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Return Address: PAGEFIC 001"OFTIT 027G0RD 35.00
01%14/2002 0919
Auburn City Clerk K1hr rOLINTV HR
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. 5607
Reference Number(s) of Documents assigned or released:
DAdditional reference ft on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
BUSINESS PARK
a7 �3 5
Grantee/Assignee/Beneficiary: (Last name first) L-0 101 sf
CITY OF AUBURN
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 1 thorough 8, Auburn 400 Corporate Park Div 1, according to the Plat
thereof recorded in volume 128 of Plats Pages 97 through 99, records of
King County, WA.
® Additional legal is on page 24 of document.
Assessor's Property Tax Parcel/Account Number
Assessor Tax # not
ORDINANCE NO. 5 6 0 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING REVISIONS TO THE BUSINESS PARK
DESIGNATION APPROVED IN ORDINANCE NO. 4962 FOR THE 15.2
ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 15TH
STREET AND "O" STREET SW WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, the City of Auburn approved and adopted Ordinance No.
4962 changing the zoning classification for the 15.2 acres of property located at
the southwest corner of 15'h Street and "O" Street SW, as legally described in
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Exhibit "A" attached hereto and incorporated herein by this reference, from M-1
o (Light Industrial) to BP (Business Park); and
WHEREAS, Ordinance 4962 established a list of permitted uses,
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approved a site plan and provided for a number of performance standards for a
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specific development on the subject site pursuant to ACC 18.36; and
WHEREAS, the 15.2 acre site was not developed as approved and
provided for in Ordinance 4962 and remains a vacant site; and
WHEREAS, the City of Auburn has received a request to amend the
previous Business Park zoning designation to include a revised list of permitted
uses, a new site plan and a new list of performance standards; and
---------------------
Ordinance No. 5607
November 16, 2001
Page 1
WHEREAS, the Business Park zoning designation authorized by
Chapter 18.36 of the Auburn City Code and approved in Ordinance 4962
remains in force on the subject property; and
WHEREAS, the Hearing Examiner, based upon staff review, held the
required public hearing to consider the request to amend the previous Business
Park zoning designation approval in Ordinance 4962 in the Council Chambers
of Auburn City Hall on November 14, 2001; and
WHEREAS, at the conclusion of the November 14, 2001 hearing, the
Hearing Examiner recommended approval of a new list of permitted uses, a new
site plan, and a new list of performance standards; and
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o WHEREAS, the City Council on November 19, 2001, considered said
request for amendment and affirmed the Hearing Examiner's recommendations
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for a new list of permitted uses, a new site plan and a new list of performance
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N standards based on the following Findings of Fact and Conclusions of Law and
Decision, to wit:
FINDINGS OF FACT
1. The Auto Nation USA Corporation, the owners of a 15.2 -acre
parcel of property located at the southwest corner of 15th and "O" Street SW,
have filed an application requesting that the Business Park District, that is
currently established on the subject property, be revised. The Business Park
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Ordinance No. 5607
November 16, 2001
Page 2
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(BP) District zoning is allowed pursuant to Chapter 18.36 of the Auburn Zoning
Code. The BP District is intended to provide a suitable area for industrial,
professional office, service and commercial uses within a planned, well
managed site with high quality development standards.
2. In 1995 the City of Auburn approved the zoning for a Business
Park at the subject property. That approval allowed for the following:
Automobile service station
Banks and financial institutions
C" Convenience grocery store
Daycare
Delicatessens and restaurants
o Health and physical fitness clubs
Meeting rooms and/or reception facilities
Motels
o Personal service shops
N Professional offices
o Secretarial services
N Theater (cinema) or comparable indoor commercial entertainment.
3. The property has, however, not developed and is currently vacant. The
current proposal would also allow for some of the previously approved uses
except for the motel and theater. There is also requested to have warehousing,
manufacturing and other light industrial uses. Please see Attachment #1 for
the complete list of proposed uses.
---------------------
Ordinance No. 5607
November 16, 2001
Page 3
The site plan is also proposed to be revised to reflect a new layout for the
buildings. Two alternative site plans have been submitted for review. The site
plan identified as "SD1" illustrates two large buildings. Building "A" is the
southern most building and fronts on Boundary Boulevard. It is approximately
208,989 square feet in size. Building "B" is the northern most building and
fronts on 15th Street SW. Building "B" is approximately 106,718 square feet in
size. The buildings would share a common loading and unloading area that
would be located between the two buildings
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It is envisioned that Building "A" would have most of the warehousing and
industrial uses. Since Building "B" has frontage on 151h Street SW and is
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across from the SuperMall, the non -industrial uses would likely be within this
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`v building. The applicant has also requested that building "A" could be up to
three separate buildings and building "B" could be up to two separate buildings.
The total square footage would, however, not be greater if there were multiple
buildings.
An alternative site plan identified as "SD1-retail' has also been submitted that
illustrates a 'retail pad" at the intersecting corner of 15'h and "O" Street SW.
This could be a freestanding commercial use such as a gas station.
---------------------
Ordinance No. 5607
November 16, 2001
Page 4
4. Pursuant to Section 18.36.020, the BP district shall be implemented by a
contract rezone and shall include an agreement that establishes the
type, square footage and general locations of the uses, the location and
size of the park, restrictive covenants, public improvements, and the
responsibilities of the owner/developer.
5. Pursuant to Section 18.36.030, only those uses authorized by the
contract rezone may be allowed in the BP District. The uses that are
established in the contract are drawn from those listed in the M-1 zone
which are permitted outright as well as those which are allowed by an
administrative or conditional use permit; and those uses listed in the C-3
zone that are permitted outright. Section 18.36.030 also allows the
Hearing Examiner and City Council to establish any procedural or
substantive conditions to implement the BP District.
6. All of the uses listed in Attachment #1 are allowed within the existing M-1
zone with the exception of the art, music and photography studios; bakery and
pastry shops; dry cleaning and laundry services; hobby shops; small animal
hospitals; pharmacies; meeting rooms and/or reception facilities; retail sales of
automobile parts, flowers and house plants, furniture and home furnishings,
-----------
Ordinance No. 5607
November 16, 2001
Page 5
household appliances, nursery and horticultural products, office supplies and
equipment, photographic equipment including finishing; schools, including art,
business, barber, beauty, dancing, driving, martial arts and music. All of these
uses are permitted in the C-3 zone and therefore can be permitted as part of
the Business Park.
7. Pursuant to Section 18.36.020, the approval process for business parks
includes two steps. The first step is the conceptual approval of the
business park by the Hearing Examiner and City Council. This process
is the rezone process as established by Section 18.68.030 of the Zoning
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o Ordinance. The second step is the final approval of the site plan by the
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Planning Director once the BP District has been approved by the City
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Council.
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8. In 1993, the City approved additional commercial zoning on the property
that lies across 15th Street to the north of the subject property. The
zoning allowed for the construction of a two million (plus) square foot
shopping complex, also known as the SuperMall. The initial phase of
the SuperMall has been constructed and opened for business in the Fall
of 1995.
---------------------
Ordinance No. 5607
November 16, 2001
Page 6
9. When the City was going through the rezone process for the SuperMall,
there was concern raised that the SuperMall would create uncontrolled
"spin off or strip commercial" development on adjacent or nearby
parcels, that would not be in the best interests of the City. While there
was concern raised, the City did not put any type of moratoria on
developing the adjacent properties.
10. While there are limited opportunities for additional commercial
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development near the SuperMall any such development should be
carefully considered. This is evidenced by the following Comprehensive
Plan policy the City has recently adopted regarding development near
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the SuperMall.
