Loading...
HomeMy WebLinkAbout56072$$201140$$449 Return Address: PAGEFIC 001"OFTIT 027G0RD 35.00 01%14/2002 0919 Auburn City Clerk K1hr rOLINTV HR City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Ordinance No. 5607 Reference Number(s) of Documents assigned or released: DAdditional reference ft on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) BUSINESS PARK a7 �3 5 Grantee/Assignee/Beneficiary: (Last name first) L-0 101 sf CITY OF AUBURN 'SUlXX1YTbIftR7kp} lillly li t.' _ :s;isflltt as y{ I Nc t, are ow,w Wic Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 thorough 8, Auburn 400 Corporate Park Div 1, according to the Plat thereof recorded in volume 128 of Plats Pages 97 through 99, records of King County, WA. ® Additional legal is on page 24 of document. Assessor's Property Tax Parcel/Account Number Assessor Tax # not ORDINANCE NO. 5 6 0 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING REVISIONS TO THE BUSINESS PARK DESIGNATION APPROVED IN ORDINANCE NO. 4962 FOR THE 15.2 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 15TH STREET AND "O" STREET SW WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn approved and adopted Ordinance No. 4962 changing the zoning classification for the 15.2 acres of property located at the southwest corner of 15'h Street and "O" Street SW, as legally described in cr, Exhibit "A" attached hereto and incorporated herein by this reference, from M-1 o (Light Industrial) to BP (Business Park); and WHEREAS, Ordinance 4962 established a list of permitted uses, 0 approved a site plan and provided for a number of performance standards for a N O specific development on the subject site pursuant to ACC 18.36; and WHEREAS, the 15.2 acre site was not developed as approved and provided for in Ordinance 4962 and remains a vacant site; and WHEREAS, the City of Auburn has received a request to amend the previous Business Park zoning designation to include a revised list of permitted uses, a new site plan and a new list of performance standards; and --------------------- Ordinance No. 5607 November 16, 2001 Page 1 WHEREAS, the Business Park zoning designation authorized by Chapter 18.36 of the Auburn City Code and approved in Ordinance 4962 remains in force on the subject property; and WHEREAS, the Hearing Examiner, based upon staff review, held the required public hearing to consider the request to amend the previous Business Park zoning designation approval in Ordinance 4962 in the Council Chambers of Auburn City Hall on November 14, 2001; and WHEREAS, at the conclusion of the November 14, 2001 hearing, the Hearing Examiner recommended approval of a new list of permitted uses, a new site plan, and a new list of performance standards; and G o WHEREAS, the City Council on November 19, 2001, considered said request for amendment and affirmed the Hearing Examiner's recommendations 0 for a new list of permitted uses, a new site plan and a new list of performance a 0 N standards based on the following Findings of Fact and Conclusions of Law and Decision, to wit: FINDINGS OF FACT 1. The Auto Nation USA Corporation, the owners of a 15.2 -acre parcel of property located at the southwest corner of 15th and "O" Street SW, have filed an application requesting that the Business Park District, that is currently established on the subject property, be revised. The Business Park --------------------- Ordinance No. 5607 November 16, 2001 Page 2 I (BP) District zoning is allowed pursuant to Chapter 18.36 of the Auburn Zoning Code. 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. 2. In 1995 the City of Auburn approved the zoning for a Business Park at the subject property. That approval allowed for the following: Automobile service station Banks and financial institutions C" Convenience grocery store Daycare Delicatessens and restaurants o Health and physical fitness clubs Meeting rooms and/or reception facilities Motels o Personal service shops N Professional offices o Secretarial services N Theater (cinema) or comparable indoor commercial entertainment. 3. The property has, however, not developed and is currently vacant. The current proposal would also allow for some of the previously approved uses except for the motel and theater. There is also requested to have warehousing, manufacturing and other light industrial uses. Please see Attachment #1 for the complete list of proposed uses. --------------------- Ordinance No. 5607 November 16, 2001 Page 3 The site plan is also proposed to be revised to reflect a new layout for the buildings. Two alternative site plans have been submitted for review. The site plan identified as "SD1" illustrates two large buildings. Building "A" is the southern most building and fronts on Boundary Boulevard. It is approximately 208,989 square feet in size. Building "B" is the northern most building and fronts on 15th Street SW. Building "B" is approximately 106,718 square feet in size. The buildings would share a common loading and unloading area that would be located between the two buildings C" v n It is envisioned that Building "A" would have most of the warehousing and industrial uses. Since Building "B" has frontage on 151h Street SW and is O across from the SuperMall, the non -industrial uses would likely be within this G O `v building. The applicant has also requested that building "A" could be up to three separate buildings and building "B" could be up to two separate buildings. The total square footage would, however, not be greater if there were multiple buildings. An alternative site plan identified as "SD1-retail' has also been submitted that illustrates a 'retail pad" at the intersecting corner of 15'h and "O" Street SW. This could be a freestanding commercial use such as a gas station. --------------------- Ordinance No. 5607 November 16, 2001 Page 4 4. Pursuant to Section 18.36.020, the BP district shall be implemented by a contract rezone and shall include an agreement that establishes the type, square footage and general locations of the uses, the location and size of the park, restrictive covenants, public improvements, and the responsibilities of the owner/developer. 5. Pursuant to Section 18.36.030, only those uses authorized by the contract rezone may be allowed in the BP District. The uses that are established in the contract are drawn from those listed in the M-1 zone which are permitted outright as well as those which are allowed by an administrative or conditional use permit; and those uses listed in the C-3 zone that are permitted outright. Section 18.36.030 also allows the Hearing Examiner and City Council to establish any procedural or substantive conditions to implement the BP District. 6. All of the uses listed in Attachment #1 are allowed within the existing M-1 zone with the exception of the art, music and photography studios; bakery and pastry shops; dry cleaning and laundry services; hobby shops; small animal hospitals; pharmacies; meeting rooms and/or reception facilities; retail sales of automobile parts, flowers and house plants, furniture and home furnishings, ----------- Ordinance No. 5607 November 16, 2001 Page 5 household appliances, nursery and horticultural products, office supplies and equipment, photographic equipment including finishing; schools, including art, business, barber, beauty, dancing, driving, martial arts and music. All of these uses are permitted in the C-3 zone and therefore can be permitted as part of the Business Park. 7. Pursuant to Section 18.36.020, the approval process for business parks includes two steps. The first step is the conceptual approval of the business park by the Hearing Examiner and City Council. This process is the rezone process as established by Section 18.68.030 of the Zoning a o Ordinance. The second step is the final approval of the site plan by the v Planning Director once the BP District has been approved by the City 0 Council. CV 0 0 N 8. In 1993, the City approved additional commercial zoning on the property that lies across 15th Street to the north of the subject property. The zoning allowed for the construction of a two million (plus) square foot shopping complex, also known as the SuperMall. The initial phase of the SuperMall has been constructed and opened for business in the Fall of 1995. --------------------- Ordinance No. 5607 November 16, 2001 Page 6 9. When the City was going through the rezone process for the SuperMall, there was concern raised that the SuperMall would create uncontrolled "spin off or strip commercial" development on adjacent or nearby parcels, that would not be in the best interests of the City. While there was concern raised, the City did not put any type of moratoria on developing the adjacent properties. 