HomeMy WebLinkAbout11-21-2011 Agenda Packet
City Council Meeting
November 21, 2011 - 7:30 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Flag Salute
B. Roll Call
C. Announcements, Appointments, and Presentations
1. Community Emergency Response Team (CERT) Class #21
Mayor Lewis to recognize the graduates of the twenty-first class of the
Community Emergency Response Team (CERT).
2. Auburn Valley YMCA
Jason Berry, Executive Director of the Auburn Valley YMCA, to provide the
City Council with an update on the Auburn Valley YMCA
3. Planning Commission
City Council approve the appointment of Yolanda Trout to the Planning
Commission to fill an unexpired term expiring December 31, 2013.
(ACTION REQUESTED: City Council confirm the appointment of
Yolanda Trout to the Planning Commission.)
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2011-2012 Biennial Budget (Backus/Coleman)
City Council to conduct a public hearing to receive public comments and
suggestions with regard to the proposed modifications to the 2011-2012
Biennial Budget.
(ACTION REQUESTED: City Council conduct the public hearing. No
further action is requested at this time.)
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
1. November 14, 2011 Minutes* (Peloza)
B. Planning & Community Development
1. November 14, 2011 Minutes* (Norman)
C. Public Works
1. November 7, 2011 Minutes* (Wagner)
D. Finance
1. November 7, 2011 Minutes* (Backus)
E. Les Gove Community Campus
F. Downtown Redevelopment
G. Council Operations Committee
IV. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
V. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. November 7, 2011 City Council Minutes*
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 408917 through 409289 in the amount of $5,398,589.02
and dated November 21, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532357 to 532404 in the amount of $786,662.24 and
electronic deposit transmissions in the amount of $1,192,229.40 for a grand total of
$1,978,891.64 for the pay period covering November 3, 2011 to November 16,
2011.
D. Public Works Annual On-Call Professional Services* (Wagner/Dowdy)
City Council approve the Annual On-Call Professional Service Agreements and
Amendments for 2012
E. Public Works Project No. CP1005* (Wagner/Dowdy)
City Council approve Change Order No. 3 in the Amount of $102,250.00 to
Contract No. 11-08 for Work on Project No. CP1005 South Division Street
Promenade.
F. Public Works Project No. CP0756* (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 4 to Contract No. 11-02 in the amount
of $78,549.44 for a total contract price of $486,927.14 with Hoffman Construction,
Inc. and accept construction of Project No. CP0756 - Lea Hill Pump Stations
Decommissioning Phase 2
G. Public Works Project No. CP1121* (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP1121, 2011
Local Street Pavement Reconstruction - Phase 2
(ACTION REQUESTED: City Council approve the Consent Agenda.)
VI. UNFINISHED BUSINESS
There is no unfinished business.
VII. NEW BUSINESS
There is no new business.
VIII. ORDINANCES
A. Ordinance No. 6380* (Backus/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, authorizing
the levy of regular property taxes by the City of Auburn for collection in 2012
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6380.)
B. Ordinance No. 6382* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington relating to
special area plans, amending section 16.06.020 of the Auburn City Code, and
adding a new chapter, 18.80 "Northeast Auburn Special Area Plan and Auburn
Gateway Planned Action" thereto
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6382.)
C. Ordinance No. 6385* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 14.03.101 and 14.03.030 of the Auburn City Code relating to project
permit decisions and adding a new chapter, Chapter 18.53 to the Auburn City
Code relating to Master Plans
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6385.)
D. Ordinance No. 6391* (Wagner/Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Chapter 13.41 of the Auburn City Code relating to Utility Systems Development
Charge
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6391.)
E. Ordinance No. 6392* (Norman/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending the
Fiorito Business Park Rezone approved under Ordinance No. 6297
(ACTION REQUESTED: City Council introduce and adopt Ordinance No.
6392.)
IX. RESOLUTIONS
A. Resolution No. 4756* (Norman/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to enter into a Development Agreement with Auburn Properties,
Incorporated related to the Auburn Gateway Project
(ACTION REQUESTED: City Council adopt Resolution No. 4756.)
B. Resolution No. 4765* (Norman/Snyder)
A Resolution of the City Council of the City of Auburn, Washington authorizing the
Mayor and City Clerk to execute a Memorandum of Agreement with Ceradimm,
LLC replacing and superseding the Master Development Agreement with Alpert
International, LLLP previously approved by passage of Resolution No. 4663
(ACTION REQUESTED: City Council adopt Resolution No. 4765.)
C. Resolution No. 4766* (Norman/Snyder)
A Resolution of the City Council of the City of Auburn Washington authorizing the
Mayor and City Clerk to execute an Exclusive Agency Listing Agreement with
Jones Lang LaSalle for real estate brokerage services for certain City owned
properties in downtown Auburn
(ACTION REQUESTED: City Council adopted Resolution No. 4766.)
D. Resolution No. 4767* (Backus/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and the City Clerk to execute an Agreement for Services between the City
of Auburn and the Auburn Area Chamber of Commerce to operate a visitor
information center, promote tourism awareness within the City and to provide
services associated with supporting the City's economic development efforts
(ACTION REQUESTED: City Council adopt Resolution No. 4767)
E. Resolution No. 4772* (Norman/Snyder)
A Resolution of the City of Auburn, Washington approving and authorizing
execution of an Interlocal Agreement with Pierce County, thereby amending the
Pierce County Countywide Planning Policies for Consistency with Vision 2040
(ACTION REQUESTED: City Council adopt Resolution No. 4772.)
F. Resolution No. 4773* (Norman/Snyder)
A Resolution of the City of Auburn, Washington, approving and authorizing
execution of the three interlocal agreements with Pierce County, thereby amending
the Pierce County Countywide Planning Policies designating three new candidate
regional centers
(ACTION REQUESTED: City Council adopt Resolution No. 4773.)
X. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
2011-2012 Biennial Budget
Date:
November 14, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to conduct a public hearing to receive public comments and suggestions
with regard to the proposed modifications to the 2011-2012 Biennial Budget.
Background Summary:
This hearing provides an opportunity for any citizens to make comments or suggestions
prior to publication of the mid-biennial correction.
F3.23
Reviewed by Council Committees:
Councilmember:Backus Staff:Coleman
Meeting Date:November 21, 2011 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 14, 2011 Minutes
Date:
November 16, 2011
Department:
Police
Attachments:
Municipal Services Minutes 11-14-11
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:November 21, 2011 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1
Municipal Services Committee
November 14, 2011 - 3:00 PM
City Hall Conference Room 3
MINUTES
DRAFT
I. CALL TO ORDER
A. Roll Call
Chair Peloza called the meeting to order at 3 p.m. in Conference Room 3 on the second floor of
City Hall, 25 West Main Street, Auburn WA. Members present: Chair Bill Peloza, Vice Chair Sue
Singer, Member John Partridge. Staff present: Mayor Peter Lewis, Assistant Chief of Police Bill
Pierson, Director of HR/Risk Management Brenda Heineman, Employee Relations &
Compensation Manager John Fletcher, Finance Director Shelley Coleman, City Attorney Dan
Heid, Financial Planning Manager Martin Chaw, Police Secretary/Scribe Kathy Emmert. Others
present: Councilmembers elect Largo Wales, Wayne Osborne, John Holman and Auburn
Reporter representative Robert Whale.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
Vice Chair Singer moved to accept the Minutes of the October 20, 2011 special meeting and the October
24, 2011 regular meeting with the amended language in the October 24, 2011 Minutes for section III.F
adding the language: Member Partridge discussed the potential removal of the Photosafe signage
except for the intersections and school zones where cameras are present.
Member Partridge seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
A. Minutes October 20, 2011 Special Meeting
B. Minutes October 24, 2011 Meeting*
III. DISCUSSION ITEMS
A. Ordinance No. 6378 (Coleman)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING ORDINANCE NO. 6339, THE 2011-2012
BIENNIAL BUDGET ORDINANCE AS AMENDED BY ORDINANCE NO.
6351, ORDINANCE NO. 6352, ORDINANCE NO. 6362 AND ORDINANCE
Page 1 of 3
MS.1
6370 AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2011-
2012 BUDGET AS SET FORTH IN SCHEDULE "A"
The Committee supports Ordinance No. 6378.
B. City Hall Remodel (Heineman)
Director Heineman discussed the plans for remodeling City Hall to allow for workspace for both the
Human Resources and Legal Departments. The HVAC system will be replaced as well once plans
are in place for the offices required by these departments. The remodel includes other areas of
City Hall as well, however, the HR and Legal Departments have an urgent need for appropiate
space for their specific functions. Detail will be presented at the next Muni Services meeting on
November 28, 2011.
C. Resolution No. 4775 (Heineman)
Resolution No. 4775 deals with the required statutory changes to the deferred compensation plan
for employees. Detail will be provided and this will be discussed at the next Muni Services
meeting on November 28, 2011.
D. City Code 8.28 Review - Noise
The Noise Ordinance was reviewed and it was determined some language changes need to be
made in order to accommodate the Valley Regional Fire Authority now being the entity formerly
referred to as Fire Chief or Designee. Language will be updated by Legal and the revised
ordinance will be brought back to a future meeting.
E. City Code 8.24 Review - Fireworks
The Fireworks Ordinance was reviewed and it was determined there is a possible starting point for
discussions with the Muckleshoot Indian Tribe. The Mayor will work with his counterpart on the
reservation to arrange a joint meeting between the Tribe and City officials.
F. Matrix
The Matrix is amended as follows:
*Item 20 P - Member Partridge was requested to report on the successful open house for the new
Auburn Valley Humane Society. The AVHS event was extremely successful, raising funds through
the Charter Member program. The goal was to recruit 20 Charter Members at the event and this
was exceeded as 30 were sold ($1000 a piece). In addition other entities assisting at the event
donated proceeds totaling approximately $3000 more. It is felt the community is extremely
supportive of this venture which will provide animal shelter services to the residents of Auburn.
* Item 24P - adding the following language into the status column: Mayor to coordinate
a joint meeting between the MSC and MIT Law and Justice Committee.
* Item 29P - date corrected to read November 28, 2011
IV. ADJOURNMENT
The meeting adjourned at 3:58 p.m.
Page 2 of 3
MS.1
The next regular meeting of the Committee is Monday, November 28, 2011 at 3 p.m.
Signed this ____ day of November, 2011.
___________________________________ _________________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
Page 3 of 3
MS.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 14, 2011 Minutes
Date:
November 16, 2011
Department:
Planning and Development
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only, see attachment
Background Summary:
Reviewed by Council Committees:
Councilmember:Norman Staff:
Meeting Date:November 21, 2011 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1
Planning and Community
Development
November 14, 2011 - 5:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
A. Roll Call
Chair Norman, Vice-Chair Backus and Member Partridge were present. Also
present were Mayor Pete Lewis, Planning and Development Director Kevin
Snyder, Planning Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon,
Planner Stuart Wagner, Finance Director Shelley Coleman, City Attorney Dan
Heid, Theater Operations Coordinator Jim Kleinbeck, Arts & Events Manager Julie
Brewer, Arts Coordinator Maija McKnight, Economic Development Manager Doug
Lein, Contract Economic Development Planner William Thomas, and Planning
and Community Development Secretary Tina Kriss.
Members of the Public in attendance included: Largo Wale, Wayne Osborne, John
Holman, Nancy Wyatt, Colleen Maloney, Tanya Rottle,, Ronnie Schwend, Linda
Elliott, Michael Chey, Cary Davidson, Councilmember Rich Wagner, and Robert
Whale of the Auburn Reporter.
B. Announcements
1. Auburn Arts Commission Update (Faber)
Arts & Events Manager Julie Brewer and Arts Coordinator Maija McKnight
provided an update on the activities of the Auburn Arts Commission
highlighting performing arts, visual arts, public art, advocacy, and support for
local artists and arts organizations, and special projects and events working
cross departmentally. The Arts Commisison continues to work to advocate
and support local artists and art organizations expanding many of the current
programs in 2011. Arts Commissioner Linda Elliott discussed the current
sister cities program and exploration of future sister city
relationships. Committee requested a future discussion on Council’s vision
for the Arts in Auburn.
C. Agenda Modifications
The following items will be removed and forwarded to the November 28th,
2011 meeting:
Resolution No. 4769
2012 – 2017 Transportation Improvement Program
Phase II Code Update – Grouping 1
Page 1 of 6
PCD.1
II. CONSENT AGENDA
A. Minutes - October 24, 2011 (Snyder)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve
to approve the consent agenda as presented.
Motion Carried Unanimously. 3-0.
III. ACTION
A. Ordinance No. 6385 Master Plan Code Amendment (Chamberlain)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve to approve Ordinance No. 6385 to full City
Council for review and approval.
Planning Manager Elizabeth Chamberlain provided the staff report.
Committee and staff reviewed the Planning Commission recommendations.
Motion Carried Unanimously. 3-0.
B. Resolution No. 4765 - Memorandum of Agreement and Option to Purchase
Real Property with Ceradimm, LLC (Snyder)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve as amended approve Resolution No. 4765
with the deletion of “or within one year following the termination of this
Agreement”, Page 3, Section 3, RIGHT OF FIRST REFUSAL and “It is
provided, however, that the GRANTEE’S right of first refusal shall not
survive beyond one year following the end of the term of this Option
Agreement”, Page 4, first sentence, to full council for consideration.
Planning and Development Director Kevin Snyder provided the briefing on
Resolution No. 4765. Staff reviewed the additional language added on Page
3, No. 3, RIGHT OF FIRST REFUSAL. Committee asked if the City could
keep a parcel for the City’s use, take part in a land swap, or receive an
outside offer from a potential buyer/developer? City Attorney Dan Heid
stated under this agreement if executed and in each of the scenarios
presented Ceradimm, LLC would exercise their Right of First Refusal
whereby the City would determine a value/price and specific terms and
conditions that have been approved by the City. Ceradimm, LLC would then
have the option to meet the conditions/terms, including the price/value, and
take action to purchase.
City Attorney Heid stated the Right of First Refusal was added to the
agreement by Ceradimm, LLC to provide Ceradimm and opportunity to
Page 2 of 6
PCD.1
purchase while allowing the City flexibility should the City receive an offer to
purchase from other potential buyers (it was not in the current agreement).
City Attorney Heid stated once this agreement is terminated with Ceradimm,
LLC they have an additional year to exercise the Right of First Refusal.
Committee stated they are not supportive of allowing an additional year
after the agreement terminates. Committee expressed concern in tying the
City up for an additional year with a developer/agent especially if the agent
has not exhibited previous activity. Director Snyder stated although
Spencer Alpert is a developer his primary roll is to assist the City in
engaging with potential developers for City owned property. The
Memorandum of Agreement clarifies City’s perspective; the working
relationship with Spencer Alpert as a strategic resource to engage with
potential buyers.
Mayor Lewis asked Committee if they could support this new agreement if
the additional year was removed from the Right of First Refusal language.
Committee stated they would be more inclined to move it forward.
Motion Carried Unanimously. 3-0.
C. Resolution No. 4766 - Exclusive Agency Listing Agreement with Jones Lang
LaSalle (Snyder)
Councilmember Backus moved and Councilmember
Partridge seconded to approve Resolution No. 4766 to full City Council for
review and approval.
Planning and Development Director Kevin Snyder provided the staff report for
Resolution No. 4766. Committee and staff reviewed the changes to the agreement
since the October 24, 2011 Planning and Community Development Committee
meeting.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Ordinance No. 6378 (Coleman)
Finance Director Shelley Coleman provided the staff report. Staff and
Committee discussed the various changes within budget amendment No. 5,
Ordinance No. 6378.
Committee was supportive of Ordinance No. 6378
B. Resolution No. 4767 (Coleman)
Finance Director Shelley Coleman briefed the Committee on Resolution No.
Page 3 of 6
PCD.1
4767; exercising this agreement would allow the City to renew the services
with the Auburn Area Chamber of Commerce with the same terms and
conditions that currently exist. Nancy Wyatt, Auburn Area Chamber of
Commerce President & COO highlighted various services and
accomplishments of the Auburn Area Chamber of Commerce.
Committee asked if Ms. Wyatt could provide statistics from services
provided from 2010 to 2011.
C. Phase II Code Update - Grouping 1 (Wagner)
Removed and forwarded to November 28, 2011 meeting.
D. HCSA Laundry Facility Building Square Footage Increase* (Taylor)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve to forward to full City Council HCSA
Laundry Facility Square Footage Increase for recommendation of review
and approval.
Planning Manager Elizabeth Chamberlain provided the staff report. City
Attorney Dan Heid provided a handout and reviewed the quasi judicial
process. Planning Manager Chamberlain stated the City Council originally
passed Ordinance No. 6297 approving a rezone of three parcels from C3,
Heavy Commercial, to BP, Business Park consistent with the conceptual
site plan submitted by the applicant. The total area of any proposed building
was limited to 95,000 square feet. The City of Auburn has received a
development application for an industrial laundry facility at the subject site
that would exceed the allowable building first floor square footage by a total
of 7,927 square feet or eight (8) percent. Changes to the original language
of the rezone require a review by the Planning & Community Development
Committee of the City Council or its successor. If the change is minor, less
than 10% the Committee shall make a recommendation to the City Council;
this request is less than 10%. Committee and staff discussed environmental
practices for this proposed business. After review by Committee it was
determined Committee would take action on this item.
Motion Carried Unanimously. 3-0.
E. 2011 Comprehensive Plan Amendments (Dixon)
Discuss Planning Commission recommendation on 2011 annual
Comprehensive Plan Amendments.
Principal Planner Dixon reviewed the Planning Commission
recommendations for the 2011 Comprehensive Plan Amendments. Staff
and Committee reviewed the potential uses of industrial zoning within the
Stuck River Road Potential Special Plan Area and the Bicycle Task Forces
recommendations from Planning Commission.
Page 4 of 6
PCD.1
Committee was pleased with the 2011 Comprehensive Plan Amendments
and thanked staff for the organization of the work and binder provided for
review.
F. Draft Resolution No. 4772 (Chamberlain)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve Resolution No. 4772 to full City Council for
review and approval.
Planning Manager Elizabeth Chamberlain provided the briefing for
Resolution No. 4772. Committee and staff reviewed the proposed
amendments to the Pierce County Countywide Planning Policies. The
proposed amendments are to have the policies to be consistent with Puget
Sound Regional Council’s Vision 2040. After discussion it was determined
Committee would take action on this item.
Motion Carried Unanimously. 3-0.
G. Draft Resolution No. 4773 (Chamberlain)
Councilmember Backus moved and Councilmember
Partridge seconded to Approve Resolution No. 4733 to full City Council for
review and approval.
Planning Manager Elizabeth Chamberlain provided the briefing for
Resolution No. 4773. Committee and staff reviewed the proposed
amendments to the Pierce County Countywide Planning Policies. Staff
reviewed the proposed three (3) candidate regional centers. After
discussion Committee decided to take action.
Motion Carried Unanimously. 3-0.
H. Land Use Strategies for Addressing Impact of Potential Partial or Full Loss
of Streamlined Sales Tax Mitigation Funds (Snyder)
Planning Director Snyder provided the staff report. Director Snyder reviewed
Governor Gregoire’s released Budget Reduction Alternatives (released at the end
of October 2011). The Governor’s Alternatives identify as a potential budget
reduction alternative a partial (25 percent) or full (100) elimination of streamlined
sales tax mitigation funding that the City of Auburn is a current recipient of. A
partial or 25 percent elimination of this funding would mean a loss of $500,000
while a full or 100 percent elimination would mean a loss of $2,000,000. Governor
Gregoire did not at the time of publication of the Budget Reduction Alternatives
specifically identify that she had chosen to include this proposed alternative in her
2012 supplemental budget proposal, however, there is the potential that it could
be included either by the Governor at a later date or by the Washington State
Legislature during its special session that begins on November 28, 2011.
Page 5 of 6
PCD.1
The potential partial or full loss of this mitigation funding has significant revenue
implications for the City. In response to this potential revenue impact, the City
should consider whether current land use policies need to be revised to facilitate
the transition of industrial zoned areas away from warehouse and distribution uses
to manufacturing, industrial and retail uses that will help the City financially
compensate for real loss in revenue through increased property taxes and sales
taxes.
Staff provided several questions for the Committee’s consideration. Those
questions were discussed and the Committee provided initial policy feedback and
direction to staff on warehouse and distribution land uses.
I. Director's Report (Snyder)
Director Snyder discussed various projects and commercial bussiness
activities in the City.
J. PCDC Matrix (Snyder)
Chair Norman recommended Committee contact staff with any questions.
V. ADJOURNMENT
There being no further bsuiness to come before the Planning and Community
Development Committee, Chair Norman adjourned the meeting at 8:30 p.m.
APPROVED THIS _________ DAY OF _________________________.
