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Memorandum
TO: Planning and Community Development Committee
FROM: Kevin Snyder, AICP, Assistant Director
CC Dennis Dowdy, P.E., Public Works Director
Dennis Selle, P.E., City Engineer/Assistant Public Works Director
DATE: July 22, 2009
SUBJECT: DISCUSSION: Item D: Ordinance No. 6253 – Amendments to Chapter 18.04 - Definitions
and Chapter 18.26 - C-1 Light Commercial District
At the Committee’s special meeting on July 13, 2009, the Committee provided directions on text
amendment approach options presented by staff for amendments to Title 18 (Zoning) that would address
the current moratorium on the filing of applications for conditional use permits for multi-family
development in C-1 Light Commercial District. This moratorium was initially enacted by the Auburn City
Council’s passage of Resolution No. 4357 on May 19, 2008 that was subsequently extended by
Resolution No.
4412 on October 28, 2008 and again by Resolution No. 4472 on April 20, 2009 that expires on
October 20, 2009.
At the conclusion of the Committee’s discussion of the text amendment approach options,
Councilmember Wagner asked staff to prepare draft text amendment language for discussion at the July
20, 2009 Public Works Committee regular meeting. The Public Works Committee reviewed the draft text
th
amendment language at the July 20 meeting and did not have any substantive revisions. The Committee
discussed the concept of circulation planning as it related to a proposed standard for transportation
analysis. Staff identified that the concept of circulation planning is being incorporated into the
engineering design standards update and that because of the flexible language proposed for the
transportation analysis standard, a requirement for circulation planning could be imposed, if appropriate
and applicable.
The draft text proposed by staff for Committee review has four major components including:
Establishment of a new definition (Section 18.04.625) for Mixed Use Development Chapter 18.04
(Definitions);
Establishment of Mixed Use Development as a permitted use in Section 18.26.020 (Permitted Uses) in
the C-1 Light Commercial District;
Establishment of an allowance for multi-family development only as part of a mixed use development
as a permitted use in Section 18.26.020 (Permitted Uses) in the C-1 Light Commercial District; and,
Removal of apartments as a conditional use in Section 18.26.030 (Uses Requiring Permit) in the in the
C-1 Light Commercial District
Staff requests the Planning and Community Development Committee’s feedback and direction on the
draft text amendments.
ORDINANCE NO. 6 2 5 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTERS 18.26, OF THE AUBURN CITY CODE
AND CREATING A NEW SECTION 18.04.625 OF
THE AUBURN CITY CODE, RELATING TO ZONING
WHEREAS, by means of Resolution No. 4357 on May 12, 2008, Resolution
No. 4412 on October 28, 2008 and Resolution No. 4472 on April 20, 2009, the
Auburn City Council established and extended a moratorium on the filing of
applications for conditional use permits (CUPs) for property located in the R-2
Single Family District, the R-3 Two-Family (Duplex) Residential District and the C-
1 Light Commercial District within the City of Auburn, including, specifically, CUPs
pursuant to Section 18.14.030 of the Auburn City Code (ACC), paragraphs (C), (F)
and (H); CUPs pursuant to Section 18.16.030 ACC, paragraphs (G) and (J) for the
R-3 District; and CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the
C-1 District; and
WHEREAS, the City of Auburn Planning and Community Development
Committee has engaged during the moratorium period in a substantive
evaluation of issues and options pertaining to the filing of applications for
conditional use permits (CUPs) for property located in the R-2 Single Family
District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light
Commercial District within the City of Auburn; and,
WHEREAS, Section 2 (Terms of Moratorium Extension) of Resolution No.
