Loading...
HomeMy WebLinkAbout12-07-2015 Agenda Modification As' TY OF WASHINGTON TO: Members of the City Council Mayor Backus Department Directors FROM: Danielle Daskam, City Clerk SUBJECT: Agenda Modification DATE: December 7, 2015 The December 7, 2015, City Council meeting agenda is modified to add the following item: XI. Resolutions Resolution No. 5187* (Snyder) A Resolution of the City Council of the City of Auburn, Washington, establishing a moratorium on acceptance or processing of applications and other licenses, permits and approvals for residential uses in property within the C-1, Light Commercial Zone CITY Of UaZnC_-- 6 AGENDA BILL APPROVAL FORM ,� WASHINGTON Agenda Subject: Resolution No. 5187 Date: December 7, 2015 Department: CD & PW Attachments: Budget Impact: Resolution No. 5187 Chapter 18.23 Auburn City Code Map of Affected Parcels Administrative Recommendation: City Council adopt Resolution No. 5187. Background Summary: Table 18.23.030 (Permitted, Administrative, Conditional and Prohibited Uses by Zone) currently specifies the permitted nature of residential land uses within the Light Commercial (C-1)zoning designation. ACC 18.23.020.0 specifies that the intent of the C-1 zoning designation is for lower intensity commercial adjacent to residential neighborhoods. This Section further states that this zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This Section also states that the C-1 zoning designation represents the primary commercial designation for small-to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. Finally, this Section specifies that the C-1 zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians. Recent residential development proposals for current C-1 zoned properties in the City have caused staff to question the overall consistency of residential land uses currently authorized by City Code for the C-1 zoning designation with the intent of this zoning designation as noted above. In order to allow for the City Council, Planning Commission, citizens and staff adequate time to fully consider all the options and alternatives for appropriate regulations, and to fully investigate and review all of the factors involved in continuing to allow residential land uses in the C-1 zoning designation, staff recommends that the City Council impose a one (1) year moratorium on the acceptance and processing of applications for all residential land uses on properties zoned C-1. A total of 261 parcels of land would be affected by the City Council's adoption of this Resolution. However, the Resolution would only impose a moratorium on residential development on these affected parcels. Non=residential development pursuant to adopted city code could still be pursued.subject to compliance with applicable standards and regulations. AUBUR * MORE THAN YOU IMAGINED Agenda Subject: Resolution No. 5187 Date: December 7, 2015 , This Resolution is being processed in accordance with RCW 35A.63.220 (Moratoria, interim zoning controls— Public hearing—Limitation on length)that specifies: A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one,year if a work plan is developed for related studies providing for such a longer period. A moratorium of[or]interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. Section 6 of the Resolution specifies that the required public hearing by the City Council will be scheduled for and held on January 19, 2016. A Notice of Public Hearing will be sent to all property owners of record for the affected 261 parcels pursuant to the current property ownership records of the King County Assessor's Office and Pierce County Assessor's Office. In addition, the City Clerk's Office will conduct required public noticing in advance of the City Council's scheduled hearing on this matter. Reviewed by Departments&Divisions: ❑ Mayor ❑ Finance ❑ Parks ❑ CD&PW ❑Admin ❑ Legal ❑ Police ❑ Public Works ❑Human Resources ❑ IT Action: Council Approval: ❑_Yes ❑No Call for Public Hearing Referred to Until_ Tabled Until _/_/ Councilmember: Staff: Snyder Meeting Date: December 7, 2015 Item Nllmb6i" Page 2 of 2 RESOLUTION NO. 5 1 8 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM ON ACCEPTANCE OR PROCESSING OF APPLICATIONS AND OTHER LICENSES, PERMITS AND APPROVALS FOR RESIDENTIAL USES IN PROPERTY WITHIN THE C-1, LIGHT COMMERCIAL ZONE WHEREAS, the current provisions of the Auburn City Code (ACC) provide for a C-1, Light Commercial Zone; and WHEREAS, the C-1, Light Commercial Zone provisions, Paragraph C of Section 18.23.020, ACC, identify its intent as follows: The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small to moderate-scale commercial activities compatible by having similar performance standards 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 and pedestrians; and WHEREAS, the current provisions of the Auburn City Code, ACC 18.23.030, identify a number of permitted uses for the C-1 zoning district, including: Storage — Personal household storage facility (mini-storage); Commercial recreation facility, indoor; Meeting facility, public or private; Movie theater, except drive-in_; Religious institutions, lot size less than one acre; Religious institutions, lot size more than one acre; Studio — Art, dance, martial_ arts, music, etc.; Caretaker