HomeMy WebLinkAbout5324 ORDINANCE NO. 5 3 2 4 ~ ~
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON EXTENDING
INTERIM ZONING OF C-2 (CENTRAL BUSINESS DISTRICT) ON
PROPERTIES WITHIN PORTIONS OF DOWNTOWN AUBURN, AND
EXTENDING AMENDMENTS TO TITLE 18, CHAPTER 18.28, AS DEFINED
WITHIN THIS ORDINANCE TO BE EFFECTIVE FOR A PERIOD OF UP TO
ONE YEAR, AND SETTING A DATE FOR A PUBLIC HEARING ON
EXTENSION OF THE INTERIM ZONING.
WHEREAS, the City of Auburn adopted a Comprehensive Plan which
complies with the Washington State Growth Management Act on April 17, 1995;
and
WHEREAS, the Comprehensive Plan designates Downtown Auburn as a
Special Planning Area; and
WHEREAS, preparation of a Downtown Plan has been underway since
October 1997; and
WHEREAS, a Draft Auburn Downtown Plan dated August 13, 1999 has
been developed; and
WHEREAS, the current zoning designations within Downtown will allow
development that is incompatible with that Draft Plan; and
WHEREAS, RCW 36.70A.390 establishes a process whereby the City
can establish interim zoning controls; and
Ordinance No. 5324
December 1, 1999
Page 1
WHEREAS, interim zoning can ensure that development that occurs
between now and plan adoption and implementation will be compatible with that
Plan; and
WHEREAS, this interim zoning is consistent with the comprehensive
plan; and
WHEREAS, this ordinance does not have an adverse environmental
effect; and
WHEREAS, the extension of interim zoning and amendments to Title 18
are deemed necessary, based on the following Findings of Fact.
FINDINGS OF FACT
1. Interim downtown zoning changes were established on December
7, 1998 by the City Council through the adoption of Ordinance Numbers 5193
and 5194 pursuant to RCW 36.70A.390. The area of C-3 to be rezoned in the
interim asC-2 was later revised by Ordinance Number 5210, as the result of
input at a public hearing held on January 19, 1999.
2. Work on the Downtown Plan is still ongoing. A draft Downtown
Plan, with Preliminary Environmental Impact Statement (EIS), was issued on
August 13, 1999. Once staff and task force comments are incorporated into the
draft, a final draft Plan and Draft EIS will be issued for public review.
Ordinance No. 5324
December 1, 1999
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. All properties lying within the area designated as
receiving the C-2 designation on an interim basis as adopted by Ordinance No.
5210, and set forth in Exhibit "A" attached hereto and incorporated by
reference, shall conform to the provisions of the C-2 (Downtown Business
District) zoning designation.
Section 2. Chapter 18.28, relating to land use and zoning is amended
as set forth in Exhibit "B" attached hereto and incorporated by reference. These
changes shall apply to all properties designated as C-2 throughout the City.
Section 3. This Ordinance shall remain in effect for 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 public process to receive additional community and
property owner input; preparation of proper environmental review documents;
development of policies directing the long term growth and development of the
area; and, implementation of Area Zoning designating properties with zoning
categories consistent with the Downtown Plan.
Section 4. PUBLIC HEARING ON EXTENSION OF INTERIM ZONING:
Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on
Ordinance No. 5324
December 1, 1999
Page 3
the extension of this interim zoning within sixty (60) days of its adoption, or by
February 4, 2000 and that a public hearing is set for January 3, 2000 at 7:30PM
in the City Council Chambers of the City of Auburn.
Section 5. The Auburn City Council finds that this ordinance is
necessary to protect the public safety, health, and general welfare.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 7. 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.
Section 8. Severability. If any section, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, it being expressly declared that this
Ordinance and each section, clause or phrase hereof would have been
prepared, adopted and approved irrespective of the fact that any one or more
section, clause or phrase be declared invalid or unconstitutional.
Ordinance No. 5324
December 1, 1999
Page 4
INTRODUCED: December 6, 1999
PASSED: December 6, 1999
APPROVED: December 6, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
Damelie E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 5324
December 1, 1999
Page 5
ATTACHMENT "A"
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~ HVY 18
DOWNTOWN ZONING
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Ordinance 5324 Exhibit B
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-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. 5324
Exhibit "B"
December 1, 1999
Page 1
F. Caretaker apartment;
G. Civic, social, and fraternal clubs;
H. Day-care, including home based, mini day-care, clay-
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:
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;
Ordinance No. 5324
Exhibit "B"
December 1, 1999
Page 2
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, 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.
DD. Religious institutions; not includinq: camp meeting
qrounds, recreational complexes, retreat houses,
sleepinq/livinq quarters for those not employed on the
premises, bible camps with live-in quarters, publishin~
establishments, ritual slaughter 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-premise
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.
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:
A. Apartments, no density limitations are appl'ied;
B. Arcades;
C. Drive-in facilities; including banks and restaurants;
Ordinance No. 5324
Exhibit "B"
December 1, 1999
Page 3
D. Government facilities, this excludes offices and
related uses that are permitted outright;
E. Taverns;
F. Utility substations.
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 (4) stories not to
exceed to forty-five (45) feet.
F. Minimum yard setbacks: none required. See Section
18.28.050(F) for specific building orientation.
G. Fences and hedges: see Chapter 18.48.
H. Parking: see Chapter 18.52.
I. Landscaping: see Chapter 18.50.
J. Signs: see Chapter 18.56.
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
Ordinance No. 5324
Exhibit "B"
December 1, 1999
Page 4
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 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% 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
Ordinance No. 5324
Exhibit "B"
December I, 1999
Page 5
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% 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 section
18.28.050(F)(2), 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 Section 18.28.050(F)(2)&(7)
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 section 18.28.050(F)(1).
The proposed setback shall be reviewed by the
Ordinance No. 5324
Exh~it "B"
December 1, 1999
Page 6
Planning Director to ensure the setback will
maintain 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 the 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 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 section
18.48.020(B)(1)(a,b). These triangular areas may
contain pedestrian amenities that satisfy the
requirements of section 18.28.050(F)(1).
10. A site plan shall be prepared by the
proponent which addresses compliance with the
requirements 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.
11. For the sole purposes of section
18.28o050(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.
Ordinance No. 5324
Exhibit "B"
December 1, 1999
Page 7