______________________________________
Lynn Norman, Chair
_______________________________________
Tina Kriss, Planning & Development Secretary
Page 6 of 6
PCD.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 7, 2011 Minutes
Date:
November 16, 2011
Department:
Public Works
Attachments:
November 7, 2011 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:November 21, 2011 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1
Public Works Committee
November 7, 2011 - 3:30 PM
Annex Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference
Room #2, located on the second floor of Auburn City Hall, One East Main Street,
Auburn, Washington.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were
present. Also present during the meeting were: Mayor Pete B. Lewis, Public
Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis
Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp,
Traffic Engineer Pablo Para, Finance Director Shelley Coleman, Financial
Planning Manager Martin Chaw, Planning Director Kevin Snyder, Water
Utility Engineer Cynthia Lamothe, Engineering Aide Amber Mund, Project
Engineer Ryan Vondrak, Project Engineer Ryan Vondrak, Project Engineer
Leah Dunsdon, City Attorney Dan Heid, Risk Manager Rob Roscoe, and
Public Works Secretary Jennifer Rigsby.
Members of the public in attendance included: Roger Tucker from
Environmental Works, Myla Montgomery and Joanne Norman from Terry
Homes, and Citizen Wayne Osborne.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were two modifications to the agenda adding one Resolution for
action and three discussion items.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Haugen seconded to Approve the Public Works Committee Meeting
minutes for date, October 17, 2011.
Motion Carried Unanimously. 3-0.
B. Public Works Project No. CP0909 (Vondrak)
Page 1 of 10
PW.1
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council grant permission to
advertise for bids from Project No. CP0909, Academy Booster Pump
Station.
Project Engineer Vondrak stated that staff is seeking permission to bid for
Project No. CP0909 which is the second of two pump stations to be
constructed, as identified in the Comprehensive Plan, the first being the
Lakeland Hills Booster Pump Station, which is in construction. Vondrak
explained that the Academy Booster Pump Station will be constructed in
order to meet the required fire flow in the Academy water service area.
Project Engineer Vondrak answered questions asked by Chairman Wagner
regarding the project’s budget status sheet. Chairman Wagner asked why
the project is not being funded 100% by bonds instead of a mixture of bond
and capital funding. Assistant City Engineer Gaub explained that all bond
monies have been allocated to projects and the other water projects that
are being funded with utility bond monies are already under
construction. Member Haugen asked for an example of the projects in
construction. Project Engineer Vondrak answered that the Lakeland Hills
Booster Pump Station Project is under construction and Assistant City
Engineer Gaub added that the Reservoir 6 and SCADA projects are also
under construction.
Vice-Chair Peloza asked for the minimum and maximum requirements for
fire flow supply. Water Utility Engineer Lamothe answered that the minimum
in a residential area is 1,500 gallons per minute (gpm) and in commercial
areas, it is 2,500 gpm. Lamothe stated that following construction of the
booster pump station the City will be able to accommodate 1,500 gpm and
2,500 gpm for the different land uses in the entire Academy build out area,
in response to a question asked by Member Haugen.
Chairman Wagner asked what the fire flow is in the Lakeland Hills
area. Project Engineer Vondrak answered that the fire flow is 3,125 gpm.
Vice-Chair Peloza requested additional information identifying areas in the
City that have low fire flow. Chairman Wagner suggested Vice-Chair Peloza
schedule a meeting with Water Utility Engineer Lamothe. Member Haugen
requested the information be discussed at a Committee Meeting.
Motion Carried Unanimously. 3-0.
C. Public Works Project No. C201A (Sweeting)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council grant permission to
enter into Supplemental Agreement No. 6 to Consultant Agreement No. AG-
C-344 with CH2M Hill Inc. for construction management, inspection, survey,
Page 2 of 10
PW.1
and engineering for Project No. C201A, M Street SE Underpass Project.
Project Engineer Sweeting reported that CH2M Hill has been the lead
consultant for all of the design work and Right-of-Way acquisition for the M
Street SE Underpass Project and staff has been very happy with their
performance, in response to an inquiry made by Chairman
Wagner. Sweeting stated that CH2M Hill has come in at or below budget for
all of their tasks to date and they have staff that is ready to begin work on
the construction management portion of the project.
Chairman Wagner asked if soils were a concern in relationship to the
project. Project Engineer Sweeting stated that subsurface conditions and
soils have been studied extensively and the most important aspect is to
make sure that the groundwater level is lower than the excavation
depth. Groundwater levels have been monitored for the past two years and
the monitoring was completed as part of the design phase. The scope of
work being presented to the Committee is for the construction phase of the
project.
Project Engineer Sweeting responded to questions asked by Member
Haugen regarding pumps that are used to remove rainwater.
Project Engineer Sweeting stated that the consultant will be providing all of
the construction staking except for staking of the walls and bridge,( Jennifer,
confirm this with Jacob, I thought he did not include the bridge) in response
to a question asked by Chairman Wagner.
Sweeting answered questions asked by Vice-Chair Peloza regarding the
clearance for the bridge and excavation.
Mayor Lewis addressed concerns voiced by Member Haugen regarding the
groundwater and aquifer studies. Mayor Lewis requested that a summary of
the groundwater monitoring data be provided to the Council Members.
Assistant City Engineer Gaub responded to questions asked by Vice-Chair
Peloza regarding Traffic Mitigations Fees relating to the project budget.
Project Engineer Sweeting stated that the interest rate for the Public Works
Trust Fund Loan is 0.5% in response to a question asked by Vice-Chair
Peloza. Chairman Wagner asked if the City applied for a larger loan amount
than what is reflected on the budget status sheet. Project Engineer
Sweeting answered yes, but the amount reflected on the Budget Status
Sheet is the portion of the loan allowance needed to be drawn assuming
that the TIB grant for $3M is granted to the City.
Motion Carried. 2-1. Those voting no: Haugen .
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D. Public Works Project No. C507B (Dunsdon)
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council approve Final Pay
Estimate No. 5 to Contract No. 11-03 in the amount of $2,059.80 with
Pacific Northwest Earthworks LLC and accept construction of Project No.
C507B, Auburn/Pacific Trail – Skinner Road/3rd Avenue SE (Phase 2).
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4682 (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Execute an Interagency Agreement with King
County for the Purpose of Constructing a Relocated King County Sanitary
Sewer Line for the M Street Underpass Project (C201A)
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council adopt Resolution
No. 4682
Project Engineer Sweeting explained that King County does not want the
City to connect additional new side sewers to their trunk line. The City line
will collect services and then will connect to the County line, in response to
a question asked by Chairman Wagner.
Assistant Director/City Engineer Selle stated that King County prefers, as a
matter of policy, all private side sewer connections to tie into the City’s main
which in turn will tie into the County’s main, in response to a question asked
by Vice-Chair Peloza.
Member Haugen asked if there is a storm system that would drain water
from under the underpass. Project Engineer Sweeting explained that there
will be a system of inlets at the bottom of the basin that will collect water
which will then be pumped up into the storm pond where it will infiltrate back
into the ground; however, the storm drainage system is not part of the
County’s sanitary sewer system.
Motion Carried Unanimously. 3-0.
B. Resolution No. 4755 (Mund)
A Resolution of the City Council of the City of Auburn, Washington,
Receiving a Petition for Vacation and Setting a Public Hearing to Consider
the Vacation of 8th Street NE West of A Street NE within the City of Auburn,
Washington
Councilmember Peloza moved and Councilmember
Haugen seconded to recommend that the City Council adopt Resolution
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PW.1
No. 4755.
Engineering Aide Mund reported that Terry Homes applied for a Right-of-
Way Vacation of 8th Street NE, west of A Street NE and Resolution No.
4755 sets the date of the Public Hearing for December 5, 2011. Mund noted
that the staff report will be updated prior to the Public Hearing and will
reflect the details on the Puget Sound Energy easement that is needed for
the vacation.
Vice-Chair Peloza asked what the benefit to Terry Homes will be if the City
grants the vacation. Assistant Director/City Engineer Selle answered that
the size of the applicant’s property will increase. Chairman Wagner stated
that the area of vacation is 4,400 sq ft, in response to an inquiry made by
Vice-Chair Peloza.
Engineering Aide Mund stated that vacation of the Right-of-Way will allow
the applicant to build a larger building and the benefit to the City is that it
reduces the City’s Right-of-Way maintenance and would increase the
amount of the property taxes the City receives, in response to a question
asked by Member Haugen. Member Haugen spoke against the vacation of
alleys and streets by the City.
Motion Carried Unanimously. 3-0.
C. Resolution No. 4774 (Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
Declaring an Emergency with Respect to Repair of the Roof of the Mountain
View Cemetery Building Structure at 2020 Mountain View Drive, Auburn
WA 98001
Councilmember Peloza moved and Councilmember
Wagner seconded to recommend that the City Council adopt Resolution
No. 4774.
Resolution No. 4774 was added to the agenda via an agenda modification
dated November 7, 2011.
Risk Manager Roscoe stated that the building in need of roof repairs is the
main cemetery office space.
Finance Director Coleman responded to questions asked by Chairman
Wagner regarding the transfer of funds to the cemetery included in the
budget amendment. Chairman Wagner asked if the transfer amount would
increase due to the repairs made to the roof. Roscoe responded that the
funds being used to repair the roof will come out of the Facilities budget
which is separate from the Cemetery budget.
Risk Manager Roscoe answered questions asked by Member Haugen
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PW.1
regarding the materials being used to replace the roof and the approximate
cost. Roscoe said that the replacement will probably cost between
$40,000.00 and $45,000.00. Roscoe reported that the leaks in the roof are
causing damage to the building.
Risk Manager Roscoe explained how the funds from the Facilities fund will
be used to pay for the roof replacement.
Mayor Lewis stated that the cemetery an enterprise fund separate from the
Parks Department and is managed by Parks Department officials in
response to comments made by Member Haugen.
Member Haugen voiced her concerns about the fact that the roof of the
cemetery needed replacement and stated that she will vote against
recommending City Council adopt Resolution No. 4774 at the Committee
level, but will vote in favor of adoption of the Resolution at the City Council
Meeting.
Motion Carried. 2-1. Those voting no: Haugen .
IV. DISCUSSION ITEMS
A. Resolution No. 4768 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
Supporting Initiative 1183 Concerning Liquor: Beer, Wine, and Spirits (Hard
Liquor)
City Attorney Heid stated that he was requested to draft a resolution, within the
parameters that the state law allows, supporting Initiative 1183, which has
potential benefits for law enforcement funding and it does restructure how hard
liquor is sold in the state.
Mayor Lewis spoke about the Governor’s new budget and how the City will be
impacted if Initiative 1183 is not approved.
Chairman Wagner spoke in favor of Resolution No. 4768.
Member Haugen stated that she will be voting against adoption of Resolution No.
4768.
Vice-Chair Peloza stated that he supported adoption of Resolution No. 4768.
B. Ordinance No. 6378 (Coleman)
Finance Director Coleman provided some background information
regarding the difference between Budget Amendment No. 5 and the
previously discussed Budget Amendment No. 6.
Finance Director Coleman answered questions asked by Chairman Wagner
Page 6 of 10
PW.1
regarding the changes to how the transfers of funds into the Arterial Street
Fund and Trails Fund are made.
Finance Director Coleman answered questions asked by Chairman Wagner
regarding the transfer of funds into the Cemetery Fund. The Committee and
Mayor Lewis discussed the possible need for review of the Cemetery
budget by the Municipal Services Committee in the future.
Chairman Wagner spoke about the possibility of a private partnership that
may benefit the Cemetery.
Member Haugen verified that the Cemetery has its own maintenance staff
and the Parks Department does not provide maintenance staff. Mayor
Lewis verified that to be correct.
C. Utility Depreciation Funding (Coleman)
Finance Director Coleman provided a more detailed explanation of the
system reinvestment to the Committee, in response to a request made be
Vice-Chair Peloza.
Chairman Wagner discussed the difference between raising funds for new
facilities by borrowing money and raising rates to pay off bonds, referred to
as intergenerational equity, versus funding depreciation “as you go” out of
rates.
Chairman Wagner spoke about the past Committee discussions relating to
the Committee’s agreement to phase in the funding of facilities depreciation.
Finance Director Coleman discussed the options for system reinvestment,
Option 1 – Replacement Cost, and Option 2 – Depreciation Net of Debt
Principal, which is the approach selected by Auburn City Council during the
most recent rate study in 2009.
Finance Director Coleman reviewed the pros and cons of system
reinvestment as outlined in the PowerPoint presentation included in the
Committee Meeting agenda packet.
Finance Director Coleman answered questions asked by Vice-Chair Peloza
regarding the formula used to calculate Option 2.
The Committee and Finance Director Coleman reviewed the utility system
reinvestment practices of neighboring jurisdictions.
Finance Director Coleman explained that the Public Works Committee
previously decided to start utility enterprise fund recovery of 10% of
depreciation in 2012 and increasing the amount by 10% until full coverage
is reached. Now staff and the Committee are discussing whether this
Page 7 of 10
PW.1
approach is still feasible based on the financial forecasts of the utilities.
The Committee and staff reviewed the ramifications of delaying
contributions for 3 years and 5 years.
Finance Director Coleman stated that staff is looking for policy direction
from Council on whether or not the City should fund depreciation as a
financial policy for the utilities or should the City delay implementing funding
of depreciation for 3-5 years.
The Committee and Mayor Lewis reviewed the arguments for and against
each policy question, provided by staff.
Finance Director Coleman asked if the Committee would like to raise utility
rates to cover the established policy or to delay for 3 – 5 years.
Finance Director Coleman discussed the factors that are contributing to a
decrease in the City’s water usage, in response to a question asked by
Vice-Chair Peloza.
Mayor Lewis requested future discussion be scheduled on the rate structure
and profit and loss for each utility.
Chairman Wagner asked for a Committee consensus to delay the
depreciation funding for the water and sanitary sewer facilities, but not delay
the storm drainage utility depreciation funding, for at least 3 years to try and
keep rate increases as low as possible. The Committee agreed.
Vice-Chair Peloza stated that the next rate study needs to include reduction
of revenue and the factors that contribute to the reduction.
D. Capital Project Status Report (Gaub)
Item 9 – CP1006 – Lakeland Hills Reservoir 6: Chairman Wagner asked if
there has been any feedback from neighbors. Assistant City Engineer
Gaub stated that the reservoir is in the coating process and staff has
addressed all of the concerns from neighbors.
Assistant City Engineer Gaub stated that if a project is behind schedule or if
there is an issue it will be noted in the Status column on the CPS Report, in
response to a question asked by Vice-Chair Peloza.
Item 7 – CP817 – 2009 Sewer & Storm Pump Station Replacement –
Phase B Ellingson: Assistant City Engineer Gaub stated the project should
be complete in a month and work was suspended because the contractor
was waiting for a part to arrive, in response to a question asked by Vice-
Chair Peloza.
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PW.1
Item 15 – C207A – A Street NW Corridor – Phase 1: The Committee and
staff reviewed a map provided by Assistant City Engineer Gaub that
showed the Post Office’s proposed improvements to their parking lot and
the potential new access on A Street NW. The Committee expressed
concern that their proposed 90 degree parking angle design, instead of the
current angle parking design, may require removal of the current curb
barrier that prevents vehicles from colliding when backing out of parking
spaces.
Item 19 – C201A – M Street Underpass Project: Chairman Wagner
commented favorably on the amount of patching being done on M Street
SE as part of the Arterial Preservation Project.
Item 23 – CP1109 – 2011 Storm Pipeline Repair and Replacement Phase
2: Citizen Wayne Osborne asked if 6th Place NE is still included in the
project. Assistant City Engineer Gaub stated that 6th Place NE in included
in the 2011 Local Street Pavement Preservation Project Phase 2.
Item 30 – CP1024 – AWS and M Street SE Intersection
Improvements: Chairman Wagner asked if there was any negative feedback
regarding the new turn restrictions at the M Street SE/17th Street SE
intersection. Traffic Engineer Para answered that the minimal feedback he
has received has been positive.
Vice-Chair Peloza reported that the statuses on Items E and F have
changed.
E. Resolution No. 4765 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Execute a Memorandum of
Agreements with Ceradimm, LLC Replacing and Superseding the Master
Development Agreement with Alpert International, LLLP Previously
Approved by Passage of Resolution No. 4663
Resolution No. 4765 was added to the agenda via an agenda modification
dated November 3, 2011.
Mayor Lewis stated that there is new information that was just received and
the discussion item needs to be postponed. Planning Director Snyder stated
that both Resolution No. 4765 and Resolution No. 4766 has been removed
from the Council agenda but may be discussed by the Committee.
City Attorney Heid addressed concerns brought forward by Vice-Chair
Peloza regarding right of first refusal opportunities included in the
agreement.
F. Additional Discussion
Page 9 of 10
PW.1
Chairman Wagner asked that Planning Director Snyder attend the next
Public Works Committee Meeting to listen to discussion regarding signal
timing and level of service in corridors versus intersections.
Chairman Wagner reported that he is working of with Auburn High School to
see if they would like to participate in the City’s LED street light conversion.
Director Dowdy addressed questions asked by Chairman Wagner regarding
asphalt recycling technology. Chairman Wagner asked if staff could provide
a viewing for the Committee of videos that show the different types of
asphalt.
V. ADJOURNMENT
There being no further business to come before the Public Works Committee,
the meeting was adjourned at 5:08 p.m.
Approved this 21st day of November.
Page 10 of 10
PW.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 7, 2011 Minutes
Date:
November 16, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:
Meeting Date:November 21, 2011 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1
Finance Committee
November 7, 2011 - 6:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 6:01 p.m. in Conference Room 1
located on the second floor of the City Hall Annex located at One East Main Street in
Auburn.
A. Roll Call
Chair Backus, Vice Chair Lynn Norman and Member Rich Wagner were present.
Also present were: Mayor Peter B. Lewis, Councilmember John Partridge,
Councilmember Virginia Haugen, Finance Director Shelley Coleman, Planning
and Development Director Kevin Snyder, City Attorney Daniel B. Heid, Public
Works Director Dennis Dowdy, Risk Manager Rob Roscoe, Community Services
Manager Michael Hursh, Wayne Osborne, Frank Lonergan, Auburn Area
Chamber of Commerce President and Chief Operating Officer Nancy Wyatt,
Chamber Tourism Coordinator Debbie Luce, and City Clerk Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
Resolution No. 4774 was added as a discussion item.
II. CONSENT AGENDA
A. October 17, 2011 Minutes
Vice Chair Norman moved and Member Wagner seconded to approve the
October 17, 2011 minutes.
MOTION CARRIED UNANIMOUSLY. 3-0.
B. Claims Vouchers (Coleman)
Claims check numbers 408466 through 408916 in the amount of
$3,312,613.37 and dated November 7, 2011.
Committee members reviewed the claims and payroll vouchers and briefly
discussed claims vouchers 408572, 408741, 408742, 408849, 408479, 408481,
408609, and 408759.
Vice Chair Norman moved and Member Wagner seconded to approve the claims
Page 1 of 6
FN.1
and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0.
C. Payroll Vouchers (Coleman)
Payroll check numbers 532309 to 532356 in the amount of $279,199,03
and electronic deposit transmissions in the amount of $1,206,571.74 for a
grand total of $1,485,770.77 for the pay period covering October 13, 2011
to November 2, 2011.
See claims vouchers for approval of payroll vouchers.
III. RESOLUTIONS
A. Resolution No. 4762 (Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain City property as surplus, and authorizing the Mayor and
City Clerk to execute agreements between the City of Auburn and the State
of Washington for an exchange of property and for joint use and
maintenance of property
Referring to the Agreement to Exchange Real Property between the State of
Washington, Green River Community College, and the City of Auburn, Member
Wagner questioned the use of the term "equivalent co-owners" (the State and the
City) of the newly created and relocated Lea Hill Park. Risk Manager Rob Roscoe
explained that the State required that the State be designated as a co-owner of
the park as a condition of the State grant funds that will be used to improve the
park. The City and the State will be reflected on the title of the park property.
Risk Manager Roscoe stated that the terms of the operation of the park
are outlined in the joint use agreement. Member Wagner noted that the joint use
agreement refers to ball fields use. Member Wagner questioned whether the
State would have any rights for the remainder of the park. Risk Manager Roscoe
stated that Green River Community College would be able to schedule use of the
remainder of the park through the Auburn Parks, Arts and Recreation Department
as is the case with other City-owned recreation facilities. It is anticipated that the
College will have little use for the park.
Member Wagner questioned whether the joint use agreement should be more
specific about the rights of the parties.
Chair Backus stated that Parks, Arts and Recreation Director Faber indicated that
there would be little input from the State as to the use of the park. Mayor Lewis
added that the City and the State had a similar relationship with Game Farm Park
for several years.
Vice Chair Norman moved and Member Wagner seconded to approve and
forward Resolution No. 4762 to the full Council for approval.
Page 2 of 6
FN.1
MOTION CARRIED UNANIMOUSLY. 3-0.
B. Resolution No. 4768 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
supporting Initiative 1183 concerning liquor: beer, wine, and spirits (hard
liquor)Initiative Measure No. 1183 concerns liquor: beer, wine, and spirits
(hard liquor).This measure would close state liquor stores and sell their
assets; license private parties to sell and distribute spirits; set license fees
based on sales; regulate licensees; and change regulation of wine
distribution.Interested persons will be afforded an opportunity to express
opposing views.
Mayor Lewis stated that the proposed Resolution was brought forward to the
Council in light of recent events, including the Governor's indication that the State
would no longer share the sales and liquor excise taxes with local governments.