apartment; Live/work or work/live unit; Multi-family dwellings as part of a mixed-use development; Nursing home, assisted living facility; Groceries, specialty food stores; Outdoor displays and sales associated with a permitted use (auto/vehicle sales not included in this category); Restaurant, cafe, coffee shop; Community retail establishment; Neighborhood retail establishment; Tasting room; Tavern; Wine production facility, small craft distillery, small craft brewery; and all sales and services (excluding kennels and veterinary clinics)-7 Banking and related financial institutions, excluding drive-through facilities; Catering services; Day care, including me day care, day care center, preschools Resolution No. 5187 November 17, 2015 Page 1 of 6 or nursery schools; Dry cleaning and laundry services (personal); Hospitals; Lodging-hotel or motel; Medical-dental clinic; Mortuary, funeral home, crematorium; Personal service shops; Pharmacies; Print and copy shop; Professional offices; Veterinary clinic, animal hospital; Broadcasting studio; Parking facilities, public or commercial, surface; Parking facilities, public or commercial, structured; Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character for the uses permitted. See ACC 18.02.120 (C)(6), unclassified uses; and WHEREAS, the current provisions of the Auburn City Code, ACC 18.23.030, identify a number of administratively permitted uses for the C-1 zoning district, including: Library, museum; Private school-specialized education/training (for profit); Senior housing; Convenience store; Drive-through espresso stands; Drive-through facilities including banks and restaurants; Entertainment, commercial; Animal day care (excluding kennels and animal boarding); Government facilities, this excludes offices and related uses that are permitted outright; Printing and publishing (books, newspapers and other printed matter); Repair services- equipment, appliances; Utility transmission or distribution line or substation; Automobile washes (automatic, full or self-service); Auto parts sales with installation services; Auto/vehicle sales and rental; Fueling station; Any commercial use abutting a residential zone which has hours of operation outside of the following: Sunday: 9:00 am to 10:0 pm or Monday-Saturday 7:00 am to 10:00 pm; and WHEREAS, questions have surfaced in terms of how residential uses fit within the intended commercial transitional uses of the C-1 zone and what residential uses should be permitted outright, conditionally permitted or permitted administratively in the C-1 zone, as well as how this may affect what areas of the City should be designated as C-1 zone properties; and WHEREAS, in order to give the City adequate time to fully consider all the options and alternatives for appropriate regulations, and to fully investigate and review Resolution No. 5187 November 17, 2015 Page 2 of 6 all of the factors involved with residential uses in the C-1 zone and with designating which areas of the City should be located within the C-1 zone, the City needs to impose a moratorium on accepting and processing applications for any residential uses in the current C-1 zone, until its review of needed regulations and its adoption and implementation of needed regulations can be completed; and WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt moratoria; and WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate for the City Council to hold public hearings and to authorize the holding of public hearings and/or other means to gather information and adopt findings of fact supporting and justifying the moratorium, and to implement a work plan for review of the issues related to residential land uses in the C-1 light commercial zone and related to the designation of areas of the City to be located in the C-1 light commercial zone, in the development of and/or amendment to the City's business and land use regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a moratorium is hereby imposed prohibiting the City from receiving and/or processing any applications for any residential uses in any C-1 zoning districts in the City of Auburn. Section 2. Term of Moratorium. The moratorium imposed by this resolution shall become effective on the date hereof, and shall continue in effect for an initial period of one year, unless repealed, extended or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW Resolution No. 5187 November 17, 2015 Page 3 of 6 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of business licensing, zoning and land use regulations adopted by the City Council to address residential uses in the C-1 zone and C-1 land uses in the City of Auburn. Section 3. Preliminary Findings. The following preliminary findings of fact are hereby adopted: A. That current permitted C-1 land uses include residential uses, including caretaker apartments, live/work and work/live units, multi-family dwellings as part of a mixed-use development, standalone multiple-family dwellings, nursing home and assisted living facilities, and senior housing, which residential uses raise the question of consistency with the intended purposes of the C-1 zoning district, which residential uses have the potential for significant impacts on abutting commercial properties