4472 specifies that all or portions of the moratorium shall expire upon the effective
date of an Ordinance revising the provisions for CUPs in the R-2 Single Family
Ordinance No. 6253
July 16, 2009
Page 1 of 11
District, the R-3 Two-Family (Duplex) Residential District and the C-1 Light
Commercial District
WHEREAS, the City of Auburn City Council passed Ordinance No. 6245
on June 1, 2009 that addressed the status of CUPs specifically, CUPs pursuant to
Section 18.14.030 of the Auburn City Code (ACC), paragraphs (C), (F) and (H);
CUPs pursuant to Section 18.16.030 ACC, paragraphs (G) and (J) for the R-3
Two-Family (Duplex) Residential District; and,
WHEREAS, Ordinance No. 6245 re-designated the R-2 Single Family
District and the R-3 Two-Family (Duplex) Residential District to Residential – 7
Dwelling Units/Acre (R-7) and Residential-10 Dwellings Units/Acre (R-10),
respectively, specified that duplexes were a permitted use in the R-7 and R-10
zoning districts, specified that multiple family dwellings were prohibited in the R-7
zoning district and a conditional use in the R-10 zoning district, and specified that
professional offices were prohibited in the R-7 zoning district and a conditional use
in the R-10 zoning district provided that they were part of a mixed use
development and were not a home occupation; and,
WHEREAS, the Auburn City Council’s passage of Ordinance No. 6245
reduced the applicability of the moratorium established and extended by means
of Resolution No. 4357 on May 12, 2008, Resolution No. 4412 on October 28,
2008 and Resolution No. 4472 on April 20, 2009 on the filing of applications for
conditional use permits (CUPs) to only property located in the C-1 Light
Commercial District within the City of Auburn, including, specifically, CUPs
pursuant to Section 18.26.030 ACC, paragraph (A) for the C-1 District; and
Ordinance No. 6253
July 16, 2009
Page 2 of 11
WHEREAS, at a regularly scheduled meeting of the City of Auburn
Planning and Community Development Committee on July 13, 2009, the
Committee evaluated potential policy change options to address the processing
of CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the C-1 District,
and provided input and direction to City staff to initiate the processing of its
preferred option (s); and,
WHEREAS, the City of Auburn Public Works Committee reviewed a draft
of Ordinance No. 6253 at its regularly scheduled July 20, 2009 meeting and the
City of Auburn Planning and Community Development Committee reviewed a
draft of Ordinance No. 6253 at its July 27, 2009 regularly scheduled meeting;
and,
WHEREAS, the City transmitted written notice of its intent to amend ACC
18.04 (Definitions) and 18.04 (C-1 Light Commercial District) and requested
expedited review to the Growth Management Services Division of the
Washington State Office of Community, Trade, and Economic Development
(CTED) – to be known as the Washington State Department of Commerce
effective July 26, 2009 - pursuant to the requirements of RCW 36.70A.106, on
July 21, 2009, and did receive a receipt and acknowledgment letter from CTED
(Material ID # 14223)on ____ , 2009 indicating that the procedural requirement
of RCW 36.70A.106 for state agency notification had been complied with; and
WHEREAS, No comments regarding the proposed amendments have
been received from CTED or other state agencies; and
Ordinance No. 6253
July 16, 2009
Page 3 of 11
WHEREAS, the City issued a Determination of Non-Significance (DNS)
on ______, 2009 for the proposed amendments to Chapters 18.04 and 18.26
(City File Reference No. SEP09-0021; and
WHEREAS, the City of Auburn Planning Commission held a duly noticed
public hearing on the proposed amendments on August 4, 2009, and voted to
recommend adoption of the proposed amendments to the Auburn City Council;
and
WHEREAS, the City of Auburn Planning and Community Development
Committee voted at its regularly scheduled meeting on August 10, 2009 to
recommend adoption of Ordinance No. 6253 to the Auburn City Council; and
WHEREAS, the Auburn City Council’s adoption of Ordinance No. 6253 will
cause upon the effective date of said Ordinance the immediate expiration of
Resolution Nos. 4357, 4412 and 4472 pertaining to the filing of applications for
conditional use permits (CUPs) for property located C-1 Light Commercial District,
specifically, CUPs pursuant to Section 18.26.030 ACC, paragraph (A) for the C-1
District; and,
WHEREAS, the Auburn City Council finds that the proposed amendments
improve the readability and ease of use of the City Code, updates the technical
aspects of the code, and improves the City’s development review process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6253
July 16, 2009
Page 4 of 11
Section 1. Amendment to City Code.