10. While there are limited opportunities for additional commercial v: development near the SuperMall any such development should be carefully considered. This is evidenced by the following Comprehensive Plan policy the City has recently adopted regarding development near 0 the SuperMall. C+ O N LU -74 Additional commercial development of land near the SuperMall shall be limited to those properties whose comprehensive plan designation and existing zoning (or a possible rezone to business park designation) allow for commercial uses. This development must meet the following conditions: a. If the new development is on industrially zoned property, the development shall be limited to office, entertainment, or other uses, e.g. motels, which complement the uses at the SuperMall. General retail uses would only be allowed in limited instances and only if incidental and subordinate to another use on the site. b. Small, individual commercial developments are discouraged. --------------------- Ordinance No. 5607 November 16, 2001 Page 7 C. The traffic impacts of the commercial development shall receive significant consideration and will be mitigated as referred in this Plan. 11. The subject request to modify the existing business designation is generally consistent with this policy in that the general retail that is being proposed is limited and incidental. 12. The Business Park that was previously approved was approved in part because it would have provided for a more coordinated development than the prior M-1, Light Industrial zoning and lot layout would have o provided. The subject property is currently divided into 8 separate lots. 0 a The proposal is to "adjust' the 8 lots into 3 or 4. While there will be o separate lots, the design scheme will be coordinated such that each lot owill share parking, access, be connected with pedestrian walkways, have similar landscaping, signing, lighting, and common architectural features In summary, the project will look like one planned development as envisioned with the previous business park zoning. 13. Section 18.36.020, of the Zoning Code, requires that before a BP District is approved that the owner/developer shall demonstrate that a public benefit will result and the project contains architectural, site, and landscape design standards that are significantly superior to those --------------------- Ordinance No. 5607 November 16, 2001 Page 8 required of the industrial zone. As previously mentioned, the project will continue to provide features that will provide for a public benefit that were previously envisioned by the prior approval. 14. Section 18.36.020 also requires that no significant impacts on the public infrastructure shall occur that cannot be effectively mitigated. The environmental review process for this project took several months, and the public infrastructure was carefully reviewed and appropriate mitigation Cn measures imposed. Implementation of the mitigation measures will ensure that o no significant impacts to the public infrastructure will occur. 0 15. While all of the uses that are listed could be allowed within the BP r o District, it is appropriate to calculate each use and limit the range of uses in G N order to ensure that any use developed within the subject property is consistent, complements and is compatible with any other use that is developed. Assurances also 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. 16. The environmental review for the project considered the impacts of the development and the City on September 7, 2001 issued a Final --------------------- Ordinance No. 5607 November 16, 2001 Page 9 Mitigated Determination of Non Significance (MDNS) for the proposed project. The MDNS contained 15 mitigating conditions that addressed soils, storm drainage, erosion control, flood water storage, wetlands, and traffic. 17. Related Comprehensive Plan policies: GP -18 Flexible land development techniques including, but not limited to, clustering and planned unit developments (PUDs) for the development of residential, commercial, and industrial properties shall be considered to implement this comprehensive plan. cts LU -66 The City shall encourage the grouping of individual o commercial enterprises along commercial arterials to promote the -- sharing of parking areas, access drives and signs. Such grouping c+ can be encouraged through land division regulations, sign G regulations and development standards. LU -74 Additional commercial development of land near the SuperMall shall be limited to those properties whose comprehensive plan designation and existing zoning (or a possible rezone to business park designation) allow for commercial uses. This development must meet the following conditions: a. If the new development is on industrially zoned property, the development shall be limited to office, entertainment, or other uses, e.g. motels, which complement the uses at the SuperMall. General retail uses would only be allowed in limited instances and only if incidental and subordinate to another use on the site. --------------------- Ordinance No. 5607 November 16, 2001 Page 10 b. Small, individual commercial developments are discouraged. c. The traffic impacts of the commercial development shall receive significant consideration and will be mitigated as referred in this Plan. LU -109 The grouping of uses which will mutually benefit each other or provide needed services will be encouraged. a. Compatible commercial uses may be permitted in designated industrial areas, particularly those that primarily serve industrial businesses or their employees. b. Planned developments (such as 'office parks") which provide a a. mixture of light industrial with supporting commercial uses are encouraged. cs n o c. Uses which support industrial and warehouse activities should be located near those uses. R= ED -2 The Auburn Thoroughbred Racetrack, the Muckleshoot Casino, C, and the SuperMall of the Great Northwest offer opportunities for o economic diversification that should be optimized by the City. N 18. The contents of the case file REZ01-0002, the environmental review file SEP01-0010, and the case file and environmental file of the previously business park approval (file Ws REZ0004-95 and SEP0017-95, respectively) are hereby made a part of this record. CONCLUSIONS It is has concluded that the revision to the existing Business Park designation may be approved on the subject property, if properly conditioned, in that: --------------------- Ordinance No. 5607 November 16, 2001 Page 11 b. Small, individual commercial developments are discouraged. c. The traffic impacts of the commercial development shall receive significant consideration and will be mitigated as referred in this Plan. LU -109 The grouping of uses which will mutually benefit each other or provide needed services will be encouraged. a. Compatible commercial uses may be permitted in designated industrial areas, particularly those that primarily serve industrial businesses or their employees. b. Planned developments (such as "office parks") which provide a mixture of light industrial with supporting commercial uses are -a encouraged. v c. Uses which support industrial and warehouse activities should be located near those uses. ED -2 The Auburn Thoroughbred Racetrack, the Muckleshoot Casino, n and the SuperMall of the Great Northwest offer opportunities for Neconomic diversification that should be optimized by the City. 18. The contents of the case file REZ01-0002, the environmental review file SEP01-0010, and the case file and environmental file of the previously business park approval (file #'s REZ0004-95 and SEP0017-95, respectively) are hereby made a part of this record. CONCLUSIONS It is concluded that the revision to the existing Business Park designation may be approved on the subject property, if properly conditioned, in that: --------------------- Ordinance No. 5607 November 16, 2001 Page 11 0 0 N G O N I . It is consistent with the previous Business Park approval and it meets the intent of the BP District in that it will provide superior architecture, site and landscape design than what otherwise is required by the previous M-1 zoning on the subject property. It is within the 'region serving" area of the Comprehensive Plan and the property is properly zoned to allow for a BP designation. 2. There have been no moratoria or other restrictions placed upon this property that would preclude this development. 3. The proposal is consistent with the Comprehensive Policy LU -74 which was written specifically to address development near the SuperMall. 