HomeMy WebLinkAboutITEM IV-AWASHINGTON
To: Public Works Committee
Memorandum
Planning and Development
Department
From: Stuart Wagner, Planner
CC: Elizabeth Chamberlain, AICP, Planning Manager
Date: May 16, 2011
Re: Mosby Farms Privately Initiated Zoning Code Amendments
Ordinance No. 6363 is scheduled as a discussion item for the May 16, 2011 Public Works
Committee meeting and as an action item for the Planning and Development Committee at their May
23, 2011 meeting. Enclosed is the agenda bill from the May 3, 2011 Planning Commission meeting
and Ordinance No. 6363 which amends the zoning code to allow for and regulate agricultural
enterprises in the RC, Residential Conservancy Zone.
Two individuals testified at the May 3~d hearing, Burr Mosby of Mosby Brother Farms and his agent
Lee Michaelis, Senior Associate/Planning Director of R.W. Thorpe & Associates, Inc. Both
individuals asked the Planning Commission for their support of the proposed code amendments and
Mr. Michaelis asked if the Planning Commission would consider changing a development standard,
related to signage. The Planning Commission discussed and recommended approval of the code
amendments, with a single change. The change they recommended is as follows:
One page 7 of the ordinance under Section 18.31.210.D.16.b ("Signs") - change 1.5 linear
feet" to "1 linear foot"
On May 9, 2011 the Planning and Community Development Committee reviewed the draft ordinance
and was satisfied with the code amendments and recommended changes. Staff is looking for any
comments or concerns the Public Works Committee has, which will be passed onto the Planning
and Community Development Committee when reviewing the final ordinance.
Exhibits
A. Draft Ordinance
B. Agenda Bill from Planning Commission meeting (5/3/11)
Page 1 of 1
I ORDINANCE No. 6363
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE
4 CITY OF AUBURN, WASHINGTON, CREATING
5 NEW SECTIONS 18.04.035, 18.04.036, 18.04.827,
6 18.04.894, 18.04.911 AND 18.31.210 OF THE
7 AUBURN CITY CODE AND AMENDING SECTIONS
8 18.07.020 AND 18.56.030 OF THE AUBURN CITY
9 CODE RELATING TO THE ESTABLISHMENT AND
10 REGULATION OF AGRICULTURAL ENTERPRISES.
11
12 WHEREAS, Burr Mosby of Mosby Brothers Farms, Inc., the applicant,
13 submitted a comprehensive plan policy/text amendment application and zoning
14 text amendment application on June 1, 2010 to acknowledge the
15 appropriateness of agricultural uses and limited retail uses that support
16 agricultural uses in the RC, Residential Conservancy Zone; and
17 WHEREAS, pursuant to Auburn City Code 18.68.020 any resident or
18 property owner of the city may petition the city to request an amendment to the
19 text of Title 18, Zoning; and
20 WHEREAS, changes to policy statements of the Comprehensive Plan
21 were approved by the City Council in December 2010 by Ordinance No. 6334;
22 and
23 WHEREAS, following public notice, the City of Auburn Planning
24 Commission held a public hearing on May 3, 2011, on proposed zoning text
25 amendments regarding the establishment and operation of Agricultural
26 Enterprises; and
27 WHEREAS, after fully considering the testimony and information
28 presented at the public hearing, on May 3, 2011, the Planning Commission made
Ordinance No. 6363
May 09, 2011
Page 1 of 14
I its recommendations for zoning text amendments to the City of Auburn City
2 Council; and
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WHEREAS, the City Council has reviewed and considered the Planning
Departments recommendations; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA),
with a final Determination of Non-Significance (DNS) issued on September 20,
2010; and
WHEREAS, the City Council finds that the proposal was received by State
agencies for the 60-day review period on March 24, 2011, also in accordance
with state law, RCW 36.70A.106.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. New Section Added to City Code. That new Sections
18.04.035, 18.04.036, 18.04.827, 18.04.894, 18.04.911, AND 18.31.210 of the
Auburn City Code are created to read as follows:
18.04.035 Agricultural enterprise
"Agricultural enterprise" means a business enterprise which is engaged in or
related to farming, agricultural production and other businesses and services supporting
and promoting agriculture practices and the practice of locally and regionally grown
foods. The term shall also include the following as agricultural enterprises:
A. "Agritourism" means a business enterprise activity that includes operation of a
working farm or any agricultural, horticultural or agricultural operation; that, while not
an exclusive function, is open to the public on at least a periodic basis for enjoyment,
recreation, personal entertainment, or education.
B. "Agricultural Entertainment" means any event or activity that allows for recreation,
entertainment, education and tourism in conjunction with agriculture support and
services associated with agricultural activities. The agricultural entertainment shall
be permitted in conjunction with support of the agriculture enterprise.