That Chapter 18.26, C-1
Light Commercial District, of the Auburn City Code be and the same hereby is
amended to read as follows:
Chapter 18.26
C-1 LIGHT COMMERCIAL DISTRICT
Sections:
18.26.010 Intent.
18.26.020 Permitted uses.
18.26.030 Uses requiring permit.
18.26.040 Development standards.
18.26.050 Supplemental development standards.
18.26.010 Intent.
The intent and objective of this classification and its application is to
provide for the location of a grouping of uses which are considered
compatible uses having 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 represents the primary commercial designation for small to moderate
scale commercial activities and should be developed in a manner which is
consistent with and attracts pedestrian-oriented activities. This zone
encourages leisure shopping and provides amenities conducive to
attracting shoppers. (Ord. 4547 § 4 (Exh. B), 1992; Ord. 4229 § 2, 1987.)
18.26.020 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. Art, music and photography studios;
B. Automobile parking facilities;
C. Bakery and pastry shops, products made must be sold at
retail on premises;
D. Banking and related financial institutions, excluding drive-in
facilities;
E. Bowling alleys;
F. Caretaker apartment;
G. Civic, social and fraternal clubs;
H. 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;
Ordinance No. 6253
July 16, 2009
Page 5 of 11
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 home;
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. Automobile parts and accessories, excluding 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 house plants,
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,
Ordinance No. 6253
July 16, 2009
Page 6 of 11
25. Photographic equipment, including finishing,
26. Radio, television, and stereos,
27. Shoes,
28. Sporting goods,
29. Stationery,
30. Toys;
DD. Religious institutions;
EE. Restaurant, including outdoor seating, but excluding drive-in
facilities. Sale of alcoholic beverages is a 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;
JJ. Apartments, within the North Auburn Business Area as
established by Resolution 2283, provided they are located in a multistory
building and at least 50 percent of the gross floor area of the ground floor
must contain a permitted use or combination of uses, other than parking,
as listed in this section. The remaining 50 percent (or portion thereof) of
the ground floor may be apartments, conditionally permitted uses, lobby
area, recreation, or other uses needed to maintain the building. There are
no minimum lot area per dwelling unit density calculations to apply to
determine the maximum number of dwelling units allowed; rather, density
shall be limited by the application of other required development
regulations to the proposal including, but not limited to, off-street parking,
setbacks, and landscaping. ;
KK. Mixed Use Development provided that each use is a
permitted or conditional use within the zone;
LL. Multiple family dwellings as part of a mixed use development
provided that compliance to all of the following is demonstrated:
1. Multiple family dwellings shall only occur concurrent with or
subsequent to the development and construction of non-residential
components of the mixed use development; and,
2. Applications for mixed use development inclusive of multi-
family residential dwellings shall include transportation and traffic analyses
appropriate to the type and scale of the proposed development based on
the concurrent determination of the Planning Director and City Engineer.
The Planning Director and City Engineer may require the analysis to
address, including but not limited to, AM or PM traffic impacts or
circulation planning for motorized and non-motorized modes of travel and
connectivity or Transportation Demand Management (TDM) strategies;
and,
Ordinance No. 6253
July 16, 2009
Page 7 of 11
3. Applications for the mixed use development inclusive of
multi-family residential dwellings shall include written and plan information
demonstrating compliance to applicable design standards for mixed use
development contained in the City of Auburn Multi-Family and Mixed Use
Design Standards; and,
4. Applications for the mixed use development inclusive of
multi-family residential dwellings shall comply, as applicable, with the
neighborhood review meeting requirements of ACC 18.02.130
(Neighborhood Review Meeting).(Ord. 5666 § 1, 2002; Ord. 4547 § 4
(Exh. B), 1992; Ord. 4229 § 2, 1987.)
