HomeMy WebLinkAbout4962Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECEt¥'E) Tills
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Ordinance No. 4962
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Reference Number(s) of Documents assigned or released:
[-IAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
1. South Seventh Corporation
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GranteelAssigneelBeneficiary: (Last name first)
1. Auburn, City of
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Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lots 1 through 8, inclusive, Auburn 400 Corporate Park Div 1
[] Additiona ega s on page 8 of document.
Assessor's Property Tax Parcel/Account Number
[] Assessor Tax # no~ yet assigned
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ORDINANCE NO. 4 9 6 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
15TH STREET AND ~0" STREET SW, WITHIN THE CITY OF AUBURN,
WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM
M-1 (LIGHT INDUSTRIAL) TO BP (BUSINESS PARK).
WHEREAS, Application No. REZ0004-95 has been submitted to
the Council of the City of Auburn, Washington, SOUTH
SEVENTH CORPORATION, requesting real
property hereinafter described in
and
WHEREAS, said request
by the
the rezoning of the
Section 2 of the Ordinance;
above referred to, was referred to
the Hearing Examiner for study and public hearing thereon;
WHEREAS, the Hearing Examiner, based upon staff
held a public hearing to consider said petition in the
Chambers of the Auburn City Hall, on March 19, 1996, at
conclusion of which the Hearing Examiner recommended
approval of the rezoning of said property; and
WHEREAS, the City Council, on April 7, 1997, considered
said request and scheduled a closed record hearing to be held
on April 21, 1997; and
and
review,
Council
the
the
Ordinance No. 4962
April 29, 1997
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WHEREAS, the City Council, on April 21, 1997, conducted a
closed record hearing and at the conclusion of which affirmed
the Hearing Examiner's recommendation for rezone based upon
the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
The South Seventh Corporation, owners of a 15.2 acre
parcel of property located at the southwest corner of
15th and ~O" Street SW, filed an application on May 5,
1995, requesting that a business park be established on
the subject property.
Surrounding zoning and land uses in the vicinity include
C-3, SuperMall, to the north; the City of Algona to the
south; M-l, Boeing offices, to the east; and M-l, flood
storage ponds, to the west. The Comprehensive Plan
designates the site for light industrial uses while land
to the east and west have a similar Comprehensive Plan
designation. The SuperMall to the north is designated
for commercial uses in the Comprehensive Plan.
The property is currently vacant and is zoned M-i, Light
Industrial. The Auburn Zoning Code provides for Business
Park pursuant to Chapter 18.36. 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.
The Zoning Code allows for the establishment of any site
within a ~region serving" area as illustrated on the
Comprehensive Plan which is zoned either commercial or
industrial. Map 3.2 of the Comprehensive Plan entitled
Ordinance NO. 4962
April 29, 1997
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"Urban Form" illustrates the subject property to be
within the region serving area of the City. The proposed
rezone is consistent with the Business Park district
Comprehensive Plan designation.
The approval process for business park includes two
steps. The first step is the conceptual approval of a
business park by the Hearing Examiner and City Council.
This process is a rezone process as established by the
Zoning Ordinance at Section 18.68.030. The second step
is final approval of the site plan by the Planning
Director following the approval of the BP district for
the site by the City Council.
The BP district is implemented by a contract rezone
including an agreement which establishes the type, square
footage, and general locations of the uses, the location
and size of the park, appropriate, restrictive covenants,
public improvements, and the responsibilities of the
owner/developer.
The Zoning Ordinance authorizes only those uses approved
by the contract rezone in the BP district. The uses
which are established in the contract are drawn from uses
listed in the M-1 zone which are permitted outright as
well as those allowed by an administrative or conditional
use permit, and those uses listed in the C-3 zone which
are permitted outright. The Ordinance allows any
procedural or substantive conditions to implement the BP
district.
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The application submitted listed 17 different uses which
the applicant would like to have considered within the BP
district. While these uses were listed, the
environmental review of the project considered a 10
screen, 3,200 square foot cinema, an automobile service
station with convenience store, a 70,000 square foot 150
room motel, and two restaurant uses approximately 7,200
to 7,400 square feet in size.
Ordinance NO. 4962
April 29, 1997
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Commercial zoning of the property lying across 15th
Street to the north was approved by the City in 1993 for
the construction of a two million plus square foot
shopping complex known as the SuperMall. The initial
phase of this development has been constructed and opened
for business in the Fall of 1995.
When the City was going through the rezone process for
the SuperMall, concern was raised by the City that the
SuperMall would create uncontrolled spin-off or strip
commercial development on adjacent and nearby properties.
Such development would not be in the best interest of the
City and while concern was raised, there was no
development moratorium placed on any of the adjacent
properties.
