HomeMy WebLinkAbout4310RESOLUTION NO.4 3 1 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF AUBURN AND CNB PROPERTIES, LLC
WHEREAS, RCW 36.70B.170 though .210 and Auburn City Code
Chapter 14.21 allows the City to enter into agreements for development
projects whereby the development standards and other appropriate
development requirements, are defined; and
WHEREAS, CNB Properties, LLC, is the owner of certain real property
legally described in "Exhibit A", which property is currently being used to auction
vehicles and other related purposes; and
WHEREAS, in 2006 the City introduced certain comprehensive plan and
zoning amendments (adopted by Ordinances 6064 and 6067) which changed
CNB's property designation from "Heavy Industrial" to "Heavy Commercial" and
"High Density Residential"; and
WHEREAS, CNB Properties and the City now desire to permit the
existing uses of the property to continue subject to the terms and conditions as
described in attached Exhibit A; and
WHEREAS, the parties would benefit from such a development
agreement, so that the development requirements can be planned with
Resolution No. 4310
February 21, 2008
Page 1
certainty, not only as to the more immediate portions of the project, but also as
to later planned phases, and as to the types of improvements that will be built;
and
WHEREAS, state law requires that such projects be consistent with
current local regulatory requirements, and the Development Agreement would
be able to assure such consistency, while at the same time fixing requirements
for future planned phases; and
WHEREAS, the Planning and Community Development Committee
reviewed the proposed development agreement at their regular meeting on
February 25, 2008; and
WHEREAS, the Finance Committee reviewed the proposed development
agreement at their regular meeting on March 3, 2008; and
WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the
Auburn City Council held on March 3, 2008, on the proposed development
agreement, at which public hearing those persons wishing to speak to the
issues were afforded an opportunity to do so; and
WHEREAS, it is in the public interest and best interests of the City to
enter into such a Development Agreement with CNB Properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4310
February 21, 2008
Page 2
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Development Agreement between the City
of Auburn and CNB Properties which agreement shall be in substantial
conformity with the Agreement a copy of which is attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation, including recording the development agreement with the real
property records of King County, Washington, pursuant to RCW 36.70B.190.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this.?Y3 day of \M'NYc t, , 2008.
CI Y BU
PETER B. LEWIS
MAYOR
ATTEST:
Resolution No. 4310
February 21, 2008
Page 3
Danielle E. Daskam, City Clerk
When Recorded, Return to:
HILLIS CLARK MARTIN & PETERSON, P.S.
Attn: George A. Kresovich
500 Galland Building CONFORMED COPY
1221 Second Avenue
Seattle, WA 98101-2925
20080328002404
PACIFIC NW TIT AG 55.00
PAGE001 OF 014
03/28/2008 15:25
KING COUNTY, WA
DEVELOPMENT AGREEMENT
RE
CNB PROPERTY IN AUBURN, WASHINGTON
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Grantor: CITY OF AUBURN
Grantee: CNB PROPERTIES, LLC
Legal Description (abbreviated): POR. N.'/z OF N. %z OF N.W.'/4 OF N.E.'/4 OF S.W.'/4,
SEC. 30, T. 21 N., R. 5 E., W.M., KING COUNTY, WA;
POR. CITY OF AUBURN SHORT PLAT NO. SP-13-76,
KING COUNTY RECORDING NO. 7812050719;
POR. CITY OF AUBURN SHORT PLAT NO. SP-14-78,
KING COUNTY RECORDING NO. 8009290574;
POR. GOV. LOT 3, SEC. 30, T. 21 N., R. 5 E., W.M.,
KING COUNTY, WA.
2 Additional on: EXHIBIT A
Assessor's Tax Parcel ID #: 302105-9009-06, 302105-9033-06, 302105-9039-00
Reference Nos. of Documents Released or Assigned: N/A
Said document(s) were fled for
re=d by Pacific Northwest This *6
asoommodation only.;; has not been
axamir?od a6 to prey'-.-- oxodAion or
CNB Property Development Agreement Page 1
ND: 19036.002 4819-1837-8241v10
DEVELOPMENT AGREEMENT
RE
CNB PROPERTY IN AUBURN, WASHINGTON
This DEVELOPMENT AGREEMENT ("Agreement") by and between
CNB PROPERTIES, LLC, a Delaware limited liability company ("CNB"), and the
CITY OF AUBURN, a municipal corporation organized and existing under the laws of
the State of Washington ("the City"), is made and entered into as of the -2?4 day of
rna? ?;? , 2008, pursuant to the authority of RCW 36.7013.170 through
.210, under which a local government may enter into a development agreement with an
entity having ownership or control of real property within its jurisdiction, as well as other
legal authority.
