Loading...
HomeMy WebLinkAbout6639ORDINANCE NO. 6 6 3 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF KANA B, LLC FOR REZONING OF FOUR PARCELS TOTALING APPROXIMATELY 5.87 ACRES LOCATED EAST OF EAST VALLEY HIGHWAY FROM C1, LIGHT COMMERCIAL AND C3, HEAVY COMMERCIAL, TO M1, LIGHT INDUSTRIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING .MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, Jon Cheetham, representative of Kana B, LLC, the Applicant, submitted a rezone application on behalf of the Kana B, LLC (File #REZ15-0001) for the Kana B, LLC rezone on June 5 , 2015, for four parcels identified by King County, Ordinance No. 6639 February 21, 2017 Page 1 Washington, tax parcel numbers 31.21059056, 3121059010, 3121059036 and 3121059033;and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed Kana B, LLC Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Kana B, LLC Rezone; and WHEREAS, on, February 27, 2017, the Auburn City Council at a study session reviewed the proposed Kana B, LLC Rezone; as recommended by the City of Auburn Hearing Examiner, and WHEREAS, on March 6, 2017, the Auburn City Council considered the proposed Comprehensive Plan amendments as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council") adopts and approves the Kana B, LLC Rezone to change four parcels totaling approximately 5.87 acres located east of East Valley Highway from "Cl, Light Commercial", and "C3, Heavy Commercial", to "M1, Light Ordinance No. 6639 February 21, 2017 Page 2 Industrial" and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Jon Cheetham of Kana B, LLC. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal. Description. The Applicant has requested a rezone of 5.87 acres from C1 and C3 to M1. The site is composed of four parcels. Two parcels totaling 3.65 acres in the area are currently zoned C1. The remaining 2.22 acres is zoned C3. All four parcels are located on the east side of East Valley Highway between Lakeland Hills Boulevard and Lake Tapps Parkway East. The underlying comprehensive plan land use map designation for the north two parcels was amended to "Light Industrial" by ordinance adopted on December 5, 2016. The underlying comprehensive plan land use map designation for the south two parcels is currently "Light Industrial". The project site is primarily developed with a mix of single family residential and temporary storage of modular buildings authorized by a temporary use permit. The purpose of the rezone is to allow greater flexibility for the relocation and expansion of the Lakeridge Paving Company, to relocate from their current. facility in Maple Valley, WA. Ordinance No. 6639 February 21, 2017 Page 3 The existing approximately 5:87 -acre site is accessed by a north -south principal arterial road. The site has previously been cleared, is generally flat, and contains minimal vegetation. 4. Characteristics of the Area.: The rezone area is generally surrounded by undeveloped land to the east and agricultural land to the west. To properties to the north and south are zoned C1, with the north property developed with residential and the south property developed with a heavy construction contractor business. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. A Mitigated Determination of Environmental Non -Significance (MDNS) Was issued as part of the project in order to mitigate any impacts that may have resulted from the project. Specifically, additional landscaping review and screening will be required in order to reduce any aesthetic impacts that may have result from the future development of the site. CONCLUSIONS OF LAW Procedural - 1 . rocedural: 1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comprehensive Plan Land. Use _Map_Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Light Industrial". 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann- Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required., Id. at 112. The proposed rezone from C1 and C3 to M1 clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Plan Land Use Map designation for the property is currently Ordinance No. 6639 February 21, 2017 Page 4 Light Industrial and the current Light Commercial and Heavy Commercial zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone is mandated by RCW 36.70A.120 and ACC 14.22.050, which requires the City's zoning regulations to be consistent with its comprehensive plan The Comprehensive Plan identifies three implementing zones for the Light Industrial designation: Light Industrial (M-1), Environmental Park (EP) or Business Park (BP). Given the proximity of the East Valley Freeway and the compatibility of adjoining uses, the proposed Light Industrial district is appropriate for its proposed location. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while providing a significant opportunity for economic development in the City of Auburn.. DECISION The Hearing Examiner recommends approval of REZ15-0001 with the following conditions: 1. Prior to City approval of a Building Permit, Grading Permit, and/or Storm Permit, the Applicant shall provide a landscaping plan for City review and approval. The landscaping plan shall be prepared by either a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington certified nursery professional program, or a Washington State certified landscape technician (as provided in ACC 18.50) and shall include: a. A vegetated berm, at a minimum, consistent with the requirements of ACC 18.50, to achieve dense screening along the full length of the properties street frontage along A Street SE (except existing or authorized pedestrian and vehicle