HomeMy WebLinkAbout5193 1 ORDINANCE NO. 5 1 9 3
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING TITLE
$ 18, CHAPTER 18.28, RELATING TO LAND USE AND ZONING, ON AN
4 INTERIM BASIS, TO BE EFFECTIVE FOR A PERIOD OF UP TO ONE YEAR,
AND SETTING A DATE FOR A PUBLIC HEARING ON TME INTERIM ZONING.
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6 WHEREAS, the City of Auburn adopted a Comprehensive Plan
7 which complies with the Washington State Growth Management Act
on April 17, 1995; and
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9 WMEREAS, the Comprehensive Plan designates Downtown
]0 Auburn as a Special Planning Area; and
WHEREAS, preparation of a Downtown Plan has been underway
]2 since October 1997; and
WHEREAS, a Draft Auburn Downtown Plan dated October
1,1998 has been developed; and
15 WHEREAS, the current zoning designations within Downtown
will allow development that is incompatible with that Draft
Plan; and
]8 WHEREAS, RCW 36.70A.390 establishes a process whereby the
]9 City can establish interim zoning controls; and
20 WHEREAS, interim zoning can ensure that development that
21 occurs between now and plan adoption and implementation will
22 be compatible with that Plan; and
WHEREAS, this interim zoning is consistent with the
24 comprehensive plan; and
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Ord~¢¢ No. 5193
December 3, 1998
Page 1
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WHEREAS, this ordinance does not have an adverse
2 environmental effect.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. Chapter 18.28, relating to land use and
zoning is amended as set forth in Exhibit "A" attached hereto
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8 and incorporated by reference. These changes shall apply to
all properties designated as C-2 throughout the City.
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Section 2. This Ordinance shall remain in effect for
]0
11 twelve (12) months or until adoption of the Downtown Plan and
implementing ordinances, whichever is earlier. The process
for completing the Downtown Plan will include: conducting a
14 public process to receive additional community and property
15 owner input; preparation of proper environmental review
documents; development of policies directing the long term
17 growth and development of the area; and, implementation of
18 Area Zoning designating properties with zoning categories
19 consistent with the Downtown Plan.
20 Section 3. PUBLIC HEARING ON INTERIM ZONINg: Pursuant
to RCW 36.70A.390, the City Council shall hold a public
22 hearing on this interim zoning within sixty (60) days of its
23 adoption, or by February 5, 1999 and that a public hearing is
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Ord~ce No. 5193
December 3, 1998
Page 2
] set for January 19, 1999 at 7:30PM in the City Council
Chambers of the City of Auburn.
Section 4. The Auburn City Council finds that this
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ordinance is necessary to protect the public safety, health,
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and general welfare.
Section 5. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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Section 6. This Ordinance shall take effect and be in
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]! force five days from and after its passage, approval and
12 publication as provided by law.
Section 7. Severability. If any section, clause or
14 phrase of this Ordinance is for any reason held to be invalid
15 or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the
!7 remaining portions of this Ordinance, it being expressly
18 declared that this Ordinance and each section, clause or
19 phrase hereof would have been prepared, adopted and approved
20 irrespective of the fact that any one or more section, clause
or phrase be declared invalid or unconstitutional.
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Ordinate No. 5193
December 3, 1998
Page 3
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2 INTRODUCED: December 7, 1998
-~ PASSED: December 7, 1998
APPROVED: December 7, 1998
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8 CI-I~R¥,ES A. BOOTH
MAYOR
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ATTEST:
]!
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'Daniel]-e E. Daskam,
14 City Clerk
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17 APPROVED AS TO FORM:
9] t
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24 PUBLISHED:
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Ordinance No. 5
December 3, 1998
Page 4
EXHIBIT A
Chapter 18.28
C-2 CENTRAL BUSINESS DISTRICT
Sections:
18.28.010 Intent.
18.28.020 Permitted uses.
18.28.030 Uses requiring permit.
18.28.040 Development standards.
18.28.050 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-premises 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.
(Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.}
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 multistory
building the ground floor of which must contain a permitted use
as listed in ACC 18.28.020(B) through (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;
F. Caretaker apartment;
G. Civic, social, and fraternal clubs;
~. Daycare, including home based, mini daycare, daycare
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:
1. Antiques,
2. Art supplies,
3. Automobiles parts and accessories, excludes service and
machine shops,
4. Baked goods,
5. Beverages,
6. Bicycles,
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, plumbing,
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, preprocessed,
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;
DD. Religious institutions;not includinq:camp meetinq qrounds,
recreational complexes, retreat houses, sleepinq/livinq quartern
for those not employed on the premises, bible camps with live-in
Quarters. Dublishlnq extablishments, ritual slauqhter houses, and
theoloqical seminaries.