Initiative 1183 would require that the amount of funds the cities currently receive
from sales and liquor excise tax would continue. If 1183 fails, the City stands to
lose approximately $900,000 annually in tax revenue.
Vice Chair Norman moved and Member Wagner seconded to approve and
forward Resolution No. 4768 to the full Council.
MOTION CARRIED UNANIMOUSLY. 3-0.
IV. DISCUSSION ITEMS
A. Ordinance No. 6378 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance
as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No.
6362 and Ordinance No. 6370 authorizing amendment to the City of Auburn
2011-2012 Budget as set forth in Schedule "A"
Finance Director Coleman explained that Ordinance No. 6378 makes the final
changes to the 2011 Budget. The amendment recognizes revenue and grant
funding received and public employee pension contribution rate adjustments.
Vice Chair Norman questioned whether reverting to utility billing every other
month rather than monthly would realize cost savings. Finance Director Coleman
estimated that the monthly billing process adds $50,000 over the cost of billing
every two months.
Member Wagner stated that he championed the change to monthly billing
believing that the City would have fewer late paying customers. However, the
change in the billing process has not changed the bill-paying practices of
customers.
Committee members agreed to discuss the proposal to revert utility billing to every
two months at a future meeting.
Page 3 of 6
FN.1
B. Ordinance No. 6380
An Ordinance of the City Council of the City of Auburn, Washington,
authorizing the levy of regular property taxes by the City of Auburn for
collection in 2012
Finance Director Coleman stated that Ordinance No. 6380 sets the property tax
levy for 2012. The levy includes a one percent increase over the 2011 levy and
property taxes on new construction. The levy is based on a recent assessed
valuation of $7.1 billion.
The Ordinance will be discussed further at the budget work session on November
17, 2011.
C. Resolution No. 4767 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and the City Clerk to execute an Agreement for
Services between the City of Auburn and the Auburn Area Chamber of
Commerce to operate a visitor information center, promote tourism
awareness within the City and to provide services associated with
supporting the City's economic development efforts
Auburn Area Chamber of Commerce President and Chief Operating Officer Nancy
Wyatt and the Chamber's Tourism Coordinator Debbie Luce were present to
answer any questions with regard to the Chamber's status report and
accomplishments in 2011 related to the visitor information center, economic
development, and tourism. The agreement for services is unchanged for 2012.
D. Resolution No. 4682 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Execute an Interagency Agreement with King
County for the Purpose of Constructing a Relocated King County Sanitary
Sewer Line for the M Street Underpass Project (C201A)
Public Works Director Dowdy stated that Resolution No. 4862 authorizes an
agreement with King County for the relocation of the Metro sanitary sewer main
for the M Street SE Underpass project.
The relocation of the line is included in the design of the project construction. The
agreement will obligate the City to construct the relocated sewer main and King
County to pay for its relocation. The agreement is beneficial to the City as it will
eliminate a separate contractor for the relocation work.
E. Resolution No. 4763 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington, relating
to the amendment of the 2009, 2010 and 2011 Annual Action Plan updates
of the Consolidated Plan
Community Services Manager Hursh stated the proposed amendment to the
2009, 2010 and 2011 Action Plans will re-allocate approximately $60,000 of
unused Community Development Block Grant funds. Planned projects include
Page 4 of 6
FN.1
$50,000 for construction of Terry Home II and $10,000 for rehabilitation of City-
owned transitional housing.
F. Resolution No. 4764 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington,
adopting the 2012 Community Development Block Grant Action Plan for the
Consolidated Plan for years 2010 to 2014
Community Services Manager Hursh stated the preparation of an annual action
plan is required by the U.S. Department of Housing and Urban Development
(HUD) in order for the City to receive federal funds under the CDBG program. The
City’s 2012 CDBG allocation is anticipated to be approximately $400,000.
G. Resolution No. 4765 (Snyder)
Memorandum of Agreement and Option Agreement with Ceradimm LLC
Resolution No. 4765 would replace and supersede the Master Development
Agreement approved by Resolution No. 4663. Recently, Alpert International LLLP
combined its operations with Ceradimm, LLC so the execution of the
Memorandum of Agreement and/or option to Purchase Real Property would occur
with Ceradimm, LLC, of which Spencer Alpert is a member.
Planning and Development Director Snyder stated that staff continue to work on
additional language relating to right of first refusal, which will be included in the
final form presented to the full Council at a future date.
H. Resolution No. 4766 (Snyder)
Exclusive Agency Listing Agreement with Jones Lang LaSalle Americas,
Inc.
Planning and Development Director Snyder explained that Jones Lang LaSalle
will provide professional real estate brokerage services to assist the City in
marketing and negotiating for lease or sale of City-owned properties for
commercial and/or residential land uses. The Resolution will be presented to the
full Council for approval at a future date.
I. Resolution No. 4774
A Resolution of the City Council of the City of Auburn, Washington,
declaring an emergency with respect to repair of the roof of the Mountain
View Cemetery building structure at 2020 Mountain View Drive, Auburn,
WA 98001
Risk Manager Roscoe reported that the cemetery building roof is leaking, and
immediate repairs are needed to prevent further damage to the structure.
Previous attempts to repair the roof have not been successful. The cost of the
roof replacement is $42,000. Resolution No. 4774 declares an emergency as it is
crucial that the building's roof be repaired as soon as possible to prevent further
damage.
V. ADJOURNMENT
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FN.1
There being no further business to come before the Committee, the meeting adjourned
at 6:54 p.m.
APPROVED the _____ day of November, 2011.
______________________________ ________________________________
Nancy Backus, Chair Danielle Daskam, City Clerk
Page 6 of 6
FN.1
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 7, 2011 City Council Minutes
Date:
November 15, 2011
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:November 21, 2011 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A
City Council Meeting
November 7, 2011 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in
attendance in the Pledge of Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Sue Singer, Nancy Backus, Bill Peloza,
Lynn Norman, Virginia Haugen, and John Partridge.
Department Directors and staff members present: Public Works Director Dennis
Dowdy, City Attorney Daniel B. Heid, Risk Manager Rob Roscoe, Police
Commander David Colglazier, Finance Director Shelley Coleman, Planning and
Development Director Kevin Snyder, Principal Planner Jeff Dixon,
Project/Construction Manager Steve Burke, Resource Conservation Manager
Deke Jones, City Engineer Dennis Selle, Traffic Engineer Pablo Para, Parks, Arts
and Recreation Director Daryl Faber, Community Services Manager Michael
Hursh, and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Little Wolves Pack No. 432 Lakeland Hills
Mayor Lewis and the City Council recognized members of Little Wolves Pack
No. 432 in attendance this evening.
2. Proclamation - “Entrepreneurship Week”
Mayor Lewis read and presented a proclamation declaring November 14-20,
2011 at "Entrepreneurship Week" in the city of Auburn to Auburn
Mountainview High School DECA representatives Caroline Ohashi and
Mariah Earle. DECA students Ohashi and Earle spoke of events being held
throughout the week which will target all age groups and promote
entrepreneurship.
3. Proclamation - "National American Indian Heritage Month"
Mayor Lewis read and presented a proclamation declaring November as
National American Indian Heritage Month in the city of Auburn to Hilda
Meryhew. Mayor Lewis urged all citizens to recognize the important
contributions the American Indian people have made to our country and our
Page 1 of 11
CA.A
communities.
As a representative of the Daughters of the American Revolution (DAR), Ms.
Meryhew spoke briefly regarding DAR’s respect and support for Native
American customs and traditions. Ms. Meryhew also spoke regarding the
DAR’s scholarship program and its support of Native American students.
4. Resource Management Program (Heineman)
Puget Sound Energy to recognize success of City of Auburn Resource
Management Program
Puget Sound Energy Resource Program Manager Ben Rupert and Puget
Sound Energy Community Services representative Doug Corbin presented
the City with a $14,000 incentive check in recognition of the City’s efforts in
its first year of a resource conservation program. Mr. Rupert reported that the
City’s Resource Conservation program has already saved the City over
$30,000 in Puget Sound Energy resource expenses. He congratulated the
City, particularly Project/Construction Manager Steve Burke and Resource
Conservation Manager Deke Jones for the implementation and
accomplishments of the program.
D. Agenda Modifications
A revised Museum Services Agreement was transmitted for Resolution No. 4757
and Resolution No. 4774 was added to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2011 Annual Action Plan Amendment (Norman/Hursh)
City Council conduct a public hearing on the proposed Community
Development Block Grant (CDBG) reallocation to its 2009, 2010 and
2011 Annual Action Plan
Community Services Manager Michael Hursh reviewed the proposed
amendments to the 2009, 2010 and 2011 Action Plans which will re-allocate
approximately $60,000 of unused Community Development Block Grant
funds. Planned projects include $50,000 for construction of Terry Home II
and $10,000 for rehabilitation of City-owned transitional housing.
Mayor Lewis opened the public hearing at 7:50 p.m. No one requested to
speak regarding the Action Plan amendments, and the hearing was closed.
2. 2012 Community Development Block Grant Annual Action Plan
(Norman/Hursh)
City Council to conduct a public hearing on the proposed 2012
Community Development Block Grant (CDBG) Annual Action Plan
Community Services Manager Hursh briefly spoke regarding the 2011
Annual Action Plan. The preparation of an annual action plan is required by
Page 2 of 11
CA.A
the U.S. Department of Housing and Urban Development (HUD) in order for
the City to receive federal funds under the CDBG program. The City’s 2012
CDBG allocation is anticipated to be approximately $400,000. A public
hearing is required by HUD to gather public input about the proposed 2011
Action Plan section of the City’s Consolidated Housing and Community
Development Plan.
Mayor Lewis opened the public hearing at 7:51 p.m. There being no public
comment, the hearing was closed.
3. Development Agreement with Auburn Properties Inc. Related to the
Auburn Gateway Project (Norman/Snyder)
City Council conduct a public hearing on Development Agreement
between the City of Auburn and the Robertson Properties Group (aka
Auburn Properties) for the development of the Auburn Gateway Project
Principal Planner Jeff Dixon explained that the City Council is conducting a
public hearing and collecting input on the proposed development agreement
between the City and Auburn Properties Inc. (also known as Robertson
Properties Group), the owner of the Valley Six Drive-in theaters and adjacent
properties, to redevelop their property with retail, office, and upper story
multi-family residential uses. The future development, known as the Auburn
Gateway, consists of approximately 70 acres located east of Auburn Way
North, west of the extension of I Street NE, south of South 277th Street, and
North of 45th Street NE.
Mr. Dixon explained that a development agreement is a voluntary contract
between the City and a property owner for the purpose of specifying the
standards and conditions that will govern development of the property for the
term of the agreement.
The Development Agreement with Auburn Properties is one of two remaining
development agreements authorized under the former Auburn City Code
Chapter 14.21, which sets out the City’s requirements for development
agreements and to which these projects are vested. More specifically,
Section ACC 14.21.010.B provides four criteria that the City Council must
find that the proposal meets in whole or in part for approval.
Development Agreements are authorized under state law, RCW 36.70B and
this law provides that a public hearing must be conducted prior to a decision.
The required public notice of the hearing was accomplished by publishing the
in newspaper, posting the site and mailing notices to nearby property
owners.
Mr. Dixon stated that after the public hearing tonight, it is anticipated that
Resolution No. 4756 on the development agreement will be brought back to
the City Council for action at a subsequent meeting when the proposed
development agreement and planned action ordinance can be considered
Page 3 of 11
CA.A
together.
City Attorney Heid explained that the Council’s consideration of the
Development Agreement is a quasi-judicial matter. City Attorney Heid
instructed that if a Councilmember has been approached regarding the
agreement outside the official hearing process, it would be appropriate to
disclose the contact.
Councilmember Haugen inquired whether the development will affect the
road surfaces in the north end of the city. Public Works Director Dowdy
stated that the project will be providing some improvements for future
capacity related to the development.
Councilmember Wagner disclosed that he was approached by a reporter for
the local newspaper and asked about some of the details of the proposed
agreement. Councilmember Wagner reported that he provided the reporter
with information that is already available publicly.
Mayor Lewis opened the hearing at 7:57 p.m.
John Manavian, representing Auburn Properties Inc., spoke in favor of the
Development Agreement, and thanked staff and Council for their time and
effort.
There being no further testimony, the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
Sam Ball, Director of Capital Projects at Green River Community College, spoke
in favor of Resolution No. 4762, and thanked the Council for their time and efforts
related to the exchange of property between the City and the State of
Washington.
Frank Lonergan, 1415 3rd Street SE in Auburn
Mr. Lonergan spoke regarding the Auburn Properties’ development
agreement. He expressed concern that there was not sufficient time to review the
latest updated information submitted by the developer. Mr. Lonergan also spoke
against Resolution Nos. 4762 and 4768 and Resolution No. 4767 (not on the
Council agenda but discussed at the Finance Committee meeting).
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
Page 4 of 11
CA.A
A. Municipal Services
Chair Peloza reported the Municipal Services Committee held a special meeting
on October 20, 2011 to discuss fireworks. The Municipal Services Committee
met in regular session on October 24, 2011. The Committee discussed Project
No. MS1110, the Jacobsen Tree Farm and Fields Residential Buildings
Demolition Project, an agreement with the White River Valley Historical Society,
animal control and licensing, Auburn Manor Mobile Home Park utility billing, golf
course working capital, and red light photo enforcement. The next regular meeting
of the Municipal Services Committee is scheduled for November 14, 2011 at 3:00
p.m.
B. Planning & Community Development
Chair Norman reported the Planning and Community Development Committee
met October 24, 2011. The Committee received an update from the Hearing
Examiner and reviewed Resolution No. 4763 amending the 2009, 2010 and 2011
Annual Action Plans, Resolution No. 4764 relating to the 2012 Annual Action Plan,
Resolution No. 4757 approving a museum services agreement, Resolution No.
4765 relating to a memorandum of agreement with Ceradimm, LLC, and
Resolution No. 4766 relating to an exclusive agency listing agreement with Jones
Lang LaSalle. The Committee also discussed an agreement to exchange
property with Green River Community College, Ordinance No. 6379 relating to
budget amendments, the downtown parking management study, Resolution No.
4755 regarding a petition for street vacation, Community Services Division work
efforts, and cluster subdivisions. The next regular meeting of the Planning and
Community Development Committee is scheduled for November 14, 2011 at 5:30
p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at
3:30. The Committee discussed several items that appear on this evening’s
Consent Agenda, including Public Works Project No. CP0909, the Academy
Booster Pump Station Project; a consulting services agreement with CH2M Hill
related to Project No. C201A; and the final pay estimate for Project No. C507B,
the Auburn/Pacific Trail Project. The Committee reviewed Resolution No. 4682
authorizing an agreement with King County for the relocation of their sewer line
required for the M Street Underpass Project and Resolution No. 4755 setting a
public hearing for the potential vacation of a portion of 8th Street NE. The
Committee also discussed Resolution No. 4768 relating to Initiative 1183,
Ordinance No. 6378 relating to a budget amendment, utility depreciation funding
policy, emergency roof repairs for the Cemetery building, Resolution Nos. 4765
and 4766, and capital projects. The next regular meeting of the Public Works
Committee is scheduled for November 21, 2011.
D. Finance
Chair Backus reported the Finance Committee met this evening at 6:00. The
Page 5 of 11
CA.A
Committee approved claims and payroll vouchers, including claims payments to
Buno Construction in the amount of $303,496.99, CH2M Hill in the amount of
$163,960.52, Puget Sound Energy in the amount of $137,903.97, RW Scott
Construction in the amount of $964,127.96, and Technical Systems, Inc., in the
amount of $145,395.01. The Committee also reviewed Resolution No. 4762
related to an exchange of property between the City and the State and Resolution
No. 4768 relating to Initiative 1183. The Committee also discussed Ordinance No.
6378 amending the biennial budget, Ordinance No. 6380 setting the property tax
levy, Resolution No. 4767 authorizing an agreement with the Auburn Area
Chamber of Commerce, Resolution No. 4682 authorizing an interagency
agreement with King County, Resolution No. 4763 amending the Annual Action
Plans, Resolution No. 4764 approving the 2012 Annual Action Plan, Resolution
No. 4765 authorizing a Memorandum of Agreement with Ceradimm LLC,
Resolution No. 4766 approving an exclusive listing agreement with Jones Lang
LaSalle, and Resolution No. 4774 regarding emergency repairs to the Cemetery
building. The Committee also briefly discussed utility billing. The next regular
meeting of the Finance Committee is scheduled for November 21, 2011.
E. Les Gove Community Campus
The Les Gove Community Campus Committee has not met since the last Council
meeting.
F. Downtown Redevelopment
Chair Norman reported the Downtown Redevelopment Committee met October
25, 2011. The Committee discussed the North City Hall Plaza Improvement
Project design alternatives, including upgrading plaza pavement, updating the
ADA ramp railing and lighting, City Hall signage, and site furnishings. The next
meeting of the Downtown Redevelopment Committee is scheduled for November
22, 2011.
G. Council Operations Committee
The Council Operations Committee has not met since the last Council meeting.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
organizations.
A. From the Council
Deputy Mayor Singer reported on her work with Auburn Tourism Board. Deputy
Mayor Singer pointed out that the Tourism Board funding is derived from the
hotel/motel tax, which the hotel owners in the city requested the City impose on
them. Deputy Mayor Singer also reported on her attendance at the Economic
Development District Board meeting in Seattle and the Sister Cities Association
annual meeting.
Page 6 of 11
CA.A
Councilmember Partridge reported that he attended a meeting of the Auburn
Valley Humane Society Board where City of Auburn Human Resources Director
Heineman presented an update on the progress of the animal shelter
facility. Councilmember Partridge reminded that the Auburn Valley Humane
Society will be holding an open house at the shelter facility at 4910 A Street SE
this Sunday from 1:00 to 3:00 p.m.
Councilmember Norman commented on the success of the Veterans Day Parade
and reported that she learned that the City's Veterans Day Parade appeared on
the news program in Honolulu, Hawaii.
Councilmember Backus reported on her attendance at the Valley Regional Fire
Authority special budget meeting, a memorial service for Cameron Christian, the
White River Museum Halloween Ball, the Auburn Food Bank fund raising
breakfast, and the Veterans Day Parade and services.
Councilmember Peloza reminded that the National League of Cities (NLC) offers a
free prescription discount program that is available to City of Auburn residents.
Auburn is ranked fifteenth among the top twenty cities in the United States for
prescription savings. Councilmember Peloza also reported on his attendance at
the King County Water Pollution Abatement Advisory Committee meeting, the
Water Resource Inventory Area (WRIA) 9 meeting, the Cities and Schools Forum,
the Airport Advisory Board meeting, the ACAP fund raiser, Senior Center
volunteers luncheon, the Sister Cities Association meeting, and Veterans Day
activities.
Councilmember Haugen reported that she attended the memorial service for
Cameron Christian and the Veterans Day Parade.
B. From the Mayor
Mayor Lewis spoke regarding the annual Veterans Day Parade and activities and
his work to assist veterans returning from war. Mayor Lewis commented on the
local economy and noted recent gains in jobs and businesses in Auburn, as well
as higher rates of sale for new and used houses. Mayor Lewis also reported on
his attendance at the Auburn Food Bank fund raising breakfast and the memorial
service for Cameron Christian.
V. CONSENT AGENDA
A. Minutes of the October 17, 2011 Council Meeting
B. Claims Vouchers (Backus/Coleman)
Claims check numbers 408466 through 408916 in the amount of $3,312,613.37
and dated November 7, 2011.
C. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532309 to 532356 in the amount of $279,199,03
and electronic deposit transmissions in the amount of $1,206,571.74 for a
Page 7 of 11
CA.A
grand total of $1,485,770.77 for the pay period covering October 13, 2011
to November 2, 2011.
D. Public Works Project No. MS1110 (Peloza/Dowdy)
City Council award Small Works Contract No. 11-21, to SkyCorp, Ltd. on
their low bid of $75,698.00 plus Washington State sales tax of $7,191.31 for
a total contract price of $82,889.31 for Project No. MS1110, Jacobsen Tree
Farm and Fields Residential Buildings Demolition Project
E. Call for Public Hearing (Backus/Coleman)
City Council call for a public hearing to be held November 21, 2011 to
receive public comments and suggestions with regard to the proposed mid-
biennial modifications to the 2011-2012 Adopted Biennial Budget.
F. Public Works Project No. C201A (Wagner/Dowdy)
City Council grant permission to enter into Supplemental Agreement No. 6
to Consultant Agreement No. AG-C-344 with CH2M Hill, Inc. for
construction management, administration, inspection, survey, and
engineering for Project No. C201A, M Street SE Underpass
G. Public Works Project No. C507B (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 5 to Contract No. 11-03 in the
amount of $2,059.80 with Pacific Northwest Earthworks LLC and accept
construction of Project No. C507B, Auburn / Pacific Trail - Skinner Rd/3rd
Ave SE
H. Public Works Project No. CP0909 (Wagner/Dowdy)
City Council grant permission to advertise for bids for Project No. CP0909,
Academy Booster Pump Station Project
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the Consent Agenda.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
VI. UNFINISHED BUSINESS
There was no unfinished business.