and adjacent properties in the community. B. That current designation of C-1 zoned properties, likewise, has the potential for significant impacts on commercial and residential neighborhoods and the community, depending on allowed and permitted uses. C. That because of the potential impacts of these uses and designations, there is a need to fairly and reasonably evaluate, consider options and develop appropriate legislation that satisfactorily addresses the C-1 residential use concerns and related impacts on the City. D. It is appropriate for City staff to collect and compile documentation, information, testimony and statements of concerned citizens of the City and of other persons interested in or familiar with the issues of C-1 residential uses, and consider their impacts in order to fully explore ways to protect the City and its citizens from the adverse impacts of such uses. Section 4. Conclusion. Based on the above Findings of Fact, the City Council concludes that the City has the authority to establish a moratorium, and that it is appropriate and necessary to establish a moratorium to evaluate impacts, consider options and decide how best to identify permitted C-1 residential uses and identification of properties to be designated as being within the C-1 zoning district, as a stop-gap measure in order to 1) provide the City with an opportunity to study the pertinent issues Resolution No. 5187 November 17, 2015 Page 4 of 6 and alternatives; and 2) protect the health, safety and welfare of the citizens of Auburn by ameliorating the adverse impacts of C-1 related residential uses. Section 5. Work Plan. The following work plan 'is adopted to address the issues involving C-1 light commercial zone designation and residential land use and related regulations: A. That the City of Auburn Planning Commission is authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions and other documentation or evidence related to the issues of permitted residential land uses of the C-1 and designation of properties in the C-1 zoning district. B. That the Planning Commission and City staff are authorized and directed to review the experiences of other jurisdictions, the status of legal cases, and statistical data, information, studies and other evidence compiled by other municipalities, of the implications and options for light commercial zone related uses and businesses as identified in the Auburn City Code, and to review State and Federal law and any other information that is pertinent to consideration thereof. C. That the City of Auburn Planning Commission shall work with City staff and the citizenry of the City to develop proposals for C-1 zoning district permitted uses, and related considerations, to be forwarded in their recommendations to the City Council for inclusion in ordinances and ultimate adoption as a part of the City Codes of the City of Auburn. D. That the Mayor, in consultation with the City Attorney, the Director of Community Development and Public Works and other staff, shall periodically advise and report to the City Council as to the status of hearings, meetings and information development regarding activities of the Planning Commission and City staff relative to the evaluation, consideration and development of regulations, and options, related to properties and land uses in a light commercial zoning district, with such reports to be scheduled approximately every six (6) months or as appropriate throughout the period of the moratorium and any extensions thereof, until adoption of comprehensive ordinance and regulations are developed, adopted and implemented, relating to C-1 property designations and related land uses and businesses becoming effective in conjunction with the termination of the moratorium referred to in this Resolution. Section 6. Public Hearing. A public hearing shall be scheduled for 7:00 p.m. or as soon thereafter as the matter may be heard, on the 19th day of January, Resolution No. 5187 November 17, 2015 Page 5 of 6 2016, in City Council Chambers, 25 West Main Street, Auburn, Washington 98001, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium. Section 7. Severability. If any sections, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. Section 8. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2015. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Danfel B. Held, City Attorney Resolution No. 5187 November 17, 2015 .Page 6 of 6 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 1 of 15 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of commercial and industrial.zones. 18.23.030 Uses. 18.23.040 Development standards. 18.23.050 Additional development standards for C-2, central business zone. 18.23.060 Additional development standards for the EP, environmental park zone. 18.23.010 Purpose.. ........................................................................................................................-...._...................................................................._......_..................................-_._.............-.................... This chapter lists the land uses that may be allowed within the commercial and Industrial zones established by ACC 18.02.070(Establishment of zones),determines the type ofland use approval required for each use, and provides basic and additional development standards for sites, buildings, and associated improvements. (Ord. 6433§26,2012.) 