access points). The horizontal footprint of the berm shall .not be less than the minimum landscaping requirements under ACC 18.50 and the vertical profile of the berm shall incorporate appropriate undulations such that the berm has a natural, native appearance instead of one that is uniform and appears artificially created. The selection of plant species shall ensure year around screening and shall incorporate shrubs that provide understory screening below trees as they mature. b. Any fencing that is proposed or installed shall be located beyond the toe of the berm slope, on the interior side of the berm and/or landscaping. If chain link type fencing is proposed, it shall be black coated vinyl -type fencing. c. The landscape screening planted on the berm shall consist primarily of coniferous trees and shrubs with the intent of providing a dense screening of the Ordinance No. 6639 February 21, 2017 Page 5 site from views by the traveling public on A Street SE. It is acknowledged that the pedestrian and vehicle access point(s) will not be fully screened. Also, acknowledged that dense screening may not be achievable where it is necessary to provide adequate sight distance at vehicle access points, if the sight distance obstruction cannot be avoided by the installation of trees at a larger size than the city minimum size and limbed up. d. The species selection of evergreen and deciduous trees for this landscape screen shall be based on city review and approval of a cross-section of the berm to be shown on the landscape plan. The cross section must show the relationship of the size at planting and the mature tree height and spread to view angles from the street to the site development: The City may require the installation of a proportion of the trees at a larger size than the city minimum, if effective screening will not be provided within five years of planting at the minimum size. e. Landscaping shall be irrigated and shall be maintained in order to accomplish the objective of full visual screening. 2. The signage allowed at the site shall be limited as follows. a. Signage is limited to monument signs at vehicular access points and meeting zoning code standards. Landscaping, hardscaping, water features, arbors, and/or other design features shall be used to complement and accentuate monument sign(s). The design and relationship of the accent features shall be reviewed. by the city concurrently with the sign permit. The accent features must not out -of - scale and overwhelm the monument sign(s). b. Lighting for signage shall be limited to up -lighting or down -lighting where light fixtures are fully shielded. Landscaping may be used for shielding of up -lighting. Backlit signage will not be allowed. 3. Depending upon the type of use that is developed on the property, the proposed future development. of these 4 parcels could impact the water, sewer, and storm facilities required to serve the parcels. The zoning of the property defines the range of uses that can be permitted which has a resultant effect on the degree to which development will impact utility systems. The C-1, C-3 and M-1 all allow a variety of different types of land uses. Within each designation there uses that can have minimal or heavy impact on the existing utility system. For example, the M-1 zone allows for both mini storage which relies upon very little water usage or a manufacturing operation that places significant demands on the water system. Likewise, the C-3 zone allows retail which also relies upon very little water usage and restaurants, grocery stores, and hotels which consume larger amounts of water. Overall, it is difficult to evaluate the specific potential impacts to utilities without identifying the specific development proposal. For this rezone proposal the Ordinance No: 6639 February 21; 2017 Page 6 applicant has indicated their intent to use the property to locate their construction company offices and to store equipment and materials. If the site is developed in this manner it is not likely to have significant impacts on the water, sewer or storm infrastructure, however, the detailed impacts on the utility systems will be fully evaluated as part of the SEPA process for the site specific development proposal. Stormwater facilities would be required to comply with all applicable city storm drainage standards, including quantity and quality control. Appropriate best management practices for the specific manufacturing process would need to be implemented to prevent illicit discharges to the storm drainage system. Section 4. Upon the passage, approval, and publication of this.Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided .by law. Ordinance No. 6639 February 21, 2017 Page 7 INTRODUCED: MAR - 6 2017 PASSED: MAR - 6 2017 APPROVED: MAR - 6 2017 Nancy Backu MAYOR ATTEST: Cr Danielle E. Daskam, City Clerk APPROVED AS TO FORM: DanibT B. Heid, City Attorney Published: <,�� '�:::i 4 _1 --------------- Ordinance No. 6639 February 21, 2017 Page 8 (D o I w-iu-50- FIRST AMERICAN '�J________._._ Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 IINnVINIIlIIIIOgIIIIIIIII�tl��11VI�IlE 20181228000962 ORDINANCE Rec: $107.00 1212812018 3:08 PM KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6639) Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of S W 31 -TI -4�q U o 0�) Grantee/Assignee/Beneficiary: (Last name first) ;ald documents were filed of Fcord as an accomodation only. Kana B, LLC ;t r,as not been examined as to .;aer execution or as to its Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ❑ Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 