VII. NEW BUSINESS
There was no new business for Council consideration.
VIII. RESOLUTIONS
A. Resolution No. 4682 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute an Interagency Agreement with King
County for the purpose of constructing a relocated King County sanitary
sewer line for the M Street Underpass Project (C201A)
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Page 8 of 11
CA.A
Resolution No. 4682.
Resolution No. 4682 authorizes an agreement with King County to relocate their
sanitary sewer line required by the M Street Underpass Project.
In response to questions from Councilmember Haugen, Public Works Director
Dowdy stated that the M Street Underpass Project is fully funded, and the total
project cost is approximately $21 million.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
B. Resolution No. 4755 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
receiving a petition for vacation and setting a public hearing to consider the
vacation of 8th Street NE, west of A Street NE, within the City of Auburn,
Washington
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4755.
MOTION CARRIED UNANIMOUSLY. 7-0.
C. Resolution No. 4757 (Norman/Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute the Museum Services
Agreement between the City of Auburn and the White River Valley
Historical Society
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4757.
Resolution No. 4757 relates to an agreement between the City and the White
River Valley Historical Society that has existed for over twenty years. The new
agreement extends the partnership and incorporates Mary Olson Farm.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 4762 (Backus/Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
declaring certain City property as surplus, and authorizing the Mayor and
City Clerk to execute agreements between the City of Auburn and the State
of Washington for an exchange of property and for joint use and
maintenance of property
Councilmember Backus moved and Councilmember Norman seconded to adopt
Resolution No. 4762.
The resolution authorizes an exchange of property between the City and the State
for property located near Green River Community College.
Page 9 of 11
CA.A
Councilmember Haugen expressed concern regarding the use of the property by
Green River Community College and its impact on the neighboring residential
area.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
E. Resolution No. 4763 (Norman/Hursh)
A Resolution of the City Council of the City of Auburn, Washington, relating
to the amendment of the 2009, 2010 and 2011 Annual Action Plan updates
of the Consolidated Plan
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4763.
MOTION CARRIED UNANIMOUSLY. 7-0.
F. Resolution No. 4764 (Norman/Hursh)
A Resolution of the City Council of the City of Auburn, Washington,
adopting the 2012 Community Development Block Grant Action Plan for the
Consolidated Plan for years 2010 to 2014
Councilmember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 4764.
MOTION CARRIED UNANIMOUSLY. 7-0.
G. Resolution No. 4768 (Backus/Heid)
A Resolution of the City Council of the City of Auburn, Washington,
supporting Initiative 1183 concerning liquor: beer, wine, and spirits (hard
liquor)Initiative Measure No. 1183 concerns liquor: beer, wine, and spirits
(hard liquor).This measure would close state liquor stores and sell their
assets; license private parties to sell and distribute spirits; set license fees
based on sales; regulate licensees; and change regulation of wine
distribution.
Councilmember Backus moved and Councilmember Norman seconded to adopt
Resolution No. 4768.
Mayor Lewis offered an opportunity for members of the audience to express an
opposing view. No one from the audience requested to address the Council.
Councilmember Backus stated that the passage of Initiative 1183 will ensure that
the cities continue to receive taxes from the sale of liquor. The Governor has
identified in her proposed budget amendment that the cities will lose their funding
from liquor sales if Initiative 1183 fails.
Councilmember Haugen spoke against Resolution No. 4768.
Page 10 of 11
CA.A
In response to questions from Councilmember Partridge, Mayor Lewis reported
that if Initiative 1183 fails, the City will lose approximately $900,000 in tax revenue
from the sale of liquor.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
H. Resolution No. 4774
A Resolution of the City Council of the City of Auburn, Washington,
declaring an emergency with respect to repair of the roof of the Mountain
View Cemetery building structure at 2020 Mountain View Drive, Auburn,
WA 98001
Councilmember Wagner moved and Councilmember Peloza seconded to adopt
Resolution No. 4774.
Councilmember Wagner stated that staff have attempted to repair the roof;
however, the repairs have not been successful.
In response to a question from Councilmember Partridge, City Attorney Heid
stated that the project is considered an emergency because the leaking roof
threatens the integrity of the building. The City does not have time to put the job
out for bid as it is crucial that the building’s roof be repaired as soon as possible to
prevent further damage.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:54 p.m.
APPROVED the _____ day of November, 2011.
________________________________ ________________________________
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
Page 11 of 11
CA.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
September 15, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Coleman
Meeting Date:November 21, 2011 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
September 15, 2011
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:November 21, 2011 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Annual On-Call Professional Services
Date:
November 15, 2011
Department:
Public Works
Attachments:
On-Call Services and Consulting
Contracts List
Budget Impact:
$0
Administrative Recommendation:
City Council approve the Annual On-Call Professional Service Agreements and
Amendments for 2012.
Background Summary:
The annual on-all agreements are used to supplement the City's staff resources or to
perform specialized services not available within the City. Having these resources
available provides the City with the flexibility to complete small tasks or project in an
efficient and timely manner as they are needed through out the year.
Each agreement is written to provide the total "Not to Exceed" amount for the year,
however, actual expenditures under each agreement are authorized by the City through
specific Task Orders. Each Task Order provides a specific Scope of Work, Schedule,
and Budget for the work to be completed by the consultant. In addition, the Budget for
each Task Order must be available in the City's current budget either through
professional services or associated capital project budgets prior to approval of the Task
Order.
Attached is a list of the agreements and their proposed amendments for 2012 including
each agreements "Not to Exceed" amount. The majority of the agreements require a
time extension only as there is sufficient balance remaining in the current agreements to
carry out anticipated 2012 work.
A3.16.9
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 21, 2011 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D
Professional ServicesContract NumberFirm Name 2011
Expenditures
2011 Remaining
Balance
Proposed 2012
Amendment
Amount
Proposed 2012
Total Contract
Amount
Geotechnical Engineering
The consultant performs geotechnical investigations as needed.AG-C-356Terracon Consultants $0$23,436$0 $23,436
Land Survey
The Land Survey consultant may perform topographic, design, construction and
boundary surveys as necessary to supplement the City survey Crew.
AG-C-358Parametrix $0$26,107$0 $26,107
Wetland and Environmental
The wetland and environmental services provided by the consultant may include
environmental permitting, wetland delineation, wetland mitigation development and
wetland system monitoring.
AG-C-355The Watershed Company $8,959$9,376$20,624 $30,000
Landscape Architecture
The consultant may provide services related to the planning and construction for
park facility projects and/or Public Works projects as necessary.
AG-C-357Robert W. Droll Landscape Architects $0$30,000$0 $30,000
Transportation Modeling
The consultant may provide modeling services related to planning and design for
the City's transporation systems that may be related to both capital and
development projects as well as general system needs.
NewFehr and Peers $0$0$20,000 $20,000
NPDES Support
This consultant provides support as requested by the City for implmentation and
reporting required by the City's NPDES Phase 2 Permit.
AG-C-398Brown and Caldwell $5,505$14,495$50,000 $64,495
Water Modeling
The consultant may provide modeling services related to planning and design for
the City's water system that may be related to both capital and development
projects as well as general system needs.
AG-C-363Carollo Engineers $0$90,667$60,000 $150,667
Sanitary Sewer and Storm Water Modeling
The consultant may provide modeling services related to planning and design for
the City's sanitary sewer and storm drainage systems that may be related to both
capital and development projects as well as general system needs.
AG-C-362Brown and Caldwell $188,298$43,650$100,000 $143,650
Services Contract NumberFirm Name 2011
Expenditures
2011 Remaining
Balance
Proposed 2012
Amendment
Amount
Proposed 2012
Total Contract
Amount
Appraisal and Appraisal Review
These consultants provide appraisal services for property and right-of-way
valuation for all departments within the City. Where necessary, the consultants
may also provide appraisal review services.
New
New
The Granger Company
Appraisal Group of the Northwest $0$0 $25,000
$25,000
$25,000
$25,000
Wetland Invasive Species Maintenance
Perform spraying of invasive species in and adjacent to wetland areas. Potential
areas for spray treatments include the Mohawk Plastics Wetland Mitigation site,
the S. 277 th St Reconstruction Wetland Mitigation sites, the Auburn Environmental
Park and the Inter-Urban Trail.
NewNorthwest Aquatic Eco-Systems $0$0$30,000$30,000
City of Auburn
On-Call Service and Consulting Contracts
The City currently engages in several On-Call Annual Professional Service and Service Contracts for a variety of purposes. These services are used to supplement the existing City resources when necessary, and to
improve the City's timeliness and flexibil
Annual Consultant Summary.xlsCA.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1005
Date:
November 16, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 3 in the amount of $102,250.00 to Contract No.
11-08 for work on Project No. CP1005 South Division Street Promenade
Background Summary:
Theproject includes the reconstruction of South Division Street between E/W Main St
and 3rd St SE/SW including constructing approximately 1,300 LF of new asphalt,
cement concrete, and pervious concrete roadway pavements, installing cement concrete
and concrete unit paver sidewalks, street trees, landscaping and irrigation, street
furniture, pedestrian and street lighting, City-owned fiber conduits, aesthetic treatments
at the intersections of Main Street/South Division Street, 1st St/South Division Street,
and 2nd St/South Division Street, constructing a gateway arch, and installing a new
decorative traffic signal at the intersection of Main Street/South Division Street. In
addition, the project has constructed approximately 1,500 LF of sanitary sewer lines,
1,200 LF of water mains, 900 LF of storm drainage improvements, including 705 LF of a
storm detention facility and approximately 4,700 SY of infiltration area. The project has
also coordinated with private utilities regarding undergrounding of power facilities and
relocating gas facilities.
Change order #3 covers related costs to remove an approximate 8,300 gallon
abandoned underground storage tank found within the right-of-way, including costs for
soil sampling and laboratory testing, costs for the associated petroleum contaminated
soil remediation work, and costs for all regulatory reporting. The tank was located on the
east side of South Division Street, approximately 170 feet south of Main Street within the
road right-of-way.
Project construction began in June 2011 and is anticipated to be complete by February
2012.
A project increase of $102,250.00 within the Local Revitalization Fund (LRF) will be
AUBURN * MORE THAN YOU IMAGINEDCA.E
necessary, however it will not require a budget adjustment since it is anticipated that the
budgeted expenditures in the LRF will not be exceeded this year.
O4.9.1 CP1005
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 21, 2011 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E
1 of 1
Project No: CP1005Project Title:
Project Manager: Ryan L Vondrak
Consultant Agreement
Initiation Date: April 14, 2010 Project Update
Advertisement Date: February 22, 2011 Contract Award
Award Date: May 16, 2011 Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 2012 Total
Local Revitalization Funds (LR) - Bonds644,8553,656,0244,300,879
EDA Grant 395,2342,604,7663,000,000
Total 01,040,0896,260,79007,300,879
Activity Prior Years 20102011 2012 Total
Design Engineering - City Costs 65,34853,393118,741
Design Engineering - Consultant Costs974,74180,7251,055,466
Design - Legal 118,215118,215
Construction Contract Bid 3,994,911100,0004,094,911
Change Order #1 34,96934,969
Change Order #2 92,57492,574
Change Order #3 102,250102,250
PSE (Power and Gas) Costs 350,102350,102
Authorized Contingency (5%)77,20377,203
Construction Engineering - City Costs 180,00020,000200,000
Construction Engineering - Consultant (Arch)64,10064,100
Construction Engineering - Consultant Costs 42,51938,70281,221
Total 01,040,0895,190,961158,7026,389,752
Prior Years 20102011 2012 Total
*LR Funds Budgeted ( )0(644,855)(3,656,024)0(4,300,879)
LR Funds Needed 0644,8553,526,11698,3954,269,366
*LR Fund Project Contingency ( )00(129,908)0(31,513)
LR Funds Required 00098,3950
Prior Years 20102011 2012 Total
*EDA Funds Budgeted ( )0(395,234)(2,604,766)0(3,000,000)
EDA Funds Needed**0395,2341,664,84560,3072,120,386
*EDA Fund Project Contingency ( )00(939,921)0(879,614)
EDA Funds Required 00060,3070
* ( # ) in the Budget Status Sections indicates Money the City has available.
** Assumes the City receiving 38% of the total eligible project costs.
Funds Budgeted (Funds Available)
LR Funds Budget Status
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
South Division Street Promenade project
Date: November 14, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
EDA Funds Budget Status
CA.E
CA.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP0756
Date:
November 15, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 4 to Contract No. 11-02 in the amount of
$78,549.44 for a total contract price of $486,927.14 with Hoffman Construction, Inc. and
accept construction of Project No. CP0756 Lea Hill Pump Stations Decommissioning
Phase 2.
Background Summary:
This project decommissioned the White Mountain Trails and Rainier Shadows sewer lift
stations, and replaced existing force main sewer lines with new gravity lines. The new
lines were connected to the new sewer pump station constructed by the Verdana
development, located within Kent's jurisdiction on Lea Hill.
Phase 1 installed new gravity sewer lines in 124th Avenue SE and SE 304th Street.
Phase 2 installed a gravity sewer line in 118th Avenue SE and connected the new lines
to the new Verdana pump station and decommissioned the White Mountain Trails and
Rainier Shadows pump stations.
The total phase 2 costs were $527,333. The total amount budgeted for the project is
$706,105, of which $390,000 is budgeted from bond proceeds, $16,800 is budgeted
from the 432 Storm Repair and Replacement fund (to pay for emergency storm drain
repair work completed during the project construction), $79,700 is budgeted from the
431 Sewer Fund, and $219,605 is budgeted from the 431 Sewer Repair and
Replacement Fund. A project contingency of $178,772 remains in the 431 Sewer Repair
and Replacement Fund.
O4.6.3 CP0756
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
AUBURN * MORE THAN YOU IMAGINEDCA.F
Meeting Date:November 21, 2011 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F
Project No: CP0756
Project Title: Lea Hill Pump Stations Decommissioning Phase 2
Project Manager: Jacob Sweeting
Project Initiation
Initiation Date: 4/13/2007 (Phases 1 and 2) Permision to Advertise
Advertisement Date: 5/24/2011 Contract Award
Award Date: 6/20/2011 Change Order Approval
Contract Final Acceptance
Funding
Prior Years
(Actual)20112012 Future Years Total
431 Fund 2,40577,295 79,700
431 Fund Bond Proceeds 390,000 390,000
431 Fund Repair and Replacement 219,605 219,605
432 Fund Repair and Replacement 16,800
Total2,405703,70000689,305
** Part of the Sanitary Sewer Facilities Improvement Program
*** Part of the Sanitary Sewer Expansion Program
Activity
Prior Years
(Actual)20112012 Future Years Total
Design Engineering - City Costs2,40518,000 20,405
Construction Contract Bid 546,281 546,281
BUDGET STATUS SHEET
Date: November 8, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
Line Item Changes (59,353)(59,353)
Construction Engineering - City Costs 20,000 20,000
Total 2,405524,92800527,333
Prior Years
(Actual)20112012 Future Years Total
*431 Funds Budgeted ( )(2,405)(686,900)00(689,305)
431 Funds Needed 2,405508,12800510,533
*431 Fund Project Contingency ( )(178,772)(178,772)
431 Funds Required
Prior Years
(Actual)20112012 Future Years Total
*432 Funds Budgeted ( )0(16,800)00(16,800)
432 Funds Needed 16,8000016,800
*432 Fund Project Contingency ( )00
432 Funds Required
* ( # ) in the Budget Status Sections indicates Money the City has available.
432 Storm Budget Status
431 Sewer Budget Status
CA.F
CA.F
CA.F
CA.F
W0620-4CCA.F
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1121
Date:
November 15, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP1121 2011 Local
Street Pavement Reconstruction Phase 2.
Background Summary:
The 2011 Local Street Pavement Reconstruction Project - Phase 2 is the second and
final phase of the 2011 Save Our Street (SOS) program. This project will reconstruct 0.5
miles of local streets and overlay 0.1 miles of local streets as shown on the attached
map. This work is funded by the 103 (Local Street) Fund.
This project will also replace undersized water mains; upgrade storm drainage lines; and
replace a damaged sanitary sewer line as shown on the attached map. This work will be
funded by the respective utility funds.
Advertising for bids for this project is anticipated to begin in November 2011.
Construction of this project is anticipated to begin in March 2012 and be complete by
August 2012.
A project budget contingency of $15,150 remains in the 103 (Local Street) Fund.
A project increase of $46,237 within the 430 (Water) Fund will be necessary, however it
will not require a budget adjustment since it is anticipated that the budgeted
expenditures in the 430 Fund will not be exceeded this year.
A project budget contingency of $41,500 remains in the 431 (Sewer) Fund.
A project budget contingency of $73,400 remains in the 432 (Storm) Fund.
O4.9.1 CP1121
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDCA.G
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 21, 2011 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G
Project No: CP1121Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _December 6, 2010_______ Permission to Advertise
Solicitation Date: ____________________ Contract Award
Award Date: _______________________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20102011 2012 Total
103 Fund - Local Street Pavement Preservation 1,018,1501,018,150
430 Fund - Water
(Funds Budgeted for Street Utility Improvements)100,000100,000
430 Fund - Water
(Remaining Funds Budgeted for CP1002)149,163149,163
431 Fund - Sewer
(Funds Budgeted for Street Utility Improvements)115,000115,000
432 Fund - Storm
(Funds Budgeted for CP1121)425,400425,400
Total 001,807,71301,807,713
ActivityPrior Years20102011 2012 Total
Design Engineer - City Costs*15,400 15,400
Construction Estimate 1,535,000 1,535,000
Project Contigency (10%)153,500 153,500
Construction Engineering - City Costs*20,000 20,000
Total 0015,4001,708,5001,723,900
*City staff costs for street design and construction are not charged against the project budget and are not shown here.
Prior Years 20102011 2012 Total
**103 Funds Budgeted ( )00(1,018,150)0(1,018,150)
103 Funds Needed 0001,003,0001,003,000
*103 Fund Project Contingency ( )00(1,018,150)0(15,150)
103 Funds Required 0001,003,0000
Prior Years 20092010 Future Years Total
**430 Funds Budgeted ( )00(249,163)0(249,163)
430 Funds Needed 001,400294,000295,400
**430 Fund Project Contingency ( )00(247,763)00
430 Funds Required 0 0 0 294,000 46,237
Prior Years 20092010 Future Years Total
**431 Funds Budgeted ( )00(115,000)0(115,000)
431 Funds Needed 00073,50073,500
**431 Fund Project Contingency ( )00(115,000)0(41,500)
431 Funds Required 0 0 0 73,500 0
Prior Years 20092010 Future Years Total
**432 Funds Budgeted ( )00(425,400)0(425,400)
432 Funds Needed 0014,000338,000352,000
**432 Fund Project Contingency ( )00(411,400)0(73,400)
432 Funds Required 0 0 0 338,000 0
** ( # ) in the Budget Status Sections indicates money the City has available.
432 Storm Budget Status
BUDGET STATUS SHEET
2011 Local Street Pavement Reconstruction - Phase 2
Date: November 14, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
431 Sewer Budget Status
103 Local Street Budget Status
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
430 Water Budget Status
CA.G
CA.G
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6380
Date:
November 15, 2011
Department:
Finance
Attachments:
memo
Ordinance No. 6380
Budget Impact:
$14,874,840
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6380.
Background Summary:
Property taxes must be established each year based upon information provided by the King
County and Pierce County Department of Assessments. Property taxes can be increased
by up to 1.0% under State law, not including property taxes on new construction.
Ordinance No. 6380 establishes the 2012 property tax levy at $14,874,840. This levy is
based on the 2011 property tax levy of $14,595,036 and includes a 1.0% increase
($145,590) and property taxes on new construction ($133,854).
Consistent with current City policy, $2.0 million of the total 2012 Property Tax Levy will be
distributed to the Local Street Fund in support of the Save Our Streets program. The
remaining $12,874,840, less 2% for uncollected, will be distributed to the General Fund to
support general governmental operations.
For further information, refer to the attached transmittal memorandum.
F3.23
Reviewed by Council Committees:
Finance
Councilmember:Backus Staff:Coleman
Meeting Date:November 21, 2011 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: November 7, 2011
Re: 2012 Property Tax Ordinance No. 6380
Attached is proposed Ordinance No. 6380, establishing the 2012 Property Tax Levy. The 2012 Property Tax
Levy represents a 1% increase over the 2011 levy, as allowed under State law and also includes property
taxes on new construction of $133,854. The following table summarizes the 2012 Property Tax levy:
Table 1: 2012 Property Tax Levy Calculations
Amount
2011 Property Tax Levy $ 14,595,036
Add: 1.0% 145,950
Add: Property tax on new
construction
133,854
Total $14,874,840
Consistent with current City policy, $2.0 million of the total 2012 Property Tax Levy will be distributed to the
Local Street Fund in support of the Save Our Streets program. The remaining $12,874,840, less 2% for
uncollected, will be distributed to the General Fund to support general governmental operations.