At the time of the public hearing on this rezone, the
opponent of the rezone, to wit, the SuperMall, presented
substantial evidence about the availability of other
properties in the vicinity for rezone which evidence was
directly contrary to evidence presented by the same party
during the hearings on the development for the SuperMall.
Commercial development around the SuperMall should be
carefully regulated. The City's desire to carefully
regulate such development has been evidenced by the
adoption of Policy LU-74 adopted in April, 1995 prior to
submittal of the subject application. New development is
required to meet certain criteria as set forth in Policy
LU-74.
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Prior to the approval of the BP district, in accordance
with Zoning Ordinance Section 18.36.020, the
owner/developer must demonstrate a public benefit will
result and that proper architectural, site, and landscape
design standards have been implemented which must be
significantly superior to those required in an industrial
zone. The project contains eight lots which will be
subdivided into six lots and a design scheme will be
coordinated such that each lot will share parking,
Ordinance No. 4962
April 29, 1997
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access, be connected with pedestrian walkways, have
similar landscaping, and signing, lighting, and common
architectural features. The project will look like one
planned development as opposed to 8 individual, unrelated
uses that are allowed to happen with the existin~ zoning.
The Ordinance also requires
on the public infrastructure
effectively mitigated.
that no significant impacts
shall occur which cannot be
Assurances 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. While the application listed 17
potential uses, the list of potential uses to be included
within the contract rezone for this parcel should be as
follows:
16.
Automobile service station
Banks and financial institutions
Convenience ~rocery store
Daycare
Delicatessens and restaurants
health and physical fitness clubs
Meeting rooms and/or reception facilities
Motels
Personal service shops
Professional offices
Secretarial services
Theater (cinema) or comparable indoor
entertainment
commercial
The environmental review for the project considered the
impacts of the development and operation of various uses
listed above. Additional environmental review may be
required for any of the other uses which may be developed
in a BP district. In order to 9ire predictability to the
development and provide assurances for neighborin~
property owners, if there are other uses proposed, other
than the service station, motel, restaurant and theater,
Ordinance NO. 4962
April 29, 1997
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those uses should not generate
further impacts or increase the
which was originally proposed and
the environmental review process.
exceed those limitations, then
contract rezone would be required
environmental review.
more traffic or provide
building area above that
considered as part of
If any project were to
an amendment to the
in addition to further
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The Final Mitigated Determination of Non-Significance was
issued on February 15, 1996, containing 26 mitigating
conditions. The Final MDNS was appealed, and a small
portion of the traffic analysis was remanded to the
Responsible Official for further review. The appeal was
ultimately denied.
The development of the SuperMall and the adoption of the
BP zoning district constitute a change in circumstance
which justify the consideration of a new zoning
designation for the site.
CONCLUSIONS OF LAW
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The BP zoning designation may be approved on the site.
The development proposed on the site meets the intent of
the BP district. It will provide superior architecture,
site and landscape design, than what otherwise is
required by existing M-1 zoning. It is within the
"region serving" area of the Comprehensive Plan and the
property is properly zoned to allow for a BP designation.
With the development of the SuperMall, there has been a
change in circumstance which warrants consideration of a
different use on the property other than the existing M-1
zoning. The site will be developed in a manner which is
not conducive to strip type commercial development.
There is no legal authority for restricting or precluding
the proposed development.
Ordinance NO. 4962
April 29, 1997
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The proposal is consistent with Comprehensive
74 which was written specifically to address
near the SuperMall.
Policy LU-
development
A planned business park is more superior to having small
uncoordinated development. A planned business park can
be more thoroughly and carefully regulated than can small
uncoordinated development under different ownerships.
The existing zoning on the site can allow f~r much more
intense uses which could generate even more traffic.
There is limited vacant land that available and/or ready
for development. In any event, the City is not in any
way persuaded that it is permissible to consider the
speculative cumulative impacts of future development and
each separate land use decision. The City, the
proponent, and the opponent, are all represented by
counsel. The Hearing Examiner has done independent legal
research. No authority for considering the speculative
cumulative impacts of future development has been
discovered.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this rezone from M-1 (Light Industrial) to BP
(Business Park) is hereby approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 4962
April 29, 1997
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of Fact and Conclusions,
Ordinance.
~ The following described property located on
the southeast corner of 15th and ~0" Street SW, situate in the
City of Auburn, County of King, State of Washington, be and
the same is hereby rezoned from M-1 (Light Industrial) to BP
(Business Park) and legally described as follows:
Lots 1 through 8, inclusive, Auburn 400
Corporate Park Div. 1, according to the
plat thereof recorded in Volume 128 of
Plats, pages 97 through 99, inclusive, in
King County, Washington.
