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HomeMy WebLinkAbout6435 ORDINANCE NO. 6 4 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER, 18.57 TO THE AUBURN CITY CODE - "STANDARDS FOR SPECIFIC LAND USES," RELATING TO ZONING WHEREAS, from time to time, amendments to the City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the proposed zoning code amendments will add specific standards for certain land uses within individual or multiple non-residential zones to mitigate their potential adverse impacts; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on October 2, 2012, on the proposed code amendments regarding commercial and industrial zones, special purpose zones and standards for specific land uses; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on October 2, 2012, the Planning Commission made its recommendations for code amendments to the City of Auburn City Council; and WHEREAS, the City Council has reviewed and considered the Planning Commission 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 July 16, 2012; and Ordinance No. 6435 October 30, 2012 Page 1 of 1 4 WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60-day state review; and WHEREAS, no comments regarding the proposed zoning code amendments have been received from the Department of Commerce or other state agencies; and WHEREAS, the City Council finds that the proposed amendments improve the readability and use of the City Code, updates technical aspects of the code, improves the City's development review process, and promote sustainability concepts where feasible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Chapter to City Code. That a new Chapter 18.57 "Standards for Specific Land Uses" is added of the Auburn City Code to read as follows: CHAPTER 18.57 STANDARDS FOR SPECIFIC LAND USES Sections: 18.57.010 Intent. 18.57 015 Applicability 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. 18.57 025 Recreation, Education and Public Assembly 18.57 030 Residential. 18.57.035 Retail. 18.57.040 Services. 18.57 045 Transportation, Communication and Infrastructure. 18.57 050 Vehicle Sales and Services. Ordinance No 6435 October 30, 2012 Page 2 of 14 18.57.010 Intent. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts. 18.57.015 Applicability The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Code. The standards for specific land uses in this Chapter supplement and are required in addition to those in ACC 18.23 040 and ACC 18.35.040 — Development standards. 18.57.020 Industrial, Manufacturing and Processing, Wholesaling. A. Outdoor storage, incidental to principal permitted use on property 1 C-3 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure, provided also that for corner lots no outdoor storage is allowed between a building and a side street lot line. For through lots, the location for outdoor storage shall be determined by the planning director c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on undeveloped lots. e. Outdoor storage shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, through an administrative variance, subject to the procedures of Chapter 18.70.015 (A)(2). f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040.C(5) g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition. i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted. 2. M-1 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. 3. EP Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 15 percent of the lot. b. Meet requirements b through j of ACC18.57.020(A)(1) C-3 Zone, above. Ordinance No. 6435 October 30, 2012 Page 3 of 14 4 M-2 Zone Outdoor storage is subject to the following requirements: a. Outdoor storage shall be landscaped in accordance with ACC 18.50 040.C(5). b. Outdoor storage shall not be permitted on undeveloped lots. c. Outdoor storage shall be limited to 30 feet in height. B Storage - Personal storage facility (mini-storage) 1 All Zones where permitted a. The design of facades, landscaping and lighting of premises shall be compatible with the intent of the applicable district. b. Storage unit doors shall be screened or located so as to not be visible from residential property c. There shall be no outside storage of goods or materials of any type at the personal storage facility except that of wheeled vehicles (recreational vehicles, campers, trailers, trailer-mounted boats, motorized vehicles, etc. — but not inoperable motor vehicles). Such vehicles may be stored in areas that have been specifically designated and set aside for such use, in accordance with the following: i. Vehicles shall be screened from view of public, residential and other commercial property with sight-obscuring fencing or berms at least eight (8) ft in height. When berms are used they shall be landscaped with shrubbery and/or trees. ii. Storage of recreational vehicles and trailer mounted boats shall not occur in required parking spaces, drives and/or lanes between storage buildings, parking lanes, or within required building setbacks. iii. No vehicle or boat maintenance, washing, or repair shall be permitted. d. Storage units shall not be used for manufacturing, fabrication, processing of goods, conducting servicing or repair; nor used to conduct garage sales or retail sales; nor conduct any other commercial or industrial activity C Warehousing and distribution 1 All Zones where permitted a. Motor freight transportation is permitted but only as an incidental use to the principal use of the property b. Loading and unloading docks shall not be visible from the street. If this requirement cannot be met an additional 10-foot width of landscaping along the abutting street, meeting the provisions of ACC 18.50.040 C (Landscape Design and Planting Requirements), is required. c. All odors, noise, vibrations, heat, glare, or other emissions shall be controlled within the confines of a building unless specifically permitted elsewhere by this title. d. 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). 