Attachments:
1. Ordinance No. 6380
ORD.A
ORDINANCE NO. 6380
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE LEVY OF
REGULARPROPERTY TAXES BY THECITY OF AUBURN FOR
COLLECTION IN 2012
WHEREAS, the City Council of the City of Auburn has met and
considered its budget for the calendar year 2012; and
WHEREAS, pursuant to RCW 84.55.120 the City Council held public
hearings on October 17, 2011 and November 21, 2011 after proper notice was
given, to consider theCity of Auburn's 2012 budget and the regular property
tax levy tosupport it; and
WHEREAS, the City Council of the City of Auburn, after public hearing,
and after duly considering all relevant evidence and testimony presented, has
determinedthat theCity of Auburn requires property tax revenue and any
increase of new construction and improvements to property, any increase in the
value of state-assessedproperty, annexations, and any refundlevies in order
to discharge the expected expenses and obligations of theCity and in its best
interest; and
NOW THEREFORE, THE CITYCOUNCIL OF THECITY OF
AUBURN, WASHINGTON, DO ORDAINAS FOLLOWS:
Section 1. Regularpropertytaxes for collection in the City of Auburn
for the year 2012 are authorized in the amount of $14,874,840. Not including
the addition of newconstruction and improvementstoproperty, any increase in
Ordinance No. 6380
November 7, 2011
Page 1 of 4
ORD.A
the value of state assessed property, and any refund levies available, the
regular property tax levy for 2012 collection represents an increase from
regular propertytaxes levied for collection in 2011 of One Hundred Forty Five
Thousand Nine Hundred and Fifty Dollars ($145,950), which is a one percent
1%) increase in revenuefrom the previous year.
Section 2. A portion of this levy will be designated to the City's SOS
program as provided for in Ordinance 5864 which outlines use to be specifically
for the StreetImprovements program that includes any improvementsto the
local streets system consisting of preservation, restoration, and reconstruction
of existing pavements, sidewalks, pedestrian walkways, and handicapaccess
ramps, provision of street lights to meet the city's standard, crosswalks,
channelization, parking, traffic calming, congestion improvements, and other
municipal improvementsdetermined by the council to providemeaningful and
beneficial quality of life improvement to the local community and any collector
arterial that theCouncil determines on a case by case basis servicesprimarily
a residential character or community public schoolsafe walking route.
Section 3. In order to avoid unnecessary interfund loans caused by
uneven cash flow requirements for tax-supported funds, the Finance Director is
herebyauthorized to allocate individualpropertytaxreceipts ina mannerthat
eliminates interfund loans.
Section 4. If any section, subsection, sentence, clause or phrase of
thisOrdinance is for any reason held tobe invalid or unconstitutional, such
Ordinance No. 6380
November 7, 2011
Page 2 of 4
ORD.A
invalidity or unconstitutionality shall not affect the validity or constitutionality of
theremainingportions of theOrdinance, as it being hereby expressly declared
that this Ordinance and each section, subsection, sentence, clause or phrase
hereof would have been prepared, proposed, adopted and approved and
ratified irrespective of the fact that any one or more section, subsection,
sentence, clause orphrase be declared invalid or unconstitutional.
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carryout
the directives of this legislation.
Section 6. Effective Date. ThisOrdinance shall takeeffect and be in
force five (5) days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
Ordinance No. 6380
November 7, 2011
Page 3 of 4
ORD.A
ATTEST:
Danielle E. Daskam
CityClerk
APPROVED AS TO FORM:
041 A_
eI B. eid -
City Attorney
PUBLISHED:
Ordinance No. 6380
November 7, 2011
Page 4 of 4
ORD.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6382
Date:
November 16, 2011
Department:
Planning and Development
Attachments:
Agenda Bill for Ord No. 6382
Ordinance No. 6382 and Exhibit 1
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6382.
Background Summary:
Please see attached Agenda Bill
O3.4.2.1.2
Reviewed by Council Committees:
Municipal Services, Planning And Community Development, Public Works Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6382; Planned Action Ordinance
(PAO) relating to special area plans, amending Section 16.06.020 of the
Auburn City Code, and adding a new Chapter, 18.80 "Northeast Auburn
Special Area Plan and Auburn Gateway Planned Action" thereto
Date:
November 15, 2011
Department: Planning and
Development
Attachments: Ordinance No. 6382
Planned Action Ordinance
Exhibit 1 to PAO – Mitigation
Measures
Budget Impact: N/A
Administrative Recommendation: City Council to Approve Ordinance No. 6382
Background Summary:
For the last several years, City of Auburn staff has been negotiating with Robertson Properties Group
(RPG) that is directly affiliated with Auburn Properties, Inc. on future development of approximately 70
acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and
North of 45th ST NE consisting of the Valley 6 Drive-In Theater site and surrounding properties owned by
Robertson Properties Group (RPG) and hereafter referred to as the Auburn Gateway Project. The efforts
around these negotiations have included the preparation of Environmental Impact Statement (EIS)
documentation, amendments to the City’s Comprehensive Plan and Zoning Code to authorize and apply
the Mixed Use Commercial Zone (C-4), preparation of a draft Development Agreement and preparation of
a draft Planned Action Ordinance (PAO).
Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that
authorized a four-month continued conditional effectiveness of the Comprehensive Plan and C-4 zoning
to the Auburn Gateway Project. The comprehensive plan and zoning designations applied to the Auburn
Gateway Project are conditioned upon the successful execution of a development agreement between
the City and Robertson Properties Group. The designations do not become permanent until the City
Council approves a development agreement. Planning and Development, Public Works and Legal
Department staff has been actively working with Robertson Properties Group to complete required
studies, negotiations and documentation in order to provide the City Council with substantive policy
making opportunities that would facilitate the phased development of the Auburn Gateway Project.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Norman Staff: Snyder
Meeting Date: November 21, 2011 Item Number:
ORD.B
Agenda Subject: Ordinance No. 6382: Northeast Auburn Special Plan
Area and Auburn Gateway Planned Action
Date: November 15, 2011
Process for the Planned Action Ordinance
Staff from the Planning and Development, Public Works and Legal Departments has been
working with RPG to develop a planned action ordinance (PAO).
The purpose of designating specific types of projects as “planned action” projects shifts
environmental review of a project from the time a permit application is made, to an earlier phase
in the planning process. The intent is to provide a more streamlined environmental review
process at the later project stage by conducting more detailed environmental analysis at the
earlier planning stage.
To be eligible first, an Environmental Impact Statement (EIS) must be prepared which
addresses the likely significant adverse environmental impacts of the planned action. Then the
city designates by ordinance those types of projects to be considered planned actions, including
mitigation measures that will be applied. The types of project action must be limited to certain
types of development or to a specific geographic area that is less extensive than a city's
jurisdictional boundaries.
The basic steps in designating planned action projects are to:
• Prepare an EIS;
• Designate the planned action projects by ordinance; and,
• Review permit applications for projects proposed as consistent with the designated
planned action. Specifically, an environmental checklist application (SEPA application)
must be provided and the city must verify:
o The project meets the description of any project(s) designated as a planned
action by ordinance or resolution;
o The probable significant adverse environmental impacts were adequately
addressed in the EIS; and
o The project includes any conditions or mitigation measures outlined in the
ordinance.
If the project does not meet the requirements of the planned action ordinance, or if the EIS did
not adequately address all probable significant adverse environmental impacts, the project is
not a planned action project. In this instance, the City must then make a threshold determination
under SEPA on the project. The project would go through normal environmental review as part
of project review. The City may still rely on the environmental information contained in the EIS
and supporting documents in analyzing the project’s environmental impacts and making the
threshold determination. If an EIS or SEIS is found to be necessary for the project, it only needs
to address those environmental impacts not adequately addressed in the previous EIS.
Effects of a Planned Action Ordinance (PAO):
If approved by the City Council, a PAO for the Auburn Gateway Project will:
• Adopt the provisions of the Washington Administrative Code related to PAOs to
authorize designation of PAO’s by the city;
• Add a new chapter to the City’s Zoning Code specifying the “thresholds” for what
projects are eligible for designation as a planned action and thus expedited
environmental review process; and,
ORD.B
Agenda Subject: Ordinance No. 6382: Northeast Auburn Special Plan
Area and Auburn Gateway Planned Action
Date: November 15, 2011
• Adopt and incorporate the Northeast Special Area Plan environmental impact
statements and addenda and their mitigation measures. This “locks in” the mitigation
measures required for the project while allowing for changed circumstances.
Mitigation Measures
A key element of the PAO will be the mitigation measures. With the completion of the 2011 EIS
addendum, staff is proposing that the mitigation measures identified in the 2004 EIS and as
updated by the 2011 EIS addendum that are needed to reduce or avoid probable and significant
adverse project impacts attributable to the Auburn Gateway project be applied to the project by
the City Council’s adoption of a PAO.
Exhibit List
To facilitate review and decision-making, provided with this packet is the Planned Action
Ordinance No. 6382 and the associated Exhibit 1- Mitigation Measures, as recommended to the
full City Council by the Planning and Community Development Committee at their regular
October 10, 2011 meeting.
ORD.B
ORDINANCE NO 6 38 2
AN ORDINANCE OF THE CITY COUNCIL OF THECITY
OF AUBURN, WASHINGTON, AMENDING SECTION
16 06 020OF THEAUBURN CITY CODE, ANDADDING A
NEW CHAPTER, 18 80 TO THE AUBURNCITY CODE -
NORTHEASTAUBURN SPECIAL AREA PLAN AND
AUBURN GATEWAY PLANNED ACTION," RELATING TO
SPECIAL AREA PLANS
WHEREAS, RCW 43.21C 031 and WAC 197-11-164, -168, and -172 provide for
theintegration of environmental review with land use planning and project review
through designation of "Planned Actions" by jurisdictions planning under the Growth
Management Act ("GMA"), and
WHEREAS, designation of a Planned Action expedites the development review
process forsubsequent, implementingprojects whose impacts have been previously
addressed in a planned action environmental impact Statement ("EIS"), and thereby
encourages growth and economicdevelopment; and
WHEREAS, the Northeast Auburn Special Area Plan planning area consists of
approximately 120 acres of property withinthe Auburn citylimits generally bounded by
Auburn Way North, South277th Street, 45th Street NE, and theexisting undeveloped
right-of-way of I Street NE Theplanning areaincludesthe Auburn Gateway project
area The AuburnGatewayproject area consists of approximately 70 acres that
includesthe Valley 6 Drive-in Theater and several adjacent properties, and is proposed
to be developed in a phased, mixed use development; and
WHEREAS, the Planning and DevelopmentDepartment has conducted a
thorough review of the development anticipatedwithin the Auburn Gateway project
area, and prepared an Environmental Impact Statement (EIS) and addenda to the EIS
Ordinance No 6382
November 16, 2011
Page 1 of 12
ORD.B
under the State Environmental Policy Act (SEPA), and provides for mitigationmeasures
and other conditions to ensurethat such future development will not create significant
adverse environmental impacts
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. Amendment to City Code - Environmental Review Procedures.
That Section 16 06 020 of theAuburn City Code be and the same hereby is
amended toread as follows
16 06.020 Adoption by reference
The followingsections of Chapter 197-11 WAC, includingany amendments thereto, are
adopted by reference as if fully set forth herein
WAC
197-11-040 Definitions
197-11-050 Lead agency
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailableinformation
197-11-090 Supporting documents
197-11-100 Information required of applicants
197-11-164 Planned actions — Definition and criteria.
197-11-300 Purpose of thispart.
197-11-305 Categoricalexemptions
197-11-310 Thresholddetermination required
197-11-315 Environmentalchecklist.
197-11-330 Thresholddetermination process
197-11-335 Additional information
197-11-340 Determination of nonsignificance (DNS)
197-11-350 Mitigated DNS
197-11-360 Determination of significance (DS)/ initiation of scoping
197-11-390 Effect of thresholddetermination
197-11-400 Purpose of EIS
197-11-402 General requirements
197-11-405 EIS types
197-11-406 EIS timing
197-11-408 Scoping
197-11-410 Expanded scoping
197-11-420 EIS preparation
Ordinance No. 6382
November 16 2011
Page 2 of 12
ORD.B
197-11-425 Style and size
197-11-430 Format.
197-11-435 Cover letteror memo
197-11-440 EIS contents
197-11-442 Contents of EISon nonproject proposals
197-11-443 EIS contents when prior nonproject EIS
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations
197-11-450Cost-benefit analysis.
197-11-455 Issuance of DEIS
197-11-460 Issuance of FEIS
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents
197-11-508 SEPA register
197-11-510 Public notice
197-11-535 Publichearings and meetings
197-11-545 Effect of no comment.
197-11-550 Specificity of comments
197-11-560 FEIS response to comments
197-11-570 Consulted agency costs to assist lead agency
197-11-600 When to use existing environmental documents
197-11-610 Use of NEPA documents
197-11-620 Supplemental environmental impact statement— Procedures
197-11-625 Addenda — Procedures.
197-11-630 Adoption — Procedures.
197-11-635 Incorporation by reference — Procedures
197-11-640 Combining documents
197-11-650 Purpose of this part.
197-11-655 Implementation
197-11-660 Substantiveauthority and mitigation
197-11-680 Appeals
197-11-700 Definitions
197-11-702 Act.
197-11-704 Action
197-11-706 Addendum
197-11-708 Adoption
197-11-710 Affected tribe
197-11-712 Affecting
197-11-714 Agency
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categoricalexemption
197-11-722 Consolidated appeal
197-11-724 Consultedagency
197-11-726 Cost-benefit analysis
Ordinance No 6382
November 16, 2011
Page 3 of 12
ORD.B
197-11-728 County/city
197-11-730 Decision maker
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS)
197-11-736 Determination of significance (DS)
197-11-738 EIS
197-11-740 Environment.
197-11-742 Environmentalchecklist.
197-11-744 Environmental document.
197-11-746 Environmentalreview
197-11-748 Environmentallysensitive area.
197-11-750 Expandedscoping
197-11-752 Impacts.
197-11-754 Incorporation by reference
197-11-756 Lands covered by water
197-11-758 Lead agency
197-11-760 License.
197-11-762 Local agency
197-11-764 Major action
197-11-766 Mitigated DNS
197-11-768 Mitigation
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-776 Phasedreview
197-11-778 Preparation
197-11-780 Private project.
197-11-782 Probable
197-11-784 Proposal
197-11-786 Reasonablealternative
197-11-788 Responsible official
197-11-790 SEPA.
197-11-792 Scope
197-11-793 Scoping
197-11-794 Significant.
197-11-796 State agency
197-11-797 Thresholddetermination
197-11-799 Underlying governmental action
197-11-800 Categorical exemptions
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions
197-11-900 Purposeofthis part.
197-11-902 Agency SEPA policies
197-11-916 Application to ongoing actions
197-11-920 Agencies with environmentalexpertise
197-11-922 Lead agency rules
Ordinance No. 6382
November 16 2011
Page 4 of 12
ORD.B
197-11-924 Determining the lead agency
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals
197-11-930 Lead agency for privateprojects with one agency with jurisdiction
197-11-932 Lead agency for privateprojects requiring licenses from morethan
one agency, when one of the agencies is a county/city
197-11-934 Lead agency for privateprojects requiring licenses from a local
agency, not a county/city, and one or more stateagencies
197-11-936 Lead agency for privateprojects requiring licenses from morethan
onestate agency
197-11-938 Lead agencies for specificproposals
197-11-940 Transfer of lead agency status to a stateagency
197-11-942 Agreements onlead agency status
197-11-944 Agreements on division of lead agencyduties
197-11-946 DOE resolution of lead agency disputes
197-11-948 Assumption of lead agency status
197-11-960 Environmentalchecklist.
197-11-965 Adoption notice
197-11-970 Determination of nonsignificance (DNS)
197-11-980 Determination of significance and scopingnotice (DS)
197-11-985 Notice of assumption of lead agency status
197-11-990 Notice of action
Ord 4840 § 1, 1996 )
Section 2. New Chapter to City Code. A new Chapter, 18 08 "Northeast
Auburn Special Area Plan" is added to the City Code to readas follows
Chapter 18.08
NortheastAuburn Special Area Plan
and Auburn GatewayPlanned Action
Sections
18 08 010 Purpose
18 08 020 Findings related to the Northeast Auburn SpecialArea Plan
18 08030 Applicability
18 08040 Thresholds
18 08 050 Review Criteria
18 08 060 Effect of Planned Action designation
18 08 070 PermitProcess
18 08 080 Mitigation Measures
18.08.010 Purpose of the Planned Action Thepurpose of thisChapter is to
A. Setforth a procedure designating certain project actions within a specific
subject site as "Planned Actions" consistent with state law, RCW 43.21 C 031, and,
Ordinance No 6382
November 16 2011
Page 5 of 12
ORD.B
B Provide the public with an understanding as to what constitutes a Planned
Action and how land use applications which qualify as Planned Actions will be
processed by the City; and,
C Streamline and expedite the development review process for this
designated plannedaction' by relying on completed and existingdetailed environmental
analysis for the subject site, D Combine environmental analysis with land use
planning, and
D Apply the City's development regulations together with the mitigation
measures described in the Environmental Impact Statement (EIS) and this Ordinance to
address theimpacts of futuredevelopment contemplated by the Planned Action
18 08.020 Findings related to the NortheastAuburn Special Area Plan
After thorough review and consideration, thecitycouncilmakesthefollowing
findings
A. The Northeast Auburn SpecialArea Plan ("subarea plan") and its
accompanying draft and final environmental impact statement ("EIS") and EIS addenda
have analyzed and addressed all of the probable significant environmental impacts
associated withthe land usesallowed by the city's development regulations and
described in the subarea plan as to theNortheast Auburn SpecialPlanning Area
B Theanalysiscontained in the subarea plan and EIS and addenda is adequate
to identify the probable environmental impacts of developments allowed under the city's
development regulations which were not previously analyzed in the comprehensive plan
and its accompanyingenvironmentaldocuments
C The mitigation measures identified in the environmentalelement of the
subarea plan, EIS and EIS addenda, together with the regulations in the city's
development code, are adequate to identify and mitigatethe probable significant
environmental impacts of the land uses and developments considered withinthe
planned action and subarea plan andEIS documents
D Theexpedited development review procedure in this chapter is consistent
withlaw, will be a benefit tothe public, will protect theenvironment, and will enhance
the city's economicdevelopment.
E Thepublic interest will be served by implementingthe expedited development
review procedure set forth in this chapter
F Public involvement and review of the subarea plan and EIS and addendum
have been extensive and meet therequirements of law, and have been sufficient to
ensure that the subarea plan and EIS bear a substantial relationship to the public
interest, health, safety, and welfare
G The land uses identified in the subarea plan for theNortheast Auburn Special
Area are consistent with and will implement the comprehensive plan
H NortheastAuburn Special Area is herebydesignated a planned action
18.08 030 Applicability of the Planned Action
A. Planned Action Area This Chapter applies to approximately 70 acres
included in the Auburn Gateway project area as described in the Northeast
Auburn/Robertson Properties Special Area Plan EIS, Issued by the City on July 30,
2004 (and any addendathereto) and theadoption of the NortheastAuburn/Robertson
Ordinance No. 6382
November 16, 2011
Page 6 of 12
ORD.B
Properties Special Area Plan Any other plannedaction for which theimpacts have
been studied in an EIS shallalso meet the requirements of thisChapter, be approved
by the Planning and Community Development Director (Director), and be designated as
a plannedaction by resolution of theCity Councilbefore it shall be entitled to review
and treatment as a planned action under this Chapter
B EnvironmentalDocument: A planned action for a site-specific development
shall be based on the environmental analysiscontained in the Northeast
Auburn/Robertson Properties Special Area Plan EIS, Issued by theCity on July 30,
2004 (and any addenda thereto ) The mitigation requirements in this Chapter are based
on the Northeast Auburn/RobertsonProperties Special Area Plan EIS These
requirements, together with City codes, ordinances, and standards providethe
frameworkfor the decision by the Cityto impose conditions on a Planned Action project.
C Planned Action Designated Uses and activities described in the
Northeast Auburn/Robertson Properties Special Area Plan EIS and (any addenda
thereto) subjectto thresholds (ACC 18 08040) and mitigationmeasuresestablished by
this Ordinance, are designated planned actions pursuant to RCW43 21C 031
18.08 040 Planned ActionThresholds
Subject to thezoningregulations for the site and themitigation measures
described in thisChapter, the maximum levels of development described below have
been evaluated in theNortheastAuburn/Robertson Properties Special Area Plan EIS,
as described in the EIS (and any addenda thereto), are planned actions pursuant to
RCW 43.21 C 031 In order to qualify as a planned action totalcumulative development
withinthe Auburn Gateway project area that has beenpermitted under thisordinance
shall meet all of thefollowing criteria
A. Land Use
1 The following are the primary categories of uses authorizedunderthis
planned action
a. Office
b Retail
c.Multifamily residential
2 Land use review threshold The plannedaction designation applies to
future development proposals within theAuburnGatewayproject areawhich are within
the range evaluated in the Northeast Auburn/RobertsonPropertiesSpecial Area Plan
EISand the EIS addendum as shown below
Use Maximum Allowable Maximum Structure
Height
Multifamily Residences 500 dwelling units 75 feet
Retail uses 720,000 square feet 75 feet
Office uses 1,600,000 square feet 75 feet
B Transportation
1 Trip Ranges Cumulative development within the Auburn Gatewayproject
area that does not exceed the following range of trip generation from all uses developed
withinthe AuburnGatewayproject area shall qualify as a plannedaction
Ordinance No. 6382
November 16, 2011
Page 7 of 12
ORD.B
Maximum NetNew (non-pass by) Trip Generation Allowable in the Auburn Gateway
Project Area
Time Range Net New Trips
AM Peak Hour (primary) 1,862
PM Peak Hour (primary)2,419
Daily Total 18,920 Non-Pass-by Trips ("Auburn Gateway Transportation
Impact Analysis" prepared by Transportation Solutions, Inc in October 2011 for the
Auburn Gateway Environmental Impact Statement (EIS) addendum)
2 The Net New (non-pass by) trip generation within a single phase shall qualify
as a planned action that does not exceedthefollowing
Maximum Net New Trips Allowable within a SinglePhase of theAuburnGateway
Project Area
Time Range Net New Trips
AM Peak Hour (primary) 1,117
PM Peak Hour (primary) 1,451
C Earthwork.