18.04.036 Agricultural store
Ordinance No. 6363
May 09, 2011
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"Agricultural store" means a retail food establishment, housed in a permanent
structure, whose primary economic activity is the sale of local and regional agricultural
products directly to local consumers and to tourists. Secondary economic activity
includes the sale of sundries, prepackaged food, bottled or canned beverages and
freshly prepared food and beverages for consumption on-site.
18.04.827 Special events
"Special events" means incidental use of a facility, which is otherwise allowed or
permitted in the zoning district, as a venue for hire for social gatherings. Special events
do not include marketing or promotional events that are part of the normal operation of
an agricultural enterprise or winery and directly related to products sourced from that
operation.
18.04.894 Tasting room
"Tasting room" means an additional location separate from, or on the same site
as, the production/manufacturing site, that allows customers to taste by the glass
samples of wine, or beer, or other alcoholic beverage and has a State of Washington
issued liquor license to operate a tasting room. In addition to sampling of alcoholic
beverages, a tasting room may include retail sales for off-premise consumption of wine
or beer, or other alcoholic beverage of its own production.
18.04.911 Winery
"Winery" means a facility where fruit or other ingredients are processed (i.e.
crushed, fermented, blended, aged. and/or, stored, bottled) and may include as
incidental and/or accessory to the principles use, a tasting room, food and beverage
service, places of public/private assembly and/or retail sales area.
18.31.210 Agricultural Enterprises Development Standards
A. Purpose
The purpose of this Chapter is to regulate the establishment and operation of
Agricultural Enterprises in order to maintain and preserve the lower density residential
character, integrity, environmental protection, and property values of the Residential
Conservancy (RC) zone in which they are located and the surrounding areas.
B. Applicability
The permit requirements and standards provided in this section apply to
Agricultural Enterprises where allowed in compliance with Chapter 18.07, Residential
Zones and meeting the definition of Agricultural Enterprises as provided in ACC
18.04.035. The development standards of the RC zone shall apply unless a different
standard applies with the supplemental development standards.
C. Uses
In pursuit of the above purpose, the following uses may be permitted when
directly related to, or in conjunction with, an Agricultural Enterprise under a unified
management or ownership and when an administrative or conditional use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC. An Administrative Use
Permit is required when 50 percent, or more, of the total site area is dedicated to active
agricultural production during the growing season, and with 52 or less Special Events
per calendar year. A Conditional Use Permit is required when less than 50 percent of
the total site area is dedicated to active agricultural production during the growing
season, or with more than 52 Special Events per calendar year.
Ordinance No. 6363
May 09, 2011
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1. Agricultural Crops and open field growing;
2. Agricultural Store;
3. Barns, Silos and related structures;
4. Caretaker quarters, not more than one per Agricultural Enterprise;
5. Catering Facilities that serve on-site visitors or uses agricultural products;
6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25
seats;
Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free
standing;
8. Education facilities providing courses related to agricultural production and/or
processing or promotion of locally and regionally grown food;
9. Farm stands, for the sale of agricultural products raised on the premises in
addition to agricultural products that are raised off site;
10. Greenhouses;
11. Keeping of livestock, fowl and rabbits or similar sized animals; provided that
an appropriate structure or enclosure is provided.
12. Museum and cultural facilities;
13. Outdoor Musical Entertainment (when it meets all requirements for the
business licensing of ACC 5.20.200);
14. Small Scale Food Processing or packaging of agricultural products;
15. Special Events - Special events include, but are not limited to, the following
activities where attendance exceeds 200 persons or more:
a) Weddings
b) Meetings
c) Receptions
d) Reunions
e) Tasting events for food or beverage
f) Private Parties
g) Concerts held within an enclosed building and thus are not subject to the
individual business licensing of ACC 5.20.200 for Outdoor musical
entertainment
h) Retreats
i) Other comparable events
16. Tasting room;
17. Tourist and Visitor Services;
18. Winery; and
19. The Planning Director may authorize uses under this definition other than
those which are listed, if the Planning Director determines the use is
consistent with the intent of the zone and is of the same general character of
the uses permitted within the zone. Further guidance on administrative
interpretations of land uses can be found in ACC 18.02.120.
D. Development Standards
1. Minimum Area. The minimum area devoted to an Agricultural Enterprise
business shall be a single parcel with a minimum of 10 acres in total site area
within the Residential Conservancy (RC) zone. Environmentally Critical
Areas are not counted toward total site area when determining whether an
Administrative or Conditional Use Permit is required.
Ordinance No. 6363
May 09, 2011
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2. Location. The proposed Agricultural Enterprise business shall have direct
access onto a Minor Arterial or higher classification street as determined by
the Planning Director and City Engineer.
3. Maximum Building Size. Each individual non-residential building, excluding
greenhouses, used in conjunction with the Agricultural Enterprise business
shall not exceed 5,000 square feet in gross floor area.