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LU -74 Additional commercial development of land near the SuperMall
shall be limited to those properties whose comprehensive plan
designation and existing zoning (or a possible rezone to business park
designation) allow for commercial uses. This development must meet
the following conditions:
a. If the new development is on industrially zoned property, the
development shall be limited to office, entertainment, or other uses,
e.g. motels, which complement the uses at the SuperMall. General
retail uses would only be allowed in limited instances and only if
incidental and subordinate to another use on the site.
b. Small, individual commercial developments are discouraged.
---------------------
Ordinance No. 5607
November 16, 2001
Page 7
C. The traffic impacts of the commercial development shall receive
significant consideration and will be mitigated as referred in this Plan.
11. The subject request to modify the existing business designation is
generally consistent with this policy in that the general retail that is being
proposed is limited and incidental.
12. The Business Park that was previously approved was approved in part
because it would have provided for a more coordinated development
than the prior M-1, Light Industrial zoning and lot layout would have
o provided. The subject property is currently divided into 8 separate lots.
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a The proposal is to "adjust' the 8 lots into 3 or 4. While there will be
o separate lots, the design scheme will be coordinated such that each lot
owill share parking, access, be connected with pedestrian walkways, have
similar landscaping, signing, lighting, and common architectural features
In summary, the project will look like one planned development as
envisioned with the previous business park zoning.
13. Section 18.36.020, of the Zoning Code, requires that before a BP District
is approved that the owner/developer shall demonstrate that a public
benefit will result and the project contains architectural, site, and
landscape design standards that are significantly superior to those
---------------------
Ordinance No. 5607
November 16, 2001
Page 8
required of the industrial zone. As previously mentioned, the project will
continue to provide features that will provide for a public benefit that
were previously envisioned by the prior approval.
14. Section 18.36.020 also requires that no significant impacts on the public
infrastructure shall occur that cannot be effectively mitigated. The
environmental review process for this project took several months, and the
public infrastructure was carefully reviewed and appropriate mitigation
Cn measures imposed. Implementation of the mitigation measures will ensure that
o no significant impacts to the public infrastructure will occur.
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15. While all of the uses that are listed could be allowed within the BP
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o District, it is appropriate to calculate each use and limit the range of uses in
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N order to ensure that any use developed within the subject property is
consistent, complements and is compatible with any other use that is
developed. Assurances also need to be made that preclude the appearance of
a "strip' or unplanned, piecemeal development and promote uses that are
consistent with the Comprehensive Plan policy LU -74.
16. The environmental review for the project considered the impacts of the
development and the City on September 7, 2001 issued a Final
---------------------
Ordinance No. 5607
November 16, 2001
Page 9
Mitigated Determination of Non Significance (MDNS) for the proposed
project. The MDNS contained 15 mitigating conditions that addressed
soils, storm drainage, erosion control, flood water storage, wetlands, and
traffic.
17. Related Comprehensive Plan policies:
GP -18 Flexible land development techniques including, but not limited to,
clustering and planned unit developments (PUDs) for the
development of residential, commercial, and industrial properties
shall be considered to implement this comprehensive plan.
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LU -66 The City shall encourage the grouping of individual
o commercial enterprises along commercial arterials to promote the
-- sharing of parking areas, access drives and signs. Such grouping
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can be encouraged through land division regulations, sign
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regulations and development standards.
LU -74 Additional commercial development of land near the SuperMall
shall be limited to those properties whose comprehensive plan
designation and existing zoning (or a possible rezone to business
park designation) allow for commercial uses. This development
must meet the following conditions:
a. If the new development is on industrially zoned property, the
development shall be limited to office, entertainment, or other
uses, e.g. motels, which complement the uses at the SuperMall.
General retail uses would only be allowed in limited instances and
only if incidental and subordinate to another use on the site.
---------------------
Ordinance No. 5607
November 16, 2001
Page 10
b. Small, individual commercial developments are discouraged.
c. The traffic impacts of the commercial development shall receive
significant consideration and will be mitigated as referred in this
Plan.
LU -109 The grouping of uses which will mutually benefit each
other or provide needed services will be encouraged.
a. Compatible commercial uses may be permitted in designated
industrial areas, particularly those that primarily serve industrial
businesses or their employees.
b. Planned developments (such as 'office parks") which provide a
a. mixture of light industrial with supporting commercial uses are
encouraged.
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o c. Uses which support industrial and warehouse activities should be
located near those uses.
R= ED -2 The Auburn Thoroughbred Racetrack, the Muckleshoot Casino,
C, and the SuperMall of the Great Northwest offer opportunities for
o economic diversification that should be optimized by the City.
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18. The contents of the case file REZ01-0002, the environmental
review file SEP01-0010, and the case file and environmental file of the
previously business park approval (file Ws REZ0004-95 and SEP0017-95,
respectively) are hereby made a part of this record.
CONCLUSIONS
It is has concluded that the revision to the existing Business Park designation
may be approved on the subject property, if properly conditioned, in that:
---------------------
Ordinance No. 5607
November 16, 2001
Page 11
b. Small, individual commercial developments are discouraged.
c. The traffic impacts of the commercial development shall receive
significant consideration and will be mitigated as referred in this
Plan.
LU -109 The grouping of uses which will mutually benefit each
other or provide needed services will be encouraged.
a. Compatible commercial uses may be permitted in designated
industrial areas, particularly those that primarily serve industrial
businesses or their employees.
b. Planned developments (such as "office parks") which provide a
mixture of light industrial with supporting commercial uses are
-a encouraged.
v
c. Uses which support industrial and warehouse activities should be
located near those uses.
ED -2 The Auburn Thoroughbred Racetrack, the Muckleshoot Casino,
n and the SuperMall of the Great Northwest offer opportunities for
Neconomic diversification that should be optimized by the City.
18. The contents of the case file REZ01-0002, the environmental
review file SEP01-0010, and the case file and environmental file of the
previously business park approval (file #'s REZ0004-95 and SEP0017-95,
respectively) are hereby made a part of this record.
CONCLUSIONS
It is concluded that the revision to the existing Business Park designation may
be approved on the subject property, if properly conditioned, in that:
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Ordinance No. 5607
November 16, 2001
Page 11
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I . It is consistent with the previous Business Park approval and it
meets the intent of the BP District in that it will provide superior architecture,
site and landscape design than what otherwise is required by the previous M-1
zoning on the subject property. It is within the 'region serving" area of the
Comprehensive Plan and the property is properly zoned to allow for a BP
designation.
2. There have been no moratoria or other restrictions placed upon
this property that would preclude this development.
3. The proposal is consistent with the Comprehensive Policy LU -74
which was written specifically to address development near the SuperMall.
4. Development will be coordinated as to use, architecture, traffic, signage,
and utilities in much the same manner that was used in the approval of the
SuperMall. This will ensure compatibility with not only the SuperMall, but the
light industrial uses in the area.
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council on this rezone application is approval, subject to the
following conditions:
1. The types of uses to be allowed within the subject business park
shall be consistent with those as listed in Attachment #1.
Ordinance No. 5607
November 16, 2001
Page 12
2. The general location of the buildings to be developed on the site
shall be consistent with the site plan identified as "SDI" and revised as of 3-6-
01 and/or the site plan identified as "SDI -retail' and revised as of 7-13-01.
A. Building "A" may be up to three separate buildings however
any cumulative square footage of any combination of buildings shall be
approximate to 208,989 square feet.
B. Building "B" may be two separate buildings; however, any
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cumulative square footage of any combination of buildings shall be
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approximate to 106,718 square feet.