18.23.020 Intent of commercial and industrial zones. .................................................................................................................................::..........................::.....,......:........................................................................ .._......................:............... A. General.This section describes the intent for each of the city's commercial and industrial zones. These intent statements are to be used to guide the interpretation of the regulations associated with each zone. The planning director is authorized to make interpretations of these regulations based on his/her analysis of them together with clear and objective reasons for such interpretation. B. C-N, Neighborhood Shopping Center Zone.The C-N zone is intended to provide areas i appropriate for neighborhood shopping establishments which provide limited retail business, service and office facilities for the convenience of residents of the neighborhood.A neighborhood shopping center is designed and located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the general land use pattern of the area to be served by the center.The protective standards contained in this chapter are intended to minimize any adverse effect of the neighborhood shopping center on nearby property values and to provide for safe and efficient use of the neighborhood shopping center itself. C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services.This zone represents the primary commercial designation for small-to moderate-scale commercial activities compatible by having similar performance standards 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 and pedestrians. D. C-2 Central Business District Zone.The intent of the C-2 zone is to set apart the portion of the city proximate to the center for financial,commercial, governmental, professional, and cultural activities. Uses in the C-2 zone have common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities.This zone encourages and provides amenities conducive to attracting pedestrians. http://www.codepublishing.coin/wa/auburn/html/AubLirnl 8/Auburnl 823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 2 of 15 E. C-3, Heavy Commercial Zone.The intent of the C-3 zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses.This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation.The uses allowed can include outside activities, display,fabrication or service features when not the predominant portion of the use.The uses enumerated in this classification have potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. F. C-4, Mixed-Use Commercial Zone. The intent of the C4 zone is to provide for a pedestrian- oriented mix of retail,office, and limited multiple-family residential uses.This classification is also intended to allow flexibility in design and the combination of uses that is responsive to market demands.The uses enumerated in this classification anticipate a mix of multiple-family residential, retail, and office uses that are coordinated through a site-specific planning process.The multiple- family residential must be located in a multi-story building;the ground floor of which must contain a permitted use or combination of uses, other than parking,as listed in this chapter.Certain heavy commercial uses permitted in other commercial classifications are not permitted in this zone because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of environment that is conducive to this mix of uses. G. M-1, Light Industrial Zone.The intent of the M-1 zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment,to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non- nuisance in terms of air and water pollution, noise,vibration,glare or odor.The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of I enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone.An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone. H. EP, Environmental Park Zone. The environmental park district is intended to allow uses in proximity to the Auburn Environmental Park that benefit from that location and will complement the park and its environmental focus. Uses allowed in this zone will focus upon medical, biotech and "green"technologies including energy conservation, engineering,water quality and similar uses. Other uses complementary to and supporting these uses are also allowed. Incorporation of sustainable design and green building practices will be a primary aspect of this zone.The construction of leadership in energy and environmental design (LEED)and built green certified buildings is encouraged and built green will be required for multiple-family dwellings. The city recognizes that much of the property in this zone was developed under earlier standards, so the goals of the district will be realized over a period of time as properties are redeveloped. littp://www.codepublishing.com/wa/aubtirn/htliVA-Libulnl 823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 3 of 15 I. M-2, Heavy Industrial Zone.The M-2 zone Is intended to accommodate a broad range of manufacturing and industrial uses. Permitted activity may vary from medium to higher Intensity uses that involve the manufacture,fabrication, assembly,or processing of raw and/or finished materials. Heavy industrial uses should not be located near residential development. While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic in conflict with the industrial uses. (Ord. 6433§26,2012.) 