4. Lot Coverage. The combination of all buildings, to include greenhouses, on a
single site used in conjunction with the Agricultural Enterprise business shall
not exceed 15 percent of the total site area.
5. Maximum Impervious Area. The maximum impervious area shall not exceed
25 percent.
6. Setbacks. Structures for Agricultural Enterprises shall be located as follows:
a. Front setback: 35 feet
b. Rear Setback: 20 feet.
c. Interior Side Setback: 20 feet
d. Street Side Setback: 35 feet
Height. Maximum building height: 35 feet. Buildings may exceed 35 feet if
one foot of setback is provided from each property line for each foot the
building exceeds 35 feet.
8. Visual Impact. Activities and uses conducted in conjunction with the
Agricultural Enterprise must be located in such a manner that visual impacts
to adjoining properties that are used or zoned for residential uses are
reduced or avoided.
a. A Type III landscape Buffer ten feet in width shall be provided on-site
in those areas between the buildings and the property line.
b. Highly reflective building materials shall not be used on buildings.
9. Responsible Party. All components of the agricultural enterprise shall be
operated or maintained by the property owner, lease holder, or occupant of
the land upon which the primary associated agriculture, horticulture, or other
use is being conducted.
10. Hours of operation. Business activities involving the employment of offsite
workers; outside activities; the generation of any noise, light, dust, odor,
glare, or vibration detectable outside the business structure; and traffic,
including deliveries, shall only be conducted onsite between the hours of 7
a.m. and 10 p.m. or as may be specifically approved by a condition of
approval of the Administrative or Conditional Use Permit.
11. Parking and outdoor storage. All parking and outdoor storage areas used
exclusively for retail areas, within 50 feet from a property line shall be
screened from adjoining properties used or zoned for residential uses. If
existing topography and natural vegetation does not provide an adequate
visual barrier, additional screening may be required, to include installation of
landscape materials, walls or fencing.
12. Lighting. No lighting shall be directed onto adjoining properties used or
zoned for residential uses and not exceed 0.5 foot candle when measured at
the property line. Floodlights or other high-intensity lighting shall be
prohibited, unless specifically approved as part of a special event or outdoor
musical entertainment.
13. Refuse and Recycling. All refuse and recycling waste containers shall be
within refuse enclosures located in the rear of the building and be completely
Ordinance No. 6363
May 09, 2011
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screened from public view. All refuse enclosures shall be architecturally
compatible with the primary building.
14. Special Events. Special Events or similar activities may be held, as follows.
a. Up to 52 special events within a calendar year with the Administrative
Use Permit.
b. 52 or more special events within a calendar year shall require a
Conditional Use Permit.
c. Parking and Traffic Control - A parking and traffic control plan shall be
prepared by a licensed traffic engineer and required for all Agricultural
Enterprises conducting Special Events (as defined by ACC
18.04.827). The parking and traffic control plan shall be submitted for
review as part of the Administrative Use Permit or Conditional Use
Permit application and if satisfactory, must be approved by the
Planning and Development Director and the Public Works Director
prior to implementation. At a minimum, the parking and traffic control
plan shall contain the following:
i. A parking plan showing how adequate on- and off-site parking will
be available to the land use, and that no substantial conflict will
exist in the principal hours or periods of peak parking demands of
any land uses and special events which are proposed to share the
parking.
ii. A traffic control plan showing how traffic to and from the land use
and special events location(s) will be handled and what temporary
traffic control measures will be used to facilitate safe access to
and from the locations. The traffic control plan must include a
written description of the plan as well as a traffic control diagram
showing traffic control devices, directions of travel, and the
location and type of authorized personnel to direct traffic.
iii. A Contingency Plan for weather changes (relocation or
rescheduling of events; alternative parking areas; method of
notifying the public of changes) and for unanticipated increases in
traffic or parking.
iv. Other elements as determined necessary by the Planning and
Development Director and the City Engineer based on the specific
events, setting, and location.
15. Wineries. All wineries with or without tasting rooms shall:
a. Have adequate driveway access to a public street meeting the
requirements of a commercial driveway.
b. Provide adequate on-site parking in the amount of 1 parking stall for
every 500 square feet of gross floor area used specifically for the
winery.
c. Shall not exceed 5,000 square feet gross floor area with the tasting
room not exceeding 50 percent of the production area.
16. Signs. The following standards apply to Agricultural Enterprise uses within
the RC, Residential Conservancy Zone instead of ACC 18.56.040(A). The
other provisions of ACC 18.56, Signs, apply.
a. Freestanding Signs.
i. Total number permitted:
Ordinance No. 6363
May 09, 2011
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1. Two per frontage on a parcel having at least 500 feet of
frontage on a State Highway.