4. Development will be coordinated as to use, architecture, traffic, signage, and utilities in much the same manner that was used in the approval of the SuperMall. This will ensure compatibility with not only the SuperMall, but the light industrial uses in the area. For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval, subject to the following conditions: 1. The types of uses to be allowed within the subject business park shall be consistent with those as listed in Attachment #1. Ordinance No. 5607 November 16, 2001 Page 12 2. The general location of the buildings to be developed on the site shall be consistent with the site plan identified as "SDI" and revised as of 3-6- 01 and/or the site plan identified as "SDI -retail' and revised as of 7-13-01. A. Building "A" may be up to three separate buildings however any cumulative square footage of any combination of buildings shall be approximate to 208,989 square feet. B. Building "B" may be two separate buildings; however, any u+ e� cumulative square footage of any combination of buildings shall be c� approximate to 106,718 square feet. 0 r 1. At least 25% of the total square footage of the north G O `v facade of building `B" shall be glassed area. If there is more than one building, then each building shall meet this requirement. The purpose is to provide pedestrian type features as well as be more visually compatible with the commercial uses across the street. (As opposed to a large blank concrete wall typically associated with a warehouse). At a minimum, the first 20 feet of the building interior, that is visible (at eye level) through this glassed -in area, --------------------- Ordinance No. 5607 November 16, 2001 Page 13 shall contain tenants/uses that are similar to typical retail and or service use(s) which are oriented to "people activity" that may include but not be limited to office, lobby, customer counter, product sales or display, dining area, or showroom. These uses could be separate uses or incidental to another use within the same building. There shall not be permitted in this first 20 feet any storage/warehousing or manufacturing/assembly activities. C. If there is a separate freestanding commercial pad as illustrated on site plan "SD1-retail', the parcel shall be no larger than 30,000 square feet and contain no more than one principal building on the pad. An accessory or subordinate building such as an espresso stand or similar use may be allowed. The architectural features of the building(s) on the pad shall be consistent with architectural features of Building "B". 3. Since there is a wide range of uses that can potentially be permitted in the business park and each may have a wide range of parking --------------------- Ordinance No. 5607 November 16, 2001 Page 14 needs and traffic generation characteristics, it is important that a monitoring plan be established. The plan would ensure that the ultimate development of the business park does not exceed the amount of traffic that was analyzed and expected as well as ensure that parking is provided that meets Zoning Code criteria. A. The cumulative development of the Business Park shall not exceed 199 daily vehicle trips in the PM peak hour as analyzed as part of SEP01-0010. At the time of each submittal for permits or other similar approvals, the applicant shall provide evidence to the City that proves 0 that traffic generated by the project will not cause the 199 daily vehicle trips in the PM peak hour to be exceeded. The 199 daily PM vehicle 0 c trips may only be exceeded if the applicant prepares a traffic study that 0 ev proves, and the City of Auburn accepts, that there will not be any mitigation measures required beyond the payment of traffic impact fees for the additional traffic generated. If the City concludes, based upon traffic study, that additional traffic mitigation measures are required, then the amendment process outlined in condition #12 will be followed which may also include revisions to SEP01-0010. ------------ Ordinance No. 5607 November 16, 2001 Page 15 B. Each use proposed within the Business Park shall meet the off- street parking standards as required by the Zoning Code. The site plan illustrates approximately 288 parking spaces for the site. The cumulative number of parking spaces for the mix of uses selected may exceed this total by no more than 50%, but in no case shall the minimum number of parking spaces required by the Zoning Code be lessened. At the time of each submittal for permits or other similar approvals, the applicant shall provide evidence to the City that proves that the requirements of this condition and the parking standards of the Zoning Code are being met. n 0 4. A master landscaping plan shall be prepared for the entire development c that provides for similar type and size of landscaping materials for all the cv 0 � 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 --------------------- Ordinance No. 5607 November 16, 2001 Page 16 requirements. The landscaped berm shall be constructed and planted prior to occupancy of any building within the business park. 5. 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. The design shall be generally consistent with the illustration titled "SEPO1-0010, Elevation Rendering, Exhibit". CM 6. A master sign plan shall be prepared that coordinates the exterior C2 signs of the individual tenants. The architectural design of the tenants' logos n c, are not intended to be altered by this condition. To avoid the appearance of a o 'strip commercial' development and to be consistent with the sign renuirementc Cv c of the SuperMall, the freestanding signs identifying the tenants that have cv frontage on 15th Street shall be limited to 12 feet in height. If the sign is placed on the building side of the landscaped berm, then the sign may be increased by the height of the berm. Sign height shall be measured from the grade adjacent to the berm to the top of the sign or sign structure. 7. All exterior lighting shall be designed and constructed such that the direct illumination does not unreasonably "spill over' on adjoining property. All ------------- Ordinance No. 5607 November 16, 2001 Page 17 light standards within each parcel, other than the light standards on the public streets, shall be of similar design. 8. Pedestrian walkways shall be provided that connect all buildings and all parcels to one another and to the public sidewalks. 9 The applicant shall prepare plans for the above conditions #4,5, 6, 7, and 8. 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 plans shall be approved prior to cm issuance of applicable permits. c-� 10. The conditions of the Final Mitigated Determination of Non- `— significance, file #SEP01-0010, are incorporated herein by reference. 0 0 11. The contract rezone as required by Section 18.36.020(A)(1), of N the Zoning Ordinance, shall be executed between the property owner and the City prior to any permits being issued. 12. Amendments to this ordinance may occur as follows: A. The Planning Director may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. --------------------- Ordinance No. 5607 November 16, 2001 Page 18 B. 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 hearing and make a recommendation to the City Council. Amendments to this ordinance shall only be initiated by the property owner or the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: M Section 1. Purpose. To amend Ordinance No. 4962 in which the City a of Auburn's established the Business Park (BP) District zoning designation for a 15.2 acres of property located on the southwest corner of 15th Street and "O" a Street SW in the City of Auburn by providing for a new list of permitted used, a N o new site plan, and a new list of performance standards established in this N Ordinance 5607. Section 2. The above-cited Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. If there is any conflict or inconsistency between Ordinance No. 4962 and this ordinance regarding the list of uses, the site plan, performance standards or conditions of approval, this Ordinance No. 5607 prevails. -------- Ordinance No. 5607 November 16, 2001 Page 19 Section 3 . Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. o Section 4. Recording. Upon the passage approval and publication of 0 v this Ordinance as provide by law, the City Clerk of the City of Auburn shall o cause this Ordinance to be recorded in the office of the King County Auditor, o Division of Records and Elections. Cv Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. --------------------- Ordinance No 5607 November 16, 2001 Page 20 cm n 0 a c.� G O N --------------------- Ordinance No. 5607 November 16, 2001 Page 21 INTRODUCED: December 3, 2001 PASSED: December 3, 2001 APPROVED: Decenber 3, 2001 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk AP ROVED AS TO FORM: Michael J. Reynolds, o City Attorney 0 Published: HOZ 0 C- N N --------------------- Ordinance No. 5607 November 16, 2001 Page 22 0 LEGAL DESCRIPTION OF PROPERTY LOTS 1 THROUGH 8, AUBURN 400 CORPORATE PARK DIV. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 128 OF PLATS, PAGES 97 THROUGH 99, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Ordinance 5607 Exhibit "A" N G O N ATTACHMENT # I PERMITTED USES BLDG "A" BLDG "B" RETAIL PAD I Art, music and photography studios. NO YES NO 2 Automobile service stations with incidental car wash. NO NO YES 3 Bakery and pastry shops. NO YES YES 4 Banking and related financial institutions. NO YES YES S Building contractor services. YQ YES NO 6 Caretaker quarters. YES YES NO 7 Commercial recreation. NO YES ' NQ 8 Daycare. YES)']) YES YES 9 Delicatessens and restaurants. YES)'I)_ YES YES t0 Dry cleaning and laundry services YESj2) YE5)'3) NO 1 1 Equipment rental and leasing. YES YES NO 12 Grocery stores. NO NO YES 13 Health and physical fitness clubs. NO YES YES 14 Hobby shops. NO YES NO 15 Small animat hospitals, does not allow outside runs or kennels. NO YES NO 16 Meeting rooms and/or reception facilities. NO YES NO 17 Personal service strops. NO YES YES 18 Pharmacies. NO YES YES 19 Printing and publishing. YES YES NO 20 Professional offices. YES YES YES 21 - Retail sales of the following and similar related goods: Automobile parts, computers, Bowers and house plants furniture and home furnishings, garden and farm supplies, hardware - including electrical, heating, plumbing, glass. Paint, wallpaper, and related goods, household appliances, nursery and horticuilturol products, office supplies and equipment, Photographic equipment including finishing. NO _ YES YES 22 Reupholstery and furniture repak. YES YES NO Schools, Including art, business, barber, beauty. dancing, driving, mortlal arts and music. NO YES NO r r O PERMITTED USES BLDG "A" BLDG "B" RETAIL PAD 24 Secretarial services. YES YES NO 25 Cold storage plants. YES NO NO 26 Household movers and storage. YES NO NO 27 Janitorial services. YES YES NO 28 Job training and vocational rehabilitation. YES YES NO Manufacturing, assembling and packaging of articles. 29 products and merchandise from previously prepared YES YES NO thetic or natural materials. Manufacturing, processing, blending and packaging of the following: I.) Dairy products and by-products _ such as milk, cream, cheese and butter, including the - processing and bottling of fluid milk and cream. 2.) Drugs. phornaceuticals, toiletries, and cosmetics. 3.) 30 Food and kindred products limited to activities such as YES YES --NO confectionery products, bakery products, and — beverages bottling. 4.1 Soaps, detergents, and other _ household cleaners from previously prepared natural materials and not involving the use of liquid bleach, liquid chlorine, liquid ammonia, or caustics. Manufacturing, processing, treating, assembling and 31 packaging of articles, products or merchandise from YES YES NO previously prepared ferrous, nonferrous or alloyed metals. Manufacturing establishments engaged in electronic. 32 wtomotive, aerospace. missile, okfrome. or related YES YES NO manufacturina and msembty activities. 33 Manufacturing, processing, assembling and YES YES NO packaging of precision components and products. Manufacturing, assembling, packaging and 34 development of computer equipment and software. YES YES NO and related products. 35 Research, development and testing of a permitted YES YES NO use. 36 Retail and wholesale trade of products YES YES NO manufactured, prccezed or assembled on-site. 37 Warehousing and distribution facilities, to include YES YES NO wholesale trade not open to the aeneral public. Other similar uses which the panting director finds 38 compatible and consistent with the principal YES YES YES pemitted uses described in this Business Park. )•1) These uses are limited to serving the on-site uses in Bung "A". )n) limited to wholesale accounts, not open to general public. )03) Limited to retail, open to general pubic. CN 0N Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 918001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Rezone Reference Number(s) of Do ciuments assigned or released: E]Additional reference Ws on page of document C\1 Grantor(s) (Last name first, CD - 11. Auburn, City of P-0 Grantee: (Last name first) CD 1 Opus Northwest LLC Q CD first name and initials) 7 _Z rd OV Pacific Northwest Title as aocr,,ni mo,_­Lbn on it I-faS n,)t bear 0X a M k-; --s 1�') 0 Legal . Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 through 8, Auburn 400 Corporate Park Div 1 N Additional legal is on page 2 of the document Assessor's Property Tax Parcel/Account Number: 030150-0010, 030150-0020, 030150-0030, 030150-0040, 030150-0050, 030150-0060, 030150-0070, 030159-0080 ❑ Assessor Tax # not yet assigned </A CONTRACT REZONE BETWEEN THE CITY OF AUBURN AND OPUS NORTHWEST, L.L.C. Pursuant to the authority granted by the Comprehensive Zoning Ordinance of the City of Auburn and Auburn Ordinance No. 5607, the City of Auburn, a Washington non -charter Optional Municipal Code City, ("City"/"Auburn"), and Opus Northwest, L.L.C., a Delaware limited liability company ("Opus") that owns real property in the City of Auburn. commonly known as "Park 167", hereby enter into this contract rezone agreement ("Contract Rezone) which governs the zoning for the Park 167 property. 1. Real Property. This Contract Rezone governs the zoning for Park 167 which consists of . approximately 15.2 acres of property located at the southwest comer of 15th Street and "O" Street SW and which is legally described as follows: CN Lots 1 through 8, Auburn 400 Corporate Park Div. 1, according to the Plat thereof recorded in Volume 128 of Plats, pages 97 through 99, Records of King County, Washington. f`a.3 Situated in the County of King, State of Washington CD 2. Ordinance 5607. Ordinance 5607, a copy of which is attached hereto as Exhibit A and _(D incorporated herein as if set: forth in full, was duly adopted by the City Council of Auburn on December 3, 2001 in full compliance with the procedures and requirements of the City's Comprehensive Zoning Ordinance. Ordinance 5607 approved an amendment to the existing Business Park (`BP") zoning for the Park 167 property that revised the permitted uses for the Park.. 0 C D 167 property, delineated conceptual site plan configurations approved' by the City Council, and set CD out performance standards for development of the property. CD 3. Conceptual Site Plan and Building Con figuration. The conceptual approval provided by CN Ordinance 5607 considered two alternative conceptual. site plans and flexible building configurations that may be submitted to the City for approval as part of the Park 167 site plan application in accordance with the provisions ' of Auburn City Code 18.36.040.B. The two alternative conceptual site plan configurations are referred to as "SDI" and "SDl-Retail" and described in Finding of Fact 3 and Condition 2 of Ordinance 5607. Copies of -these conceptual site plans are attached hereto as Exhibit B and incorporated herein as if set forth in full. Finding of Fact 3 and Condition 2 provide for flexibility in the number of buildings that can be approved by the Planning, Director in the Park 167 site plan approval process. Site Plan SDI depicts two buildings referred to as buildings "A" and `B". Site Plan SDI -Retail depicts a retail pad at the intersection of 15ffi Street SW and "O" Street SW in addition to buildings "A" and "B". Condition 2 provides that Building "A" may be up to three separate buildings with cumulative square footage limited to approximately 208,989 square feet and Building `B" may be up to two separate buildings with cumulative square footage limited to approximately 106,718 square feet. 4. Site Plan A,nuroval/Develovment Standards. The City's approval is required for the final site plan for the Park 167 property in accordance with Ordinance 5607 and Auburn City Code 18.36.040.B. Auburn City Code 18.36.040.B.2.c permits partial site approval. A copy of the partial site plan submitted to the City for approval is attached hereto as Exhibit C and incorporated herein as if set forth in full. The site plan proposes approval of building `B" (building 1 in the site plan) and one of the three buildings allowed at the building "A" location (building 4 in the site plan). The site plan application is consistent with and implements the requirements of Ordinance 5607 and all applicable provisions of the Auburn City. Code. Future phases of development will require subsequent site plan submittals for approval and shall be consistent with the provisions of Ordinance 5607 and the Auburn City Code. All applicable development standards not otherwise delineated in Ordinance 5607 apply to the approved site plan, including those set out inAuburn City Code 18.36.060. 