Themaximum of amountof excavation andfill qualifying as a planned action
shall be 250,000 cubic yards of excavation and 750,000 cubicyards of fill
D Air Quality.
Modifications to regional arterials included in the planned actionincludepotential
new signals on Auburn Way North at 45th Street NE and 49th Street NE, and at the
driveway access to Auburn Way North midpoint between the two intersections, if
demonstrated by analysis of signal warrants and on South 277th Street and 45th ST NE
at a relocated I Street NE Aroundabout or traffic signal would be provided at the
intersection of
49th ST NE and I ST NE and a future signal at
45th ST NE
E Water
1 Floodplain modifications Up to 33 73 acre feetof floodplainstorage
volume may be filledwithin the Auburn Gateway project area based on the 1995 FEMA
floodplain The actual amount of floodplainmodification and storagecompensatory
flood storage volume will depend on theFEMA floodplainregulations in effect at the
time of development. Sincethe extent of floodplain and amountof fill may be subject to
change it may be subject to further environmental review The amount of floodplain
affected will require that compensatory volume is provided at the time of fill
2 Impervious surfaces- up to 90 percent of the Auburn Gateway site area
may be coveredwith impervioussurfaces
F Plants and Animals
Up to 0 55 acres of wetland fill placed in accordance with local, state, and federal
regulations in the wetlandditches along South277th Street (approximately 05 acres),
and as necessary to complete required improvements for I Street NE and 49thStreet
NE (up to 0.25 acres of wetland fill within the Auburn Gateway project area), shall
qualify as part of this planned action Thewetlandimpacts to the yet undelineated
Wetland F within the Gateway II project areawill be in accordance with local, state and
federal regulations in effect.
Ordinance No. 6382
November 16, 2011
Page 8 of 12
ORD.B
G Time of submission Theapplication is submitted during the time that the
Development Agreement between the City of Auburn and Robertson Auburn Properties,
entered into on is in effect.
18.08 050 Review Criteria for Planned Actions
A. The Director or Director's designee is herebyauthorized to designate a
project application as a Planned Action if the project meets all of the following
conditions
1 Theproject is consistent with the adopted Comprehensive Plan
2 Theproject is located on the subject site as described with the Planned
ActionOrdinance
3 The project's significant environmental impacts have been adequately
addressed in the EIS
4 The project complies with thePlanned Action Thresholds
5 The project's significant impacts have beenmitigated though application of
the mitigation measures identified in the EIS documents and other City requirements
6 The project is not an essentialpublic facility
18 08.060 Effect of Planned Actiondesignation
A. Upon designation by thePlanning Director that the projectqualifies as a
Planned Action, the project shall not be subject to a SEPAthresholddetermination, an
environmental impact statement (EIS), or any further review underSEPA.
B Being designated a Planned Action means that a proposedproject has
been reviewed in accordance with this Ordinance, and found to be consistent with the
development parameters and environmental analysisincluded in the EIS documents
C Planned Actions will not be subject to further procedural review under
SEPA. However, projects may be subject to conditions designed to mitigateany
environmentalimpacts whichmayresultfrom the project proposal, and projects will be
subjectto whatever permit requirements are deemed appropriate by the City under
State and City laws and ordinances The Planned Actiondesignation shall not excuse a
project frommeetingthe City's code and ordinancerequirements apart fromtheSEPA
process.
18 08 070 Planned Action Permit Process
The Director shall establish a procedure to reviewprojects and determine
whether theymeet thePlanned Actioncriteria, and establishing minimumapplication
and notice requirements The procedure shall consist, at a minimum, of the following
A. Developments shall meet the requirements ofACC Titles 12, 13, 14, 15,
16, 17 18, and 19 Application shall be made on the forms provided by the City and
shall include a SEPA checklist [where approved through WAC 197-11-315(2)] or such
otherenvironmental review forms provided by theCity
B TheDirector shall determine if the application is complete as provided in
ACC 14 06
C If the project is within the area designated as a planned action, the
application shall be reviewed to determine if it is consistent with all of therequirements
in this Chapter
Ordinance No 6382
November 16, 2011
Page 9 of 12
ORD.B
D When a complete application fordevelopment hasbeen determined by the
City to qualify as a planned action, TheDirector shall notifythe applicant and theproject
shall proceed in accordance with the appropriatepermit procedure, with theexception
that no additionalSEPAreview, threshold determination, or EIS shall be required
E. Public notice for projectqualifying as planned actions shall be tied to the
underlying permit. If notice is otherwise required for theunderlyingpermit, the notice
shall state that the project has qualified as a planned action If notice is not otherwise
required for the underlying permit, no special notice is required
F If a project is determined to not qualify as a planned action, theDirector
shall so notify the applicant and the SEPA responsible official, shall prescribe a SEPA
review procedure consistent with the City's SEPAregulations and the requirements of
state law
18.08.080 Planned Action Mitigation Measures
ThePlanned ActionMitigationMeasures setforth in the Exhibit 1 attached hereto
and incorporated herein by this reference shall apply to theproject identified therein
ThisExhibit 1 shall not be codifiedwiththe provision of Chapter 18 0 of theCity Code,
but shall beon file and available for review in theOffice of the City Clerk.
18.08.090 Amendments
Amendments tothisChapter may be initiated by the City, the proponent, or the
proponent's successor, and shall occur as follows
A. The Planning Director or Public Works Director, in their area of
responsibility, may interpret the words and meaning of certain conditions in order to
resolve conflicts in implementation All words in the ordinance shall carry their
customary and ordinary meaning
B If changes to the language of the ordinance are required, such proposed
changes shall be reviewed by the Planning and Development Committee of theCity
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, the Committee shall refer the change to the
Hearing Examiner For major changes the Examiner shall conduct a public hearing and
make a recommendationto theCityCouncil
Section 3. Implementation. TheMayor is herebyauthorized to implement
such administrativeprocedures as may be necessary to carry out the directions of this
legislation
Section 4. Severability. The provisionsof this ordinance are declared
to be separate and severable The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity ofthe application
Ordinance No. 6382
November 16 2011
Page 10 of 12
ORD.B
thereof to any person or circumstance shall not affect the validity of the remainderof
this ordinance, or the validity of its application to otherpersons or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in force
five daysfrom and after its passage, approval and publication as provided by law
INTRODUCED
PASSED
APPROVED.
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam, City Clerk
APPROVED ASTO FORM
ANIftstlS4DanielBHeid, City Attorney
Published
Ordinance No. 6382
November 16 2011
Page 11 of 12
ORD.B
Exhibit 1 - Planned ActionMitigation Measures
Ordinance No 6382
November 16, 2011
Page 12 of 12
ORD.B
Exhibit 1
Auburn Gateway Planned Action
In addition to compliance with all applicable city, state, and federal regulations that apply
to the Auburn Gateway Project, the following conditions apply to development within the
Auburn Gateway Project Area.
A. Prior to Alteration of the Site by Demolition of Structures or
Grading
Cultural Resources
1 Prior to alteration of the site by demolition or grading, in orderto preserve a record of
the drive-in theater, photo documentation torecognized archival standards of the most
important features of the drive-in theater site and structures shall be completed prior to
removal or alteration of the site or structures, and shall be provided to the White River
Valley Museum, as permanent repository
2. Prior to alteration of thesite by demolition or grading, a professional archaeologist
shall be retained to monitor any ground-disturbing construction excavation that
penetrates fill deposits into native alluvial soils. Proof of the services of professional
archaeologist shall be provided to the City If during site alteration activities any
hunter-fisher-gatherer or historic periodarchaeological deposits or human remains are
discovered in any portion of the Auburn Gateway project area, ground-disturbing
activities shall be halted immediatelyin an area large enough to maintain the integnty
of the deposits. Upon the discovery of any such deposits or remains the City of
Auburn, the state Office of Archaeology and Historic Preservation, the Duwamish
Tribe, the MuckleshootIndian Tribe, and a professional archaeologist shall be notified
immediately Treatment of the archaeological deposits or humanremains shall be
coordinated and implemented through consultation among these parties.
B. Prior to Issuance of any Clearing or Grading Permits within
Either the North and/or South Phases of the Project:
Air Quality
1 Prior to issuance of a clearing orgrading permit for either phase, the Applicant must
submit an air quality plan that evaluates the potential impacts due to exhaust
emissions and fugitive dust during construction. The plan which must be reviewed and
approved by the City, shall establish means for be minimizing impacts by
implementing the following.
Use only equipment and trucks that are maintained in optimal operational
condition.
Exhibit 1, page 1
ORD.B
Evaluate and as appropriate have all off-road equipment be retrofitted with
emission reduction equipment (i.e., evaluate participation in thePugetSound
region Diesel Solutions by project sponsorsand contractors)
Evaluate and as appropriate use bio-diesel or other lower emission fuels for
vehicles and equipment.
Evaluate and as appropriate use carpooling or other trip reduction strategies for
construction workers.
Stage constructionto minimize overall transportation system congestion and
delaystoreduce regional emissions of pollutantsduring construction.
Implementconstruction curtailing on hot days when the region is at risk for
exceeding the nationalambient air quality standards (NAAQS) for ozone, and
work at mght instead.
Implement restrictions on construction vehicle idling (e.g., limit idling to a
maximum of five (5) minutes)
Locate construction equipment away from sensitive receptors, such as fresh air
intakes for buildings, air conditioners, and sensitive populations.
Locate construction staging zones where dieselemissions will be unnoticeable
to the public and away from sensitive populations, such as the elderly and the
young.
Sprayexposed soil with water or other suppressant toreduce particulate
emissions of PM,')and deposition of particulate matter
Pave or use gravel on staging areas and roads that will be exposed for long
periods.
Cover all trucks transporting materials, spray water on materials in trucks, or
provide adequate freeboard (space from the top of the material to the top of the
truck bed)to reduce PM,o emissions and deposition during transport.
Provide wheel washers for the removal of particulate matter that would
otherwise be earned off thesite by vehicles to decrease deposition of particulate
matter on area roadways.
Remove particulate matter deposited on paved public roads, sidewalks, bicycle
paths, and pedestrianpaths to reduce mud and dust; sweep and wash streets
continuously toreduce emissions.
Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown
debris.
Route and schedule constructiontrucks so that traffic delays are reduced during
peak travel times to minimize air quality impacts caused by a reduction in
traffic speeds.
StormDrainage
2 Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
provide to the City for review and approval, a Temporary Erosion and
Sedimentation Control (TESC) plan. Theplan can address a phase or project
specific area and shall be in conformance with the City's Engineering Design
Standards that include best management practices (BMPs) to prevent erosion,
Exhibit I, page 2
ORD.B
sedimentation, andrelease of other pollutants during construction. The TESC plan
shall identify any proposed phasing. Typicalminimum BMPs for erosion and
sedimentation control should be utilized for the Auburn Gateway Project area,
including silt fences, stockpile covers, mulchor othertemporary ground cover in
disturbed areas, protection devices for storm drain inlets on nearby streets, stabilized
construction entrances and staging areas, and sediment traps or ponds for concentrated
runoff flows. The following minimum site-specificBMPs shall be included in the
TESC plan to address specific construction-related impacts.
The area of exposed bare soil created byclearing and grading activities shall be
limited to a maximum acreage of five (5) acresand mulch and/or other
temporary groundcover shall be applied to such exposed areas prior to
beginning a new stage or phase of clearing or grading.
Clearing and grading activities shall be limited to the dry season (April through
September) in areas that are located within the 100-year floodplam, within
wetlandbuffers, or within twenty-five (25) feet of surface water conveyance
ditches.
All areas disturbed due to clearing and grading activities shall be stabilized to
prevent erosion within seven (7) days of the completion of the work in said
areas.
Wheelwashing and regularly scheduled street cleaning shall be performed to
minimize the deposition of soil and sediments by construction vehicles on
surrounding streets.
Construction equipment shall be outfitted with emergency spill kits and
construction crews shall be trained in their proper use.
Clearing and grading operations in wetland buffers shall be scheduled so that
grading occurs only one time This schedule shall be identified in the Wetland
Mitigation Plan.
The final planting of wetland buffers shall be completed within the first year
following grading. This schedule shall be identified in the Wetland Mitigation
Plan.
Water from dewatering activities shall be discharged into a filtration system,
sediment trap, or sediment pond unless it is proven by turbidimeter
measurements that the water is clean. The rate of dewatenng discharge should
not exceed the design capacity of the filtration system, sedimenttrap, pond, or
downstream drainage system.
Control and treatment of any contaminated water shall meet all applicable
regulatory requirements if contaminatedground water ispresent in the vicinity
of dewatering activities.
3 Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
apply for andsecure a Construction Stormwater General Permit or equivalent
required by the National Pollutant Elimination Discharge System (NPDES), Phase2
through the Washington State Department of Ecology
Gradmg/Cntical Areas
Exhibit 1, page 3
ORD.B
4 Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
prepare for the City's approval a Master Grading Plan, including a geotechnical
engineering report that evaluatesthe hydrogeologic effects of the gradingplan and
includes methods for grading and constructing the project in such a manner to prevent
impacts on wetland hydrology and nearby basements. The geotechnical report must:
Assess the degree of soilcompaction and settling expected and the
corresponding change in soil porosity and transmissivity of existing or
proposed soils throughout the proposed development.
Assess the likely effects of altered geotechnical soil properties and stormwater
infiltration processes on groundwater levels at and near the proposed
development.
Characterize the expected waterlevelregime throughout a full typical annual
cycle, as well as during reasonably foreseeable drought and storm periods.
Provide an analysis of different specific methods for increasing or decreasing
the infiltration of stormwater as necessary to maintainexisting groundwater
levels, and/or for managing ground water levels with engineering controls such
as cutoff walls and curtain drains. Increased infiltration could be accomplished
by various methods including, but not limited to, reducing the area of
impervious surface at the site through reduction of area devoted to roofs,
parking lots, and roadways, reducing the connectedness of the impervious
surface to the storm drainage system, and incorporating Low Impact
Development (LID) design techniques such as porous pavement and downspout
infiltration systems. Decreased infiltration could be accomplished in the design
of the drainage collection and conveyance systems for runoff from impervious
surface areas and in the design of stormwater pond linings.
Demonstratethat the hydropenod of wetlands in the planning area would not be
adverselyaffected by the development throughout a full typical annual cycle, as
well as during reasonably foreseeable drought and storm periods. If the
hydropenod analysis predictsreductions in wetland water levels, propose a
method for allowing some stormwater runoff to be routed to the affected
wetlands after appropriate flow control and water quality treatment. Analysis
shall conform to The Department of Ecology's Stormwater Management
Manual for Western Washington (Ecology 2001) guidance for performing the
wetland hydropenod analysis, information on maximum acceptable
hydropenod alterations, recommendations for reducingdevelopment impacts
on wetland hydropenod and water quality, recommendations for flow control
and treatment for storm drainage discharges to wetlands, and recommendations
for post development wetland monitoring.
Demonstratethat the groundwater levels likely toresult from the development
will not adversely affect basements in nearby structures throughout a full
typical annual cycle.
Specify a monitoring plan to continue through full developmentperiod and for
five (5) years thereafter to ensure that the measures takenadequately mitigate
the impacts on ground water and wetlandwater levels.
Exhibit 1, page 4
ORD.B
Identify corrective measures (contingency measures) that would be possible
after full development is complete if the project is found to be adversely
affecting wetland hydrology The applicant shall provide a binding agreement
to implement such corrective measures prior to the issuance of clearing and
grading permits within either phase of the project.
Cntical Areas/Habitat
5 Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
ensure compliance with the National Marine Fisheries Service (NMFS) Biological
Opinion, and meetFederal EmergencyManagement Agency (FEMA) and National
Marine FishenesService (NMFS) requirements for providing adequate protection to
endangered species pursuant to a city floodplain development permit for any alteration
within regulatory floodplain.
6 Prior to issuance of a clearing orgrading permit for either phase, the Applicant shall
prepare a critical areas report related to wetland and fish habitat(including a Wetland
Mitigation Plan) meeting applicable requirements for mitigating potentialproject
impacts. The plan shall
Coordinate wetland mitigation conservation requirements of the various
agencies with regulatory authority
Coordinate wetland mitigation conservation with phasing of earthwork and
construction toavoid/reduce reoccurrence of disturbance or impacts.
Include information on measures to be employed to avoid impacts on wetland
hydrology, as discussed in the Water Resources section of the 2004 Draft
EnvironmentalImpact Statements (EIS).
Stipulate mitigation measures for wetlands affected byalteration, dredging, or
filling in accordance with Auburn City Code Chapter 1610 Mitigation could
be implemented by on-site or off-site wetland enhancement orcreation
consistent with local, state and federal regulations.
For any new wetland impacts, provide buffers in accordance with Auburn City
Code Chapter 16 10
Provide a mitigation plan for approval by regulating agencies for the plantingor
enhancement of wetland buffers with native plant species as soon as possible
after imtial site grading is completed.
Identify the construction boundaries and methods to be employed after
completion of project to ensure long term protection and to avoid encroachment
on adjacent habitat areas.
Schedule construction within work windows specified by WDFW, the COE,
NOAA Fishenes, and/or the USFWS to avoid critical periods (i.e., wintering,
nesting and breeding/spawning, and migration) for species of concern listed as
present or potentially present in the planning area.
Demonstratethat the mitigation plan is coordinated with the stonnwater
pollution prevention plan (SWPPP) to prevent or minimize sedimentation and
potential hazardous spills that could affect both the onsite and offsite water
bodies.
Exhibit 1, page 5
ORD.B
Minimize night lighting near wetlands during construction. Identify locations
and types of night lighting to be used for development that minimizes light
impactson wetland habitats and buffers.
Establish a protocol for wetland and hydrologicmonitoring to ensure that
wetland mitigation and newly planted wetland buffers are thriving after the
installation of the plantings is completed. Provide financial security in an
amount commensurate to guarantee momtonng, maintenance and contingency
measures.
Wetland momtonng shouldcontinue annually for a minimum of five (5) years
after the project is completed or as needed to be consistent with approval from
other agencies with jurisdiction, and should include observations and reporting
of native vegetation and hydrologic conditions that may be adverselyaffected
by fill oralterations adjacent to wetland areas.
Replace the culvert at the intersection of I Street NE and South 277th Street
with a fish passable culvert(J S Jones and Associates, Inc., 2010)
Identify design and construction techniques to protect wetlands and wetland
buffers from the intrusion of humans and domestic animals by means of
barriers to humans and domesticanimals, while still allowing aesthetic visual
enjoyment of these areas.
Require modifications to stormwater and/or groundwater management if
adverse effects on wetland hydrology are observed before the end of the
wetland momtonng period. A written commitment acceptable to the city shall
be required prior issuance of clearing or gradingpermits.
Revegetate portions of the project area that are disturbed only for construction
purposes (e.g., areas surrounding buildingsor construction staging areas) as
soon as possible afterconstruction is completed. Establish a protocol for and
conduct monitoring to ensure that newly planted areasare thriving. Provide
financial security to guarantee monitoring, maintenance and contingency
measures.
The construction staging areas should be located on the existing gravel within
the drive-in theater so wildlife displacement is delayed.
The following conservation measures are required to avoid or minimize
potential impacts to surface water (including South 277th Street roadside ditch)
during construction.
o In-water construction activities will be regulated by the Hydraulic Project
Approval (1-IPA) issued by the Washington State Department of Fish and
Wildlife (WDFW) for the project. The anticipated in-water work should
occur from July 1 to August 31, or when the water bodies in the project area
are dry or as conditioned in the HPA. This will limit work within the
wetted perimeter of the water bodies to the low-flow summermonths and
reduce potential for impactsto fish species.
o Staging areas, stockpiles, equipment storage areas, and other similar
facilities should be set back at least 100 feet from the top-of-bank of the
water courses with downstream fish habitat.