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r 1. At least 25% of the total square footage of the north
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`v facade of building `B" shall be glassed area. If there is more than
one building, then each building shall meet this requirement. The
purpose is to provide pedestrian type features as well as be more
visually compatible with the commercial uses across the street.
(As opposed to a large blank concrete wall typically associated
with a warehouse). At a minimum, the first 20 feet of the building
interior, that is visible (at eye level) through this glassed -in area,
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Ordinance No. 5607
November 16, 2001
Page 13
shall contain tenants/uses that are similar to typical retail and or
service use(s) which are oriented to "people activity" that may
include but not be limited to office, lobby, customer counter,
product sales or display, dining area, or showroom. These uses
could be separate uses or incidental to another use within the
same
building.
There shall not be permitted in this first 20 feet any
storage/warehousing or manufacturing/assembly activities.
C. If there is a separate freestanding commercial pad as
illustrated on site plan "SD1-retail', the parcel shall be no larger than
30,000 square feet and contain no more than one principal building on
the pad. An accessory or subordinate building such as an espresso
stand or similar use may be allowed. The architectural features of the
building(s) on the pad shall be consistent with architectural features of
Building "B".
3. Since there is a wide range of uses that can potentially be
permitted in the business park and each may have a wide range of parking
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Ordinance No. 5607
November 16, 2001
Page 14
needs and traffic generation characteristics, it is important that a monitoring
plan be established. The plan would ensure that the ultimate development of
the business park does not exceed the amount of traffic that was analyzed and
expected as well as ensure that parking is provided that meets Zoning Code
criteria.
A. The cumulative development of the Business Park shall not
exceed 199 daily vehicle trips in the PM peak hour as analyzed as part
of SEP01-0010. At the time of each submittal for permits or other similar
approvals, the applicant shall provide evidence to the City that proves
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that traffic generated by the project will not cause the 199 daily vehicle
trips in the PM peak hour to be exceeded. The 199 daily PM vehicle
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c trips may only be exceeded if the applicant prepares a traffic study that
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proves, and the City of Auburn accepts, that there will not be any
mitigation measures required beyond the payment of traffic impact fees
for the additional traffic generated. If the City concludes, based upon
traffic study, that additional traffic mitigation measures are required, then
the amendment process outlined in condition #12 will be followed which
may also include revisions to SEP01-0010.
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Ordinance No. 5607
November 16, 2001
Page 15
B. Each use proposed within the Business Park shall meet the off-
street parking standards as required by the Zoning Code. The site plan
illustrates approximately 288 parking spaces for the site. The cumulative
number of parking spaces for the mix of uses selected may exceed this
total by no more than 50%, but in no case shall the minimum number of
parking spaces required by the Zoning Code be lessened. At the time of
each submittal for permits or other similar approvals, the applicant shall
provide evidence to the City that proves that the requirements of this
condition and the parking standards of the Zoning Code are being met.
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4. A master landscaping plan shall be prepared for the entire development
c that provides for similar type and size of landscaping materials for all the
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� parcels of the development. Each parcel that is to be developed shall be
consistent with the master landscaping plan.
A landscaped berm shall be provided along the 15th Street
frontage. The size of the berm, and type of planting materials shall be
consistent with the other landscaped berms that exist on either side of
15th Street. Deciduous trees shall be a minimum of 3 inches in caliper
at the time of planting; all other plant sizes shall meet the Zoning Code
---------------------
Ordinance No. 5607
November 16, 2001
Page 16
requirements. The landscaped berm shall be constructed and planted
prior to occupancy of any building within the business park.
5. The exterior facades of all buildings shall be designed in a
manner such that each building has a common design/architectural feature(s)
so that all buildings will be compatible with one another. The design shall be
generally consistent with the illustration titled "SEPO1-0010, Elevation
Rendering, Exhibit".
CM 6. A master sign plan shall be prepared that coordinates the exterior
C2 signs of the individual tenants. The architectural design of the tenants' logos
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are not intended to be altered by this condition. To avoid the appearance of a
o 'strip commercial' development and to be consistent with the sign renuirementc
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c of the SuperMall, the freestanding signs identifying the tenants that have
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frontage on 15th Street shall be limited to 12 feet in height. If the sign is placed
on the building side of the landscaped berm, then the sign may be increased by
the height of the berm. Sign height shall be measured from the grade adjacent
to the berm to the top of the sign or sign structure.
7. All exterior lighting shall be designed and constructed such that the
direct illumination does not unreasonably "spill over' on adjoining property. All
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Ordinance No. 5607
November 16, 2001
Page 17
light standards within each parcel, other than the light standards on the public
streets, shall be of similar design.
8. Pedestrian walkways shall be provided that connect all buildings
and all parcels to one another and to the public sidewalks.
9 The applicant shall prepare plans for the above conditions #4,5, 6,
7, and 8. The plans may be individual plans or an element of another plan.
The Planning Director shall be responsible for reviewing and approving the
plans associated with these conditions. The plans shall be approved prior to
cm issuance of applicable permits.
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10. The conditions of the Final Mitigated Determination of Non-
`— significance, file #SEP01-0010, are incorporated herein by reference.
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0 11. The contract rezone as required by Section 18.36.020(A)(1), of
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the Zoning Ordinance, shall be executed between the property owner and the
City prior to any permits being issued.
12. Amendments to this ordinance may occur as follows:
A. The Planning Director may interpret the words and meaning of
certain conditions in order to resolve conflicts in implementation.
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Ordinance No. 5607
November 16, 2001
Page 18
B. If changes to the language of the ordinance are required, such
proposed changes shall be reviewed by the Planning and Community
Development Committee of the City Council, or its successor. If the
change is minor, then the Committee shall make a recommendation to
the City Council. If the change is major, then the Committee shall refer
the change to the Hearing Examiner. The Examiner shall conduct a
public hearing and make a recommendation to the City Council.
Amendments to this ordinance shall only be initiated by the property owner
or the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
M Section 1. Purpose. To amend Ordinance No. 4962 in which the City
a
of Auburn's established the Business Park (BP) District zoning designation for
a
15.2 acres of property located on the southwest corner of 15th Street and "O"
a Street SW in the City of Auburn by providing for a new list of permitted used, a
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o new site plan, and a new list of performance standards established in this
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Ordinance 5607.
Section 2. The above-cited Findings of Fact, Conclusions and
Conditions are herewith approved and incorporated in this Ordinance by this
reference. If there is any conflict or inconsistency between Ordinance No.
4962 and this ordinance regarding the list of uses, the site plan, performance
standards or conditions of approval, this Ordinance No. 5607 prevails.
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Ordinance No. 5607
November 16, 2001
Page 19
Section 3 . Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
adopted and approved and ratified irrespective of the fact that nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
o Section 4. Recording. Upon the passage approval and publication of
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v this Ordinance as provide by law, the City Clerk of the City of Auburn shall
o cause this Ordinance to be recorded in the office of the King County Auditor,
o Division of Records and Elections.
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Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 7. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
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Ordinance No 5607
November 16, 2001
Page 20
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Ordinance No. 5607
November 16, 2001
Page 21
INTRODUCED: December 3, 2001
PASSED: December 3, 2001
APPROVED: Decenber 3, 2001
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
AP ROVED AS TO FORM:
Michael J. Reynolds,
o City Attorney
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Published: HOZ
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Ordinance No. 5607
November 16, 2001
Page 22
0
LEGAL DESCRIPTION OF PROPERTY
LOTS 1 THROUGH 8, AUBURN 400 CORPORATE PARK DIV. 1, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 128 OF PLATS, PAGES 97
THROUGH 99, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Ordinance 5607
Exhibit "A"
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ATTACHMENT # I
PERMITTED USES
BLDG "A"
BLDG "B"
RETAIL PAD
I
Art, music and photography studios.