18.57.025 Recreation, Education and Public Assembly A. Commercial recreation facility, outdoor Ordinance No. 6435 October 30, 2012 Page 4 of 14 1 All Zones where permitted a. Facility shall not be located within three hundred (300) feet of an existing residential zone. The planning director may allow a reduction in this setback, not to exceed a minimum setback of 50 feet, after review of an acoustic study completed by a licensed professional showing that the facility would not exceed maximum noise levels permissible in identified environments as determined by Chapter 173-60 WAC, as amended. b. The planning director may require an acoustic study for any proposed facility which could have or create a noise exposure greater than that deemed acceptable. Upon review of the study, increased setbacks, noise avoidance or mitigation measures may be imposed. c. Outdoor speakers and sound amplification shall not be permitted for uses immediately next to residential uses. d. Access to such facilities shall be from a public arterial or collector road as defined on the currently adopted City of Auburn Street Functional Classification Map. 18.57.030 Residential A. Multiple-family dwellings as part of a mixed-use development; 1 C-1 Zone Multiple-family dwelling as part of a mixed-use development is allowed provided, that compliance to all of the following is demonstrated: a. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixed-use development; b. Applications for mixed-use development inclusive of multiple-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, a.m. or p.m. traffic impacts; and/or area circulation planning for motorized and nonmotorized modes of travel and connectivity; and/or transportation demand management (TDM) strategies; c. Applications for the mixed-use development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed-use development contained in the city of Auburn multifamily and mixed-use design standards; d. Applications for the mixed-use development inclusive of multifamily residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 (Neighborhood review meeting); e. Mixed-use development comprised of a maximum of one building on a development site shall have the entire ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally; provided, that uses normal and incidental to the building, including, but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other Ordinance No. 6435 October 30, 2012 Page 5 of 14 normal and incidental uses shall occupy a maximum of 50 percent of the ground floor space; and f Mixed-use development that is geographically distributed on a development site amongst two or more buildings shall have a minimum of 50 percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally 2. C-2 Zone Multiple-family dwellings are permitted as part of a mixed-use development provided they are: a. Located in a multistory building the ground floor of which must contain a permitted use listed in the land use table found under ACC 18.23.030 - "Permitted, Administrative, Conditional and Prohibited Uses by Zone" No density limitations shall apply 3. C-3 Zone Multiple-family dwellings are permitted as part of a mixed-use development provided 1200 square feet of lot area is provided for each dwelling unit. 4 C-4 Zone Multiple-family dwellings are permitted provided they are: a. Located in a multistory building and the ground floor must contain a permitted use or combination of uses, other than parking facility b. An exception to this ground floor commercial requirement is allowed for uses accessory to the upper story residential at a rate of 1,500 square feet of area per upper story of residential. The ground floor areas accessory to the upper story residential may include, but are not limited to, entry space, lobby, hallway, mail areas. The 1,500 square feet of upper floor area does not include exiting required to meet applicable building and fire codes. 5. M-1 Zone Multiple-family dwellings are permitted as part of a mixed-use development, provided they are: a. Located in a multi-story building the ground floor of which must contain one of the retail or service uses listed in the land use table found under ACC 18.23.030 - "Permitted, Administrative, Conditional and Prohibited Uses by Zone" The ground floor may contain entrance and lobby areas which serve the dwellings. B. Multiple-family dwellings, stand alone 1 C-3 Zone Multiple-family dwellings are permitted provided; a. 1200 square feet of lot area is provided for each dwelling unit; and b. The multiple-family development is arranged in the following manner based on its orientation to a public roadway (Scenarios 1-4): Ordinance No. 6435 October 30, 2012 Page 6 of 14 AUBURN WAY N AUBURN WAY S --------------------- ASTSE ------------------- WEST VALLEY HWY,15 ST NWISW C ST SW C CIMF MF When oriented along the roadways listed above: Scenario 1 Vertical mixed-use (street level commercial, multi-family above) development required; or Scenario 2: Horizontal mixed-use(commercial use along frontage, multifamily along the rear) required AUBURN WAY N AUBURN WAY S --------------------- ASTSE ------------------- WEST VALLEY HWY,15 ST NWISW C ST SW �cenario ClMF Legend C=Commercial NZE MF= Multi-family When oriented along the roadways listed above: Scenario 3: Land locked property. Property to the rear can be stand alone multifamily Ordinance No. 6435 October 30, 2012 Page 7 of 14 Minor Arterials _____________________ Non-Res collectors ___________________ I ST NE,BTe ST SE,e.g. • MF Legend C= Commercial MF=Multi-family When oriented along other minor arterials and non-residential collectors: Scenario 4: Properties along streets that are less attractive to commercial uses, such as I St NE, stand alone multi-family can be permitted. 2. EP Zone Multiple-family dwellings are permitted provided; a. The multiple-family development incorporates sustainable design and green building practices and qualifies to be built green certified. 18.57.035 Retail. A. Building and landscape materials sales 1 All Zones where permitted a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer No soil mixing is allowed. b. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential zone or use and shall not be located in any of the required setbacks. c. Stored building supplies and landscaping materials shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, though an administrative variance, subject to the procedures of Chapter 18.70 015 (A)(2). B. Groceries, specialty food stores 1 EP Zone a. Groceries and specialty food stores are limited to 20,000 square feet in size. C Nursery 1 All Zones where permitted a. Aerial application of any pesticides, fungicides, fertilizer or any other chemical shall be prohibited. b. Operation of heavy equipment is prohibited. c. Outdoor storage and display of landscape plant materials (excluding elements such as mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture, Ordinance No. 6435 October 30, 2012 Page 8 of 14 etc.) is permitted, but shall not be located in the required setbacks. Chain link fences, with black or green vinyl covering, are permitted for security purposes. d. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential districts or use and shall not be located in any of the required setbacks. D Outdoor displays and sales 1 All Zones where permitted a. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas. Other off-site businesses or vendors may be allowed to sell merchandise or hold a temporary event in the outdoor display areas provided the sale/event is conducted for three days or less, not visible from a public street, does not block required pedestrian or vehicle access, and a party submits a written description of their intended use of the property to the City a minimum of seven (7) calendar days prior to use and abides by any written conditions of use required by the City If any of the aforementioned requirements cannot be met a temporary use permit subject to the provisions of Chapter ACC 18.46A is required. b. All outdoor displays must be located on the same lot as the principal use. c. Such outdoor display is permitted in any front or side yard, subject to a minimum setback of 20 feet from an adjoining property line. d. Merchandise shall not be placed or located where it will interfere with pedestrian or building access or egress, required vehicular parking and handicapped parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress. e. The height of displayed merchandise shall not exceed the height of any fence or wall or 10 feet, whichever is less. f. Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios in ACC 18.52 — Off Street Parking and Loading. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number of parking spaces required. 18.57.040 Services. A. Animal daycare 1 All Zones where permitted a. All pets shall be properly licensed. b. For any dog that has been designated as a "dangerous dog" or "potentially dangerous dog" as defined by Auburn City Code (ACC) the operator shall verify that the owner has complied with the regulations (on noticing, licensing, certificate of registration, restraining, etc.) contained in ACC Chapter 6.35 — Dangerous Dogs. The owner shall ensure the facility meets the requirements for a "proper enclosure" as set forth in ACC 6.35 01 OD c. All fenced exercise areas must be at least 50 feet from a habitable residential structure. Ordinance No. 6435 October 30, 2012 Page 9 of 14 d. Adequate screening shall be required when abutting any residential use. e. General care of pets must be confined to inside of building and under supervision. f. Pets are permitted to be walked or exercised outside of building only under supervision and in accordance with all other applicable ordinances and laws. g. The exterior appearance of an animal day care building must be compatible with the appearance of neighboring properties. B. Animal sales and services 1 All Zones where permitted a. All sales and services shall be for household pets only b. Overnight boarding is allowed within a completely enclosed building; however, animal services or sales uses over 20,000 square feet in gross floor area that use a majority of their gross floor area for retail sales, shall have no more than 15 percent of their gross floor area devoted to overnight boarding. c. Animal sales and services use must be completely enclosed except that outdoor animal runs or other areas in which dogs will be allowed outside of an enclosed structure off leash (hereinafter 'outdoor run") are allowed subject to compliance with the following conditions: L Outdoor runs shall not be permitted within 50 feet of a habitable residential structure. ii. The outdoor run may operate only between the hours of 8:00 a.m. and 6:00 p.m. iii. The facilities shall be constructed, maintained and operated so that neither the sound nor smell of any animals boarded or kept on the premises during the time that full enclosure is required can be discerned on other lots. C Kennels, animal boarding 1 All Zones where permitted a. All pens shall be enclosed in an enclosed building. b. The property on which the kennel is to be located shall be no closer than one hundred (100) feet to any residential zone. c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m. and 6.00 p.m. d. The facility must be air conditioned. e. Exercise runs or facilities shall be a minimum of four (4) feet by ten (10) feet. f The facility shall maintain a minimum total of twenty-five (25) square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. g. Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a daily basis for proper disposal as solid waste. h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface water disposal system. Ordinance No. 6435 October 30, 2012 Page 10 of 14 i. Strained solids and hair shall be properly disposed of as solid waste. D Repair service — equipment, appliances 1 C-1, C-2, and C4 Zones a. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprises. 