Exhibit 1, page 6
ORD.B
o To minimize the effect of dewatenng the work area on fish species, the
Hydraulic Project Approval (HPA) for thisproject will require that the
project proponent capture and safelyremove fish and other aquatic life from
the portion of water course to be abandoned. Captured fish are requiredto
be immediately and safelytransferred to free-flowing waterdownstream of
the bypass following methods outlined in the anticipated HPA for this
project.
o The project proponent should seek assistance from WDFW to remove fish
prior to construction if WDFW personnel are available. If WDFW
personnel are notavailable, the project proponent should arrange for the
removal of fish by a qualified fisheries biologist.
o The amount of area that iscleared and graded at any one time should be
limited, and construction activities should be scheduled soon after an area
has been cleared and stepped of vegetation.
o Construction areas and limits of work shall be clearly identified in the field
and onplans to minimize habitat disruption.
o Where possible, nativevegetationremoved during construction shall be
replaced with native tree and shrub species following construction. These
actions will increase the water quality, hydrologic, and habitat features
associated with these areas.
o Buffers shall be established and planted with a mixture of native tree and
shrub species. Establish a protocol for monitonng to ensure that mitigation
and newly planted buffers are thriving after the installation of the plantings
is completed. Provide financial security to guarantee monitoring,
maintenance and contingency measures.
o Habitat features such as large woody debns (LWD) and boulders, shall be
incorporated into final design to increase habitat complexity and provide
cover for fish species. The performance of habitat features shall be
monitored and reported.
o Relocated water courses should include fine grading necessary to establish
complexhabitat types including pool and nffle complexes, which may
require the installation of grade control structures. The performance of
habitat features and grade control structures should be monitored and
reported for a period as approved by reviewing agencies.
o The relocated portion of water courses shall allow for placement of
spawning sized gravel at a minimum depth of six niches.
o The culvert at the intersection of I Street NE and South 277th Street shall be
replaced with a fish passable culvert (J S Jones and Associates, Inc , 2010)
7 Prior to issuance of a clearing or grading permit for either phase, the Applicant shall
provide proof of approval from the City of Kent for use of the City of Kent's Army
Corps of EngineersSection 404 and Washington State Department of Ecology 401
approvals for the filling of the wetland ditches associated with widening South 277th
Street, which filling has been previouslymitigated by the City of Kent.
Exhibit 1, page 7
ORD.B
Site Contamination
8 Prior to issuance of a clearing or grading permit for either phase, the following
mitigation measures to address documented existing contamination, potential existing
contamination (i.e., underground storage tanks and asbestos), and potential
contamination associated with construction (i e., fuel and lubricants) and shall be
implemented.
Conduct phase II environmental site assessments (sampling and analysis) at
locationsindicated in the EIS as potential areas of contamination to provide a
basis for planning invasive work and documentation for the Washington
Department of Ecology
Aspart of grading or building permit applications, incorporate construction
specificationprovisions for abatement, removal, storage, transportation, and
disposal or treatment of contaminated media (requiring contractor-generated
management plans)
As part of grading or building permit applications, incorporate construction
specifications to minimizepublic exposure tocontaminants via both airborne
and direct contact routes by means of increased construction-zone setbacks,
additional barriers to public access, and expeditiousremoval of contaminated
materials. Ensure that removal of hazardous materials will be managed using
standard approaches in accordance with Department of Ecology policies,
procedures, and requirements.
As part of grading or building permit applications, demonstrate how the
Applicant will avoid contaminated areas to minimize potential impacts (i.e.,
restrict building construction above contaminatedgroundwater)
As part of grading or building permit applications, demonstrate that any
hazardouswaste generated as part of this project will be transported to
permitted facilities by entities licensed by the state Department of
Transportation for that purpose.
ConstructionNoise
9 As part of clearing, grading or building permit applications, the following measures
shall be implemented to mitigate noise during construction of the project:
Develop a mitigation plan for construction noise that includes a schedule of
construction activities, the intensity and duration of the noise generated during
these activities, and the location of the activities relative to the nearest noise-
sensitive receivers. The plans shall demonstrate that the project will comply
with the city noise polices and state regulations for construction noise, and is
subject toapproval by the Director
Use properly sized and maintained mufflers, engine intake silencers, and engine
enclosures.
Require that construction equipment be turned off if it will idle for more than
five (5) minutes.
Exhibit 1,page 8
ORD.B
Restrict construction activities to daytime hours unless an expansion of
construction hours is approved in advance by the City Nighttime hours are
before 7.00 a.m. and after 7.00 p.m. and on weekdays, before 9.00 a.m. and
after 6.00p.m. on Saturday and Sunday
Place stationaryequipment, including pumps, compressors, welding machines
and similar equipment, as far as possible away from noise-sensitive receiving
locations, while maintaining the effective use of such equipment. Where this is
infeasible or where noise impacts are stilllikely, place portable noise barriers
around the equipment with the opening directed away from the noise-sensitive
receiving property
Substitute hydraulic or electric models for impacttools such as jackhammers,
rock drills, and pavement breakers.
Require equipment operators to drive forward ratherthan backward, where
feasible, to minimize noise from backup alarms.
Require operators to lift rather than drag materials, wherever feasible.
C. Prior to Issuance of any Permits for Constructionin the
Floodplain within Either the North and/or South Phases of
the Project:
Floodplain
1 Prior to issuance of any permit for construction in the floodplain within either phase,
the Applicant shall apply to the City for review and approval a Floodplain
Development Permit pursuant to Auburn City Code 15 68., including any Habitat
Impact Assessment and, if applicable a Habitat Mitigation Plan. The applicant shall
also incorporate the following performance measures into any temporary erosion and
sedimentation control (TESC)plans for project areas located within floodplam.
Compensatory floodplain storage shall be provided at a 1-to-1 ratio for all
projects that involve the placement of fill in the FEMA 100-year floodplam in
effect at the time the permit application is deemed complete by the City
Compensation shall be constructed concurrently such that pnor to placement of
any fill within the floodplain an equal amount of compensatory storage shall be
provided.
On-site compensatory floodplam storage shall be provided for any
developments within the Project area that are not compensated for completely
by constructed flood storage within the Port of Seattle mitigation wetland to
which legal right of use has been secured.
The ground surface of any compensatory floodplam storage shall be below the
100-year Green River flood elevation and above the seasonal high groundwater
elevation, and shall be provided with adequate hydrologic and hydraulic
connectivity to the floodplam areas north of South 277th Street.
If any portion of the compensatory floodplam storage is provided within the
Port of Seattle mitigation wetland to which legal right of use has been secured,
Exhibit 1, page 9
ORD.B
then a flood conveyance channel of sufficient capacity shall be installed to
connect the Green River floodplain to the Port of Seattle mitigation wetland.
The design of the channelshall be submitted for City review and approval.
This channel would be located on the south side of South 277th Street and
extend west from the existing north-south flood channel located on Port of
Seattle property to the existing twin-barrel 6-foot by 3-foot box culvert under S
277th Street connecting to the Green River floodplain area to the north. The
alignment of flood conveyance channel shall be located beyond the southerly
limits of the planned widening to the south of South 277th Street
improvements. The flood conveyancechannel shall be in place prior to
placement of any fill.
D. Prior toany Issuance of Permits for Vertical Construction
within Either the North or South Phases of the Project:
StormDrainage
1 Pnor to issuance of permit for vertical construction, the Applicant shall provide to the
City for review and approval a StormDrainage Master Plan for the combined North
and South Phases of the Project. The plan shall include the approximate location,
elevation, and size of all major storm drainage conveyance, water quality, and flow
control facilities in conformance with the City's Engineering Design Standards. The
storm drainagemaster plan shall contain sufficient information, including supporting
stormdrainage calculations, to demonstrate that the system design and configuration is
feasible and is capable of meeting city standards.
In addition, if the storm drainage discharge from the project is not as proposed in
previous drainage analysis prepared for the purposes of the EIS ("Hydraulic Model
Evaluation of Potential Drainage System ImpactsAssociated with the Auburn Gateway
Project", Herrera, 2003) and the discharge is all directed to either South 277th Street
EIS Scenario 3a) or split evenly between South 277th Street and D Street NE (EIS
Scenario 3b), then additional downstream drainage analysis shall be required as
directed by the City Engineer prior to issuance of a permit for vertical construction.
If all the storm drainage discharge from the project is directed to South 277th Street
EIS Scenario 3a) the applicant shall design the master planto include the following
storm drainage improvements for any phase of development:
Replace the existing storm drainage pipelocated in D Street NE with a 36-inch
pipe in D Street NE from South 277th Street to Auburn Way North.
Themaster storm drainage plan shall also define which improvements are to be
constructed concurrent with each phase of the project (North Phase, South Phase, or
Combined North and South Phases)
Exhibit 1, page 10
ORD.B
Water
2. Prior to issuance of permit for vertical construction, the Applicant shall provide to the
City for review and approval a Water Master Plan for the combined North and South
Phases of the Project. Theplanshall include the approximate location and size of all
pipes, valves, and fire hydrants in conformance with the City's Comprehensive Water
Plan and Engineering Design Standards. The Water Master plan shall contain
sufficient information, including hydraulic analysis if deemed necessary by the City
Engineer, to demonstratethat thesystem layout is feasible and provides adequate fire
flow and system reliability
Themaster water planshall also define which improvements are to be constructed
concurrent with each phase of the project (North Phase, South Phase, or Combined
North and South Phases) as follows.
North Phase
Replace the existing 8-inch and 6-inchwater pipes with 12-inch waterpipe in
49th Street NE fromAuburn Way North toI Street NE.
Construct a new 12-inch water pipe along the extension of I Street NE between
49th Street NE and South 277th Street.
South Phase
Replace the existing 8-inch and 6-inch water pipes with 12-inch water pipe m
49th Street NE fromAuburn Way North to I Street NE.
Construct a new 12-inch water pipe along the extension of I Street NE between
45th Street NE and 49th Street NE.
Combined North and South Phases
The combined water system mitigation listed above for the North and South
Phases.
Sanitary Sewer
3 Prior to issuance of permit for vertical construction, the applicant shall provide to the
Cityfor review and approval a Sanitary Sewer Master Plan for the combined North
and South Phases of the Project. The planshall include the approximate location,
elevation, andsize of all pipes and manholes in conformance with the City's
Comprehensive Sanitary Sewer Plan and Engineenng Design Standards. The sanitary
sewer master plan shall contain sufficientinformation, including hydraulic analysis if
deemednecessary by the City Engineer, to demonstrate that the system layout is
feasible and iscapable of meeting city standards.
Themaster sanitary sewer plan shall also define which improvements are to be
constructed concurrent with each phase of the project (North Phase, South Phase, or
Combined North and South Phases).
Exhibit 1, page 11
ORD.B
Stone Drainage, Water, and Sanitary Sewer
4 Pnor to issuance of permit for vertical construction, the Applicant shall submit civil
utilities construction plans, consistent with the approved combined North and South
Phases of the
master storm drainage plan,
master water plan, and
master sanitary sewer plan
to the City for review and approval in conformance with the City's Engineenng Design
Standards.
Transportation
5 Pnor to issuance of permit for vertical construction, the Applicant shall provide a
master plan for pedestrian/non-motorized circulation to the Cityfor review and
approval. Themaster plan for pedestrian/non-motorized circulation shall be in
conformance with the City's engineenng design standards and provide an efficient and
safe pedestnan circulation system that providesappropnate crossing of I Street NE, D
Street NE, and 49th Street NE at places where pedestrian/non-motonzed crossings are
likely tooccur and wherecrossings can be safely accommodated with necessary
improvements to minimize travel distance. Themaster pedestrian circulation plan shall
specify the location and types of paths, the materials and methods to be used to
promote safety at street and dnveway crossings, and the framework of connections and
amenities to be developed, as described in the "Auburn Gateway Architectural and Site
Design Standards", BCRA Inc., October 2011
Themaster plan for pedestnan/non-motorized circulation shall also define which
improvements are to be constructed concurrent with eachphase of the project (North
Phase, South Phase, or Combined North and South Phases)
6 Prior to issuance of permit for vertical construction, the Applicant shall provide a
master transit plan to the City for review and approval. The plan shall be coordinated
with King County Metro Transit and shall include the approximatelocations of
existing and proposed transit stops andassociated facilities serving the Auburn
Gateway Project. The plan shall also address opportunities to provide weekday park &
ride spaces within the Auburn Gateway Project.
The master transit plan shall also define which transit improvements are to be
constructed concurrent with eachphase of the project (North Phase, South Phase, or
Combined North and South Phases)
7 Prior to the action indicated in the heading above, the Applicant shall provide a master
access and onsite vehicular circulation plan to the City for review and approval. The
plan shall be in conformance with the City's Engineering Design Standards and include
locations and dimensions of access points expected for all portions of the Auburn
Gateway project area. The access and onsite vehicular circulation planmust be
Exhibit 1, page 12
ORD.B
accompanied with a traffic analysisthatindicates commercial/delivery vehicleturmng
templates, emergency access lanes, and the volumes of traffic and levels of service
expected at each access location.
The master access and onsite vehicular circulation planshall also define which access
points are to be constructed concurrent with eachphase of the project (North Phase,
South Phase, or Combined North and South Phases).
Prior to issuance of permit for vertical construction, the Applicant shall provide a
master motorized public improvement plan to the City for review and approval.
The planshall be in conformance with the City's Engineenng Design Standardsand
include streets, traffic signals, and intersectionimprovements for all portions of the
Auburn Gateway project area.
The master motonzed improvement plan shall also define which street improvements
are to be constructed concurrent with eachphase of the project (North Phase, South
Phase, or Combined North and South Phases) as follows.
North Phase First
Widen South 277th Street to include two westbound through lanes, three
eastbound through lanes, paved shoulder, drainage systems, planting stnp and
12-foot wide paved non motorized trail between L St NE and Auburn Way
North.
Complete a traffic signal at the intersection of South 277th Street and I Street
NE including two traffic momtonng cameras. The signalizedintersection shall
consists of two westbound through lanes, two westbound left turn pockets,three
eastbound through lanes, one eastbound right turn pocket, and three northbound
turning lanes.
Complete one eastbound nght turn pocket at the intersection of South 277th
Street and D Street NE.
Complete one westbound nght turn pocket at the intersection of Auburn Way
North and South 277th Street.
Complete I Street NE from 49th Street NE to South 277th Street. This roadway
shall be designed to the city's minor arterial standard and include five travel
lanes (two lanes in each direction plus a raised landscape island with turn
pockets at intersections) and bicycle lanes. Auxiliary right-turn lanes may also
be required at driveways as identified in the master access and onsite vehicular
circulation plan.
Complete a traffic signal at intersection of I Street NE and
49th Street NE
including one traffic momtonng camera when the north, south, and west legs of
the intersection are each connected to through streets. The signalized
intersection shall be widened to facilitate northbound and southbound u-turns
and include a leg for the future eastward street extension of
49th St NE.
Complete 49th Street NE between Auburn Way North and the eastern property
line of the Auburn Gateway project area. This street shall be designed as a
Exhibit 1, page 13
ORD.B
minor artenal with three lanes (one lane in each direction plus a center left-turn
lane) and bicycle lanes.
Complete a traffic signal at the intersection of
49th Street NE and Auburn Way
Northincluding one traffic monitoring camera. The signalizedintersection shall
be widened to facilitate northbound and southbound u-turns.
Complete a traffic signal at the intersection of
45th Street NE and Auburn Way
North including one traffic momtonng camera when any traffic signal warrant
is met at this intersection up to two years after issuance of final occupancy of
full project build-out or prior to constructing a signal at the south development
access dnve at Auburn Way North.
Construct a cul-de-sac at southern terminus of D Street NE at Auburn Way
North and eliminate the vehicular connection to Auburn Way North.
South Phase First
Widen the south side of South 277th Street to include two westbound through
lanes, two eastbound through lanes, paved shoulder, drainage systems, planting
strip and 12 foot wide paved non motorized trail between L St NE and Auburn
Way North.
Complete one eastbound right turn pocket at the intersection of South 277th
Street and D Street NE.
Complete I Street NE from 45th Street NE to 49th Street NE. This roadway shall
be designed to a minor arterial standard and include five travel lanes (two lanes
in each direction plus a raised landscape island with turn pockets at
intersections) and bicycle lanes. Auxiliary right-turn lanes may also be
required at driveways as identified in the master access and onsite vehicular
circulation plan.
Complete A traffic signal at intersection of I Street NE and 49'h Street NE
including one traffic momtonng camera When the north, south, and west legs
of the intersection are each connected to through streets. The signalized
intersection shall be widened to facilitate northbound and southbound u-turns
and include a leg for the future eastward street extension of
49th St NE.
Complete 49th Street NE between Auburn Way North and the eastern property
line of the Auburn Gateway project area. This street shall be designed as a
minor artenal with three lanes (one lane in each direction plus a center left-turn
lane) and bicycle lanes.
Complete a traffic signal at the intersection of
49th Street NE and Auburn Way
Northincluding one traffic momtonng camera. The signalized intersection shall
be widened to facilitate northbound and southbound u-turns.
Complete a traffic signal at the intersection of 45th Street NE and Auburn Way
North including one traffic monitoring camera when any traffic signal warrant
is met at this intersection up to two years after issuance of final occupancy at
full project build-out or pnor to constructing a signal at the south development
access drive at Auburn Way North.
Complete a traffic signal at the intersection of 45th Street NE and I Street NE
including one traffic momtonng camera when any traffic signal warrant is met
Exhibit 1, page 14
ORD.B
at this intersection up to two years after issuance of final occupancy at full
project build-out.
Construct a cul-de-sac at southern terminus of D Street NE at Auburn Way
North and eliminate the vehicular connection to Auburn Way North.
Combined North and South Phases
Complete the combinedimprovements listed above for the North and South
Phases.
8 Pnor to issuance of permit for vertical construction, the Applicant shall submit civil
transportation construction plans, consistent with the approved combined North and
South Phases of the-
master pedestrian/non-motorized circulation plan,
master transit plan,
master access and onsite vehicular circulation plan, and
master motorized public improvement plan
to the City for review and approval in conformance with the City's Engineering Design
Standards.
Signage
9 Prior to issuance of permit for vertical construction, the Applicant shall submit a
master signage plan to establish locations sizes and matenals for all types of signage
to be used in subsequent phases (except traffic control signage) The master signage
plan shall be prepared in accordance with the provisions of ACC 18.56 030.K, in effect
as provided in the vesting provisions of the developmentAgreement between the City
and Developer The plan shall includecommercial and directional signage as well as
interpretive material such as information on wildlife near wetlands orhistoncal
information about the area. The plan shall be coordinated with the Auburn Gateway
Architectural and Site Design Standards document. The master signage plan shall be
recorded as required by ACC 18.56 030.M.
Project plans shall demonstrate that the proposed project is consistent with the
approved master signage plan. Modifications to the master signage plan may be
allowed by the Planning Directoronly after determining that thechanges are consistent
with the "Auburn Gateway Architectural and Site Design Standards", BCRA Inc.,
October 2011
Visual/Aesthetics
10 Project construction plans shall adhere to the document: "Auburn Gateway
Architectural and Site Design Standards", BCRA Inc., October 2011
11 Project plans shall incorporate principles of crimepreventionthroughenvironmental
design (CPTED) in all project designs. These include but are not limited to the
measures discussed in the "Auburn Gateway Architectural andSite Design Standards",
BCRA Inc October 2011
Exhibit 1,page 15
ORD.B
Noise
12. Pnor to the issuance of a permit for vertical construction, the Applicant shall prepare
and submit a noise control plan to be approved by the City of Auburn for areas in
which noise-generating equipment, such as mechanical equipment (i.e., heating,
ventilating, and air conditioning [HVAC] systems), loading docks, solid waste removal
areas, compactors, outdoorretail speakers, and backup power generators, cannot be
located away from noise-sensitive receivers. The City of Auburn may require noise
containment systems where necessary to meet the noise regulations. Pnor to the
issuance of a permit for vertical construction, the Applicant shall provide a binding
agreement to ensure that all subsequent applications for City approval shall meet
parameters of the approved noise control plan.
13 Project plans shall include the use of buildings, fences, berms, or large landscape
buffers toshield noise-sensitive receivers from onsite traffic noise.
14 Automobile fuel stations shall be located as far as possible from residential uses. If
located within 100 feet of residential uses, the City of Auburn may require additional
design measures to limit noise, odor, and glare impacts.
15 Outdoor activity areas such as eating and dunking establishments shall be locatedaway
from residential areas. If located closer than300 feet to a residential area the City of
Auburn may require design measures or operational restrictions to limit noise impacts
from late evening use.
E. Prior to Issuance of AnyBuilding Permits (allowing vertical
construction) for Residential Uses
Land Use
1 If residential uses are developed along D Street NE (or along vacated roadway), 49th
Street NE, or near Auburn Way North, provide landscape screemng on-site to limit the
visual impacts due to potentially more intensive uses in the adjacent C3, Heavy
Commercial zone.
2. The following mitigation measures shall be implemented for impacts on recreational
resources.
Implement the open space requirements descnbed in the "Auburn Gateway
Architectural and Site Design Standards", BCRA Inc., October 2011 through
project-level design review For residentialdevelopment, this should include
children's play equipment, tenniscourts, a fenced off-leasharea for pets, and/or
and open, level-lawn areas for free play or sport activities.
3 Pay City parkimpact fee inproportion to the level of residential development in the
Auburn Gateway Project Area prior to issuance of any building permit for residential
uses, unless deferred pursuantto city regulations.