18.23.030 Uses. ......................................................................................................._....................:.........................._.................................................................................................................................... A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. B. Requirements for Certain Specific Land Uses.Where the last column in Table 18.23.030 ("Standards for Specific Land Uses")includes a reference to a code section number,the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or:requires an administrative or conditional use permit. Table 18.23.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C=Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M=2 Uses INDUSTRIAL,MANUFACTURING AND PROCESSING,WHOLESALING Building contractor, light X X X P X P X P Building contractor, heavy X X X X X A X P Manufacturing, assembling X X X P X P P P ACC 18.31_.180 and packaging—Light Intensity Manufacturing, assembling X X X A X P A P ACC 1.8.31.1.80 and packaging—Medium intensity Manufacturing, assembling X X X X X X X A ACC 18.31.180 and packaging—Heavy intensity http;//www:codepublislhing.com/wa/auburn/htmUAuburn18/Auburn1823.htinl 12/1/2015 Chapter 18.23 CON MRCIAL AND INDUSTRIAL ZONES Page 4 of 15 PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C—Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE � Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Outdoor storage, Incidental X X X P X P P P ACC 18.57.020(1 to principal permitted use on property Storage—Personal household X P X P X P X P ACC 18.57.020(E storage facility(mini-storage) Warehousing and distribution X X X X X P P C ACC 18.57.020(( Warehousing and distribution, X X X P X P P P bonded and located within a designated foreign trade zone Wholesaling with on-site retail X X X P X P P P as an Incidental use(coffee, bakery, e.g.) RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation X P P P P P P A facility, indoor Commercial recreation X X X A X P A A ACC 18.57.025() facility, outdoor Conference/convention facility X X A A X A X X Library, museum X A A A X A P X Meeting facility, public or A P P P X A P A private Movie theater,except drive-in X P P P P X X X Private school—Specialized A A P P P P P P education/training (for profit) Religious institutions, lot A P P P A A A A size less than one acre Religious institutions, lot C P P P A A A A size more than one acre http://www.codepublishing.com/wa/auburn/html/Auburnl8/Auburnl 823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 5 of 15 PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C—Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC Sports and entertainment X X A A X A X A assembly facility Studio—Art, dance, martial P P P P P P A A arts, music,etc. RESIDENTIAL Caretaker apartment X P P P X P P P Live/work or work/live unit X P P P P P P X Multiple-family dwellings as X P P P P P P X ACC 18.57.030(1 part of a mixed-use development Multiple-family dwellings, X X X X X X X X ACC 18.57.030(E stand-alone Nursing home, assisted X P P P C X X X living facility Senior housing X A A IA X X X IX RETAIL Building and landscape X X X P X P X P ACC 18.57.035(/ materials sales Construction and heavy X X X X X A X P equipment sales and rental Convenience store A A P P X P P P Drive-through espresso A A A P A P A A stands Drive-through facility, A A A P P P X P ACC 18.52.040 including banks and restaurants Entertainment,commercial X A P P X I A X A http://www.codepublishiiig.cona/wa/aubum/html/Auburn 18/Auburn l 823.1-itml 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 6 of 15 PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C—Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Groceries, specialty food P P P P P P P X ACC 18.57.035(E stores Nursery X X X P A P X P ACC 18.57.035(( Outdoor displays and sales P P P P P P P P ACC 18.57.035([ associated with a permitted use(auto/vehicle sales not included in this category) Restaurant,cafe,coffee shop P P P P P P P P Retail Community retail A P P P P P X P establishment Neighborhood retail P P P P P P X P establishment Regional retail X X X P P P X A establishment Tasting room P P P P P P P P Tavern P P X P P P X A Wine production facility, A P P P P P P P small craft distillery,small craft brewery SERVICES Animal daycare(excluding A A A P A P X IP ACC 18.57.040(/ kennels and animal boarding) Animal sales and services P P P P P P X P ACC 18.57.040(E (excluding kennels and veterinary clinics) Banking and related financial P P P P P P P P institutions, excluding drive- through facilities http://www.codepublishing.com/wa/auburn/html/Aubimil 8/Auburnl823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 7 of 15 PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C—Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Us' ses Catering service P P P P A P A P