RECITALS
A. CNB is the owner of certain real property, located in the City of Auburn,
King County, Washington, more particularly described on EXHIBIT A, attached hereto
and incorporated herein by this reference as if fully set forth ("the Property").
B. The Property is now used to auction vehicles and for related auxiliary
purposes. In 2006 the City changed the comprehensive plan and zoning designations of
the Property from "Heavy Industrial" to "Heavy Commercial" and "High Density
Residential." CNB and the City now desire to permit the existing uses of the Property as
described herein to continue subject to the terms and conditions set forth in this
Agreement, and also to allow development of Light Industrial uses on the easterly portion
of the Property located east of D Street SE (if extended).
C. Some or all of the Property may be further developed or redeveloped over
time, depending on future CNB needs, for uses that are associated with CNB's existing
use of the Property as vehicle auction. CNB and the City desire to enter into this
Agreement in order to establish the permitted conforming and non-conforming uses of
the Property and the terms and conditions for future development and redevelopment of
the Property.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, CNB and the City hereby agree as follows:
CNB Property Development Agreement Page 2
ND: 19036.002 4819-1837-8241v9
AGREEMENTS
1. Term. The initial term of this Agreement will be a period of twenty (20)
years from the date of its recording in the public records of King County, Washington.
At any time after the twenty (20) year period has expired, the City may elect to terminate
this Agreement as provided in Section 7 below. Such termination will become effective
one hundred eighty (180) days after the date of delivery of written notice by the City to
CNB that the City has exercised its election to terminate this Agreement.
2. Zoning Regulations. Any application to change the uses now being
conducted on the Property, as set forth in Section 3 below, or to redevelop the Property
with uses other than those set forth in Section 3 below, will be governed by the City's
zoning regulations applicable to the Property and in effect as of the date of any such
application, except for that portion of the Property located east of D Street SE
(if extended), which will be governed by the City's zoning regulations for the M-I Light
Industrial District in effect as of the date of this Agreement, as specified in Auburn City
Code (ACC) ch. 18.32 (a copy of which chapter is attached hereto as EXHIBIT B and
incorporated herein as if fully set forth).
3. Uses of Property Before and After Termination.
3.1. Until this Agreement is terminated, the following uses now being
conducted on the Property will be conclusively deemed permitted uses on the Property :
a. Vehicle auction;
b. Vehicle storage;
C. Storage of vehicle equipment and materials; and
d. Other uses commonly accessory to the above.
Until this Agreement is terminated, such existing uses will be deemed by the City to be
permitted uses of the Property that are conforming under the City's land use regulations,
and regardless of any amendment or other change of the City's land use regulations that
would otherwise have the effect of rendering such permitted uses non-conforming uses,
subject to the following limitation: Any expansion of the foregoing permitted uses on the
Property is limited to twenty-five percent (25%) until this Agreement is terminated.
Expansions that exceed twenty-five percent (25%) of the foregoing permitted uses will
require a public hearing before the City's Hearing Examiner, who shall make a
recommendation to the City Council with the final decision to be made by the City
Council.
3.2. Until this Agreement is terminated, the following additional uses, while
not now being conducted on the Property, will also be conclusively deemed to be
permitted uses on the applicable portions of the Property as described below:
CNB Property Development Agreement Page 3
ND: 19036.002 4819-1837-82410
a. On that portion of the Property located east of D Street SE
(if extended), all uses permitted as outright or conditional uses in
the M-1 Light Industrial District as of the date of this Agreement,
and as currently codified in ACC ch. 18.32 (EXHIBIT B hereto), and
subject to all currently-applicable permitting and development
standards of the M-1 Light Industrial District, as if such portion of
the Property were currently classified as M-1. Cross-references in
such current M-1 regulations to other regulations in the Auburn
City Code shall be deemed to be cross-references to such
regulations as they exist as of the date of this Agreement.
b. On that portion of the Property located west of D Street SE
(if extended), and fronting on A Street SE, all uses permitted under
the C-3 Heavy Commercial zoning regulations currently applicable
to such portion of the Property, and as the same may hereafter be
amended from time to time, and subject to all other then-applicable
permitting and development standards of the C-3 Heavy
Commercial District.