5. Allowed Uses. The allowed uses for the approved Park 167 site plan are set out on "Attachment 1" of Ordinance 5607. The uses that are proposed for buildings 1 and 4 in the site plan application are consistent with those allowed uses. CN 6. Date of Contract Rezone. The date of this Contract Rezone shall be the: latest date of Oi execution by Auburn or Opus, as indicated on the signature page. CN- 7. Time Limits of Contract Rezone if Construction Not Completed. In accordance with CD Auburn City Code 18.36.070 if construction is not completed within five (5) years of the Date of C) this Contract Rezone as specified in paragraph 6 hereof; the Hearing Examiner shall review this Contract Rezone to determine whether the business park is still a viable proposal and shall �- recommend to the City Council to either extend, amend or void this Contract Rezone. If this Contract Rezone is voided the provisions of Auburn City Code 18.36.070 shall apply. C) CN 8. Amendment of Contract. If the City approves an amendment to Ordinance 5607, then this C) . Contract Rezone shall be revised as necessary to be consistent with any such amendment. CN 9. Contract Rezone Runs with the Land. This Contract Rezone runs with the land and is binding upon and inures to the benefit of Opus, its assigns and its successors in interest. 10. Wig. The City Clerk of the City of Auburn shall cause this Contract Rezone to be recorded in the office of the Icing County Auditor, Division of Records and Elections. Dated this day of AJZ9, 2002. CITY OF AUBURN :A Peter B. Lewis, Its Mayor 2 ATTEST: Danielle Daskum, City Cleric Dated this day of , 2002. OPUS NORTHWEST, L.L.C. C\6 e—r By Tom Parsons C: Its Vice President CD Attachments: CD A: City Ordinance No. 5607 B Conceptual Site Plans associated with City Ordinance No. 5607 C: Partial Site Plan approved in accordance with Auburn City Code 18.36.040., Com! 3 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that". �� ` _ is the person who appeared before me, and said person. acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Auburn to be the free and voluntary act, of such City for the uses and purposes mentioned in the instrument. Date CN m C'NJ CD C CD CN v CD � C) N iViy aYyvauuucuL cnYuw t ! v T 4 I I STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or`have satisfactory evidence that �a�s�S is the person who eared before m and. said - - - i p appeared , e, person acknowledged that said Pin signed this instrument, . on oath stated that said person. was authorized to execute the instrument, and acknowledged it as the V&X - �� �a -1- of Opus Northwest, LLC.,, a Delaware limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this a day of 12002. (Sig-b-ofNotary) (` Oi0 fry wQ (IzpblyPrrot or Stamp Name of Notary) Notary public in and for - the state of Washington, residing at -az«e %-) v �e— My appointment expires � l ��Iy E N 01 e� C'\9 C7 C1 m IT— C� N CZ) C] N ORDINANCE 5607 ORDINANCE NO. 5 6 0 7 AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF AUBURN, WASHINGTON, APPROVING REVISIONS TO THE BUSINESS PARK DESIGNATION APPROVED 1N ORDINANCE NO. 4962 FOR THE 15.2 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 15TH STREET AND "O' STREET SW WITHIN THE CITY OF AUBURN, WASHINGTON. C'vl Ol WHEREAS, the City of Aubum approved and adopted Ordinance No. CNN • CD 4962 changing the zoning classification for the 15.2 acres of property located at C:) r%r) the southwest comer of 15th Street and "O" Street SW, as legally described in O Exhibit W attached hereto and incorporated herein by this reference, from MA CN (Light Industrial) to BP (Business Park); and CD . C] WHEREAS, Ordinance 4962 established a list of permitted uses, CN approved a site plan and provided for a number of 'performance standards for a specific development on the subject site pursuant to ACC 18.36; and WHEREAS, the 15.2 acre site was not developed as approved and provided for in Ordinance 4962 and remains a vacant site; and WHEREAS, the City of Auburn has received a request to amend the previous Business Park zoning designation to include a revised list of permitted uses, a new site plan and a new list of performance standards; and --------------------- Ordinance No. 5607 November 16, 2001 _ Page 1 WHEREAS, the ' Business Park zoning designation authorized by Chapter 18.36 of the Auburn City Code and approved in Ordinance 4962 remains in force on the subject property; and 01J. .WHEREAS, the Hearing Examiner, based upon staff review, held the T" required public hearing to consider the request to amend the previous Business C\j Park zoning designation approval in Ordinance 4962 in the Council Chambers C:) . of Auburn City Hall on November 14,2001; and GIN WHEREAS, at the conclusion of the November 14, 2001 hearing, the Q Hearing Examiner recommended approval of a new list of permitted uses, a new C:) ® site plan, and a new list of performance standards; and C�! WHEREAS, the City Council on November 19, 2001; considered said request for amendment and affirmed the Hearing Examiner's recommendations for a new list of permitted, uses, a new site plan and a new list of performance standards based on the following Findings of Fact and Conclusions of Law and Decision, to wit: FINDINGS OF FACT 1. The Auto Nation USA Corporation, the owners of a 15.2 -acre parcel of property located at the southwest comer of 15th and "O" Street SW, have filed an application requesting that the .Business Park District, that is currently established on the subject property, be revised. The Business Park --------------------- Ordinance No. 5607 - November 16, 2001 Page 2 (BP) District zoning is allowed pursuant to Chapter 18.36 of the Auburn Zoning Code. The BP District is intended to provide a suitable area for industrial, professional office, service and commercial uses within a: planned, well 3. The property has, however, not developed and is currently vacant. The current proposal would also allow for some of the previously approved uses except for the motel and theater. There is also requested to have warehousing, manufacturing and other light industrial uses. Please see Attachment#1 for the complete list of proposed uses. --------------------- Ordinance No. 5607 Noxember 16, 2001 Page 3 managed site with high quality development standards. C'!I CrN 2. In 1995 the City of Auburn approved the zoning for a Business Park at the subject property. That approval allowed for the following: CD s . Automobile service station (7N Banks and .financial institutions Q -Convenience grocery store C Daycare C Delicatessens and restaurants Health and physical' fitness clubs N Meeting rooms and/or reception facilities Motels Personal service shops Professional offices - Secretarial services Theater (cinema) or comparable indoor commercial entertainment. 3. The property has, however, not developed and is currently vacant. The current proposal would also allow for some of the previously approved uses except for the motel and theater. There is also requested to have warehousing, manufacturing and other light industrial uses. Please see Attachment#1 for the complete list of proposed uses. --------------------- Ordinance No. 5607 Noxember 16, 2001 Page 3 The site plan is also proposed to be revised to reflect a new layout for the buildings. Two alterative site plans -have been submitted for review. The site plan identified as "SDI" illustrates two large buildings. Building "A" is the southern most building and fronts on Boundary Boulevard. It is approximately 208,989 square feet in size. Building "B" is the norther most building and ON fronts on 15'" Street SW. Building "B" is approximately 106,718 square feet in size. The buildings would share a common loading and unloading area that C: would be located between the two buildings. O It is envisioned that Building "A" would have most of the warehousing and `vl industrial uses: Since.Building "B" has frontage on le Street SW and is CN across from the SuperMall, the non -industrial uses would likely be within this building. The applicant has also requested that building "A" could be up to three separate buildings and building "BA could be up to two separate buildings. The total square footage would, however, not be greater if there were multiple buildings.. An altemative site plan identified as "SDI -retails has also been submitted that illustrates a "retail pad" at the intersecting comer of 15and "O" Street SW. This could be a freestanding commercial use such as a gas station. --------------------- Ordinance No. 5607 November 16; 2001 Page 4 4. Pursuant to Section 18.36.020, the BP district shall be implemented by a contract rezone and . shall include an agreement that establishes the, type, square footage and general locations of the uses, the location and. size of the park, restrictive covenants, public improvements, and the C NIJ responsibilities of the owner/developer. CYN C Iq 5. Pursuant to Section 18.36.030, only those uses authorized by the C: C? contract rezone may be allowed in the BP District. The uses that are I established in the contract .are drawn from those listed in the. M-1 zone O which are permitted outright as well as those which are allowed by an CN CD administrative or conditional use permit; and those uses listed in the C-3 N zone that are permitted outright Section 18.36.030 also allows the Hearing Examiner and City Council to establish any procedural or substantive conditions to implement the BP District. 