NO
YES
NO
2
Automobile service stations with incidental car wash.
NO
NO
YES
3
Bakery and pastry shops.
NO
YES
YES
4
Banking and related financial institutions.
NO
YES
YES
S
Building contractor services.
YQ
YES
NO
6
Caretaker quarters.
YES
YES
NO
7
Commercial recreation.
NO
YES '
NQ
8
Daycare.
YES)'])
YES
YES
9
Delicatessens and restaurants.
YES)'I)_
YES
YES
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Dry cleaning and laundry services
YESj2)
YE5)'3)
NO
1 1
Equipment rental and leasing.
YES
YES
NO
12
Grocery stores.
NO
NO
YES
13
Health and physical fitness clubs.
NO
YES
YES
14
Hobby shops.
NO
YES
NO
15
Small animat hospitals, does not allow outside runs or
kennels.
NO
YES
NO
16
Meeting rooms and/or reception facilities.
NO
YES
NO
17
Personal service strops.
NO
YES
YES
18
Pharmacies.
NO
YES
YES
19
Printing and publishing.
YES
YES
NO
20
Professional offices.
YES
YES
YES
21
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Retail sales of the following and similar related goods:
Automobile parts, computers, Bowers and house
plants furniture and home furnishings, garden and
farm supplies, hardware - including electrical, heating,
plumbing, glass. Paint, wallpaper, and related goods,
household appliances, nursery and horticuilturol
products, office supplies and equipment,
Photographic equipment including finishing.
NO
_
YES
YES
22
Reupholstery and furniture repak.
YES
YES
NO
Schools, Including art, business, barber, beauty.
dancing, driving, mortlal arts and music.
NO
YES
NO
r
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PERMITTED USES
BLDG "A"
BLDG "B"
RETAIL PAD
24
Secretarial services.
YES
YES
NO
25
Cold storage plants.
YES
NO
NO
26
Household movers and storage.
YES
NO
NO
27
Janitorial services.
YES
YES
NO
28
Job training and vocational rehabilitation.
YES
YES
NO
Manufacturing, assembling and packaging of articles.
29
products and merchandise from previously prepared
YES
YES
NO
thetic or natural materials.
Manufacturing, processing, blending and packaging
of the following: I.) Dairy products and by-products
_
such as milk, cream, cheese and butter, including the
-
processing and bottling of fluid milk and cream. 2.)
Drugs. phornaceuticals, toiletries, and cosmetics. 3.)
30
Food and kindred products limited to activities such as
YES
YES
--NO
confectionery products, bakery products, and
—
beverages bottling. 4.1 Soaps, detergents, and other
_
household cleaners from previously prepared natural
materials and not involving the use of liquid bleach,
liquid chlorine, liquid ammonia, or caustics.
Manufacturing, processing, treating, assembling and
31
packaging of articles, products or merchandise from
YES
YES
NO
previously prepared ferrous, nonferrous or alloyed
metals.
Manufacturing establishments engaged in electronic.
32
wtomotive, aerospace. missile, okfrome. or related
YES
YES
NO
manufacturina and msembty activities.
33
Manufacturing, processing, assembling and
YES
YES
NO
packaging of precision components and products.
Manufacturing, assembling, packaging and
34
development of computer equipment and software.
YES
YES
NO
and related products.
35
Research, development and testing of a permitted
YES
YES
NO
use.
36
Retail and wholesale trade of products
YES
YES
NO
manufactured, prccezed or assembled on-site.
37
Warehousing and distribution facilities, to include
YES
YES
NO
wholesale trade not open to the aeneral public.
Other similar uses which the panting director finds
38
compatible and consistent with the principal
YES
YES
YES
pemitted uses described in this Business Park.
)•1) These uses are limited to serving the on-site uses in Bung "A".
)n) limited to wholesale accounts, not open to general public.
)03) Limited to retail, open to general pubic.
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 918001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Rezone
Reference Number(s) of Do ciuments assigned or released:
E]Additional reference Ws on page of document
C\1
Grantor(s) (Last name first,
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11. Auburn, City of
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Grantee: (Last name first)
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1 Opus Northwest LLC
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first name and initials)
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rd OV Pacific Northwest Title as
aocr,,ni mo,_Lbn on it I-faS n,)t bear
0X a M k-; --s 1�')
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Legal . Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 1 through 8, Auburn 400 Corporate Park Div 1
N Additional legal is on page 2 of the document
Assessor's Property Tax Parcel/Account Number:
030150-0010, 030150-0020, 030150-0030, 030150-0040, 030150-0050, 030150-0060, 030150-0070,
030159-0080
❑ Assessor Tax # not yet assigned
</A
CONTRACT REZONE BETWEEN THE CITY OF AUBURN AND
OPUS NORTHWEST, L.L.C.
Pursuant to the authority granted by the Comprehensive Zoning Ordinance of the City of
Auburn and Auburn Ordinance No. 5607, the City of Auburn, a Washington non -charter Optional
Municipal Code City, ("City"/"Auburn"), and Opus Northwest, L.L.C., a Delaware limited liability
company ("Opus") that owns real property in the City of Auburn. commonly known as "Park 167",
hereby enter into this contract rezone agreement ("Contract Rezone) which governs the zoning for
the Park 167 property.
1. Real Property. This Contract Rezone governs the zoning for Park 167 which consists of .
approximately 15.2 acres of property located at the southwest comer of 15th Street and "O" Street
SW and which is legally described as follows:
CN Lots 1 through 8, Auburn 400 Corporate Park Div. 1, according to the Plat thereof recorded
in Volume 128 of Plats, pages 97 through 99, Records of King County, Washington.
f`a.3
Situated in the County of King, State of Washington
CD 2. Ordinance 5607. Ordinance 5607, a copy of which is attached hereto as Exhibit A and
_(D incorporated herein as if set: forth in full, was duly adopted by the City Council of Auburn on
December 3, 2001 in full compliance with the procedures and requirements of the City's
Comprehensive Zoning Ordinance. Ordinance 5607 approved an amendment to the existing
Business Park (`BP") zoning for the Park 167 property that revised the
permitted uses for the Park..
0
C D 167 property, delineated conceptual site plan configurations approved' by the City Council, and set
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out performance standards for development of the property.
CD 3. Conceptual Site Plan and Building Con figuration. The conceptual approval provided by
CN Ordinance 5607 considered two alternative conceptual. site plans and flexible building
configurations that may be submitted to the City for approval as part of the Park 167 site plan
application in accordance with the provisions ' of Auburn City Code 18.36.040.B. The two
alternative conceptual site plan configurations are referred to as "SDI" and "SDl-Retail" and
described in Finding of Fact 3 and Condition 2 of Ordinance 5607. Copies of -these conceptual site
plans are attached hereto as Exhibit B and incorporated herein as if set forth in full. Finding of Fact
3 and Condition 2 provide for flexibility in the number of buildings that can be approved by the
Planning, Director in the Park 167 site plan approval process. Site Plan SDI depicts two buildings
referred to as buildings "A" and `B". Site Plan SDI -Retail depicts a retail pad at the intersection of
15ffi Street SW and "O" Street SW in addition to buildings "A" and "B". Condition 2 provides that
Building "A" may be up to three separate buildings with cumulative square footage limited to
approximately 208,989 square feet and Building `B" may be up to two separate buildings with
cumulative square footage limited to approximately 106,718 square feet.