2. One per frontage on a Principal or Minor Arterial
ii. Maximum height:
1. 30 feet on a State Highway.
2. 22 feet on a Principal or Minor Arterial
iii. Maximum area:
1. 200 square feet, calculated at a rate of one square foot
of sign area for every two lineal feet of frontage. The
minimum entitlement for freestanding signs is 32
square feet for those sites without 64 feet of frontage.
iv. Multiple freestanding signs, if permitted, must be separated by
150 feet measured in a straight line distance.
b. Wall Signs.
i. Total number permitted: one sign per building frontage that
fronts a public right of way.
ii. Maximum area: 100 square feet per building frontage that
fronts a public right of way, calculated at a rate of one square
foot of sign area for ever( 1 5 linear one linear foot of
building frontage.
iii. Signs may be directly or indirectly illuminated.
c. Changing message center signs are allowed as part of an Agricultural
Enterprise and must comply with the sign regulations in ACC
18.56.030(F).
17. Additional permits and approvals. In addition to required land use permits, an
Agricultural Enterprise may be required to obtain licenses and permits from
other City and County Departments (e.g., business licenses from the City,
food service or sales licenses from the County Department of Public Health,
animal care licenses from the County Department of Public Health, etc.).
Section 2. Amendment to City Code. That sections 18.07.020 and
18.56.030 of the Auburn City Code is amended to read as follows:
18.07.020 Uses.
Table 18.07.020 Permitted Use Table - Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
A. Residential Uses.
Accessory dwelling units
P
P
P
P
X,
X,
X,
Accessory use, residential
P
P
P
P
P
P
P
Ordinance No. 6363
May 09, 2011
Page 7 of 14
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
Adult family home
P
P
P
P
P
P
P
Bed and breakfast
P
P
P
P
P
P
P
Boardinghouses (with three or more boarders)
X
X
X
X
C
C
C
Duplexes; provided, that minimum lot size of zoning designation is met
and subject to compliance with Chapter 18.25 ACC (Infill Residential
Development Standards)
X
X
A
P
P
P
X
Foster care homes
P
P
P
P
P
P
P
Group residence facilities or more residents)
X
X
X
X
C
C
C
Group residence facilities (6 or fewer residents)
P
P
P
P
P
P
P
Keeping household pets
PZ
P3
P3
P3
P3
P3
P3
Multiple-family dwellings
X
X
X
X
A
P
P
Neighborhood recreational buildings and facilities owned and managed by
the neighborhood homeowners' association
A'
A'
A'
A'
A'
P
P
Renting of rooms, for lodging purposes only, to accommodate not more
than two persons in addition to the immediate family
P
P
P
P
P
P
P
Residential care facilities including but not limited to assisted living
facilities, convalescent homes, continuing care retirement facilities
P
P
X
X
A
P
P
Single-family detached dwellings, new
P
P
P
P
P
P
X
Supportive housing, subject to the provisions of ACC 18.31.160
X
X
X
X
X
P
P
Swimming pools, tennis courts and similar outdoor recreation uses only
accessory to residential or park uses
P
P
P
P
P
P
P
Townhouses (attached)
X
X
X
X
P
P
P
B. Commercial Uses.
Commercial horse riding and bridle trails
A
X
X
X
X
X
X
Commercial retail, included as part of mixed-use development and not a
home occupation in compliance with Chapter 18.60 ACC
X
X
X
X
A
A
A
Ordinance No. 6363
May 09, 2011
Page 8 of 14
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
Daycare, limited to a mini daycare center. Daycare center, preschool or
nursery school may also be permitted but must be located on an arterial
X
A
A
A
A
A
A
Home-based daycare as regulated by RCW 35.63.185 and through receipt
of approved city business license
P
P
P
P
P
P
P
Home occupations subject to compliance with Chapter 18.60 ACC
P
P
P
P
P
P
P
Mixed-use development'
X
X
X
X
P
P
P
Nursing homes
X
X
X
X
C
C
C
Private country clubs and golf courses, excluding driving ranges
X
X
C
C
C
X
X
Privately owned and operated parks and playgrounds and not
homeowners' association-owned recreational area
X
A
A
A
A
P
P
Professional offices, included as part of mixed-use development and not a
home occupation in compliance with Chapter 18.60 ACC
X
X
X
X
A
A
A
C. Resource Uses.
Agricultural Enterprise: s
When 50 percent, or more, of the total site area is dedicated to active
agricultural production during the growing season, and with 52 or less
Ag
X
X
X
X
X
X
special events per calendar year.
When less than 50 percent of the total site area is dedicated to active
agricultural production during the growing season, or with more than 52
Cg
X
X
X
X
X
X
special events per calendar year.