C. A sketch depicting the portion of the Property to be considered as
if it were classified as M-1 Light Industrial during the term of this
Agreement, and the portion now classified as C-3 Heavy
Commercial, is attached hereto as EXHIBIT C and incorporated
herein by this reference as if fully set forth.
3.3. After this Agreement is terminated, the Property shall be used as follows.
The uses of the Property existing on the date of termination will be treated as legal
non-conforming uses under the City's then-existing codes and standards. Any other use
or development of the Property must be in conformity with the City's then-current zoning
regulations for the zoning district then applicable to the Property or the relevant portion
thereof.
4. Dismissal of Appeal to CPSGMHB. CNB has filed an appeal before the
State of Washington Central Puget Sound Growth Management Hearings Board
(CPSGMHB), under Case No. 07-3-0008, challenging the City's adoption of Ordinance
No. 6064 which changed the comprehensive plan designation of the Property; and
challenging the adoption of Ordinance No. 6067 which changed the zoning classification
of the Property. The parties agree that this Agreement addresses the concerns involved in
such challenges, and CNB therefore agrees to dismiss its CPSGMHB action within thirty
(30) days after the City Council's approval of this Agreement by Council resolution,
which dismissal is part of the consideration of this Agreement.
CNB PropertDevelopment Agreement Page 4
ND: 19039.002'4819-183i-8241,,9
5. Recording. This Agreement will be filed for recording with the Real
Property Records Division of the King County Records and Elections Department by the
City within twenty (20) days after execution by the parties and approval of this
Agreement by resolution of the City Council, whichever last occurs.
6. Assignment. CNB may assign its rights in this Agreement without the
City's consent or any notice to the City. This Agreement will be binding upon and will
inure to the benefit and burden of the City and of CNB and CNB's successors in interest
to and assigns of the Property or any portion thereof.
7. Modification and Termination. This Agreement may be modified only
by a written agreement executed by the parties or their successors and assigns. At any
time after expiration of the initial 20-year term of this Agreement, the City may elect to
terminate this Agreement by adopting a City Council resolution to that effect, which
termination shall become effective as provided above in Section 1.
8. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
CNB Property Development Agreement Page S
ND: 19036.002 4819-1837-82410
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
CNB PROPERTIES, LLC,
a Delaware limited liability company:
B
y:
Name:
Its: "i4-/ Ex-1
CI O
By:
Peter B. Lewis, Mayor
ATTEST:
I)
Danielle Daskam,
Auburn City Clerk
nr.elB. t
d, City I t
o o Bey -
CNB Property Development Agreement Page 6
ND: 19036.002 4819-1837-82410
STATE OF
ss.
COUNTY OF
On this day personally appeared before me
, to me known to be the
of CNB PROPERTIES, LLC, the Delaware limited liability co
foregoing instrument, and acknowledged such instrument to be
and deed of such company, for the uses and purposes therein e'
stated that he/she was duly authorized to execute such ins men
GIVEN UNDER MY HAND AND OFFICIAL SEAL ?Pds _ day of
adny that executed the
free and voluntary act
3ned, and on oath
2008.
Printed Name
NOTARY PUBLIC in and for the State of
, residing at
My commission expires
ND: 19036.002 4819-1837-8241v9 2/26/2008
Page 7
CNB Property Development Agreement
ND: 19036.002 4819-1837-8241v9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of gi
On ?00? before Ob&4
ate / Here Insert Name and Title of the Offs er
personally appeared iL SOE/V d*
Name(s) of Signer(s)
om!Is ON J. RAMQS
Commission # 1571423 Z
*,My Notary Public - California
EI Dorado County
Comm. Expires May 5, 2004
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isAwe subscribed to the
within instrument and acknowledged to me that
he/sheAhe,p executed the same in his/heOtheir authorized
capacity(ies), and that by his/he'rheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
0 Si lure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ?C?,?op,y? - t ee E
Title or Type of Document: / ? e CRIB eg ,
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer -Title (s): -
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing
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Number of Pages:
Signer's Name:
? Individual
? Corporate Officer - Title(s):
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
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0 2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
PARCEL A:
THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON.
PARCEL B:
LOT 2 OF CITY OF AUBURN SHORT PLAT NO. SP-13-76, RECORDED UNDER
RECORDING NO. 7812050719, BEING A CORRECTION OF SHORT PLAT
RECORDED UNDER RECORDING NOS. 7608130588 AND 7807110287, RECORDS
OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTHERLY 3.31 FEET OF
THE EASTERLY 101.55 FEET OF SAID LOT 2;
TOGETHER WITH THE NORTHERLY 12 FEET OF THE WESTERLY 28 FEET OF
LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-14-78 REVISION RECORDED
UNDER RECORDING NO. 8009290574.
