HomeMy WebLinkAbout5690 ORDINANCE NO. 5690 (corrected)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
18.32.040, AND 18.34.040 OF THE AUBURN CITY CODE,
AND CREATING NEW SECTIONS 18.04.808 AND
18.48.150 OF THE AUBURN CITY CODE, ALL RELATING
TO SECURE COMMUNITY TRANSITION FACILITIES
WHEREAS, in 2001 and 2002 the Washington State legislature passed 3ESSB
6151 and ESSB 6594 requiring local governments in certain counties to identify Secure
Community Transition Facilities for the placement of sexual offenders as essential
public facilities under the Growth Management Act; and
WHEREAS, cities and counties have until September 1,2002, to development
regulations related to the siting of Secure Community Transition Facilities; and
WHEREAS, to comply with the requirements of 3ESSB 6151 and ESSB 6594 the
Planning Department prepared amendments to the City of Auburn Zoning Code
pertaining to Secure Community Transition Facilities; and
WHEREAS, the environmental impacts of the proposed zoning code
amendments were considered in accordance with procedures of the State
Environmental Policy Act and a Final Determination of Non-Significance was issued on
the proposal on June 13, 2002; and
WHEREAS, prior to adoption the proposed zoning code amendments were
transmitted to the Washington State Office of Community Development and other State
agencies for the 60 day review period in accordance with RCW 36.70A.106 with the 60
day review period having been concluded on August 2, 2002; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the Auburn Planning Commission on July 2,
Ordinance No. 5690
September 16, 2002
Page 1
2002 opened a public hearing on the proposed zoning code amendments and continued
said hearing to July 9, 2002, and August 6, 2002, to provide for additional public
notification and comment; and
WHEREAS, the Auburn City Planning Commission heard public testimony and
took evidence and exhibits into consideration of said proposed zoning code
amendments and on August 6, 2002, made a recommendation to the City Council; and
WHEREAS, on August 12, 2002, the Planning and Community Development
Committee of the Auburn City Council reviewed the Planning Commission's
recommendations and forwarded a recommendation on to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION ONE. AMENDMENT OF CITY CODE. Section 18.32.040 of the
Auburn City Code is amended to read as follows:
18.32.040 Uses requiring conditional use 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. Automobile sales new and/or used to include passenger trucks and recreational
vehicles;
B. Automobile and truck rental;
C. Commercial recreation, including animal race tracks;
D. Heliports;
E. IIeavy equipment sales, limited to new equipment with used equipment being a
secondary use;
F. Government facilities;
G. Motels;
II. Outside storage or other outside uses that are supplemental to a permitted use, limited
to 50 percent of the floor area of the associated building or is not located to the rear of thc
property or abuts a street;
I. Radio and television transmitting towers;
J. Shopping centers, must involve a minimum of 250,000 square feet of floor area;
K. Utility substations, unless clearly incidental and part of a permitted use. Then the
substation shall be permitted outright;
L. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of
floor area;
Ordinance No. 5690
September 16, 2002
Page 2
M. Religious institutions, to be located in existing facilities only;
N. Work release, prerelease or similar facilities offering alternatives to imprisonment
under the supervision of a court, state or local government agency, and meeting the standards
established under ACC 18.48.090;
O. Adult uses. (Ord. 4910 § l, 1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 § 1(17),
1988; Ord. 4229 § 2, 1987.)
P. Secure Community Transition Facilities meeting the standards established under ACC
18.48.150 and RCW 71.09.
SECTION 'I-VVO. AMENDMENT OF CITY CODE. Section 18.34.040 of the
Auburn City Code is amended to read as follows:
18.34.040 Uses requiring a conditional use permit.
The following uses may be permitted in an M-2 district when a conditional use permit
has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Animal auction houses;
B. Automobile sales new and/or used to include passenger trucks and recreational
vehicles;
C. Automobile wrecking and salvage;
D. Animal and food processing including the following:
1. Tanning and dressing of hides,
2. Rendering of animal or fish grease or tallow,
3. Animal slaughtering,
4. Curing, canning, freezing, and processing of meat and seafood,
5. Pickling and brine curing;
E. Asphalt batch plants;
F. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum, gas and
similar products, unless clearly incidental and secondary to support a principally permitted use;
G. Bulk storage of explosives and fireworks;
H. Concrete mixing and batching plants, including ready-mix concrete facilities;
I. Drive-in theaters;
J. Government facilities;
K. Heavy metal processing, including blast furnaces, drop forges, and similar heavy
metal operations;
L. Heliports;
M. Manufacture of:
1. Ammunition and explosives,
2. Paving and roofing materials or other products from petroleum derivatives;
N. Motels;
O. Processing or pulping of wood or other fibers;
P. Radio and television transmitting towers;
Q. Rock crushing plants;
R. Refining of materials such as petroleum, metals and ores, fats and oils;
S. Salvage yards for the storage of metals, paper, glass, rags, building materials, and
similar activities;
T. Taverns;
Ordinance No. 5690
September 16, 2002
Page 3
U. Utility substations, unless clearly incidental and part of a permitted use. Then the
substation shall be permitted outright;
V. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of
floor space;
W. Solid waste processing facility;
X. Off-site hazardous waste treatment and storage facilities subject to compliance with
the state siting criteria (Chapter 70.105 RCW);
Y. Commercial recreation, including animal racetracks;
Z. Adult uses. (Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4294 § 4, 1988; Ord. 4262
§ 2, 1988; Ord. 4229 § 2, 1987.)
AA. Secure Community Transition Facilities meeting the standards established under
ACC 18.48.150 and RCW 71.09.