Agricultural type uses are permitted provided they are incidental and
secondary to the single-family use:
Agricultural crops and open field growing (commercial)
P
X
X
X
X
X
X
Barns, silos and related structures
P
X
X
X
X
X
X
Commercial greenhouses
P
X
X
X
X
X
X
Keeping of livestock (excluding goats and swine), fowl and rabbits;
provided, that there shall not be more than one horse, cow, donkey or
P
P
X
X
X
X
X
Ordinance No. 6363
May 09, 2011
Page 9 of 14
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
other large animal, or four small animals such as sheep, or 12 poultry,
rabbits, or similar size animals per each acre of enclosed usable pasture
or roaming area. This acreage requirement is in addition to the minimum
lot size requirements of the zones
Pasturing and grazing
P
X
X
X
X
X
X
Public and private stables
P
X
X
X
X
X
X
Roadside stands, for the sale of agricultural products raised on the
premises. The stand cannot exceed 300 square feet in area and must
meet the applicable setback requirements
P
X
X
X
X
X
X
Fish hatcheries
C
X
X
X
X
X
X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs
X
X
X
X
A
A
A
Government facilities
A
A
A
A
A
A
A
Hospitals (except animal hospitals)
X
X
X
X
X
C
C
Municipal parks and playgrounds
A
P
P
P
P
P
P
Museums
X
X
X
X
A
A
A
Religious institutions, less than one acre lot size
A
A
A
A
A
A
A
Religious institutions, one acre or larger lot size
C
C
C
C
C
C
C
Transmitting towers
C
C
C
C
C
C
C
Type 1-D Wireless Communication Facility (see ACC 18.04.912(J))
P
P
P
P
P
P
P
Utility facilities and substations
C6
C6
C6
C6
C6
C6
C6
1 1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to
2 ACC 18.31.120.
3 2. No more than six pets allowed in the RC zone. This limit shall not include birds, fish or suckling
4 young of pets.
5 3. No more than four pets allowed in the R1 - R20 zones. This limit shall not include birds, fish or
6 suckling young of pets.
7 4. Individual uses that make up a mixed-use development must be permitted within the zone. If a
8 use making up part of a mixed-use development requires an administrative or conditional use
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permit, the individual use must apply for and receive the administrative or conditional use
approval, as applicable.
5. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge
zones is regulated by the King or Pierce County board of health, and property owners shall
comply with the provisions of the King County board of health code.
6. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
Administrative use permit not required when approved as part of a subdivision or binding site
plan
8. Agricultural Enterprise uses are subject to supplemental development standards under ACC
18.31.210 Agricultural Enterprises Development Standards.
(Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
18.56.030 General provisions, all districts [Effective before March 16, 2010.]
F. Changing Message Center Signs. Where permitted under this chapter, changing
message center signs shall comply with the following requirements; provided, that
changing message center signs that only display time and temperature or similar
public service information shall be exempt from these requirements.
1. Where Allowed. Changing message center signs shall only be allowed in the 1,
P-1, C-1, C-2, DUC, C-3, M-1, and M-2 zones. When part of an Agricultural
Enterprise, as defined by ACC 18.04.035, changing message center signs are
allowed in the RC zone.
a. In the I and C-1 zones, changing message center signs shall only be
allowed on frontages along a collector, minor or principal arterial street.
b. In the I zone, no changing message center sign shall operate between
the hours of 10:00 p.m. and 6:00 a.m.
C. In the DUC zone, changing message center signs shall only be allowed
when located adjacent and oriented to Auburn Way North/Auburn Way South
street frontages. (For other sign standards for the DUC zone, see ACC
18.29.060(1)).
2. Number. No more than one changing message center sign per street frontage
shall be permitted on each property.
3. Sign Face Area. Except in the I and P-1 zones, the changing message center
shall not constitute more than 75 percent of a sign's total sign face area.
4. Display.
a. The display of the sign shall not change more rapidly than once every one
and one-half seconds.
b. No scrolling message shall require more than five seconds to be
displayed in its entirety.
5. Light Levels.
a. Changing message center signs shall have installed ambient light
monitors and shall at all times allow such monitors to automatically adjust the
brightness level of the sign based on ambient light conditions.
b. At no time shall a changing message center sign be operated at a
brightness level greater than the manufacturer's recommended levels.
C. All lighting shall be arranged to reflect away from any residential zone.
The director shall have the authority to require a sign permit application include
information to ensure the intent of this requirement is met.
d. The brightness level shall not exceed 8,000 nits when measured from the
sign's face at its maximum brightness during daylight hours and 500 nits when
Ordinance No. 6363
May 09, 2011
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measured from the sign's face at its maximum brightness between dusk and
dawn.
6. On-Premises Advertising Only. Changing message center signs shall only
advertise on-premises products and services, or display public service messages
or messages on behalf of not-for-profit organizations.
