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Home My WebLink About6392 ORDINANCE NO. 6:3 9 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF _ AUBURN, WASHINGTON, AMENDING THE FIORITO BUSINE$S PARK REZONE APPROVED UNDER ORDINANCE NO. 6297 WHEREAS, Application No. REZ09-0003 has been submitted to the City Council by the Fiorito Brothers, Inc. requesting the rezoning of real property located at 15tn Street NW and M Street NW and designated by parcel numbers 1221049041, 1221049042, and 1221409043 ; and WHEREAS, the City Gouncil approved the Fiorito Business Park Rezone, Appljcation No. REZ09-0003, on March 15, 2010 by Ordinance No. 6297; and WHEREAS, Ordinance No. 6297 specified a maximum bui►ding area of 95,000 square feet; and WHEREAS, Ordinance No. 6297 esta6lished a process for amending the building area in the future; and WHEREAS, that amendment process established that changes shall be reviewed by the Planning and Community Development Committee of the City Council, or its successor. If the change is minor--less than 10% change--then the Committee shall make a recommendation to the City Council. If the change is major--greater than 10% modification—then the Committee shall refer 4he change to the Hearing Examiner. The Hearing Examiner shall conduct a public hearing and make a recommendation to the City Counc'il; and Ordinance No. 6392 November 17, 2011 Page 1 WHEREAS, #he proposed change to the rezone is an increase in building footprint square footage of 7,927 square feet which is an increase of eight percent; and WHEREAS, on November 15, 2011 the Planning and Community Development Committee of the City Council reviewed 4he proposed rezone change of increased building sguare footage and recommended approvai to the full Ci.ty Council; and WHEREAS; on November 21, 2011 the Aubum City Council considered the proposed rezone change of increased building s.quare footage as recommended by the Planning and Community DeVelopment Committee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWSc Secfion 1. The Gity Council ("Counc'il) adopts and approves the Business Park Rezone change of increased building square footage. Section 2. The Council adopts the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Ordinance No. 6297 established the following process for amendments to this Business Park rezone to occur as follows: a. The Planning Director may interpret the words and meaning of the certain conditions in order to resolve contlicts in implementation. b. If changes to the language of the rezone are required, such proposed changes shall be reViewed tiy the Planning and Community Development Committee of the City Council, or its successor. If the change is minor--less than 10% change—then the Committee shall make a recommendation to fhe Gity Council. If the change is major--greater than 10% modification—#hen the Committee shall refer the change to the Hearing Examiner. The Hearing Examiner shall conduct a public hearing and rriake a recommendation to the City Council. Ordinance No. 6392 November 17, 2011 Page 2 c. Amendments to the rezone shall only be initiated by the property owner or the City. 2. The Gity rec.e.iyed a deyelopment application for an industrial laund.ry facility at the subject site on September 2, 2011. 3. The proposed building footprint square footage of 102,822 square feet exceeds the allowable square footage established by Ordinance No. 6297 by 7,927 square feet or eight percent. 4. The Planning and Community Development Committee reViewed the proposed rezone change at their regularly scheduled meefing on November 14, 2011 and recommended approval to the fup City Council. 5. The Business Park Rezone ap"proved under Ordinance No. 6297 consists of three adjacent parcels (Parcel Nos. 1221049041, 1221049042, and 1221049043) located just north of 15�" Street NW and just east ofSR 167. 6. The environmental impacts of the proposed project have been reviewed and analyzed. A Determination of Non-Significance (DNS) was issued on October 6, 2011. The Gity received two comment letters during the comment period. No appeals were fied and the DNS is final. CONCLUSIONS OF LAW 1. The subject property is zoned Business Park (BP) and subject to Ordinance No. 6297. 2;. Ordinance No. 6297 established a process foramendments to the Fiorito Business Park Rezone as follows' a. The Planning Director may interpret the words and meaning of the certain conditions in order to resolve conflicts in implementation. b. If changes to fhe language of fhe rezone are required, such proposed changes shall be reviewed by the Planning and Community Deqelopment Committee of the City Council, or its successor. I,f the change is minor-- less than 10% change--then the Committee shall make a recommendation to the City Council. If 4he change is major—greater 4han 10% modification—then the Committee shall refer the change to the Hearing Examiner. The Hearing Examiner shall conduct a public hearing and make a recommendation to the City Council. Ordinance No. 6392 November 17,2011 Page 3 c. Amendments tb the rezone shall only be initiated by the property owneror the City. On May 18, 2011 the Planning Director determined that an institutional laundry service would be consistent with janitorial services and is an allowed use in the zone 'if 4he applica4ion shows compliance with all other provisions ofiOrdinance No. 6297 and that for purposes of this rezone, building area would be calculated based on firs#floor square footage. • 3: As discussed in Finding 6, the environmental impacts of the project have been addressed through the issuance of a DNS that became final on November 4, 2011 at 5;OOpm with no appe.als filed. 4: The conditions of approval outlined in Oriiinance No. 6297 are still in effect. Sec4ion 3. Upon the passage, approval, and publication of fhis Ordinance as provided by law, the City Clerk of the City of Aubum shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zgning Map amendments adopted herein, is for any reason held invalid or unconstitutional 6y 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 ttie remaining portions thereof. Section 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 8. This Ordinance shall take effect and be in force five days from and afterits passage, approyal, and pu.blication as provided by law. Ordinance No. 6392 November 17, 2011 Page 4 INTRODUCED: NOV 21 2011 PASSED: NOV 21 2011 _ _. _ __. - - APRROVED: NOV 2 t„ m� � � �. Peter B. Lewis _ _ __ __. MAYOR ATTEST: � `�'GliGt.�O�� Danielle E. Daskam, Ciry Clerk APPROVED AS TO FORM:. � Daniel B. Heid, City Attomey Published: /��S�� Ordinance No. 6392 November 17, 2011 Page 5