PARCEL C:
THE NORTH 9 ACRES OF GOVERNMENT LOT 3, SECTION 30, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, THE SOUTH
LINE THEREOF BEING AS ESTABLISHED BY INSTRUMENT RECORDED APRIL
7, 1926 UNDER RECORDING NO. 2164883; EXCEPT THE NORTH 120 FEET OF
THE WEST 363 FEET THEREOF; EXCEPT THE WEST 30 FEET FOR ROAD.
DEVELOPMENT AGREEMENT - Exhibit A Page 8
ND: 19036.002 4819-1837-8241v9
EXHIBIT B
CURRENT M-1 LIGHT INDUSTRIAL ZONING REGULATIONS, ACC ch. 18.32
M-1 LIGHT INDUSTRIAL DISTRICT
18.32.010 Intent
The purpose of the M-1 light industrial zone is to accommodate a variety of
industrial, commercial, and limited residential uses in an industrial park
environment, to preserve land primarily for light industrial and commercial uses, to
implement the economic goals of the comprehensive plan and to provide a greater
flexibility within the zoning regulations for those uses which are nonnuisance in
terms of air and water pollution, noise, vibration, glare or odor. The light
industrial/commercial character of this zone is intended to address the way in which
industrial and commercial uses are carried out rather than the actual types of
products made.
The character of this zone will limit the type of primary activities which may be
conducted outside of enclosed buildings to outdoor displays and sales. Uses which
are not customarily conducted indoors or involve hazardous materials are considered
heavy industrial uses under this title and are not appropriate for the M-I zone.
An essential aspect of this zone is the need to maintain a quality of development
that attracts rather than discourages further investment in light industrial and
commercial development. Consequently, site activities which could distract from
the visual quality of development of those areas, such as outdoor storage, should be
strictly regulated within this zone. (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord.
4910 § 1, 1996; Ord. 4229 § 2, 1987.)
18.32.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in an M-1 light industrial
district shall only be used for the following, unless otherwise provided for in this
title:
A. Automobile service and repair;
B. Automobile washes;
C. Banks and financial institutions;
D. Building and construction contractor services;
E. Caretaker quarters, not more than one per establishment;
F. Cold storage plants;
G. Daycare, including mini daycare centers, daycare centers, preschools or
nursery schools;
H. Equipment rental and leasing;
1. Gasoline filling station;
J. General offices;
K. Health and physical fitness clubs;
L. Horticultural nurseries, excluding soil mixing;
DEVELOPMENT AGREEMENT - Exhibit B Page 9
ND: 19036.002 4819-1837-82410
M. Household movers and storage;
N. Janitorial services;
0. Job training and vocational rehabilitation;
P. Manufacturing, assembling and packaging of articles, products and
merchandise when conducted entirely within an enclosed building;
Q. Mini-storage warehouses;
R. Motels and hotels;
S. Multiple-family dwellings, provided they are located in a multi-story building
the ground floor of which must contain one of the following uses listed in
subsections (C), (J), (K), (T), (W), (X), (Z) and (AA) of this section. The ground
floor may contain entrance and lobby areas which serve the dwellings;
T. Personal service shops;
U. Printing, publishing, and allied industries including such processes as
lithography, etching, engraving, binding, blueprinting, photocopying, and film
processing;
V. Research, development and testing;
W. Restaurants;
X. Retail sales of all types;
Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational
vehicles and boats;
Z. Reupholstery and furniture repair;
AA. Small appliance repair;
BB. Warehousing and distribution facilities, to include wholesale trade not open
to the general public. This includes motor freight transportation as an incidental use
but specifically excludes motor freight transportation as the principal use of the
property;
CC. Other similar uses and accessory uses and buildings appurtenant to a
principal use which the planning director finds compatible with the principal
permitted uses described in this chapter and consistent with the purpose and intent of
the M-1 zone;
DD. Sexually oriented businesses as provided in Chapter 18.74 ACC. (Ord. 6120
§ 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 1, 2004; Ord. 5835 § 5, 2004; Ord.
4910 § 1, 1996; Ord. 4294 § 1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.)
18.32.030 Reserved.
(Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 2, 2004; Ord. 4910 § 1,
1996; Ord. 4304 § 1(16), 1988; Ord. 4229 § 2, 1987.)