18.26.030 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; provided, that 1,200 square feet of lot area is
provided for each dwelling unit;
B.Arcades;
CB. Automobile sales and leasing, new and/or used, including
light pick-up trucks and vans but not including recreational vehicles or
heavy trucks, provided the following requirements are met:
1. The business shall be located on a major arterial as defined
by the city traffic plan;
2. No repairing, painting or body work shall be conducted
outside of a building;
3. If adjacent to an R zone, a sight-obscuring fence or
landscape screen shall be required;
4. A minimum of a 25-foot setback shall be required of any
building from any R zone;
5. Other landscaping or architectural improvements may be
required to ensure compatibility with present and potential C-1 uses in the
vicinity;
DC. Automobile service stations, provided they are located at the
intersection of two streets, one of which must be an arterial;
ED. Dance halls;
FE. Drive-in facilities, including banks and restaurants;
GF. Government facilities, excluding offices and related uses that
are permitted outright;
HG. Brew pubs;
IH. Utility substations;
JI. Household goods storage, provided the following
requirements are met:
1. No more than two main entrances and/or exits to the building
and access to the individual storage areas be from the inside of the
building;
Ordinance No. 6253
July 16, 2009
Page 8 of 11
2. Landscaping and architectural improvements required to
ensure compatibility with present and potential C-1 uses in the vicinity.
(Ord. 5383 § 1, 2000; Ord. 4547 § 4 (Exh. B), 1992; Ord. 4265 § 1, 1988;
Ord. 4229 § 2, 1987.)
18.26.040 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: 45 feet. Buildings within the
Auburn North Business Area, as established by Resolution 2283, may
exceed 45 feet if one additional foot of setback is provided from each
property line for each foot the building exceeds 45 feet in height.
F. Minimum yard setbacks:
1. Front: 20 feet.
2. Side, interior: none required.
3. Side, street: 15 feet.
4. Rear: none required.
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. 5666 § 2, 2002; Ord.
4547 § 4 (Exh. B), 1992; Ord. 4265 § 1, 1988; Ord. 4229 § 2, 1987.)
18.26.050 Supplemental development standards.
A. All uses shall be conducted entirely within a building or
structure except:
1. Automobile parking lots;
2. Automobile sales and leasing;
3. 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;
4. Outdoor seating for restaurants, theaters or other
entertainment;
5. Temporary uses as permitted by the hearing examiner,
building official, planning director or city engineer pursuant to applicable
ordinances;
6. Unloading and loading areas;
7. Utility substations;
8. Refuse containers;
9. 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
Ordinance No. 6253
July 16, 2009
Page 9 of 11
premises at retail. The floor area devoted to such repairing shall not
exceed 30 percent of the total floor area occupied by the particular
enterprises, 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). (Ord. 4547 § 4 (Exh. B), 1992;
Ord. 4294 § 3, 1988; Ord. 4229 § 2, 1987.)
Section 2. New Section to City Code.
That a new Section
18.04.625 – Mixed Use Development (Definitions) of the Auburn City Code be
and the same hereby is created to read as follows:
18.04.625 Mixed-Use Development.
“Mixed-Use Development” means a single unified development that
incorporates the planned integration of two or more different land uses
consisting of some combination of office, light industrial, hotel, retail,
entertainment, public uses, and residential uses. Mixed-use development
may be vertically oriented in one or more buildings, or geographically
distributed on a development site. When geographically distributed, the
different uses may be constructed concurrently or in separate phases, and
should incorporate common and/or complimentary features and/or
elements such as pedestrian walkways, access driveways, parking areas,
architectural themes, or other techniques that provide integration between
uses on the site.
Section 3. Implementation.
The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Ordinance No. 6253
July 16, 2009
Page 10 of 11
Section 4. Severability.
The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any 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.
Section 5.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: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
Ordinance No. 6253
July 16, 2009
Page 11 of 11