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HomeMy WebLinkAbout4704 ! 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 23 24 25 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 22 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