4. Site Plan A,nuroval/Develovment Standards. The City's approval is required for the final
site plan for the Park 167 property in accordance with Ordinance 5607 and Auburn City Code
18.36.040.B. Auburn City Code 18.36.040.B.2.c permits partial site approval. A copy of the partial
site plan submitted to the City for approval is attached hereto as Exhibit C and incorporated herein
as if set forth in full. The site plan proposes approval of building `B" (building 1 in the site plan)
and one of the three buildings allowed at the building "A" location (building 4 in the site plan). The
site plan application is consistent with and implements the requirements of Ordinance 5607 and all
applicable provisions of the Auburn City. Code. Future phases of development will require
subsequent site plan submittals for approval and shall be consistent with the provisions of
Ordinance 5607 and the Auburn City Code. All applicable development standards not otherwise
delineated in Ordinance 5607 apply to the approved site plan, including those set out inAuburn City
Code 18.36.060.
5. Allowed Uses. The allowed uses for the approved Park 167 site plan are set out on
"Attachment 1" of Ordinance 5607. The uses that are proposed for buildings 1 and 4 in the site plan
application are consistent with those allowed uses.
CN 6. Date of Contract Rezone. The date of this Contract Rezone shall be the: latest date of
Oi execution by Auburn or Opus, as indicated on the signature page.
CN- 7. Time Limits of Contract Rezone if Construction Not Completed. In accordance with
CD Auburn City Code 18.36.070 if construction is not completed within five (5) years of the Date of
C) this Contract Rezone as specified in paragraph 6 hereof; the Hearing Examiner shall review this
Contract Rezone to determine whether the business park is still a viable proposal and shall
�- recommend to the City Council to either extend, amend or void this Contract Rezone. If this
Contract Rezone is voided the provisions of Auburn City Code 18.36.070 shall apply.
C)
CN 8. Amendment of Contract. If the City approves an amendment to Ordinance 5607, then this
C) . Contract Rezone shall be revised as necessary to be consistent with any such amendment.
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9. Contract Rezone Runs with the Land. This Contract Rezone runs with the land and is
binding upon and inures to the benefit of Opus, its assigns and its successors in interest.
10. Wig. The City Clerk of the City of Auburn shall cause this Contract Rezone to be
recorded in the office of the Icing County Auditor, Division of Records and Elections.
Dated this day of AJZ9, 2002.
CITY OF AUBURN
:A
Peter B. Lewis, Its Mayor
2
ATTEST:
Danielle Daskum, City Cleric
Dated this day of , 2002.
OPUS NORTHWEST, L.L.C.
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By Tom Parsons
C: Its Vice President
CD
Attachments:
CD A: City Ordinance No. 5607
B Conceptual Site Plans associated with City Ordinance No. 5607
C: Partial Site Plan approved in accordance with Auburn City Code 18.36.040.,
Com!
3
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that". �� ` _ is the
person who appeared before me, and said person. acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument, and
acknowledged it as the Mayor of the City of Auburn to be the free and voluntary act, of such City for
the uses and purposes mentioned in the instrument.
Date
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or`have satisfactory evidence that �a�s�S is the
person who eared before m and. said - - - i
p appeared , e, person acknowledged that said Pin signed this
instrument, . on oath stated that said person. was authorized to execute the instrument, and
acknowledged it as the V&X - �� �a -1- of Opus Northwest, LLC.,, a Delaware
limited liability company, to be the free and voluntary act of such company for the uses and
purposes mentioned in the instrument.
Dated this a day of 12002.
(Sig-b-ofNotary)
(` Oi0 fry wQ
(IzpblyPrrot or Stamp Name of Notary)
Notary public in and for - the state of Washington,
residing at -az«e %-) v �e—
My appointment expires � l ��Iy
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ORDINANCE 5607
ORDINANCE NO. 5 6 0 7
AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF AUBURN,
WASHINGTON, APPROVING REVISIONS TO THE BUSINESS PARK
DESIGNATION APPROVED 1N ORDINANCE NO. 4962 FOR THE 15.2
ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 15TH
STREET AND "O' STREET SW WITHIN THE CITY OF AUBURN,
WASHINGTON.
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WHEREAS, the City of Aubum approved and adopted Ordinance No.
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CD 4962 changing the zoning classification for the 15.2 acres of property located at
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r%r) the southwest comer of 15th Street and "O" Street SW, as legally described in
O
Exhibit W attached hereto and incorporated herein by this reference, from MA
CN (Light Industrial) to BP (Business Park); and
CD .
C] WHEREAS, Ordinance 4962 established a list of permitted uses,
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approved a site plan and provided for a number of 'performance standards for a
specific development on the subject site pursuant to ACC 18.36; and
WHEREAS, the 15.2 acre site was not developed as approved and
provided for in Ordinance 4962 and remains a vacant site; and
WHEREAS, the City of Auburn has received a request to amend the
previous Business Park zoning designation to include a revised list of permitted
uses, a new site plan and a new list of performance standards; and
---------------------
Ordinance No. 5607
November 16, 2001 _
Page 1
WHEREAS, the ' Business Park zoning designation authorized by
Chapter 18.36 of the Auburn City Code and approved in Ordinance 4962
remains in force on the subject property; and
01J. .WHEREAS, the Hearing Examiner, based upon staff review, held the
T" required public hearing to consider the request to amend the previous Business
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Park zoning designation approval in Ordinance 4962 in the Council Chambers
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. of Auburn City Hall on November 14,2001; and
GIN WHEREAS, at the conclusion of the November 14, 2001 hearing, the
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Hearing Examiner recommended approval of a new list of permitted uses, a new
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® site plan, and a new list of performance standards; and
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WHEREAS, the City Council on November 19, 2001; considered said
request for amendment and affirmed the Hearing Examiner's recommendations
for a new list of permitted, uses, a new site plan and a new list of performance
standards based on the following Findings of Fact and Conclusions of Law and
Decision, to wit:
FINDINGS OF FACT
1. The Auto Nation USA Corporation, the owners of a 15.2 -acre
parcel of property located at the southwest comer of 15th and "O" Street SW,
have filed an application requesting that the .Business Park District, that is
currently established on the subject property, be revised. The Business Park
---------------------
Ordinance No. 5607
- November 16, 2001
Page 2
(BP) District zoning is allowed pursuant to Chapter 18.36 of the Auburn Zoning
Code. The BP District is intended to provide a suitable area for industrial,
professional office, service and commercial uses within a: planned, well
3. The property has, however, not developed and is currently vacant. The
current proposal would also allow for some of the previously approved uses
except for the motel and theater. There is also requested to have warehousing,
manufacturing and other light industrial uses. Please see Attachment#1 for
the complete list of proposed uses.
---------------------
Ordinance No. 5607
Noxember 16, 2001
Page 3
managed site with high quality development standards.
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2. In 1995 the City of Auburn approved the zoning for a Business
Park at the subject property. That approval allowed for the following:
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Automobile service station
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Banks and .financial institutions
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-Convenience grocery store
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Daycare
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Delicatessens and restaurants
Health and physical' fitness clubs
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Meeting rooms and/or reception facilities
Motels
Personal service shops
Professional offices -
Secretarial services
Theater (cinema) or comparable indoor commercial entertainment.
3. The property has, however, not developed and is currently vacant. The
current proposal would also allow for some of the previously approved uses
except for the motel and theater. There is also requested to have warehousing,
manufacturing and other light industrial uses. Please see Attachment#1 for
the complete list of proposed uses.
---------------------
Ordinance No. 5607
Noxember 16, 2001
Page 3
The site plan is also proposed to be revised to reflect a new layout for the
buildings. Two alterative site plans -have been submitted for review. The site
plan identified as "SDI" illustrates two large buildings. Building "A" is the
southern most building and fronts on Boundary Boulevard. It is approximately
208,989 square feet in size. Building "B" is the norther most building and
ON fronts on 15'" Street SW. Building "B" is approximately 106,718 square feet in
size. The buildings would share a common loading and unloading area that
C: would be located between the two buildings.