EE. Restaurants, including outdoor seating, but excludes
drive-in facilities. Sale of alcoholic beverages is secondary use
and is limited to on-premises consumption;
FF. Schools, including art, business, barber, beauty, dancing,
martial arts and music;
GG. Secretarial services;
HH. Theaters, except drive-in;
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. (Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
JJ. Commuter rail stations and bus transfer stations.
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 ACC:
A. Apartments, no density limitations are applied;
B. Arcades;
C. Drive-in facilities, including banks and restaurants;
D. Government facilities, this excludes offices and related
uses that are permitted outright; E. Taverns;
F. Utility substations. (Ord. 4914 ~ 1, 1996; Ord. 4229 § 2,
1987.)
18.28.040 Development standards.
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: four stories not to exceed 45
feet.
F. Minimum yard setbacks: none required, see ACC 18.28.050(F)
for specific building orientation.
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. (Ord. 4914 ~ 1, 1996; Ord.
4229 § 2, 1987.)
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 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 daycares.
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 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 criteria (Chapter 70.105
RCW).
F. Building Orientation Requirements. The following
requirements 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 requirements regardless of the amount of improvements made
to the building, structure or facade as long as any alteration
does not make the existing facade more nonconforming.
Existing buildings, structures, or facades that have
sufficient setbacks to comply with the following requirements
shall be required to do so when any cumulative improvement
exceeds 50 percent of the assessed value of the building,
structure, or facade or any structural changes are 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 square foot of ground area for each
lineal foot of building frontage. Pedestrian amenities shall
consist of such features as landscaping, benches, entry ways with
accents such as brick pavers, art work, or a combination of these
or similar features. The pedestrian amenities shall be located on
the property between the street right-of-way and the building.
The planning director shall approve the amount and type of the
pedestrian amenities.
2. For buildings that have a street frontage that exceeds 50
feet then at least 25 percent 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 no pedestrian amenities will be required. There
shall however be provided a landing in front of each door that
opens to a street, that is large enough such that no part of any
door will encroach into the street right-of-way when the door is
being opened or closed.
4. For buildings that provide additional setbacks, except as
restricted by subsection (F) (2) of this section, the area between
the street right-of-way and the building shall only contain
pedestrian amenities.
5. If a building has more than two street frontages then at
least two of the frontages shall comply with subsections (F) (2)
and (F)(7) of this section and contain pedestrian amenities
between the buildinG and the street right-of-way. Any remaining
frontages shall either have pedestrian amenities, windows,
murals, flat surfaced art work or other similar architectural
features that would avoid large blank walls.
6. For new buildings that will infill between two other
existing buildings the new building shall be setback no further
than either of the adjacent buildings unless additional setback
is required to comply with subsection (F) (1) of this section. The
proposed setback shall be reviewed by the planning director to
ensure the setback will maintain building continuity along the
street.
7. Buildings shall have windows that encompass at least 60
percent of the first floor facade and at least 40 percent of the
facade of each additional floor. At least 50 percent of the area
of the first floor windows of nonresidential buildings shall
provide visibility to the inside of the building. This subsection
shall only apply to the facades, of new buildings, with street
frontage and shall not lessen the requirements of the Uniform
Building or Fire Codes.
8. The building's principal entrance shall be oriented to
the street. If the building is at a corner, either street or
alley, then the principal entrance shall be at the corner unless
a better architectural design is attained at another location and
approved by the planning director.
9. Buildings that are at the intersection of either two
streets or a street and an alley shall provide for a sight
distance triangular setback as required by ACC 18.48.020(B)(1) (a)
and (B) (1) (b). These triangular areas may contain pedestrian
amenities that satisfy the requirements of subsection (F) (1) of
this section.
10. A site plan shall be prepared by the proponent which
addresses compliance with the requirements as outlined in
subsections (F) (1) through (F) (9) of this section. The site plan
shall be approved by the planning director prior to the submittal
of any building permit.
11. For the sole purposes of this subsection F the term
"street" shall include the right-of-way of private and public
streets or alleys. The term shall also include pedestrian
walkways, encumbered by an easement or similar means, that are
used by the general public to travel from one property to
another. (Ord. 4914 § 1, 1996; Ord. 4294 § 3, 1988; Ord. 4229 §
2, 1987. )