Additional Requirements. A copy of the manufacturer's operating manual shall be
provided to the city upon request.
8. Amortization. All changing message center signs that do not comply with the
requirements of subsections (F)(4) and (5) of this section shall be brought into
compliance with those requirements by April 1, 2009.
18.56.030 General provisions, all districts [Effective March 16, 2010.]
F. Changing Message Center Signs. Where permitted under this chapter, changing
message center signs shall comply with the following requirements; provided, that
changing message center signs that only display time and temperature or similar
public service information shall be exempt from these requirements.
1. Where Allowed. Changing message center signs shall only be allowed in the 1,
P-1, C-1, C-2, DUC, C-3, M-1, and M-2 zones. When part of an Agricultural
Enterprise, as defined by ACC 18.04.035, changing message center signs are
allowed in the RC zone.
a. In the I and C-1 zones, changing message center signs shall only be
allowed on frontages along a collector, minor or principal arterial street.
b. In the I zone, no changing message center sign shall operate between
the hours of 10:00 p.m. and 6:00 a.m.
C. In the DUC zone, changing message center signs shall only be allowed
when located adjacent and oriented to Auburn Way North/Auburn Way South
street frontages. (For other sign standards for the DUC zone, see ACC
18.29.060(1)).
2. Number. No more than one changing message center sign per street frontage
shall be permitted on each property.
3. Sign Face Area. Except in the I and P-1 zones, the changing message center
shall not constitute more than 75 percent of a sign's total sign face area.
4. Display.
a. The display of the sign shall not change more rapidly than once every one
and one-half seconds.
b. No scrolling message shall require more than five seconds to be
displayed in its entirety.
5. Light Levels.
a. Changing message center signs shall have installed ambient light
monitors and shall at all times allow such monitors to automatically adjust the
brightness level of the sign based on ambient light conditions.
b. At no time shall a changing message center sign be operated at a
brightness level greater than the manufacturer's recommended levels.
C. All lighting shall be arranged to reflect away from any residential zone.
The director shall have the authority to require a sign permit application include
information to ensure the intent of this requirement is met.
d. The brightness level shall not exceed 8,000 nits when measured from the
sign's face at its maximum brightness during daylight hours and 500 nits when
Ordinance No. 6363
May 09, 2011
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measured from the sign's face at its maximum brightness between dusk and
dawn.
6. On-Premises Advertising Only. Changing message center signs shall only
advertise on-premises products and services, or display public service messages
or messages on behalf of not-for-profit organizations.
Additional Requirements. A copy of the manufacturer's operating manual shall be
provided to the city upon request.
8. Amortization. All changing message center signs that do not comply with the
requirements of subsections (F)(4) and (5) of this section shall be brought into
compliance with those requirements by April 1, 2009.
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.
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.
DATED and SIGNED this day of
INTRODUCED:
PASSED:
APPROVED:
2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6363
May 09, 2011
Page 13 of 14
APPROVED AS TO FORM:
2
4 Daniel B. Heid, City Attorney
6
7 Published:
Ordinance No. 6363
May 09, 2011
Page 14 of 14
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AGENDA BILL APPROVAL FORM
Agenda Subject
Date: April 26, 2011
ZOA10-0001, Mosby Brothers Farms Inc. Zoning Text Amendments
Department: Planning and
Attachments: Proposed draft code
Budget Impact: N/A
Development
amendments, Application, final SEPA
DNS.
Administrative Recommendation: Planning Commission recommends to City Council approval of the
Mosby Brothers Farms Inc. Zoning Text Amendments, as modified by staff.
Background Summary:
Burr Mosby of Mosby Brother Farms Inc. through his agent, Lee Michaelis of R.W. Thorpe and Associates
applied for both Comprehensive Plan and Zoning Amendments in June of 2010. Changes to the policy
statements of the Comprehensive Plan were approved by the City Council in December 2010 by
Ordinance No. 6334.
This staff report and recommendation addresses the follow-on "privately initiated" amendments to the Title
18 - Zoning of the Auburn City Code's to allow for and regulate the establishment and operation of
"agricultural enterprises" on properties with a zoning designation of RC, Residential Conservancy.
The proposed amendments will primarily affect three sections of the current zoning code as follows:
• Chapter 18.04 - Definitions (to provide a definition of the intended use)
• Chapter 18.07 - Residential Zones (to define whether the use is allowed through an administrative
or conditional use permit using the code's matrix format)
• Chapter 18.31 - Supplemental Development Standards (to provide additional standards to ensure
the use will be appropriate and compatible in the zoning district)
The May 3, 2011 Planning Commission meeting will involve a public hearing on the proposed code
amendments. The Planning Commission is advisory to the City Council and will make a recommendation
to the City Council.