O It is envisioned that Building "A" would have most of the warehousing and
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industrial uses: Since.Building "B" has frontage on le Street SW and is
CN across from the SuperMall, the non -industrial uses would likely be within this
building. The applicant has also requested that building "A" could be up to
three separate buildings and building "BA could be up to two separate buildings.
The total square footage would, however, not be greater if there were multiple
buildings..
An altemative site plan identified as "SDI -retails has also been submitted that
illustrates a "retail pad" at the intersecting comer of 15and "O" Street SW.
This could be a freestanding commercial use such as a gas station.
---------------------
Ordinance No. 5607
November 16; 2001
Page 4
4. Pursuant to Section 18.36.020, the BP district shall be implemented by a
contract rezone and . shall include an agreement that establishes the,
type, square footage and general locations of the uses, the location and.
size of the park, restrictive covenants, public improvements, and the
C NIJ responsibilities of the owner/developer.
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C Iq 5. Pursuant to Section 18.36.030, only those uses authorized by the
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C? contract rezone may be allowed in the BP District. The uses that are
I
established in the contract .are drawn from those listed in the. M-1 zone
O which are permitted outright as well as those which are allowed by an
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CD administrative or conditional use permit; and those uses listed in the C-3
N zone that are permitted outright Section 18.36.030 also allows the
Hearing Examiner and City Council to establish any procedural or
substantive conditions to implement the BP District.
6. All of the uses listed in Attachment.#1 are allowed within the existing M-1
zone with the exception of the art, music and photography studios; bakery and
pastry shops; dry cleaning and laundry services; hobby shops; small animal
hospitals; pharmacies; meeting rooms and/or reception facilities; retail sales of
6
automobile parts, flowers and house plants, furniture and home furnishings,
---------------------
Ordinance No. 5607
November 16, 2001
Page 5
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household appliances, nursery and horticultural products, office supplies and
.equipment, photographic. equipment_ including finishing; schools, including art,
business, barber, beauty, dancing, driving, martial arts and music. All of these
uses are permitted in the C-3 zone and therefore can be permitted as part of
the Business Park.
7. Pursuant to Section 18.36.020, the approval process for business parks
includes two steps.. The first step is the conceptual approval of the
business park by the Hearing Examiner and City Council. This process
is the rezone process as established by Section 18.68.030 of the Zoning
Ordinance. The second step is the final approval of the site plan by the
Planning Director once the BP District has been approved by the City
Council.
8. In 1993, -the City approved additional commercial zoning on the property
that lies across 15th Street to the north of the subject property. The .
zoning allowed for the construction of a two million (plus) square foot
shopping .complex, also known as the SuperMall. The initial phase of
the SuperMall.has been constructed and opened for business in the Fall
of 1995.
4
---------------------
Ordinance No. 5607
November 16, 2001
Page 6
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9. When the City was going through the rezone process for the SuperMall,
there was concern raised that the SuperMall would create uncontrolled.
°spin off or strip commercial" development on adjacent or nearby
parcels, that would not ,be in the best interests of the City: While there .
was concern raised, the City did not .put any type of moratoria on
developing the adjacent properties.
10. While there
are limited opportunities for
additional
commercial
development
near the SuperMall any such
development
should be
carefully considered. This is evidenced. by the following .Comprehensive
Plan policy the City has recently adopted regarding development near
the SuperMall.
LU -74 Additional commercial development of land near the SuperMall
shall be limited to those properties whose comprehensive plan
designation and existing zoning (or a possible rezone to business park
designation) allow for commercial uses. This development must meet
the following conditions:
a. If the new development is on industrially zoned property, the
development shall be limited to office, entertainment, or other uses,
e.g. motels, which complement the uses at the SuperMall. General
retail uses would only be allowed in limited. instances_ and only if
incidental and subordinate to another use on the site.
b. Small, individual commercial developments are discouraged. .
---------------------
Ordinance No. 5607
November 16, 2001
Page 7
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C. The traffic impacts of the commercial development shall receive
significant consideration and will be mitigated as referred in this Plan. .
11. The subject request to modify the existing business designation is
generally consistent with this policy in that the general retail that is being
proposed is limited and. incidental.
12. The: Business 'Park that was previously.,approved was approved in part
because it would have provided for a more coordinated development
than the prior M-1, Light Industrial zoning and lot layout would have
provided. The subject property is currently divided into 8 separate lots.
The proposal is to "adjust" the 8 lots into 3 or 4. While there will be
separate lots, the design scheme will be coordinated. such that each lot.
will share parking, access, be connected with pedestrian walkways, have
similar landscaping, signing, lighting, and common architectural features.
In summary, the project will look like one planned development as
envisioned with the previous business park zoning.
13. Section 18.36.020, ofthe Zoning Code, requires that before a BP District
is approved that the. owner/developer shall. demonstrate that a public
benefit will result 'and - the project contains architectural, site, and
landscape design standards that are 'signficantly superior to those
---------------------
Ordinance No. 5607
November 16, 2001
Page 8
required of the industrial zone. As previously mentioned, the project will
continue to provide features that will provide for a public benefit that
were previously envisioned by the prior approval.
14. Section 18.36.020 also requires that no significant impacts on the public
infrastructure shall occur that cannot be effectively mitigated. The
CN
M environmental review process for this project took several months, and the
C.N.t public infrastructure was carefully reviewed and appropriate mitigation
CCD
C . measures imposed. Implementation of the mitigation measures will ensure that
�-- no significant impacts to the public infrastructure will occur.
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IN 16. Whle all of the uses that are listed could be allowed within the BP
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s� District, it is appropriate to calculate each use and . limit the range of. uses in
CU
order to ensure that .any use developed within the subject property is
.consistent, complements and is compatible with any other use that is
developed. Assurances also need to be made that preclude the appearance of
a "strip" or unplanned, piecemeal development and promote uses that are
consistent with the Comprehensive Plan policy LU -74.
16. The environmental review for the project considered the impacts of the
development and the City on September 7, 2001 issued a Final
---------------------
Ordinance No. 5607
November 16,.2001
Page 9
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Mitigated Determination of Non Significance (MDNS) for the proposed
project. The MDNS contained 15 mitigating conditions that addressed
soils, storm drainage, erosion control, flood water storage, wetlands, and
traffic.
17. Related Comprehensive Plan policies:
GP-18Flexible land development techniques including, but not limited to,
clustering and planned unit developments (PUDs) for the
development of residential, commercial,.and industrial properties
shall be considered to implement this .comprehensive plan.
LU -66 The City shall encourage the grouping of individual
commercial enterprises along commercial arterials to promote the
sharing of parking areas, access drives and signs. Such grouping
can be encouraged 'through land division regulations, sign
regulations and development standards.
LU -74 Additional commercial development of land near the SuperMall
shall be limited to. those properties whose comprehensive plan
designation and existing zoning (or a possible rezone to business
park designation) allow for commercial uses. This development
must meet the following conditions:
a. If the new development is on industrially zoned property, the
development shall be limited to office, entertainment, or other
uses, e.g. motels, which complement the uses at the SuperMall..
General retail uses would only be allowed in limited instances and
only it incidental and subordinate to another use on the site.
---------------------
Ordinance No. 5607
November 16, 2001
Page 10
I
b. Small, individual commercial developments are discouraged.
c. The traffic impacts of the commercial development shall receive
significant consideration and will be mitigated as referred in this
Plan.