Daycare, including mini A P P P P P P X daycare, daycare center, preschools or nursery schools Dry cleaning and laundry P P P P P P P P service(personal) Equipment rental and leasing X X X P X P X P i Kennel, animal boarding X X X A X A X A ACC 18.57.040(( Government facilities,this A A A A A A A A excludes offices and related uses that are permitted outright Hospital X P P P X P X P Lodging—Hotel or motel X P P P P A P A Medical—Dental clinic P P P P P P X X Mortuary,funeral home, A P X P X P X X crematorium Personal service shops P P P P P P X X Pharmacies P P P P P X X X Print and copy shop P P P P P P X X Printing and publishing(of X A P P P P P P books, newspaper and other printed matter) Professional offices P P P P P P P P Repair service—Equipment, X A P P P P X P ACC 18.57.040([ appliances Veterinary clinic, animal A P P P P IP X X hospital http://www.codepublishing.corn/wd auburn/1-itml/Aubuml8/Auburnl823.ht.ml 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 8 of 15 PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C—Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE - - - Specific Land M-1 EP M-2 C-N C-1 C-2 C-3 C-4 Uses TRANSPORTATION,COMMUNICATIONS AND INFRASTRUCTURE Ambulance,taxi, and X X X A X P X P specialized transportation facility Broadcasting studio X P X P X P X P Heliport X X X 1C X 1C X C Motor freight terminal X X X X X X X X See Footnote No 1 Parking facility, public or X P P P P P P X commercial, surface Parking facility, public or X P P P P P P X commercial, structured Towing storage yard X X X X X A X P ACC 18.57.045(1 Utility transmission or A A A A A A A A 1 distribution line or substation Wireless communication — — — — — — — — ACC 18.04.912, j facility(WCF) 18.31.100 I i VEHICLE SALES AND SERVICES I Automobile washes X A X P P P X P ACC 18.57:050() (automatic, full or self-service) Auto parts sales with X A A P P P X P installation services Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(E Fueling station X A A P P P X P ACC 18.57.050(( Mobile home, boat, or RV X X X P X P X P sales Vehicle services— X X A P X P X P ACC 18.57.050([ Repair/body work OTHER http://www.codepublishing.com/wa/auburn/litml/Aubulnl 8/Auburnl 823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 9 of 15 PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted C—Conditional A—Administrativ X—Prohibited Zoning Designation Standards for LAND USE Specific Land C-N C-1 C-2 C-3 Cam{ M-1 EP M-2 Uses Any commercial use abutting A A A A A A A A a residential zone which has hours of operations outside of the following: Sunday:9:00 a.m..to 10:00 p.m.or Monday —Saturday: 7:00 a.m.to 10:00 p.m. Other uses may be permitted P P P P P P P P by the planning director or designee 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. See ACC 18.02.120(C)(6), Unclassified Uses. Any motor freight terminal,as defined by ACC 18.04.635,in existence as of the effective date of the ordinance codified in this section, is an outright permitted use in the M-1 and M-2 zone..Any maintenance,alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards,are allowed. (Ord.6508§ 1,2014;Ord.6433§26,2012.) 18.23.040 Development standards. ........................................................_.............................................................................................................................................................................................................................. A. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Tables 18.23.040A(C-N, C-1, C-2, C-3, and C-4 Zone Development Standards) and 18.23.0406 (M-1, EP and M-2 Zone Development Standards)and in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby.These standards may be modified through either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC. Table 18.23.040A C-N,C-1, C-2,C-3,and C-4 Zone Development Standards http://www.codepublishilig.com/wa/auburn/litnil/Auburnl 8/AuburnI 823.htinl 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 10 of 15 Development Requirement by Zone Standard C-N C-1 C-2 C-3 C-4 Neighborhood Light Central Heavy Mixed-Use Shopping Center Commercial Business Commercial Commercia Minimum lot area 2 acres None None None None(1) Minimum lot None None None None None width,depth Maximum lot 55 percent None one None None coverage Minimum Minimum setbacks required for structures. See also ACC 18.31.070 for specific setbacks exceptions to these setback standards. Front 50 ft 20 ft None 20 ft 20 tt Side—Interior None(2) None (2) None None(2) None(2) I Side-Street 50 ft 15 ft None 15 ft 15 ft Rear None(2) None(2) None None(2) None(2) Height limit Maximum allowable height of structures. See also ACC 18.31.030(Height limitations— Exceptions)for specific height limit exceptions. Maximum height 30 ft 45 ft.