18.32.040 Uses requiring conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. Apartments; provided, that 1,200 square feet of lot area is provided for each
dwelling unit;
DEVELOPMENT AGREEMENT - Exhibit B Page 10
ND: 19036.002 4819-1837-82410
B. Government facilities, this excludes offices and related uses that are permitted
outright;
C. Miscellaneous light manufacturing including toys, jewelry, ceramic, musical
instruments and similar products, apparel and other finished products made from
fabrics, leather, and similar materials, manufacturing of professional, scientific, and
controlling instruments such as photo and optical goods, watch and clock
manufacturing, and similar products, with retail sales of products manufactured on
the premises;
D. Nursing homes;
E. Semi-tractor and trailer sales;
F. Utility substations;
G. Heliports;
H. Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government agency,
and meeting the standards established under ACC 18.49.090. (Ord. 5835 § 4, 2004;
Ord. 4910 § 1, 1996; Ord. 4590 § 5 (Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229
§ 2, 1987.)
18.32.050 Development standards.
Development standards in an M-1 light industrial district are as follows:
A. Minimum lot area: none required;
B. Minimum lot area per dwelling unit: 2,400 square feet;
C. Minimum lot width: none required;
D. Minimum lot depth: none required;
E. Maximum lot coverage: none required;
F. Maximum building height: 45 feet. Structures may exceed 45 feet if one
additional foot of setback is provided for each foot the structure exceeds 45 feet;
G. Minimum yard setbacks:
1. Front: 20 feet;
2. Side, interior: none required;
3. Side, street: 20 feet;
4. Rear: none required;
An additional 30-foot setback shall be required if adjacent to or separated by a
street less than 50 feet in width of any residentially zoned property. This additional
setback requirement also applies to residentially zoned property that is
unincorporated county land;
H. Fences and hedges: see Chapter 18.48 ACC;
1. Parking: see Chapter 18.52 ACC;
J. Landscaping: see Chapter 18.50 ACC;
K. Signs: see Chapter 18.56 ACC;
L. Performance standards: see Chapter 18.58 ACC. (Ord. 6120 § 1, 2007; Ord.
6033 § 1, 2006; Ord. 4910 § 1, 1996; Ord. 4304 § 1(19), 1988; Ord. 4229 § 2, 1987.)
18.32.060 Supplemental development standards.
DEVELOPMENT AGREEMENT - Exhibit B Page 11
ND: 19036.002 4819-1837-82410
Supplemental development standards in an M-1 light industrial district are as
follows:
A. All activities shall be conducted entirely within a building except as follows:
1. Outdoor storage subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 50 percent
of the lot.
b. Outdoor storage shall be located between the rear lot line and the
extension of the front facade of the principal structure, provided also that for corner
lots no outdoor storage would be allowed between a building and a side street lot
line. For through lots, the location for outdoor storage shall be determined by the
planning director.
c. Outdoor storage shall not be located in a required yard/setback area.
d. Outdoor storage shall not be permitted on vacant lots.
e. Outdoor storage shall be limited to 15 feet in height.
f. Outdoor storage areas shall be landscaped in accordance with ACC
18.50.050(F).
g. Outdoor storage areas shall consist of a hard surface material of
either gravel or paving.
h. Outdoor storage shall be supplemental to a permitted use on the
property.
i. Outdoor storage shall consist of supplies, materials, and/or equipment
that are in working and usable condition. Outdoor storage of unworkable and/or
unusable equipment, supplies or materials is not permitted.
2. Gasoline pumps.
3. Refuse containers, provided they are screened from adjoining property
and public or private right-of-way with a masonry fence and a five-foot width Type
III landscaping.
4. Horticulture activities.
5. Sales and rental of automobiles, trucks, motorcycles, recreational vehicles
and boats.
B. All odors, noise, vibrations, heat, glare, or other emissions are controlled
within the confines of a building unless specifically permitted elsewhere by this title.
C. Loading and unloading docks shall not be visible from the street.
B. No on-site hazardous substance processing and handling, or hazardous waste
treatment and storage facilities, shall be permitted, unless clearly incidental and
secondary to a permitted use. On-site hazardous waste treatment and storage
facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord.
6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 4, 2004; Ord. 4910 § 1, 1996;
Ord. 4304 § 1(18), 1988; Ord. 4294 § 3, 1988; Ord. 4229 § 2, 1987.)
DEVELOPMENT AGREEMENT - Exhibit B Page 12
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