File #: 2010-0602    Version: 1
Type: Ordinance Status: Passed
File created: 12/6/2010 In control: Transportation, Economy, and Environment Committee
On agenda: 2/22/2011 Final action: 2/22/2011
Enactment date: 3/4/2011 Enactment #: 17037
Title: AN ORDINANCE relating to zoning; and amending Ordinance 11567, Section 1, as amended, and K.C.C. 21A.38.100.
Sponsors: Jan Drago, Larry Phillips, Joe McDermott
Code sections: 21A.38.100 - .
Attachments: 1. 17037.pdf, 2. 2010-0602 Staff report - SDO revision.doc, 3. 2010-0602 Attach 2 - SDO Zoning Aerial - Top Hat.pdf, 4. 2010-0602 Attach 2 - SDO Property Aerial.pdf, 5. 2010-0602 - hearing notice.doc, 6. 2010-0602 Notice of Adoption.doc
Drafter
Clerk 11/19/2010
title
AN ORDINANCE relating to zoning; and amending Ordinance 11567, Section 1, as amended, and K.C.C. 21A.38.100.
body
      BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
      SECTION 1.  Ordinance 11567, Section 1, as amended, and K.C.C. 21A.38.100 each hereby amended to read as follows:
      A.  The purpose of the commercial/industrial special district overlay is to accommodate and support existing commercial/industrial areas outside of activity centers by providing incentives for the redevelopment of underutilized commercial or industrial lands and by permitting a range of appropriate uses consistent with maintaining the quality of nearby residential areas.
      B.  The commercial/industrial special district overlay shall be designated only through the area zoning process and applied to areas substantially developed with a mix of commercial and light industrial uses and zoned CB, RB, O((,)) or I.
      C.  The standards of this title and other county codes shall be applicable to development within the commercial/industrial special district overlay except as follows:
        1.  Legally((-)) established commercial or industrial uses that exist within an area as of the effective date of legislation applying the commercial/industrial special district overlay, but that are not otherwise permitted by the zoning, shall be considered permitted uses upon only the lots that they occupied as of that date.
        2.  Permitted uses ((within the area of a commercial/industrial special district overlay)) shall include those ((uses permitted in)) of the base and I zone ((applied therein as well as permitted uses as set forth in the I zone)), with the exception of the following:
          a.  any use permitted in the I zone requiring a conditional use permit;
          b.  auction houses;
          c.  livestock sales;
          d.  SIC Industry Group 201 (meat products);
          e.  SIC Industry Group 202 (dairy products);
          f.  SIC Industry Group 204 (grain mill products);
          g.  SIC Industry Group 207 (fats and oils);
          h.  motor vehicle and boat dealers;
          i.  SIC Major Group 24 (lumber and wood products, except furniture) except 2431 (millwork) and 2434 (wood kitchen cabinets);
          j.  SIC Industry Group 311 (leather tanning and finishing);
          k.  SIC Major Group 32 (stone, clay, glass and concrete products);
          l.  SIC Industry 3999 (manufacturing industries, not elsewhere classified) dressing of furs, fur stripping and pelts only;
          m.  SIC Industry 7534 (tire retreading);
           n.  SIC Major Group 02 (agricultural production--livestock and animal specialties);
           o.  SIC Industry 2951 (asphalt paving mixtures and blocks);
           p.  resource accessory uses((, and));
           q.  outdoor storage of equipment or materials occupying more than ((25 %)) twenty-five percent of the site associated with:
              (1)  SIC Major Group 15 (building construction--contractors and operative builders)((,));
              (2)  SIC Major Group 16 (heavy construction other than building construction--contractors)((,));
              (3)  SIC Major Group 17 (construction--special trade contractors); and((,))
              (4)  SIC Industry 7312 (outdoor advertising services); ((provided, that such outdoor storage be visually screened from surrounding properties)) and
              r.  interim recycling facilities on lots that directly abut properties outside of the district.
        ((4.)) 3.  Use((s permitted both by the base zone applied to the property and through the application of the commercial/industrial special district overlay shall be subject to the)) limitations ((on use found in)) of the base zone ((in K.C.C. 21A.08, except for)) shall not apply to commercial/industrial accessory uses ((to which the limitations on use in the base zone shall not apply)).