(3) ACC 75 ft 75 ft 18.23.050 Additional None None ACC None None development 18.23.050 standards Fences and See Chapter 18.31 ACC hedges Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming See Chapter 18.54 ACC structures, land and uses Notes: (1)Residential uses:no minimum lot size;provided,that residential density does not exceed 20 units per gross acre(this includes privately owned open space tracts but excludes dedicated public roads). http://www.codepublishing.com/wa/auburn/htail/Atiburnl 8/Auburn1823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 11 of 15 (2)A 25-foot setback is required when adjacent to a residential.zone. (3) Buildings within the Auburn north business area, as established by Resolution No.2283, may exceed 45 feet If one additional foot of setback is provided from each property line(or required minimum setback)for each foot the building exceeds 45 feet in height. Table 18.23.040B M-1, EP and M-2 Zone Development Standards Development Standard Requirement by Zone M-1 EP M-2 Light Industrial Environmental Park Heavy Industria Minimum lot area None None None Minimum lot width,depth None None None Maximum lot coverage None 35 percent None Minimum setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specit exceptions to these standards. Front 20 ft 20 ft 30 ft Side—Interior None (1) 15 ft None(1) Side—Corner 20 ft 20 ft 30 ft Rear None (1) 20 ft(1) None(1) Height limit Maximum allowable height ofstructures. See also ACC 18.31.030(Height limitations—Exceptions)for specific height limit exceptions. Maximum height 45 ft(2) 35 ft 45 ft(2) Additional development None ACC 18.23.060 None standards Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming See Chapter 18.54 ACC structures, land and uses Notes: (1)A 25-foot setback is required when adjacent to a residential zone. http://www.codepublishing.com/wa/auburn/html/AubLirnl 8/Atiburn1823.htm1 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 12 of 15 (2)Buildings may exceed 45 feet if one foot of setback is provided from each property line(or required minimum setback)for each foot the building exceeds 45 feet. (Ord.6433§'26,2012.) 18.23.050 Additional development standards for C-2, central business zone. ....................................................._....................................................................................._....__..................................._............................................................................................... A. Maximum Building Height. 1.The maximum height of that portion of a building that abuts a street(s)shall be no higher than the right-of-way width of the abutting street(s). Building height may increase;provided, that the building is stepped back one foot(from the abutting street right(s)-of-way)for each foot of increased building height. 2. If the building abuts more than one street and the abutting streets have different right-of- way widths,then the height of the building allowed at any street frontage shall be the average of the abutting street right-of-way widths. 3.The following rooftop features may extend up to 15 feet above the maximum height limit: stair towers, elevator penthouses, and screened mechanical equipment. B. Minimum setbacks: none required, see subsection D of this section for specific building orientation requirements. C. Fences shall be decorative and relate architecturally to the associated building.Acceptable materials are brick,wood, stone, metal, or textured concrete.Typical galvanized wire mesh (chain link), barbed wire or razor wire are not permitted. For further information see Chapter 18.31 ACC. The provisions of this section shall not apply to temporary fences required during construction projects permitted by the city. D. Building Orientation Requirements.The following requirements apply to the construction of all new buildings or structures: 1. Existing buildings or structures, including facades,that do not have setbacks or otherwise cannot comply are exempt from these requirements regardless of the amount of improvement's made to the building, structure or facade as long as any alteration does not make the existing facade more nonconforming. 2. Existing buildings, structures, or facades that are set back and within 20 feet of a street shall comply to the fullest extent possible as determined by the planning director,with the following requirements when any cumulative structural improvements are made that exceed 50 percent of the assessed value of the existing building, structure, or facade. 3.Any addition to an existing building, regardless of value,that will be within 20 feet of a street shall also comply to the fullest extent possible,as determined by the planning director,with the following requirements. a. For each lineal foot of frontage a building has on a street,there shall be provided an area(s)for pedestrian amenities at the rate of one square foot of ground area for each lineal http://www.codepublishing.com/wa/a-aburnihtml/Aubuml 8/Auburn 1823.11tml 12/1/2015 Chapter 18:23 COMMERCIAL AND INDUSTRIAL ZONES Page 13 of 15 foot of building frontage. Pedestrian amenities shall consist of such features as landscaping, benches, entryways with accents such as brick pavers, artwork,or a combination of these or similar features. The pedestrian amenities shall be located on the property between the street right-of;-way and the building.The planning director shall approve the amount and type of the pedestrian amenities. b. For buildings that have a street frontage that exceeds 50 feet, then at least 25 percent of the building's frontage shall be immediately adjacent to the street right-of-way. c. For buildings that have a street frontage that is less than 25 feet,then no