6. All of the uses listed in Attachment.#1 are allowed within the existing M-1 zone with the exception of the art, music and photography studios; bakery and pastry shops; dry cleaning and laundry services; hobby shops; small animal hospitals; pharmacies; meeting rooms and/or reception facilities; retail sales of 6 automobile parts, flowers and house plants, furniture and home furnishings, --------------------- Ordinance No. 5607 November 16, 2001 Page 5 �B c�- C**-I CD CZ 01N 0 C V C) C -D .CSI household appliances, nursery and horticultural products, office supplies and .equipment, photographic. equipment_ including finishing; schools, including art, business, barber, beauty, dancing, driving, martial arts and music. All of these uses are permitted in the C-3 zone and therefore can be permitted as part of the Business Park. 7. Pursuant to Section 18.36.020, the approval process for business parks includes two steps.. The first step is the conceptual approval of the business park by the Hearing Examiner and City Council. This process is the rezone process as established by Section 18.68.030 of the Zoning Ordinance. The second step is the final approval of the site plan by the Planning Director once the BP District has been approved by the City Council. 8. In 1993, -the City approved additional commercial zoning on the property that lies across 15th Street to the north of the subject property. The . zoning allowed for the construction of a two million (plus) square foot shopping .complex, also known as the SuperMall. The initial phase of the SuperMall.has been constructed and opened for business in the Fall of 1995. 4 --------------------- Ordinance No. 5607 November 16, 2001 Page 6 C31 C\1 C CD O C'- CD .(Z:) CN 9. When the City was going through the rezone process for the SuperMall, there was concern raised that the SuperMall would create uncontrolled. °spin off or strip commercial" development on adjacent or nearby parcels, that would not ,be in the best interests of the City: While there . was concern raised, the City did not .put any type of moratoria on developing the adjacent properties. 10. While there are limited opportunities for additional commercial development near the SuperMall any such development should be carefully considered. This is evidenced. by the following .Comprehensive Plan policy the City has recently adopted regarding development near the SuperMall. LU -74 Additional commercial development of land near the SuperMall shall be limited to those properties whose comprehensive plan designation and existing zoning (or a possible rezone to business park designation) allow for commercial uses. This development must meet the following conditions: a. If the new development is on industrially zoned property, the development shall be limited to office, entertainment, or other uses, e.g. motels, which complement the uses at the SuperMall. General retail uses would only be allowed in limited. instances_ and only if incidental and subordinate to another use on the site. b. Small, individual commercial developments are discouraged. . --------------------- Ordinance No. 5607 November 16, 2001 Page 7 CN C31 CN C) Q C31 O C\i C CD CN C. The traffic impacts of the commercial development shall receive significant consideration and will be mitigated as referred in this Plan. . 11. The subject request to modify the existing business designation is generally consistent with this policy in that the general retail that is being proposed is limited and. incidental. 12. The: Business 'Park that was previously.,approved was approved in part because it would have provided for a more coordinated development than the prior M-1, Light Industrial zoning and lot layout would have provided. The subject property is currently divided into 8 separate lots. The proposal is to "adjust" the 8 lots into 3 or 4. While there will be separate lots, the design scheme will be coordinated. such that each lot. will share parking, access, be connected with pedestrian walkways, have similar landscaping, signing, lighting, and common architectural features. In summary, the project will look like one planned development as envisioned with the previous business park zoning. 13. Section 18.36.020, ofthe Zoning Code, requires that before a BP District is approved that the. owner/developer shall. demonstrate that a public benefit will result 'and - the project contains architectural, site, and landscape design standards that are 'signficantly superior to those --------------------- Ordinance No. 5607 November 16, 2001 Page 8 required of the industrial zone. As previously mentioned, the project will continue to provide features that will provide for a public benefit that were previously envisioned by the prior approval. 14. Section 18.36.020 also requires that no significant impacts on the public infrastructure shall occur that cannot be effectively mitigated. The CN M environmental review process for this project took several months, and the C.N.t public infrastructure was carefully reviewed and appropriate mitigation CCD C . measures imposed. Implementation of the mitigation measures will ensure that �-- no significant impacts to the public infrastructure will occur. C�1 C IN 16. Whle all of the uses that are listed could be allowed within the BP O s� District, it is appropriate to calculate each use and . limit the range of. uses in CU order to ensure that .any use developed within the subject property is .consistent, complements and is compatible with any other use that is developed. Assurances also 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. 16. The environmental review for the project considered the impacts of the development and the City on September 7, 2001 issued a Final --------------------- Ordinance No. 5607 November 16,.2001 Page 9 CYN T - C1%:9 CZ) �3 Cil CC CD. CD N Mitigated Determination of Non Significance (MDNS) for the proposed project. The MDNS contained 15 mitigating conditions that addressed soils, storm drainage, erosion control, flood water storage, wetlands, and traffic. 17. Related Comprehensive Plan policies: GP-18Flexible land development techniques including, but not limited to, clustering and planned unit developments (PUDs) for the development of residential, commercial,.and industrial properties shall be considered to implement this .comprehensive plan. LU -66 The City shall encourage the grouping of individual commercial enterprises along commercial arterials to promote the sharing of parking areas, access drives and signs. Such grouping can be encouraged 'through land division regulations, sign regulations and development standards. LU -74 Additional commercial development of land near the SuperMall shall be limited to. those properties whose comprehensive plan designation and existing zoning (or a possible rezone to business park designation) allow for commercial uses. This development must meet the following conditions: a. If the new development is on industrially zoned property, the development shall be limited to office, entertainment, or other uses, e.g. motels, which complement the uses at the SuperMall.. General retail uses would only be allowed in limited instances and only it incidental and subordinate to another use on the site. --------------------- Ordinance No. 5607 November 16, 2001 Page 10 I b. Small, individual commercial developments are discouraged. c. The traffic impacts of the commercial development shall receive significant consideration and will be mitigated as referred in this Plan. LU -109 The grouping of uses which will mutually benefit each other or provide needed services will be encouraged. review file SEP01-0010, and the case file and environmental file of the previously business park approval (file Vs.,. REZ0004-95 and SEP0017-95, respectively) are