        ((5.)) 4.  The minimum parking requirements of this title shall be reduced as follows, ((provided)) except that ((such)) the reductions do not apply to new construction on vacant property or the vacant portions of partially-developed property where that construction is not an enlargement or replacement of an existing building:
          a.  the parking stall requirements are reduced ((100)) one hundred percent ((provided that)), but only if:
            (1)  the square footage of any enlargement or replacement of an existing building does not in total exceed ((125)) one hundred twenty-five percent of the square footage of the existing building;
            (2)  the building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved to urban standards as a capital improvement project, that accommodates on-street parking; and
            (3)  there is no net decrease in existing off-street parking space((.)); and
          b.  the parking stall requirements are reduced ((50)) fifty percent ((provided that)), but only if:
            (1)  the square footage of any enlargement or replacement of an existing building in total exceeds ((125)) one hundred twenty-five percent of the square footage of the existing building;
            (2)  the height of the enlarged or replacement building does not exceed the base height of the zone in which it is located;
            (3)  the building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved to urban standards as a capital improvement project, that accommodates on-street parking; and
            (4)  there is no net decrease in existing off-street parking spaces, unless it exceeds the minimum requirements of subsection ((C.5.b)) C.4.b.
        ((6.)) 5.  The landscaping requirements of this title shall be waived, ((provided that)) but only if:
          a.  street trees, installed and maintained by the adjacent property owner, shall be substituted in lieu of landscaping; ((and))
          b.  any portion of the overlay district that directly abuts properties outside of the district shall provide, along ((said)) those portions, a landscape buffer area no less than ((50)) fifty percent of that required by this title, and areas of a lot used for outdoor storage of equipment or materials shall be screened from adjacent R zone properties by use of no less than ten feet of Type 1 landscaping or a totally view obscuring fence or structure.
        ((7.)) 6.  The setback requirements of this title shall be waived, ((provided that)) but only if:
          a.  setback widths along any street forming a boundary of the overlay district shall comply with this title; and
          b.  any portion of the overlay district that directly abuts properties outside of the district shall provide, along ((said)) those portions, a setback no less than ((50)) fifty percent of that required by this title.
        ((8.)) 7.  The building height limits of this title shall be waived, ((provided)) except that the height limit within ((50)) fifty feet of the perimeter of the overlay district shall be ((30)) thirty feet.
        ((9.)) 8.  Signage shall be limited to that allowed within the CB zone.
        ((10.)) 9.  The roadway improvements of the King County ((c))Code shall be waived, ((provided)) but only if a no-protest agreement to participate in future road improvement districts (RID) is signed by an applicant and recorded with the county.
        ((11.)) 10.  The pedestrian circulation requirements of this title shall be waived.
        ((12.)) 11.  The impervious surface and lot coverage requirements of this title shall be waived.
      D.  ((The following standards shall be applicable to unincorporated activity centers as designated in the comprehensive plan and located within the commercial/industrial special district overlay:
        1.))  For properties that have frontage on pedestrian street(((s))) or streets or routes as designated in an applicable plan or area zoning process, except for gasoline service stations (SIC 5541) and grocery stores (SIC 5411) that also sell gasoline, the following conditions shall apply:
        ((a.)) 1.  ((m))Main building entrances shall be oriented to the pedestrian street;
        ((b.)) 2.  ((a))At the ground floor (at grade), buildings shall be located no more than ((5)) five feet from the sidewalk or sidewalk improvement, but in no instance shall encroach on the public right-of-way;
        ((c.)) 3.  ((b))Building facades shall comprise at least ((75%)) seventy-five percent of the total pedestrian street frontage for a property, and if applicable, at least ((75%)) seventy-five percent of the total pedestrian route frontage for a property;
        ((d.)) 4.  ((m))Minimum side setbacks of the underlying zoning are waived;
        ((e.)) 5.  ((b))Building facades of ground floor retail, general business service, and professional office land uses, that front onto a pedestrian street or route shall include windows and overhead protection;
        ((f.)) 6.  ((b))Building facades, along a pedestrian street or route, that are without ornamentation, or are comprised of uninterrupted glass curtain walls or mirrored glass are not permitted; and
        ((g.)) 7.  ((v))Vehicle access shall be limited to the rear access alley or rear access street where such an alley or street exists.
advertising requirements
30 days prior
Official paper
Publish: Wednesday, January 19, 2011
Newspaper: Seattle Times
Public hearing: Tuesday, February 22, 2011