pedestrian amenities will be required and the building may be located at the property line.There shall, however, be provided a landing in front of each door that opens to a street that is large enough such that no part of any door will encroach into the street right-of-way when the door is being opened or closed. d. For buildings that provide additional setbacks, except as restricted by subsection(D)(3) (b)of this section, the area between the street right-of-way and the building shall only contain pedestrian amenities. e. If a building has more than two street frontages, then at least two of the frontages shall comply with subsections(13)(3)(b)and (g)of this section and contain pedestrian amenities between the building and the street right-of-way.Any remaining frontages shall either have pedestrian amenities, windows, murals,flat surfaced artwork or other similar architectural features that would avoid large blank walls. f: For new buildings that will in-fill between two other existing buildings,the new building shall be set back no further than either of the adjacent buildings unless additional setback is required to comply with subsection (D)(3)(a)of this section.The proposed setback shall be reviewed by the planning director to ensure the setback will maintain building continuity along the street. g. Buildings shall have windows that.encompass at least 60 percent of the first floor facade and at least 40 percent of the facade of each additional floor.At least 50 percent of the area of the first floor windows of nonresidential buildings shall provide visibility to the inside of the building. This subsection shall only apply to the facades of new buildings with street frontage and shall not lessen the requirements of the Uniform Building or Fire Codes. h. The building's principal pedestrian entrance shall be oriented to the street. If the building is at a comer, either street or alley,then the principal pedestrian entrance shall be at the corner unless a better architectural design is attained at another location and approved by the planning director. i. Buildings that are at the intersection of either two streets or a street and an alley shall provide for a sight distance triangular setback as required by Chapter 18.31 ACC.These triangular areas may contain pedestrian amenities that satisfy the requirements of subsection(D)(3)(a)of this section. http://www.codepublishing.coin/wa/auburn/html/Auburnl 8/Auburnl 823.htn11 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 14 of 15 j. A site plan shall be prepared by the proponent which addresses compliance with the requirements as outlined in subsections(D)(3)(a)through(i)of this section.The site plan shall be approved by the planning director prior to the submittal of any building permit. k. For the sole purposes of this subsection D the term"street"shall include the right-of- way of private and public streets.The term shall also include pedestrian walkways, encumbered by an easement or similar means,that are used by the general public to travel from one property to another. i E. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way.The following methods, or a combination thereof, may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; 4.Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the principal structure.This may include using the same building materials, repeating common building forms,colors or elements, or incorporating the roof and wall of the stair tower or elevator penthouse into the upper wall of the structure. (Ord.6433§26,2012.) 18.23.060 Additional development standards for the EP, environmental park zone. A. Fences and Hedges. Fences shall be decorative and relate architecturally to the associated building.Acceptable materials are brick, wood, stone, metal,or textured concrete. Colored chain link fences may be allowed subject to the planning director's approval. Barbed wire or razor wire fences are not permitted. For further information on fencing see ACC 18.31.020.The provisions of this section shall not apply to temporary fences during construction projects permitted by the city. B. Loading and unloading docks shall not be visible from the street. C. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way. The following methods, or a combination thereof, may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; http;//www.codepublishing.con-/wa/auburn/litmUAuburnl 8/Auburnl 823.html 12/1/2015 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 15 of 15 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. (Ord.6433§26, 2012.) n The Auburn Municipal Code is current through Ordinance 6574,passed October 19,2015. Disclaimer:The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's I Office for ordinances passed subsequent to the ordinance cited above. .v 1 i i I I http://www.codepublishing.com/wa/auburn/html/Auburnl8/Auburnl 823.htm1 12/1/2015 C 1 P r o p e r t i e s d ; r-- T i - Nr �_� ILI r Tv KING ! - COU T / - ` -_— L mj r � C I ------------------ -----Kin3 County ---------------- I _ ►l r — Pierce UunLy ri r H•-P-•.; Iii -- — — Y L l UrvItJEP - _ _ _ I I t ".1,ID'•1/111 C 1 Properties In R,i lllntlwi tih,,rr,l Is lur Illel.i,vl i,•li•I,•II�.I,uiµl�., ;I nilln..ul,.nrluNl'.I I,I,n,Jelu.i�i,iay V,•J.^I 111