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ORDINAI~CE MO. 4 7 0 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING ORDINANCE NO. 4649 BY DELETING CONDITION
4 NO. 8-K.3 REQUIRING THE DEVELOPER TO PROVIDE LANDSCAPING ALONG
THE INTERURBAN TRAIL PRIOR TO OCCUPANCY OF THE "INCREDIBLE
5 UNIVERSE".
WHEREAS, Ordinance No. 4627 approved by the City Council
7 of the City of Auburn on April 28, 1993 provided for the
8 rezone of approximately 60 acres of property from M-1 to C-3
9 and adopted certain conditions of approval; and
]0 WHEREAS, Ordinance No. 4649 approved by the City Council
11 of the City of Auburn on December 6, 1993 provided for the
Addendum to Ordinance No. 4627; and
WHEREAS, the proposed amendment to Ordinance No. 4649 is
14 considered a minor change and has therefore been reviewed by
the Planning and Community Development Committee of the
Council and approved by the City Council;
17
WHEREAS, such opening of the "Incredible Universe" would
]8 likely be in advance of the fulfillment of certain conditions
19 delineated in Condition No. 8-K.3 of Ordinance No. 4649.
20
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
21
WASHINGTON, DOES ORDAIN AS FOLLOWS:
22
Section ~. City of Auburn Ordinance No. 4649 Addendum to
Ordinance No. 4627 approved by the City Council on December 6,
1993, is hereby amended to waive Condition No. 8-K.3 that
25
Ordinance No. 4704
September 27, 1994
Page1
!
2 required a l0 foot width of landscaping to be provided along
the Interurban Trail prior to the occupancy of the "Incredible
4 Universe". A copy of sa~d Condition No. 8-K.3 is attached
hereto as Attachment "A".
5
6 Section 2. All remaining sections and amendments to
7 Ordinance No. 4649 shall remain in full force and effect.
8 Section 3. The Mayor is hereby authorized to implement
9 such administrative procedures as may be necessary to carry
out the directives of this legislation.
11 .Be~t~on 4. This Ordinance shall take effect and be in
12 force five days from and after its passage, approval and
lS publication as provided by law.
14
15 INTRODUCED: October 3, 1994
]6
17 PASSED: 0ctoSer 3, 1994
]8
19 APPROVED: October 3, 1994
20
22 MAYOR
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24
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26
OrdinsRce No. 4704
September 27, 1994
Page 2
! ATTEST:
2
4 Robin Wohlhueter,
5 City Clerk
7
~tPPROVED AS TO FORM:
10 hael J. ~eynolds,
1! Acting City Attorney
12
17
2O
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23
24
25
O~inance No. 47~
Se~ember 27, 1994
Page3
ATTACHMENT "A" TO ORDINANCE NO. 4704
Page 13 of Ordinance No. 4649 Exhibit "A"
1
G. If necessary, the City agrees to use its power of
2 eminent domain to acquire the right-of-way necessary
to implement Conditions 8(B).
Hapsmith shall be responsible for all costs
4 associated with the process including acquisition,
legal fees, recording, notices, advertising, etc.
5 Hapsmith shall provide to the City all necessary
surveys, title reports, appraisals, etc., that the
6 City requires for the eminent domain process.
7 H. For those improvement listed in Condition 8(B), for
which other property owners and developers are
obligated to contribute funds by existing traffic
8 mitigation agreements, the City shall collect those
9 funds to be used for the construction of permanent
improvements that may be required by Condition 8(B).
]0 K. The applicant shall be responsible for making the
1] following improvements related to the Interurban
Trail as part of phase I-A.
1. A raised median shall be constructed on 15th
13 Street S.W. to provide a crossing refuge for the
Interurban Trail. The refuge shall be large enough to
accommodate six bicyclists. Warning signs shall be
14 installed on 15th Street S.W. and on the Interurban Trail
]5 that indicate the approaching intersection.
16 ((S?-A-~a--f"oo'L~-'~i-d-~-e~-~y~e---I-I---l-m-n~~_sha~
17
~he-~'.~-~.---~-~e~de.ee.p.~.~_..~e._p.~v.i. ded..w&~h~n
18 ~he--~gh~-e~-wayr--~hen--p~ev~s~ens--aeeep~ab~e__~e__~he
19 e~-~he-~andseap&n§-sha~-be-~ne~uded-&n-any-aq~eemen~_~e~
~qht-e~-wa2-use~))
20
4. The applicant shall prepare a plan for these
21 improvements to be approved by the Planning Director.
The improvements shall be substantially complete prior to
22 the issuance of the Certificate of Occupancy that allows
customer traffic for Phase I-A.
23 9. Fire
24 A. Construction permits for Phase I-A will not be
issued until the applicant delivers to the City a
25 written commitment and appropriate financial
Ordinance No, 4704 A~achment "A"
Se~ember 27, 1994
Page4