SECTION THREE. NEW SECTION OF CITY CODE. A new Section 18.04.808
of the Auburn City Code is created to read as follows:
18.04.808 Secure Community Transition Facility.
"Secure Community Transition Facility" means a residential facility for persons civilly
committed under RCW 71.09: Sexually Violent Predators, who are conditionally released under
said chapter to a less restrictive alternative (to total confinement or emprisonment). A secure
community transition facility has supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community transition facilities include but
are not limited to the facilities established pursuant to RCW 71.09.250 and any community-
based facilities established under this chapter and operated by or under contract with the
Washington State Department of Social and Health Services.
SECTION FOUR. NEW SECTION OF CITY CODE. A new Section 18.48.150
of the Auburn City Code is created to read as follows:
18.48.150 Secure Community Transition Facilities
The following siting and performance standards shall apply to all Secure Community
Transition Facilities (SCTF) as defined in RCW 71.09.020:
A. Maximum number of residents: No SCTF shall house more than 15 persons, excluding
resident staff.
B. Siting Criteria: As an Essential Public Facility of regional or statewide importance, any
SCTF shall be sited consistent with the essential public facilities process in the Auburn
Comprehensive Plan and shall be located in the Region Serving Area of Auburn, as defined
and mapped in the Auburn Comprehensive Plan. This area is generally west of A Street SW
and Auburn Way, excluding the Downtown Planning Area. Such facilities should be located
in relationship to transportation facilities in a manner appropriate to their transportation
needs. Extensive buffering fi.om adjacent uses may be required.
C. Dispersion criteria:
1. The lot line of any new or expanding SCTF shall be located:
a. 1,000 feet or more fi.om any residential use; and
b. 1,000 feet or more fi.om any group residence facility as defined by ACC 18.04.440;
and
Ordinance No. 5690
September 16, 2002
Page 4
c. Not adjacent to a parcel containing nor within the line of sight of any of the
following:
(i) any accredited public, private or parochial school;
(ii) any religious institution in existence as of the effective date of this ordinance;
(iii) any public park, publicly dedicated trail, sports field, playground, or recreational
or community center;
(iv) any licensed daycare center, nursery school or preschool as defined by ACC
18.04.290;
(v) any school bus stop in existence at the time the facility is proposed;
(vi) any public library; and
(vii)any other facilities as identified by the State of Washington Department of Social
and Health Services following the hearings on a potential site as required in
RCW 71.09.315.
d. One mile or more from any work release, prerelease or similar facility.
2. The distances provided in this subsection shall be measured by following a straight line,
without regard to intervening buildings, from the nearest point of the property parcel
upon which the proposed use is to be located or expanded, to the nearest point of the
parcel of property or the land use district boundary line from which the proposed land use
is to be separated.
3. The "adjacent to a parcel containing nor within the line of sight" criterion is a minimal
guideline established to minimize the access between an SCTF and a "risk potential
activity" as defined in RCW 71.09.020. That criterion may be altered depending on
topographic conditions, size of parcels, or substantial intervening barriers to access (e.g.,
a fiver).
D. A conditional use permit application for an SCTF shall be accompanied by the following:
1. the siting process used for the SCTF, including alternative locations considered;
2. an analysis showing that utmost consideration was given to potential sites such that siting
of the facility will have no undue impact on any one racial, cultural, or socio-economic
group, and that there will not be a resulting concentration of similar facilities in a
particular neighborhood, community, jurisdiction, or region;
3. proposed mitigation measures;
4. a detailed plan that demonstrates how security for the facility and the residents will be
addressed, and how the security plans will be coordinated with local emergency
personnel;
5. a detailed plan on how the proposed operating rules for the facility will be developed and
coordinated with local emergency personnel; and
6. a schedule and analysis of all public input solicited or to be solicited during the siting
process, including assurance that comments are reviewed and adequately responded to;
and
7. a preliminary landscaping plan that shows how the proposal intends to meet the
requirements of the zone in which it is located, in order to comply with state regulations
for siting an SCTF and in order to provide appropriate visual separation between the
SCTF and neighboring land uses such that impacts to residents of an SCTF by
neighboring manufacturing uses are mitigated.
These proposed materials shall be reviewed by the planning director in consultation with
the chief of police and the city attorney. The planning director shall include in any
Ordinance No. 5690
September 16, 2002
Page 5
recommendation on the requested conditional use permit an analysis of the proposal as they may
relate to the findings of fact required under ACC 18.64.040.
SECTION FIVE. GENERAL SEVERABILITY. If any provision of this
Ordinance or the application thereof to any person or circumstance is held to be invalid,
the remainder of such code, ordinance or regulation or the application thereof to other
person or circumstances shall not be affected.
SECTION SIX. NO WAIVER PROVISION. The City Council does not, by
adoption of this ordinance, waive or relinquish its rights to challenge the validity of
Engrossed Substitute Senate Bill 6594.
SECTION SEVEN. IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
SECTION EIGHT. EFFECTIVE DATE. This Ordinance shall be in full force and
effect five (5) days after publication of the Ordinance Summary.
AUG I 9 200Z
INTRODUCED:
PASSED:
APPROVED: AUI~ ! 9 2§0Z
ATTEST: PETER B. LEWIS, MAYOR
banl~lle E. Daskam, City Clerk
Dan~e"l'B. I~eid, 'City A~or'~-ey~k"'""-.
PUBLISHED: o(2-,~) ..~ ~ ~
Note: This Ordinance is corrected from the version presented and adopted at the City
Council Meeting of August 19, 2002, in which there were some minor formatting errors.
However, the text of the above referenced code sections is unchanged from the
adopted Ordinance.
Ordinance No. 5690
September 16, 2002
Page 6