3121059056, 3121059010, 3121059036, 3121059033 Assessor Tax # not yet assigned **PTNS GL 4 SEC 31-21-05 & PTNS SE 1/4 SE 1/4 SEC 36-21-4, AKA NEW PARCEL B, BLA NO. LLA -04- 0007, REC. 20050705001692; REVISED SMYERS PARCEL & REVISED COOL PARCELS A & B, BLA, REC. 20141006900001, KING COUNTY t ORDINANCE NO. 6 6 3 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF KANA B, LLC FOR REZONING OF FOUR PARCELS TOTALING APPROXIMATELY 5.87 ACRES LOCATED EAST OF EAST VALLEY HIGHWAY FROM C1, LIGHT COMMERCIAL AND C3, HEAVY COMMERCIAL, TO M1, LIGHT INDUSTRIAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City Council of the City of Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the City Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, on December 14, 2015, the Auburn City Council adopted an updated Comprehensive Plan which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City by Ordinance No. 6584; and WHEREAS, Jon Cheetham, representative of Kana B, LLC, the Applicant, submitted a rezone application on behalf of the Kana B, LLC (File #REZ15-0001) for the Kana B, LLC rezone on June 5 , 2015, for four parcels identified by King County, Ordinance No. 6639 February 21, 2017 Page 1 i Washington, tax parcel numbers 3121059056, 3121059010, 3121059036 and 3121059033;and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 18, 2017 conducted a public hearing on the proposed Kana B, LLC Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Kana B, LLC Rezone; and WHEREAS, on, February 27, 2017, the Auburn City Council at a study session reviewed the proposed Kana B, LLC Rezone; as recommended by the City of Auburn Hearing Examiner; and WHEREAS, on March 6, 2017, the Auburn City Council considered the proposed Comprehensive Plan amendments as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council") adopts and approves the Kana B, LLC Rezone to change four parcels totaling approximately 5.87 acres located east of East Valley Highway from "Cl, Light Commercial", and "C3, Heavy Commercial", to "M1, Light Ordinance No. 6639 February 21, 2017 Page 2 Industrial" and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Jon Cheetham of Kana B, LLC. 2. Hearing. A public hearing was held by the hearing examiner on the proposed rezone on January 18, 2017 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of 5:87 acres from C1 and C3 to M1. The site is composed of four parcels. Two parcels totaling 3.65 acres in the area are currently zoned C1. The remaining 2.22 acres is zoned C3. All four parcels are located on the east side of East Valley Highway between Lakeland Hills Boulevard and Lake Tapps Parkway East. The underlying comprehensive plan land use map designation for the north two parcels was amended to "Light Industrial" by ordinance adopted on December 5, 2016. The underlying comprehensive plan land use map designation for the south two parcels is currently "Light Industrial". The project site is primarily developed with a mix of single family residential and temporary storage of modular buildings authorized by a temporary use permit. The purpose of the rezone is to allow greater flexibility for the relocation and expansion of the Lakeridge Paving Company, to relocate from their current facility in Maple Valley, WA. Ordinance No. 6639 February 21, 2017 Page 3 The existing approximately 5.87 -acre site is accessed by a north -south principal arterial road. The site has previously been cleared, is generally flat, and contains minimal vegetation. 4. Characteristics of the Area. The rezone area is generally surrounded by undeveloped land to the east and agricultural land to the west. To properties to the north and south are zoned C1, with the north property developed with residential and the south property developed with a heavy construction contractor business. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. A Mitigated Determination of Environmental Non -Significance (MDNS) Was issued as part of the project in order to mitigate any impacts that may have resulted from the project. Specifically, additional landscaping review and screening will be required in order to reduce any aesthetic impacts that may have result from the future development of the site. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearinq Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. Substantive: 2. Comprehensive Plan Land Use Map Designation. The Comprehensive Plan Land Use Map designation for the proposed rezone area is "Light Industrial". 3. Case Law Review Criteria and Application. The Auburn City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann- Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from C1 and C3 to M1 clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Plan Land Use Map designation for the property is currently Ordinance No. 6639 February 21, 2017 Page 4 Light Industrial and the current Light Commercial and Heavy Commercial zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone is mandated by RCW 36.70A.120 and ACC 14.22.050, which requires the City's zoning regulations to be consistent with its comprehensive plan The Comprehensive Plan identifies three implementing zones for the Light Industrial designation: Light Industrial (M-1), Environmental Park (EP) or Business Park (BP). Given the proximity of the East Valley Freeway and the compatibility of adjoining uses, the proposed Light Industrial district is appropriate for its proposed location. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while providing a significant opportunity for economic development in the City of Auburn. DECISION The Hearing Examiner recommends approval of REZ15-0001 with the following conditions: 1. Prior to City approval of a Building Permit, Grading Permit, and/or Storm Permit, the Applicant shall provide a landscaping plan for City review and approval. The landscaping plan shall be prepared by either a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington certified nursery professional program, or a Washington State certified landscape technician (as provided in ACC 18.50) and shall include: a. A vegetated berm, at a minimum, consistent with the requirements of ACC 18.50, to achieve dense screening along the full length of the properties street frontage along A Street SE (except existing or authorized pedestrian and vehicle access points). The horizontal footprint of the berm shall not be less than the minimum landscaping requirements under ACC 18.50 and the vertical profile of the berm shall incorporate appropriate undulations such that the berm has a natural, native appearance instead of one that is uniform and appears artificially created. The selection of plant species shall ensure year around screening and shall incorporate shrubs that provide understory screening below trees as they mature. b. Any fencing that is proposed or installed shall be located beyond the toe of the berm slope, on the interior side of the berm and/or landscaping. If chain link type fencing is proposed, it shall be black coated vinyl -type fencing. c. The landscape screening planted on the berm shall consist primarily of coniferous trees and shrubs with the intent of providing a dense screening of the Ordinance No. 6639 February 21, 2017 Page 5 site from views by the traveling public on A Street SE. It is acknowledged that the pedestrian and vehicle access point(s) will not be fully screened. Also, acknowledged that dense screening may not be achievable where it is necessary to provide adequate sight distance at vehicle access points, if the sight distance obstruction cannot be avoided by the installation of trees at a larger size than the city minimum size and limbed up. d. The species selection of evergreen and deciduous trees for this landscape screen shall be based on city review and approval of a cross-section of the berm to be shown on the landscape plan. The cross section must show the relationship of the size at planting and the mature tree height and spread to view angles from the street to the site development. The City may require the installation of a proportion of the trees at a larger size than the city minimum, if effective screening will not be provided within five years of planting at the minimum size. e. Landscaping shall be irrigated and shall be maintained in order to accomplish the objective of full visual screening. 2. The signage allowed at the site shall be limited as follows. a. Signage is limited to monument signs at vehicular access points and meeting zoning code standards. Landscaping, hardscaping, water features, arbors, and/or other design features shall be used to complement and accentuate monument sign(s). The design and relationship of the accent features shall be reviewed by the city concurrently with the sign permit. The accent features must not out -of - scale and overwhelm the monument sign(s). b. Lighting for signage shall be limited to up -lighting or down -lighting where light fixtures are fully shielded. Landscaping may be used for shielding of up -lighting. Backlit signage will not be allowed. 3. Depending upon the type of use that is developed on the property, the proposed future development of these 4 parcels could impact the water, sewer, and storm facilities required to serve the parcels. The zoning of the property defines the range of uses that can be permitted which has a resultant effect on the degree to which development will impact utility systems. The C-1, C-3 and M-1 all allow a variety of different types of land uses. Within each designation there uses that can have minimal or heavy impact on the existing utility system. For example, the M-1 zone allows for both mini storage which relies upon very little water usage or a manufacturing operation that places significant demands on the water system. Likewise, the C-3 zone allows retail which also relies upon very little water usage and restaurants, grocery stores, and hotels which consume larger amounts of water. Overall, it is difficult to evaluate the specific potential impacts to utilities without identifying the specific development proposal. For this rezone proposal the Ordinance No. 6639 February 21, 2017 Page 6 applicant has indicated their intent to use the property to locate their construction company offices and to store equipment and materials. If the site is developed in this manner it is not likely to have significant impacts on the water, sewer or storm infrastructure, however, the detailed impacts on the utility systems will be fully evaluated as part of the SEPA process for the site specific development proposal. Stormwater facilities would be required to comply with all applicable city storm drainage standards, including quantity and quality control. Appropriate best management practices for the specific manufacturing process would need to be implemented to prevent illicit discharges to the storm drainage system. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. Ordinance No. 6639 February 21, 2017 Page 7 INTRODUCED: MAR - 6 2017 PASSED: MAR - 6 2017 APPROVED: MAR - 6 2017 -kw Nancy Backu MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Danibf B. Hei City Attorney Published: ;�,z., c� :::x , _,� Ordinance No. 6639 February 21, 2017 Page 8,