Reviewed by Council & Committees:
❑ Arts Commission
COUNCIL COMMITTEES:
❑ Airport
❑ Finance
❑ Hearing Examiner
❑ Municipal Services
❑ Human Services
® Planning & Dev.
❑ Park Board
❑ Public Works
® Planning Comm.
❑ Other
Reviewed by Departments & Divisions:
❑ Building
❑ M&O
❑ Cemetery
❑ Mayor
❑ Finance
❑ Parks
❑ Fire
® Planning
❑ Legal
❑ Police
® Public Works
❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No
Referred to
Tabled
Call for Public Hearing
Until
Until
Councilmember: Staff: Stuart Wa ner
Meeting Date: May 3, 2011 Item Number:
Page 1 of 5
Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
A. Findings of Fact
Auburn City Code Chapter 18.68 outlines the process for the initiation of zoning text
amendments (public and private) and the public hearing process:
18.68.020 Initiation of amendments.
B. Text.
1. The city council, or planning and development committee of the city council, upon its
own motion may request the planning commission to conduct a public hearing to amend any
portion or all of this title; provided, that text amendments that are purely administrative or
procedural do not require a public hearing, nor do they require preliminary review or
recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend
any portion or all of this title, with the exception of purely administrative or procedural
amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the city
council who may or may not conduct a public hearing.
2. The applicant's agent submitted a comprehensive plan map amendment application and
zoning text amendment application on June 1, 2010. Changes to the policy statements of
the Comprehensive Plan were previously reviewed by the Planning Commission and
approved by the City Council in December 2010 by Ordinance 6334. These changes added
a policy to Chapter 2, General Planning Approach, and modified three existing policies
within Chapter 3, Land Use, of the City's Comprehensive Plan. The new policy statements
are found below:
• GP-31: The City should appropriately support local businesses that enhance the image
of the City through their contribution to economic vitality, educational, and historic value
of the community.
LU-14: Residential densities in areas designated "residential conservancy", which
represent areas that have environmental constraints or which promote protection of City
water sources, should be no greater than 1 dwelling unit per 4 acres until such time
public facilities are available. Where it is found through a land use approval process to
be supportive of the purpose of the "residential conservancy" designation, where it does
not substantially adversely impact the surrounding residential community and
demonstrates compliance to development standards specified in the zoning code,
agricultural uses and limited commercial uses in support of agricultural uses may be
allowed with appropriate environmental protection.
• LU-15: The area designated "residential conservancy" allows for a lifestyle similar to
that of rural areas since the lower density established protects the critical areas such as
the City's Coal Creek Springs watershed. A rural lifestyle generally includes allowance
of farm animals, streets not urban in character (e.g. no sidewalks, street lights), and
Page 2of5
Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
limited agricultural type uses. The "residential conservancy" also allows appropriate-
scale commercial activity in support of agricultural uses where it is found through a land
use approval process to be supportive of the purpose of the "residential conservancy"
designation, where it does not substantially adversely impact the surrounding residential
community and demonstrates compliance to development standards specified in the
zoning code.
LU-45: Limited agricultural uses and commercial uses (such as daycare centers) may
be permitted as a principal use, but only under appropriate conditions, by means of
conditional use or administrative use permits when landscaping and design features can
be used to minimize impacts on surrounding uses and the site is:
o Along the border of residential neighborhoods; or
o In specific areas where site specific conditions may limit the use of the site for
residential uses; or
o Along arterials transecting residential neighborhoods.
3. The application was submitted by Lee A. Michaelis, Senior Associate/Planning Director of
R.W. Thorpe & Associates, Inc., agent, on behalf of Burr Mosby of Mosby Brothers Farms
Inc., applicant on June 1, 2010.
4. The proposal, as described by the applicant, consists of the following 3 phases:
Phase /
Comprehensive Plan policy/text amendments to acknowledge appropriateness of
agricultural uses and limited retail uses that support agricultural uses.
The proposal also requests text changes to Title 18 (Zoning) of the Auburn City Code
(ACC). Specifically the proposal requests changes to ACC 18.07 (Residential Zones)
that will allow an Agricultural Enterprise (and uses directly related to) without the need
for a single family residence in the RC, Residential Conservancy Zoning District. Some
of the uses proposed in the application include:
Roadside agricultural stand exceeding 300 square feet, up to a maximum 5,000
square feet for products grown on and off site.
Agricultural crops and open field growing (pumpkin patch, cornfields, and education
gardens, vineyards).
• Gazebo/trellis for outdoor events such as weddings, reunions and large group
parties.
Winery-related building not too exceed 5,000 square feet
Phase 2
Submit building permits and necessary clearing and grading permits for the construction
of the farm stand, greenhouses, vineyard gazebo, and plantings for the open crop fields.
Also included with this phase would be the installation of necessary utilities and parking
needed to support the proposed uses.