The above cited Hearing Examiner's Findings
are herewith incorporated in this
recommendation of the
Council on this rezone
For each of the above reasons, affirming the
Hearing Examiner to the Auburn City
application is conditional approval,
subject to the following conditions:
The types of uses to be allowed within the subject
business park shall be based upon the following:
Automobile service station
Banks and financial institutions
Convenience grocery store
Daycare
Delicatessens and restaurants
Ordinance No. 4962
April 29, 1997
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Health and physical fitness clubs
Meetin9 rooms and/or reception facilities
Motels
Personal service shops
Professional offices
Secretarial services
Theater (cinema) or
entertainment.
comparable indoor
commercial
The 9eneral location of the buildings to be developed on
the site shall be consistent with the site plan dated
November 14, 1995 and revised 3-3-96, and the preliminary
plat dated 12-15-95 and revised 3-8-96.
If the motel is not built as proposed on Lot 1, then
the lot may be developed with no more than two buildings.
The minimum size of a building foot print shall be 15,000
square feet and the maximum building square footage for
the lot shall not exceed 70,000.
There shall not be more than one building built on each
of Lots 2, 3 or 4. The square footage of the building on
Lot 2 shall not be less than what is currently proposed
for the service station. The square footage of the
buildings on Lots 3 and 4 shall be a minimum of 5,000
square feet and a maximum of 10,000 square feet.
The theater shall be limited to a maximum of 15 screens.
If the theater is not built on Lot 5 than no more than 3
buildings may be placed on the lot. The smallest size of
the building to be 7,500 square feet and the aggregate
square footage shall not exceed that of the theater as
illustrated on the aforementioned site plan.
If there are uses proposed to be built on the site other
than what was analyzed as part of the environmental
review, file # SEP0017-95, then additional environmental
review may be required as determined by the SEPA
regulations. In no case shall the development of this
proposal, with uses other than those analyzed as part of
Ordinance No. 4962
April 29, 1997
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SEP0017-95, be allowed to exceed 483 daily vehicle trips
in the PM peak hour. When uses, other than those
analyzed as part of SEP0017-95, are proposed then at the
time of submittal for permits the applicant shall provide
evidence to the City that proves that traffic generated
by the project will not cause the 483 daily vehicle trips
in the PM peak hour for the entire plat to be exceeded.
Prior to the occupancy of any building on any lot the
street, that connects 15th to ~O" Street, shall be
constructed to the standards as outlined~ in Section
17.12.100 of the City's Land Division Ordinance.
A master landscaping plan shall be prepared for the
entire development that provides for similar type and
size of landscaping materials for all the 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 requirements. The landscaped berm shall
be constructed and planted prior to occupancy of any
building with the business park.
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.
A master sign plan shall be prepared that coordinates the
exterior signs of the individual tenants. The
architectural design of the tenants' logos are not
intended to be altered by this condition. To avoid the
appearance of a 'strip commercial' development and to be
consistent with the sign requirements of the SuperMall
Ordinance No. 4962
April 29, 1997
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the freestandin9 signs identifyin9 the tenants that have
frontage on 15th Street shall be limited to 12 feet in
height. If the sign is placed on the buildin~ side of
the landscaped berm, then the sign may be increased by
the height of the berm. Si~n height shall be measured
from the grade adjacent to the berm to the top of the
sign or si~n structure.
All exterior lighting shall be designed and constructed
such that the direct illumination does not .unreasonably
"spill over" on adjoining property. All light standards
within each parcel, other than the light standards on the
public streets, shall be of similar design.
Pedestrian walkways shall be provided that connect all of
the parcels to one another.
The applicant shall prepare plans for conditions 5, 6, 7,
8 and 9. 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 conditions of the Final Mitigated Determination of
Non-significance, file #SEP0017-95, are incorporated
herein by reference. In addition, the final MDNS has
been remanded to the Responsible Official. Any new
conditions which may occur as a result of the remanded
FMDNS are hereby incorporated herein by reference.
The contract rezone as required by Section
18.36.020(A) (1), of the Zonin9 Ordinance, shall be
executed between the property owner and the City prior to
any permits bein~ issued.
Amendments to this ordinance may occur as follows:
no
The Plannin~ Director may interpret the
meaning of certain conditions in order
conflicts in implementation.
words and
to resolve
Ordinance No. 4962
April 29, 1997
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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 hearin~ and make a recommendation to the
City Council.
Amendments to this Ordinance shall only be initiated by
the property owner or the City.
~ 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 Auditor, Division of Records and
Elections.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4962
April 29, 1997
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force five days from and after
publication as provided by law.
This Ordinance shall take effect and be in
its passage, approval and
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
~'~tl t oJ~~n~eR~~yn
. olds,
Ordinance No. 4962
April 29, 1997
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