hereby made a part of this record. CONCLUSIONS It is has concluded that the revision to the existing Business Park designation maybe approved -on the subject property; if properly conditioned, in that: --------------------- Ordinance No. 5607 November 16, 2001 Page 11 a. Compatible commercial uses may be permitted in designated industrial areas, particularly those that primarily serve industrial � Cil ; businesses or their employees. CCD _ b. Planned developments (such as "office parks") which provide a � mixture of light industrial with supporting commercial uses are encouraged. C C c. Uses which support industrial and warehouse activities should be CN located near those uses. C C ED -2 The Auburn Thoroughbred Racetrack, the Muckleshoot Casino, and the SuperMall of the Great Northwest offer opportunities for economic diversification that should be optimized by the City. 18. The contents of the case .file REZ01-0002, the environmental review file SEP01-0010, and the case file and environmental file of the previously business park approval (file Vs.,. REZ0004-95 and SEP0017-95, respectively) are hereby made a part of this record. CONCLUSIONS It is has concluded that the revision to the existing Business Park designation maybe approved -on the subject property; if properly conditioned, in that: --------------------- Ordinance No. 5607 November 16, 2001 Page 11 CSI GIN CI3 Q CD C31 Q CD CD Chi 1. It is consistent with the previous Business Park approval and it meets the intent of the BP District in that it will provide superior architecture, site and landscape design than what otherwise is required by the previous M-1 zoning on the subject property. It is within the "region serving" area of the Comprehensive Plan and the property is properly zoned to allow for a. BP designation. 2. There have been no moratoria or other restrictions placed upon this property that.would preclude this development. 3. The proposal is consistent with the Comprehensive Policy LU -74 which was written specifically to address development near the SuperMall. 4. Development will be coordinatedas to use, architecture, traffic, signage, and utilities in much the same manner that was used in the approval of the SuperMall. This will.ensure compatibility with not only the SuperMall, but the light'industrial uses in the area. RECOMMENDED CONDITIONS For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this rezone application is approval, subject to the following conditions: 1. The types of uses to be allowed within the subject business park shall be consistent with those as listed in Attachment #1. Ordinance No. 5607 - November 16, 2001 _... Page 12 2. The general location of the buildings to be developed on the site shall be consistent with the site plan identified as "SDI" and revised as of 3-6- 01 and/or the site plan identified as "SDI -retail" and revised.as of 7-13-01. A. Building W may be up to three separate buildings however CN9 any cumulative square footage of any combination of buildings shall be CD Q approximate to 208,989 square feet. C:) B. Building "BA may be two separate buildings,; however, any CD CD cumulative square footage of any combination of buildings shall be CN approximate to 106,718 square feet. 1. At least 25% of the total square footage of the .north facade of building "B" shall be glassed area. If there is more than one building, then each building shall meet this requirement. The purpose is to provide pedestrian type features as, well as be more visually compatible with the commercial uses across the street. (As opposed to a large blank concrete wall typically associated with a warehouse). At a minimum, the first 20 feet of the building interior, that is visible (at eye level) through this glassed -in area, --------------------- Ordinance No. 5607 November 16, 2001 Page 13 3. Since there is a' wide range of uses that can potentially be permitted in the business park and each may have a wide range of parking --------------------- Ordinance No. 5607 November 16, 2001 Page 14 shall contain tenants/uses that are similar to typical retail and or service use(s) which are oriented to "people activity" that- may include but not 'be limited to office, lobby, customer counter, product sales or display, dining area, or showroom. These uses could be separate uses or incidental to another use within the building. same CJ C7 C NO There shall not be permitted in this first 20 feet any storage/Warehousing or manufacturing/assembly activities. 0 C'Oi CD C. If .there is a separate freestanding commercial pad as Cil illustrated on site plan "SD1-retail'; the parcel shall be no larger than 30,000 square feet and contain no more than one principal building on the pad. An accessory or subordinate building such as an espresso stand or similar use may be allowed. The architectural features of the building(s) on the pad shall be consistent with architectural features of Building "B". 3. Since there is a' wide range of uses that can potentially be permitted in the business park and each may have a wide range of parking --------------------- Ordinance No. 5607 November 16, 2001 Page 14 C C�1 . C1*13 C) CD IT— 01 Q 014 C) CD N needs and traffic generation characteristics, it is important that a monitoring plan be established. The plan would ensure that the ultimate development of the business park does not exceed the amount of traffic that was analyzed and expected as well as ensure that parking is provided that meets Zoning Code, criteria. A. The cumulative development of the Business Park shall not exceed 199 daily vehicle. trips in the PM peak hour as analyzed as part of SEP01-0010. At the time of each.submittal for: permits or other similar approvals, the applicant shall provide evidence to the City that proves that traffic generated by the project will not cause the 199 daily vehicle trips in the PM peak hour to be exceeded.. The 199 daily PM vehicle trips may only be exceeded if the applicant prepares a traffic study that proves, and the City of Auburn accepts, that there will not be any mitigation measures required beyond the payment of traffic impact fees for the additional traffic generated. If the City concludes, based upon traffic study, that additional traffic mitigation measures are required, then the amendment process outlined in condition #12 will be followed which may . also -: include --------------------- Ordinance No. 5607 November 16, 2001 Page I5 revisions to SEP01-0010. B. Each use proposed within the Business Park shall meet the off-. street parking standards as required by the Zoning Code. The site plan illustrates approximately288 parking spaces for the site. The cumulative _ number of parking spaces for the mix of uses selected may exceed this total by no more than 50%, but in no case shall the minimum number of C j parking spaces required by the Zoning Code be lessened. At the time of C31 e�- each submittal for permits or other similar approvals, the applicant shall -.l provide evidence to the City that proves that the requirements of this C:) } condition and the parking standards of the Zoning Code are being met CD 4. A master landscaping plan shall be prepared for the entire development CSI C: that provides for similar type and size of landscaping materials for all the C CNparcels 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 --------------------- Ordinance No. 5607 - November 16, 2001 Page 16 requirements. The landscaped berm shall be constructed and planted prior to occupancy of any building within the business park. 5. 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. The design shall be generally consistent with the illustration titled "SEP01-0010, Elevation i Rendering, Exhibit". C:) Q 6. A master sign plan shall be prepared that coordinates the exterior C rN signs of the individual tenants. The architectural design of the tenants' logos IN are not intended to be altered by this, condition. To avoid the appearance of a CD ® 'strip commercial' development and to be consistent with the sign requirements N of the SuperMall; the freestanding signs identifying the tenants that have frontage on 15th Street shall be limited to 12 feet in height. If the sign is placed on the building side of the landscaped berm, then the sign maybe increased by the height of the berm. Sign height shall be measured from the grade adjacent to the berm to the top of the sign or sign structure. 7. All exterior lighting shall be designed and constructed such that the direct illumination does not. unreasonably "spill over" on adjoining property. All --------------------- Ordinance No. 5607 __. November 16, 2001 Page 17 light standards within each parcel, other than the light standards on the public streets, shall be of similar design. 