LU -109 The grouping of uses which will mutually benefit each
other or provide needed services will be encouraged.
review file SEP01-0010, and the case file and environmental file of the
previously business park approval (file Vs.,. REZ0004-95 and SEP0017-95,
respectively) are hereby made a part of this record.
CONCLUSIONS
It is has concluded that the revision to the existing Business Park designation
maybe approved -on the subject property; if properly conditioned, in that:
---------------------
Ordinance No. 5607
November 16, 2001
Page 11
a. Compatible commercial uses may be permitted in designated
industrial areas, particularly those that primarily serve industrial
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businesses or their employees.
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b. Planned developments (such as "office parks") which provide a
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mixture of light industrial with supporting commercial uses are
encouraged.
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c. Uses which support industrial and warehouse activities should be
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located near those uses.
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ED -2 The Auburn Thoroughbred Racetrack, the Muckleshoot Casino,
and the SuperMall of the Great Northwest offer opportunities for
economic diversification that should be optimized by the City.
18. The contents of the case .file REZ01-0002, the environmental
review file SEP01-0010, and the case file and environmental file of the
previously business park approval (file Vs.,. REZ0004-95 and SEP0017-95,
respectively) are hereby made a part of this record.
CONCLUSIONS
It is has concluded that the revision to the existing Business Park designation
maybe approved -on the subject property; if properly conditioned, in that:
---------------------
Ordinance No. 5607
November 16, 2001
Page 11
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1. It is consistent with the previous Business Park approval and it
meets the intent of the BP District in that it will provide superior architecture,
site and landscape design than what otherwise is required by the previous M-1
zoning on the subject property. It is within the "region serving" area of the
Comprehensive Plan and the property is properly zoned to allow for a. BP
designation.
2. There have been no moratoria or other restrictions placed upon
this property that.would preclude this development.
3. The proposal is consistent with the Comprehensive Policy LU -74
which was written specifically to address development near the SuperMall.
4. Development will be coordinatedas to use, architecture, traffic, signage,
and utilities in much the same manner that was used in the approval of the
SuperMall. This will.ensure compatibility with not only the SuperMall, but the
light'industrial uses in the area.
RECOMMENDED CONDITIONS
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council on this rezone application is approval, subject to the
following conditions:
1. The types of uses to be allowed within the subject business park
shall be consistent with those as listed in Attachment #1.
Ordinance No. 5607
- November 16, 2001 _...
Page 12
2. The general location of the buildings to be developed on the site
shall be consistent with the site plan identified as "SDI" and revised as of 3-6-
01 and/or the site plan identified as "SDI -retail" and revised.as of 7-13-01.
A. Building W may be up to three separate buildings however
CN9 any cumulative square footage of any combination of buildings shall be
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Q approximate to 208,989 square feet.
C:) B. Building "BA may be two separate buildings,; however, any
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cumulative square footage of any combination of buildings shall be
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approximate to 106,718 square feet.
1. At least 25% of the total square footage of the .north
facade of building "B" shall be glassed area. If there is more than
one building, then each building shall meet this requirement. The
purpose is to provide pedestrian type features as, well as be more
visually compatible with the commercial uses across the street.
(As opposed to a large blank concrete wall typically associated
with a warehouse). At a minimum, the first 20 feet of the building
interior, that is visible (at eye level) through this glassed -in area,
---------------------
Ordinance No. 5607
November 16, 2001
Page 13
3. Since there is a' wide range of uses that can potentially be
permitted in the business park and each may have a wide range of parking
---------------------
Ordinance No. 5607
November 16, 2001
Page 14
shall contain tenants/uses that are similar to typical retail and or
service use(s) which are oriented to "people activity" that- may
include but not 'be limited to office, lobby, customer counter,
product sales or display, dining area, or showroom. These uses
could be separate uses or incidental to another use within the
building.
same
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There shall not be permitted in this first 20 feet any
storage/Warehousing or manufacturing/assembly activities.
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C. If .there is a separate freestanding commercial pad as
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illustrated on site plan "SD1-retail'; the parcel shall be no larger than
30,000 square feet and contain no more than one principal building on
the pad. An accessory or subordinate building such as an espresso
stand or similar use may be allowed. The architectural features of the
building(s) on the pad shall be consistent with architectural features of
Building "B".
3. Since there is a' wide range of uses that can potentially be
permitted in the business park and each may have a wide range of parking
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Ordinance No. 5607
November 16, 2001
Page 14
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needs and traffic generation characteristics, it is important that a monitoring
plan be established. The plan would ensure that the ultimate development of
the business park does not exceed the amount of traffic that was analyzed and
expected as well as ensure that parking is provided that meets Zoning Code,
criteria.
A. The cumulative development of the Business Park shall not
exceed 199 daily vehicle. trips in the PM peak hour as analyzed as part
of SEP01-0010. At the time of each.submittal for: permits or other similar
approvals, the applicant shall provide evidence to the City that proves
that traffic generated by the project will not cause the 199 daily vehicle
trips in the PM peak hour to be exceeded.. The 199 daily PM vehicle
trips may only be exceeded if the applicant prepares a traffic study that
proves, and the City of Auburn accepts, that there will not be any
mitigation measures required beyond the payment of traffic impact fees
for the additional traffic generated. If the City concludes, based upon
traffic study, that additional traffic mitigation measures are required, then
the amendment process outlined in condition #12 will be followed which
may . also -: include
---------------------
Ordinance No. 5607
November 16, 2001
Page I5
revisions to SEP01-0010.
B. Each use proposed within the Business Park shall meet the off-.
street parking standards as required by the Zoning Code. The site plan
illustrates approximately288 parking spaces for the site. The cumulative _
number of parking spaces for the mix of uses selected may exceed this
total by no more than 50%, but in no case shall the minimum number of
C j parking spaces required by the Zoning Code be lessened. At the time of
C31
e�- each submittal for permits or other similar approvals, the applicant shall
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provide evidence to the City that proves that the requirements of this
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} condition and the parking standards of the Zoning Code are being met
CD 4. A master landscaping plan shall be prepared for the entire development
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C: that provides for similar type and size of landscaping materials for all the
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CNparcels of the development Each parcel that is to be developed shall be
consistent with the master landscaping plan.
A landscaped berm shall be provided. along the 15th Street
frontage. The size of the berm, and type of planting materials shall be
consistent with the other landscaped berms that exist on either side of
15th Street. Deciduous trees shall be a minimum of 3 inches in caliper
at the time of planting; all other plant sizes shall meet the Zoning Code
---------------------
Ordinance No. 5607
- November 16, 2001
Page 16
requirements. The landscaped berm shall be constructed and planted
prior to occupancy of any building within the business park.
5. The exterior facades of all buildings shall be designed in a
manner such that each building has a common design/architectural feature(s)
so.that all buildings will be compatible with one another. The design shall be
generally consistent with the illustration titled "SEP01-0010, Elevation
i Rendering, Exhibit".
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6. A master sign plan shall be prepared that coordinates the exterior
C rN signs of the individual tenants. The architectural design of the tenants' logos
IN are not intended to be altered by this, condition. To avoid the appearance of a
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® 'strip commercial' development and to be consistent with the sign requirements
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of the SuperMall; the freestanding signs identifying the tenants that have
frontage on 15th Street shall be limited to 12 feet in height. If the sign is placed
on the building side of the landscaped berm, then the sign maybe increased by
the height of the berm. Sign height shall be measured from the grade adjacent
to the berm to the top of the sign or sign structure.