18.57.045 Transportation, Communication and Infrastructure. A. Towing storage yard 1 M-1 and M-2 Zone a. Motor vehicle(s) shall not remain on the property for more than one- hundred-twenty (120) days. b Motor vehicle(s) may not be repaired, restored, rebuilt, or otherwise altered on the property c. Motor vehicle(s) shall not be stacked vertically d Vehicle parts and scrap metal shall not be stored on the property e. The sale of motor vehicles shall not be permitted. f. The towing storage yard shall be landscaped in accordance with ACC 18.50.040.C(5) g. Any motor vehicles which are damaged so as to be leaking fluid shall be brought to a impervious surface where all fluids shall be contained and disposed of in conformance with all state and federal regulations. h. The applicant shall install a separator or other use generally accepted industry device or practice that provides equal/protection to prevent any leaking fluids from the motor vehicles from entering the soil or surface waters. 18.57.050 Vehicle Sales and Services. A. Automobile washes (automatic, full or self-service) 1 All Zones where allowed An automatic, full-or self-service car wash shall comply with the following standards: a. Proper functioning of the site as related to vehicular stacking, circulation, and turning movements. b. The use of outdoor speakers is prohibited. c. Car washes / detailing shall be located at least fifty (50) feet from any residential zone, use, or structure. d. Car wash openings must be oriented away from residential zones, use or structures. B Auto/vehicle sales and rental 1 C-1 Zone a. The business shall be located on a principal or minor arterial as defined by the comprehensive transportation plan; b. No repairing, painting or body work shall be conducted outside of a building; Ordinance No. 6435 October 30, 2012 Page 11 of 14 c. If abutting an R zone, a sight-obscuring fence or landscape screen shall be required; d. A minimum of a 25-foot setback shall be required of any building from any R zone; e. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-1 uses in the vicinity; C. Fueling station 1 C-2 Zone a. The fueling station must be accessory to an existing retail/service establishment in which the principal tenant has a minimum floor area of at least 25,000 square feet. The principal tenant must own and/or manage the station. The station must be located on the same parcel of property as the principal tenant and the property must be at least 100,000 square feet in area. b. The station must be located on the property to minimize the amount of conflict to the pedestrian traffic. c. The station must be located on and have direct access to an arterial using existing curb cuts and driveways whenever practical. If the curb cuts and driveways do not meet current city standards, then they shall be brought up to such standards. d. The station cannot interfere with the existing parking and/or traffic circulation on the property There shall be enough room on the property to allow for adequate stacking space for vehicles waiting for fuel in order to avoid cars interfering with vehicles on the street. The facility cannot reduce the amount of parking required by the zoning code. e. The station shall have a roof that covers all activities including the pay window, refuse containers, fuel pumps and the adjacent parking area for the cars being fueled. The area that is covered by the roof of the facility shall be no larger than 6,000 square feet. The number of pumps shall be limited to five such that no more than 10 vehicles may be fueled at any one time. f. Columns or similar architectural features shall be provided that screen the visibility of the pump islands as well as give the visible impression of enclosing the structure. If necessary, provisions must be made to avoid a safety issue of enclosing any fumes associated with the fueling of the vehicles. The overall height of the facility shall not exceed 20 feet. g. The design, architectural treatment and streetscape features of the station must be consistent with the design concepts as outlined in paragraph "P" of Section 14 of the downtown plan as well as provide some design continuity between the facility and primary structure. h. Any other products for sale shall only be displayed within the building containing the pay window and any such products shall be incidental to automobile care/maintenance, or snacks and beverages. No sales of alcoholic beverages will be allowed. i. Signs shall be limited to permanent wall signs, attached to the face of the canopy, only j. The application for the administrative use permit shall illustrate how it complies with these standards. (Ord. 6269 § 31, 2009.) Ordinance No. 6435 October 30, 2012 Page 12 of 14 2. Other Zones where permitted a. Fueling station canopies shall not exceed 20 feet in height or the height of the principal building, whichever is less; b. Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors, and roof pitch. c. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than 2 inches. d. All surfaces for exterior building fagades or canopies shall be finished to match the surfaces of the principal structure. D Vehicle services — repair/body work 1 C-2 Zone a. No vehicles stored outside that are not operable unless such vehicles are contained within a fenced and paved area. The entire perimeter of the outdoor storage area shall be landscaped with landscaping pursuant to 18.50.040.C(5). The maximum size of the outdoor storage area shall be no more than 25 percent of the associated building area. 2. Other Zones where permitted a. Outdoor work areas shall be fenced, walled or screened to minimize on and off-site noise, glare, odor, or other impacts. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. All body work and painting shall be conducted within fully enclosed buildings. d. No operator shall permit the storage of motor vehicles for a period in excess of twenty-four (24) hours unless the vehicles are enclosed in the principal building. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section-3. 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. Ordinance No. 6435 October 30, 2012 Page 13 of 14 Section 4. 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- . HOV 5'2012 PASSED- NOV ,5 2012 APPROVED- NOV 5'2012 7FRN PETER B. LEWI MAYOR ATTEST Da elle E. Daskam, City Clerk APPROVED AS TO FOR Dani B. eid, City Atto ey Published: Ordinance No. 6435 October 30, 2012 Page 14 of 14