8. Pedestrian walkways. shall be provided that connect all buildings and all paivels to one another and to the public sidewalks. CNI 9 The applicant shall prepare plans for the above conditions #4,5, 6, CN �-- 7, and 8. The plans may be individual plans or an element of another plan. Ca The Planning Director shall be responsible for reviewing and approving the CD '3 plans associated with these conditions. The plans shall be approved prior to N_ C N issuance of applicable permits. C) C) 10. The conditions of the Final Mitigated Determination of Non - C] - C\I significance, file #SEP01-0010, are incorporated herein by reference. 11. The contract rezone as required by Section 18.36.020(A)(1), of the Zoning Ordinance, shall be executed between the property owner and the City prior to any permits being issued. 12. Amendments to this ordinance may occur as follows: A. The Planning Director may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. --------------------- Ordinance No. 5607 November 16, 2001 Page 18 (N C71 lq-- C`�9 C:) CD ON CN CD CD Com! B. 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 recommenation 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 hearing and make a recommendation to the City Council. Amendments to this ordinance shall only be initiated by the property owner or the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. To amend Ordinance No. 4962 in which the City of Auburn's established the. Business Park (BP) District zoning designation for 15.2 acres of property located on the southwest comer of 15th Street and "OA Street SW in the City of Auburn by providing for a new list of permitted used, a new site plan, and a new list of performance standards established in this Ordinance 5607. Section 2. The . above-cited . Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. . If there is any conflict or inconsistency between Ordinance No. 4962 and this ordinance regarding the list of uses, the site plan, performance standards or conditions of approval, this Ordinance No. 5607 prevails. --------------------- Ordinance No. 5607 November 16, 2001 Page .19 Section 3 . Constitutionality or Invalidity. 'if any section, subsection clause or phase of this Ordinance is for any, reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being CN hereby expressly declared that this Ordinance and each section, subsection, 0IN sentence, clause and - phrase hereof would have been prepared, proposed (N CD adopted and approved and ratified irrespective of the fact that nay one or more CD I� section, subsection, sentence, clause or phase be declared invalid or GN unconstitutional. 0 Section 4. Recording. Upon the passage approval and publication of CD 0 this Ordinance as provide by law, the City Clerk of the City of Auburn shall N cause this Ordinance to be recorded in the office of the King County Auditor, Division of Records and Elections. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. y --------------------- Ordinance No. 5607 November 16, 2001 Page 20 --------------------- Ordinance No. 5607 November 16, 2001 Page 21 INTRODUCED: December 3, 2001 PASSED: December 3, 2001 ' APPROVED: December 3, 2001 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk C`t1 CD CD AP .ROVED AS TO FORM: Michael'I Reynolds, City Attorney, CD NPublished: --------------------- Ordinance No, 5607 November 16, 2001 Page 22 LEGAL DESCRIPTION OF PROPERTY LOTS 1 THROUGH 8, AUBURN 400 CORPORATE PARK DIV. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 128 OF PLATS, PAGES 97 THROUGH 99, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUN'T'Y OF KING, STATE OF WASHINGTON. CN C� CD CD C� O CD CN f w Ordinance 5607 Exhibit "A" CNJ G CNJ t Vt— 0 C N ATTACHMENT #.1 PERMITTED USES BLDG "A" BLDG "B" RETAIL PAD I Art, music and photography studios. `". NO YES NO 2 Automobile service stations with incidental car wash. NO NO YES 3 Bakery and pastry fps• NO YES YES 4 Banking and related finarxid institutions. NO YES YES 5 Buiildmg'contractor services. YES YES NO 6 Caretaker quarters. YES YES NO 7 • Commercial recreation. NO YES NO 8 Daycare. YES( -1) YES YES 9 Delicatessens and restaurants. YES(' 1) YES YES 10 Dry cleaning and laundry services YES( -2) YES( -3) NO I l Equipment rental and leasing. YES •YES NO 12 Grocery stores. NO NO YES 13 Health and physical fitness dubs. NO YES YES 14 Hobby shops. NO YES NO 15 Small animal hospitals, does not allow outside runs or kennels. NO YES . - NO 16 Meeting rooms and/or reception faciliiie& NO YES NO 17 Personal service shops. NO YES YES 18 Pharmacies. NO YES YES 19 Printing and publishing. YES YES NO 20 Profs offices. YES YES YES 21. Retail sales of the following and similar related goods. Automobile parts, computers, flowers and house . plants, furniture and home furnishings, garden and farm supplies, hardware - including electrical, heating, plumbing. glans, pant ,wdlpaper, and related goods, household appliances}nursery and horticultural products, office supplies and equipment, photographic equipment kxAKiina finishing. NO YES YES. 22 Reupholstery and furniture repair. YES YES NO 23 Schools, including art, business, barber, beauty, dancin , martial arts and music. NO YES NO CN qr- CN C C C) CN PERMITTED USES BLDG "A" BLDG "B" RETAIL PAD 24 Secretarial services. YES YES NO 25 Cold storage plants. YES NO NO 26 Household movers and storage. YES NO NO 27 Janitorial services.YES YES NO 28 Job training and vocational rehabilitation. YES YES NO Manufacturing, assembling and. packaging of articles, .29 products and merchandise from previously prepared YES YES NO synthetic or natural materials. Manufacturing, processing, blending and packaging of the following: 1.) r Dairy products and by-products such as mak, cream, cheese and butter, including the processing and bottling of fluid mak and cream 2.) Drugs, pharmaceilticds, toiletries, and cosmetics. 3.) 3or Food and kindred products Gyrated to activities such as YES YES NO confectionery products, bakery products, and beverages batting. 4.) Soaps, detergents, and other household cleaners from previously prepared natural materials and not involving the use of liquid bleach, chlorine, kpdd ammonia. or caustics. Manufacturing, proceeswV treating, assembling and 31 aging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed YES YES NO metals. Manufacturing establishments engaged in etectrbruc, 32 automotive, aerospace, missile, aaframe, or related YES YES NO mahUfaciuring and assembly actfAfles. Manufacturmng, fxocessing' assembling and of precision kind products, YES YES NO Manufacturing, assembling, packaging and 34 development of computer equipment and software, YES YES NO and related producti 35 Research, development and testing of a permitted use.. YES YES. NO 36 Retail and wholesale trade of products manufactured, or assembled on-site. YES YES NO 37 warehousing and distribution facilities, to include Wholesale trade not open to the general pubic. YES YES NO Other sirrular uses which the planning director finds 38 compatible and consistent with the principal YES YES YES pennifted uses described'm this Business Park. (' 1) These uses are limited to serving the on-site uses in Building "A". ('2) Limited to wholesale accounts, not open to general pubic. ('3) limited to retail, open to general pubic, E�ff B CONCEpTUAL, SITE PLANS SDI AND SDI-RETAIL 1.1. smm I 1 t �mwsw •ymwm - uBLU I 14 fi 1100.71 y8 s I. OPUS PARK 167 SERVICE CENTER • • • ... • • • • • • • • .. • • • • • • • • • • • • • • • • • • .. • • • • • • • • .. • • ♦ • ♦ • ♦ • AN OPUS NORTHWEST e DEVELOPMENT 1: p SITE ONE OPTION THREE SERVICE/DISTRIBUTION SS4 a Vas • st'-W. 2Md' � 122EEI1f mw 1 SA<W1.0.1M1.010SF0 ••,, wpO M 10, 21$.WWV in c0ow 47.0 TM PAMM 1 no WR DOG 1b100012 62 m VA" _ - WK 01.0E 101Q 0000 21 ' . Bum= A ' 204989 SF 1 � t 12 II 7 1 1 1 WE 1OS� � I2YM OVDE ILQA 00011 10E001f IPAlWO • 111W 0001 N4A 000. - . ® wsmi rwI — SM4WI) N nON S D 1 7 OpM� p�� fl6� A 0110 ow 1101 ow �3 tiCtGNI' WI ANN.I/.AbAI W Mtl11 01421@10420 'US PARK 167 ERVICE CENTER AN OPUS NORTHWEST ,EVELOPMENT SITE ONE RETAIL OPTION MACE/DISTRIBUTION wrA°A'0Sm ax'i1� v K No, NOM am coam �T. N. 0M UM 2221. 11. film SD1—Retail I5lM Sim )2 sJ •• Y7 NN', I_. I 1 1 I IS 1 8UUM , 91,101 i 1 lw-r ' 1 A A A A A A I& A "A"T 1 � 1 i r 11 . 1 AAAA ...... .......•. ' I I 1 1 , $ BUUM9 A 208.989 SF I I I I 1 I I A 0110 ow 1101 ow �3 tiCtGNI' WI ANN.I/.AbAI W Mtl11 01421@10420 'US PARK 167 ERVICE CENTER AN OPUS NORTHWEST ,EVELOPMENT SITE ONE RETAIL OPTION MACE/DISTRIBUTION wrA°A'0Sm ax'i1� v K No, NOM am coam �T. N. 0M UM 2221. 11. film SD1—Retail i 50334958.03 Fm 20020913002192 � asa �w,swwua Q i wr wm � wauwoRw.� MJII• w eoq�mww Moo Y�IUw�ll m�� A•C � 9