7. All exterior lighting shall be designed and constructed such that the
direct illumination does not. unreasonably "spill over" on adjoining property. All
---------------------
Ordinance No. 5607
__. November 16, 2001
Page 17
light standards within each parcel, other than the light standards on the public
streets, shall be of similar design.
8. Pedestrian walkways. shall be provided that connect all buildings
and all paivels to one another and to the public sidewalks.
CNI 9 The applicant shall prepare plans for the above conditions #4,5, 6,
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�-- 7, and 8. The plans may be individual plans or an element of another plan.
Ca The Planning Director shall be responsible for reviewing and approving the
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'3 plans associated with these conditions. The plans shall be approved prior to
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C) 10. The conditions of the Final Mitigated Determination of Non -
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C\I significance, file #SEP01-0010, are incorporated herein by reference.
11. The contract rezone as required by Section 18.36.020(A)(1), of
the Zoning Ordinance, shall be executed between the property owner and the
City prior to any permits being issued.
12. Amendments to this ordinance may occur as follows:
A. The Planning Director may interpret the words and meaning of
certain conditions in order to resolve conflicts in implementation.
---------------------
Ordinance No. 5607
November 16, 2001
Page 18
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B. If changes to the language of the ordinance are required, such
proposed changes shall be reviewed by the Planning and Community
Development Committee of the City Council, or its successor,-.If:the
change is minor, then the Committee shall make a recommenation to
the City Council. If the change is major, then the Committee shall refer
the change to the Hearing Examiner. The Examiner shall conduct a
public hearing and make a recommendation to the City Council.
Amendments to this ordinance shall only be initiated by the property owner
or the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. To amend Ordinance No. 4962 in which the City
of Auburn's established the. Business Park (BP) District zoning designation for
15.2 acres of property located on the southwest comer of 15th Street and "OA
Street SW in the City of Auburn by providing for a new list of permitted used, a
new site plan, and a new list of performance standards established in this
Ordinance 5607.
Section 2. The . above-cited . Findings of Fact, Conclusions and
Conditions are herewith approved and incorporated in this Ordinance by this
reference. . If there is any conflict or inconsistency between Ordinance No.
4962 and this ordinance regarding the list of uses, the site plan, performance
standards or conditions of approval, this Ordinance No. 5607 prevails.
---------------------
Ordinance No. 5607
November 16, 2001
Page .19
Section 3 . Constitutionality or Invalidity. 'if any section, subsection
clause or phase of this Ordinance is for any, reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
CN hereby expressly declared that this Ordinance and each section, subsection,
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sentence, clause and - phrase hereof would have been prepared, proposed
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adopted and approved and ratified irrespective of the fact that nay one or more
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I� section, subsection, sentence, clause or phase be declared invalid or
GN unconstitutional.
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Section 4. Recording. Upon the passage approval and publication of
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0 this Ordinance as provide by law, the City Clerk of the City of Auburn shall
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cause this Ordinance to be recorded in the office of the King County Auditor,
Division of Records and Elections.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 7. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
y
---------------------
Ordinance No. 5607
November 16, 2001
Page 20
---------------------
Ordinance No. 5607
November 16, 2001
Page 21
INTRODUCED: December 3, 2001
PASSED: December 3, 2001 '
APPROVED: December 3, 2001
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
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AP .ROVED AS TO FORM:
Michael'I Reynolds,
City Attorney,
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NPublished:
---------------------
Ordinance No, 5607
November 16, 2001
Page 22
LEGAL DESCRIPTION OF PROPERTY
LOTS 1 THROUGH 8, AUBURN 400 CORPORATE PARK DIV. 1, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 128 OF PLATS, PAGES 97
THROUGH 99, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE COUN'T'Y OF KING, STATE OF WASHINGTON.
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Ordinance 5607
Exhibit "A"
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ATTACHMENT #.1
PERMITTED USES
BLDG "A"
BLDG "B"
RETAIL PAD
I
Art, music and photography studios. `".
NO
YES
NO
2
Automobile service stations with incidental car wash.
NO
NO
YES
3
Bakery and pastry fps•
NO
YES
YES
4
Banking and related finarxid institutions.
NO
YES
YES
5
Buiildmg'contractor services.
YES
YES
NO
6
Caretaker quarters.
YES
YES
NO
7 •
Commercial recreation.
NO
YES
NO
8
Daycare.
YES( -1)
YES
YES
9
Delicatessens and restaurants.
YES(' 1)
YES
YES
10
Dry cleaning and laundry services
YES( -2)
YES( -3)
NO
I l
Equipment rental and leasing.
YES
•YES
NO
12
Grocery stores.
NO
NO
YES
13
Health and physical fitness dubs.
NO
YES
YES
14
Hobby shops.
NO
YES
NO
15
Small animal hospitals, does not allow outside runs or
kennels.
NO
YES .
-
NO
16
Meeting rooms and/or reception faciliiie&
NO
YES
NO
17
Personal service shops.
NO
YES
YES
18
Pharmacies.
NO
YES
YES
19
Printing and publishing.
YES
YES
NO
20
Profs offices.
YES
YES
YES
21.
Retail sales of the following and similar related goods.
Automobile parts, computers, flowers and house .
plants, furniture and home furnishings, garden and
farm supplies, hardware - including electrical, heating,
plumbing. glans, pant ,wdlpaper, and related goods,
household appliances}nursery and horticultural
products, office supplies and equipment,
photographic equipment kxAKiina finishing.
NO
YES
YES.
22
Reupholstery and furniture repair.
YES
YES
NO
23
Schools, including art, business, barber, beauty,
dancin , martial arts and music.
NO
YES
NO
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PERMITTED USES
BLDG "A"
BLDG "B"
RETAIL PAD
24
Secretarial services.
YES
YES
NO
25
Cold storage plants.
YES
NO
NO
26
Household movers and storage.
YES
NO
NO
27
Janitorial services.YES
YES
NO
28
Job training and vocational rehabilitation.
YES
YES
NO
Manufacturing, assembling and. packaging of articles,
.29
products and merchandise from previously prepared
YES
YES
NO
synthetic or natural materials.
Manufacturing, processing, blending and packaging
of the following: 1.) r Dairy products and by-products
such as mak, cream, cheese and butter, including the
processing and bottling of fluid mak and cream 2.)
Drugs, pharmaceilticds, toiletries, and cosmetics. 3.)
3or
Food and kindred products Gyrated to activities such as
YES
YES
NO
confectionery products, bakery products, and
beverages batting. 4.) Soaps, detergents, and other
household cleaners from previously prepared natural
materials and not involving the use of liquid bleach,
chlorine, kpdd ammonia. or caustics.
Manufacturing, proceeswV treating, assembling and
31
aging of articles, products or merchandise from
previously prepared ferrous, nonferrous or alloyed
YES
YES
NO
metals.
Manufacturing establishments engaged in etectrbruc,
32
automotive, aerospace, missile, aaframe, or related
YES
YES
NO
mahUfaciuring and assembly actfAfles.
Manufacturmng, fxocessing' assembling and
of precision kind products,
YES
YES
NO
Manufacturing, assembling, packaging and
34
development of computer equipment and software,
YES
YES
NO
and related producti
35
Research, development and testing of a permitted
use..
YES
YES.
NO
36
Retail and wholesale trade of products
manufactured, or assembled on-site.
YES
YES
NO
37
warehousing and distribution facilities, to include
Wholesale trade not open to the general pubic.
YES
YES
NO
Other sirrular uses which the planning director finds
38
compatible and consistent with the principal
YES
YES
YES
pennifted uses described'm this Business Park.
(' 1) These uses are limited to serving the on-site uses in Building "A".
('2) Limited to wholesale accounts, not open to general pubic.
('3) limited to retail, open to general pubic,
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