directions; 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. 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 Ordinance No. 4914 Exhibit "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. 18.50.050 Regulations by zone. A. R-R, R-S, R-l, R-2, and R-3 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 District. 1. Street frontage: five-foot width of Type III; 2. Adjacent to R-R, R-S, R-l, or R-2 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 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-l, 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, C-1, C-2, C-N, P-1 Districts. 1. Street frontage: five-foot width of Type III; No street frontage landsca~)ing is reouired for the C-2 zone except for Darkino lots and as may be re(]uired bv sectiof~ 2. Adjacent to R-R, R-S, R-l, R-2 or R-3 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, RO, RO-H or R-MHP: 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-l, 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; Ordinance No. 4914 Exhibit "A" 4. Outdoor storage yards adjacent to any C, P, I or M-1 zone. F. M-I District. 1. Street frontage: 10-foot width of Type Ill, 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-l, 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 Ill. 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. 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-I, C-2, P-l, 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. 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 walk'ways 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. Ordinance No. 4914 Exhibit "A" 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 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 may 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) - (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; 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 Ordinance No. 4914 Exhibit "A" 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 ail 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. VVhen 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. Ordinance No. 4914 Exhibit "A"