Page 3of5
Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
Phase 3
The third phase would include the necessary permits for the construction of the
espresso/juice bar and winery and the installation of utilities and parking needed to
support the proposed uses.
5. Phase I consists of two distinct actions; policy/text amendments to the comprehensive plan
and text changes to the use and development regulations of the RC, Residential
Conservancy zoning district. The purpose of the comprehensive Plan policy/text
amendment was to provide a policy basis for the zoning regulation changes to ensure that
the Comprehensive plan and Zoning Ordinance are consistent as required by city code:
"ACC 14.22.050 Conformance and consistency.
The zoning, land division and other development codes contained or referenced within
Auburn City Code shall be consistent with and implement the intent of the
comprehensive plan. Capital budget decisions shall be made in conformity with the
comprehensive plan. "
6. The subsequent Phases 2 and 3 will be addressed by future applications submitted to the
City and will apply to the vacant site that the applicant currently leases that is located west
of the interchange of Auburn-Black Diamond Road SE and State Route 18, on the south
side of the Auburn-Black Diamond Road SE. The property is identified as tax parcel number
2121059160. The site is currently being farmed. This parcel has a comprehensive Plan
designation of "Residential Conservancy" and a zoning category of RC, Residential
Conservancy.
A Determination of Non-Significance (DNS) was issued on September 20, 2010 for CPA10-
0001 and ZOA10-0001, Mosby Brothers Farms Inc. Comprehensive Plan and Zoning Text
Amendments under file No. SEP10-0013. No comments were received or appeals were
filed.
8. Pursuant to RCW 36.70A.106, the proposed zoning text amendments were sent to the
Washington State Department of Commerce and other state agencies as required for the
60-day state review. No comments were received from Commerce or other state agencies
as of the writing of this report.
9. On February 28, 2011, the Planning and Community Development Committee (PCDC) held a
discussion on Agricultural Enterprises together with an overview of the proposed code
amendments.
10. The public hearing notice was published on April 2011 in the Seattle Times at least 10-
days prior to the Planning Commission public hearing scheduled for April 19, 2011. This
public hearing item was rescheduled to the Tuesday, May 3, 2011 Planning Commission
meeting. The public hearing notice for this new hearing date was republished in the Seattle
Times on April 18, 2011.
B. Conclusions
The following discusses the zoning text amendments proposed by Burr Mosby of Mosby Brother
Farms Inc., scheduled for the Planning Commission's May 3, 2011 public hearing with a staff
recommendation.
Page 4of5
Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Date: April 26, 2011
Amendments
The proposed zoning text amendments were modified after a discussion was held with the
Planning Commission on April 3, 2011. These modifications were based on feedback
received from the Planning Commission, questions asked of staff by the Commissioners,
continued discussions with the applicant, and input from the Planning Director. All
modifications are shown within the proposed code amendments as strike (removed)
and underlines (new). Notable changes include moving the list of allowed uses from the
Agricultural Enterprises definition to the Supplemental Development Standards Chapter,
changing the definition for "Tasting room" which aligns closer to the Washington State
Liquor Board definition of a tasting room, adding a new definition for "Agricultural Store",
changing the maximum areas for lot coverage and impervious surfaces, and modifying a
section of the sign code that addresses changing message center signs.
2. The zoning text amendments as proposed by the applicant, and subsequently modified by
staff, can be supported by the City of Auburn Comprehensive Plan. The proposed
amendments implement the comprehensive plan policies referenced above by allowing for
agricultural uses and limited commercial uses in support of agricultural uses as a principal
use within the RC, Residential Conservancy zoning district. The amendments also establish
a land use approval process (administrative or conditional use permit) on all Agricultural
Enterprises, together with a set of development standards that need to be adhere to, in
order to minimize impacts on surrounding uses with a "Residential Conservancy"
Comprehensive Plan designation. Staff has conducted a review of the Comprehensive Plan
in light of the proposed amendments and has not identified any areas of conflict or
inconsistency.
3. The proposed text amendments will create new definitions in the zoning code, add
"Agricultural Enterprise" as a use to the Residential Permitted Use Table (ACC 18.07.020),
and create new development standards to regulate the establishment and operation of
Agricultural Enterprises. Together these new development regulations will assist in
maintaining and preserving the lower density residential character, integrity, environmental
protection, and property values of the Residential Conservancy (RC) zone where they will
be located on, as well as the surrounding areas.
C. Staff Recommendation
Planning Commission recommends to City Council approval of the Mosby Brothers Farms Inc.
Zoning Text Amendments, as modified by staff.
Exhibits
A. Proposed Code Amendments - Draft Form
B. Master Land Use Application
C. Notice of Application
D. Determination of Non-Significance
E. Public Hearing Notices
F. 60-day State Review - Department of Commerce
G. Recent Correspondence (R.W. Thorpe & Associates)
Page 5of5