Exhibit 1, page 16
ORD.B
F. Prior toany Issuance of Occupancy Permits within Either the
North or South Phase of the Project:
Storm Drainage, Water, and Sanitary Sewer
1 Prior to issuance of occupancy permits within either phase, the Applicant shall
complete all public utility construction in conformance with the approved civil
utilities construction plan andthe City's Engineering Construction Standards.
2. Pnor to issuance of occupancy permit within either phase, the City shall accept as
complete all publicutilities facilities indicated on the approved civil utilities
construction plans for operations and ownershipby the City
Transportation
3 Prior to issuance of occupancy permits within either phase, the Applicant shall
complete all construction in conformance with the approved civil transportation
construction plans and the City's Engineering Construction Standards.
4 Prior to issuance of occupancy permits within either phase, the City shall accept all
public transportation facilities indicated on the approved civil transportation
construction plans for operation and ownership by the City
5 Prior to issuance of occupancy permits within either phase, the Applicant shall provide
a conceptualdesign and associated engineer's estimate for construction of southbound
right turn lane or eastbound right turn lane at the intersection of Auburn Way North
and 37th St NE to the Cityfor review and approval. The applicant shall pay the
applicant's estimated proportional share of the estimated construction costs to the
City based on the approvedconceptual design andassociated engineersestimate.
6 Prior to issuance of occupancy permits within either phase, the Applicant shall provide
a conceptualdesign and associated engineer's estimate for construction of second
southbound through lane at the intersection of Harvey Road NE/M St NE and
8th St
NE to the City for review and approval. The applicant shallpay the applicant's
estimated proportional share of the estimated construction costs to the City based on
the approved conceptual design and associated engineersestimate
7 Prior to issuance of occupancy permits within either phase, the Applicant shall provide
a conceptualdesign and associated engineer's estimate for construction of new traffic
signal at the intersection of SE 304th St and
112th Ave SE including widening to
accommodate left turn pockets to the Cityfor review and approval. The applicant shall
pay the applicant's estimated proportional share of the estimated construction costs to
the City based on the approvedconceptualdesign andassociated engineersestimate.
8 Pnor to issuance of occupancy permits within either phase, the Applicant shall
demonstrate to the satisfaction of the City Engineer that the Applicant has made a good
faith effort to enter into a mitigation agreement with the appropriate jurisdiction (City
of Kent and/or King County) to participate in the improvement of the following
location in a manner that is suitableto the jurisdiction and consistent with the impacts
identified in the Final Environmental Impact Statement or subsequent environmental
Exhibit 1,page 17
ORD.B
documents. If an agreement is required, it shall be executed between the Applicant and
appropriate junsdiction prior to issuance of occupancy permits.
Intersection of Central Ave and S 259th St: Construction of additional
northbound right-turn lane.
Intersection of S 277th St and
55th St NE. Reconfigunng of lanes on westbound
S 277th ST to provide dual left turn lanes and a single through lane and
widening of
55th St NE to accommodate the dual left turn lanes.
Intersection of S 272' Stand Military Road. Reconfigure signal phasing on
north-south approaches fromsplit phasing to conventional signalphasing.
9 Prior to issuance of occupancy permits within either phase, the Applicant shall provide
to the City for review and approval future traffic signal warrant analyses at the
intersections of Auburn Way North and 45`h St NE and I St NE and 45` St NE, in
conformance with the Model Uniform Traffic Control Devices (MUTCD) The
analysis shall be conductedevery two years starting two years from the issuance of the
first occupancy permit for the Auburn Gateway Project development and shall continue
until any warrant is met at the intersections (see conditions for signal intersections
improvements herein) or until two years after issuance of final occupancy permit at full
project build-out.
10 Pnor to issuance of occupancy permits within either phase, the Applicant shall provide
to the Cityfor review and approval an employee and customer Transportation Demand
Management (TDM) program that includes a good faith effort to incorporate the
following strategies.
Provisions for a transportation coordinator, employeeshower facilities,
lockable bike racks, flexible work schedules, telecommunication opportunities,
onsite transit/carpool/vanpool information, preferred carpool and vanpool
parking, on site traffic reports, guaranteed rideprograms, and otherincentives
to encourage alternativetravel modes to SingleOccupancy Vehicles (SOV)
Signage
11 Prior to issuance of occupancy permits within either phase, the interpretive signage
materials identified in the master signplan shall be installedby the applicant and
inspected by the city, including information on wildlife near wetlands or historical
information about the area.
G. For the Life of the Project
Wetlands
1 If adverse effects on wetland hydrology are observed before the end of the wetland
monitoring period, modifications to stormwater and/or groundwater managementshall
be developed, submitted for City of Auburn approval, and implemented in order to
restore wetland hydrology
Exhibit 1, page 18
ORD.B
Noise
2 Truck delivenes and waste hauling activities shall be restricted to daytime hours in
areas where noise from these activities would adversely affect residential uses as
identified within the city approved noise control plan referenced in the preceding
condition.
Signage
3 All signs within the Auburn Gateway project area shall be consistent with the master
signage plan as approved by the City
General
4 For the purpose of the mitigation measures, the term "applicant" shall refer to the
current owners together with their heirs, assigns, and successors, of the property as
legally descnbed.
5 Any plan, study or analysis required to be submitted by the applicant may include an
incorporate byreference any existing document prepared as part of the environmental
review of this project. Any plan study or analysismay also be submitted separately or
as part of the permit application.
6 The Planning Director may interpret the words and meaning of the mitigation measures
in order to resolve conflicts in implementation. All words shall carry ther customary
and ordinary meaning unlessthe context clearly conveys a different meaning.
Exhibit 1, page 19
ORD.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6385
Date:
November 15, 2011
Department:
Planning and Development
Attachments:
Ordinance No. 6385
Planning Commission Public Hearing
Materials
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6385.
Background Summary:
Since the annexation of the Lea Hill area in January 2008, the City has been discussing
a master plan concept that would be applicable to institutional uses such as a
community college and potentially larger scale commercial uses. This conversation has
continued with the Planning and Community Development Committee (PCDC) further
refining the concept of a master plan process. Initial policy direction was provided by the
PCDC to staff.
Staff worked with the Planning Commission on the draft code amendment with the
Planning Commission providing feedback on the amendment at their August 2, 2011
meeting and holding the public hearing on September 7, 2011. The Planning
Commission recommended approval of the proposed code amendment with the
following changes:
Section 18.XX.030 add "and mitigation" to the end of subsection B.2.
Section 18.XX.030 add "including any approved extension" under subsection D
Section 18.XX.070 add "conceptual" before approval
Request that staff revise Incentive #2 under Table 18.XX.070.1 to make sure the
proposed incentive is measurable
The Planning and Community Development Committee reviewed and discussed the
Planning Commission recommendation at their September 26, 2011 meeting and
recommended approval of Ordinance No. 6385 at their November 14, 2011 meeting.
O3.4.2.1.2
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDORD.C
Finance, Planning And Community Development Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C
ORDINANCE NO. 63 8.5
AN, ORDINANCE OF'THE; CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 14.03.010 AND 14.03.030 OF THE
AUBURNCITY CODE RELATING TO PROJECT
PERMIT DECISIONS . AND ADDING ANEW
CHAPTER, CHAPTER 18.53 TO THE AUBURN CITY
CODE RELATING TO MASTER PLANS
WHEREAS, fromtime to time, amendments to the City of Auburn zoning
code are appropriate, in order to update and better reflect thecurrent
development needs and standardsof the City; and
WHEREAS, upon the annexation of Lea Hill on January 1, 2008, Green
River CommunityCollege is withinthecitylimits and the, City realized' that, a
master plan processmay benefit largerinstitutional uses toassist with long term
planning; and
WHEREAS, a master plan process allows for thelong term planningor
phased developments for certaintypes of land uses such as largerinstitutional or
commercial uses where thephased development can be planned holistically; and
WHEREAS, a master plan process allows for early and frequent public
involvement; and
WHEREAS, following proper public notice, the Planning Commission
considered the master plan code amendments at a public hearing on September
7, 2011; and
WHEREAS, after fully considering the testimony and information
presented at thepublic hearing, on October 18, 2011, the Planning Commission
Ordinance No. 6385
November 3, 2011
Pagel of 12
ORD.C
made its recommendations for code amendments to theCity of Auburn City
Council; and
WHEREAS, the Planning and Community Development Committee
reviewedthePlanning Commission's recommendation at their November 14,
2011 meeting and forwarded their recommendation to the City Council at their
November 28, 2011 meeting; and
WHEREAS, the environmental review on the proposal has been
completed in accordance with therequirements of the State Environmental Policy
Act (SEPA) with a final Determination of Non-significance (DNS) issued August
9, 2011; and
WHEREAS, pursuant to RCW 36.70A.106, the proposedzoning code
amendments were sent to the Washington State Department of Commerce,
Growth Management Services, and other state agencies as required for the 60-
day state review and acknowledgment received on August 16, 2011; and
WHEREAS, no comments regarding the proposed zoning code
amendments havebeen received from the Department of Commerce orother
state agencies; and
WHEREAS, the Auburn City Council find that the proposed amendments
provides a new process, through incentives, for larger institutional and
commercial uses to develop phasedprojects and engage in long termplanning
efforts.
Ordinance No. 6385
November 3, 2011
Page 2 of 12
ORD.C
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 14.03.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are
not subject to environmental reviewunder the State Environmental Policy Act
SEPA) codified at Chapter 43.21C RCW. Type I decisions include, but are not
limited to, the followingprojectapplications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permit;
D. Utility permit;
E. Special permit;
F. Excavation permit;
G. Land clearingpermit;
H. Grading permit;
I. Floodplain development permit;
J. Public facility extension agreement;
K. Right-of-way use permit;
L. Lotline adjustment;
M. Home occupationpermit;
N. Temporary use permit (administrative);
O. Administrative use permit;
P. Short subdivision (plat);
Q. Mobilehomeclosure plans
R. Extensions or minor amendment to an approved master plan. (Ord.
6295 § 1, 2010; Ord. 5746 § 2, 2003; Ord. 4835 § 1, 1996.)
Section 2. That section 14.03.030 of the Auburn City Code be and the
samehereby is amended to readas follows:
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing
examiner following a recommendation by staff. Type III decisions include, but are
not limited to, the following projectapplications:
A. Temporary use permit;
B. Substantialshoreline development permit;
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C. Variance;
D. Special exceptions;
E. Special home occupationpermit;
F. Preliminary plat;
G. Conditional use permit;
H. Surface mining permit
I. Master Plan. (Ord. 6295 § 1, 2010; Ord. 6184 § 3, 2008; Ord. 4835 § 1,
1996.)
Section 3. That a new Chapter 18.53 of the Auburn City Code be and
thesamehereby is created to readas follows:
Chapter 18.53
Master Plans
Sections:
18.53.010 Intent
18.53.020 Applicability
18.53.030 Approval Process and Effect of Approved Master Plan
18.53.040 PublicParticipation
18.53.050 DecisionCriteria
18.53.060 Componentsof the Master Plan
18.53.070 IncentiveBased Approach
18.53.080 Extensions
18.53.090 Revocations
18.53.010 Intent.
A. This Chapterestablishes standards and criteria for the developmentof
a Master Plan. Theprovisions of thisChapter are voluntary and incentive-based.
B. Themaster plan is intended to establish conditions with which all
concurrent and subsequent land use approvalsimplementing the master plan
shall comply. The master plan processprovides long term guidance for a large
area so that the continuity of theoverall development is maintained. Theprocess
allows for development to occur in phases wherecoordination of public facilities
is needed, when a master plan is needed to determine howbest to develop the
area, or when a master plan is needed to integrate various uses.
C. Use of a Master Plan is intended torecognizethevaluable role played
by public facilities such as educational and religious institutions as well as large
scale commercial development providing the community withneededservices.
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D. This Chapter provides thevehicle for large-scale, multi-phased
developments by obtaining conceptual approval of several projects at one time
and coordinating future provisions of infrastructure capacity. It allows the Cityto
plan for the extension/expansionof public infrastructure in a timely and efficient
manner.
E. The processes in this Chapter provide opportunities for adjacent
propertyowners, homeownerassociations, and businesses to evaluate the
cumulative impacts associated withthe full build outof large scale public facilities
and commercial developments. Theyallow for public input on the design and
development standards of theseprojectstominimize impacts to adjacent
properties and protect the character of the surrounding areas. They also ensure
that large scale public facilities and commercial developments are compatible
with community character and values.
18.53.020 Applicability.
A. Institutional Usessuch as communitycolleges, religiousinstitutions, or
public/privateschools on properties 5 acres or greater mayapply for a master
plan.
B. Commercial or mixed-use projects on properties 10 acres or greater
where the applicant plans a phased development over several years may apply
for a master plan.
C. Property includedwithinthe master plan shall be under the same
ownership or a signed agreement must establish controlover multiple
ownerships.
D. Amaster plan application may be combined with other applications
such as a rezoneor preliminary plat.
18.53.030 Approval Process and Effects of Approved Master Plan.
A. The initial approval of a master plan shall be a Type III Decision as
provided for in ACCSection 14.03.030.
B. The master plan can be approved for a maximum ten years with a
review by the City at year five. At yearfive, theCitywill review thefollowing:
1. Whether thephasing established under the original master plan still
meets the needs of the applicant.
2. Whether traffic substantially changed within the first fiveyears of the
master plan to an extentthat would warrant additionalreview and mitigation.
C. No laterthan six monthsprior to the end of thefifth year in the master
plan, the applicant shall conduct a neighborhoodreview meeting pursuant to
ACC 18.02.130.
D. The master plan, including any approvedextension, vests as to the
uses and standards contained in the master plan for the period of approval
except for development regulations related to public health and safetyissues,
including but not limited to building codes, firecodes, mechanical codes,
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plumbing codes, electrical codes, and property maintenance codes, which shall
vest upon theCity's acceptance of a completedpermitapplication for each
specific permit.
TheCity reserves the authority to impose new or different officially
adoptedregulations if, andto the extent required by, a serious threat to the public
health and safety, as determined by theCity. The City alsoreserves the
authority to impose new or different officially adoptedregulations, if federal or
state laws require new or different standards.
E. Subsequent project applications shall be consistent with the master
plan.
F. The master plan will be treated as a single site for purposes of
calculating impact fee credits per Section 19.04.060.
18.53.040 PublicParticipation
A. The applicant shall conduct at a minimum one neighborhood meeting
as provided for in ACC Section 18.02.130 prior tothe submittal of a master plan
application.
B. Public notification shall be provided in accordance with ACC Section
14.07.040, exceptthat notices shall be mailed to property owners within 500 feet
of the project site.
18.53.050 Decision Criteria
A. The proposed master planshall be consistent with the Auburn
Comprehensive Plan.
B. The proposed master plan shall comply with all applicable city codes.
If the proposal incorporateselements from the incentive-based approach outlined
in Section 18.53.060, development standards may be different from that of the
underlying zone.
C. There shall be sufficient capacity in the public transportation system to
support the development of all phases of the master plan either through existing
infrastructure, planned and programmed City improvementsthat are included in
the CIP to the transportation network (e.g. concurrency), and additional
improvements proposed in the master plan.
D. The master plan shall include provisions for theavailability of public
services such as transportation, water, sanitary sewer, storm drainage, police,
fire, and transit.
E. The master planshall show how the proposal protectsdesignated
resources such as significant trees and criticalareas, if applicable, in compliance
with city code.
F. All potential off-site impacts such as noise, glare, and traffic shall be
identified and mitigated to the extent practicableto bring the project within
adopted City standards.
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G. The proposed master plan shall be integratedwith adjacent land uses
through site design, landscaping, parking/trafficmanagement, and multi-modal
transportationelements that limit potentialconflicts between the proposed use(s)
and adjacent uses.
18.53.060 Components of theMaster Plan
The applicant shall submit a master plan application with the following
components and meeting the requirements on the applicablechecklist. The
review body (e.g. Hearing Examiner) may modify the proposal, particularly those
portions dealingwith development standards and review procedures.
A. The current and possible futureboundaries, includingthe boundaries
of each phase, of the use for the duration of the master plan.
B. A narrative that addresses the following:
1. The decision criteriaoutlined in ACC Section 18.53.050.
2. Description of present uses, affiliated uses, proposed uses, and
possible future uses for theprojectboundaries.
3. Description of present uses and affiliated uses for the adjacent
properties.
4. If residential unitsare proposed then minimum and maximum floor
areas, densities, and number of units shall be identified.
5. If office and/or commercial is proposed then minimum and maximum
floor area ratiosshall be identified.
C. A conceptual site plan shall be submitted meetingthe requirements of
the applicablechecklist.
D. A conceptual open space/recreation plan showingtree retention and
removal, recreation areas (if residential units are proposed,) and view corridors if
applicable.
E. Proposed standardsthat will control development of the possible future
uses that are in addition to or substitute for the requirements of the underlying
zone. The proposed standards will needto include at a minimum:
1. Height
2. Setbacks
3. Floor Area Ratiolimits
4. Landscaping requirements
5. Parking requirements
6. Signage
7. View corridors
8. Façade treatments
9. Other architectural design controls
F. Proposed development phases, probable sequence for proposed
developments, estimated dates, and interim uses of theproperty awaiting
development. The plan shall also address any proposed temporary usesor
locations of uses during construction periods.
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G. Information on the following items for each phase:
1. Traffic impactanalysis that addresses the requirements outlined in the
City's Engineering Design Standards.
2. Non-motorized plan showingpedestrian and bicycle connections
before, during, and afterimplementation of the master plan.
3. Parking study that showsthe projected peakparking demand, an
analysis of this demandcompared to proposed on-site and off-site parking
supply, potential impacts to the on-street parking system if applicable, and
proposed mitigation measures.
4. Circulation plan for all modes of transportation including the following:
a. The planned street system shall be compatible with the City's
Comprehensive Transportation Plan and Engineering Design Standards.
Development that is proposed in areas of the City that have a planned
street system, which is a part of the comprehensive plan or the City's six-
year plan, and any otherstreet plan, shall make provisions for such streets
and must not cause implementation of such street plans to become
unattainable.
b. Master Plans that are proposed in areas of the City that have planned
routes or facilities for bicycles, equestrian, or other non-motorized
transportation modewhich are a part of the comprehensive plan or the
City's six-year plan, and any otherstreet plan, shall make provisions for
suchroutes and must not prevent implementation of such routes.
c. When abutting vacant or underdeveloped land, new development shall
provide the opportunity for future connection to its interiorpathway system
through the use of pathway stub-outs, building configuration, or parking lot
layout. The proposed location of future non-motorized and pedestrian
connections shall be reviewed in conjunction with applicabledevelopment
approval.
d. Developments shall include an integrated non-motorizedcirculation
system thatconnects buildings, open spaces, and parkingareaswith the
adjacent street sidewalk system.
e. Pedestrian connections to existingor proposedtrails/pedestrian routes
on adjacent properties shall be provided unless there are physical
constraints such as sensitiveareas that precludetheconstruction of a
pedestrian connection.
5. The planned water, sanitarysewer, and storm drainage systems
compatible with the City's Comprehensive Utility Plansand in conformance with
the City's engineering design standards. The conceptual utility plans shallcontain
sufficient information to demonstrate that thesystem layouts and methods of
service are feasible. The Citymayalsorequire additionaldesign information
e.g. a preliminary drainage analysis) prior to approving theconceptual plans.
18.53.070 Incentive Based Approach
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Master plans are not a required process for large-scale developments.
However, master plansprovidethe vehicle for large-scale, multi-phased
developments to obtain conceptual approval of several projects at one time
coordinating future provisions of infrastructure, gather early public input, and
providethe applicant with a certain level of certainty for a multi-phased project.
The followingtable outlinesincentives for establishing a master planand can be
cumulativeincentives:
Table 18.53.070.1 Incentives
1. Complete a master plan Expedited permit review
Parking reductions
Expedited reviews for tenants
2. Building(s) comply with the One additional storybeyond the
International Green Building Code.' maximum height for the
underlyingzone for 50 percent of
the buildings in the development.
The applicant may also submit
for a 50% refund in thebuilding
plan review and inspection fees
oncetheminimumcertification is
achieved.
3. Inclusion of accessible public open Reduction in required
spaces/plazas and/or sustainable landscaping
landscaping approaches Less inspection/reporting (if
possible)
4. At least 50 % of the off-street One additional story beyondthe
parking for the development is maximum height for the
located in parking structures, some underlying zone for all buildings
or all of which may be above-grade in thedevelopment
as long as the parking garage does Residential floor area of up to
not front a public street. If the 4.0
parking garage does front a public Reduction in minimum parking
street, then the following standards standard
apply:
a. Include ground level details
such as plinths for columns,
projecting window sills,
kickplates.
b. Upper levels screened
architecturally with at least
two different elements.
1 The International GreenBuilding Code would need to be adopted by reference in Chapter 15.06
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5. Use of Low Impact Development Increased lot coverage than
what is permitted in the
underlyingzoning if open spaces
improved with swales,
permeablepavement.
18.53.080 Extensions and Modifications
A. An approved master plan may be extended beyondthe ten years for a
maximum of five additional yearsprovided:
1. The applicant shall submit a complete extensionrequest to thecity for
review not laterthan one year prior to the ten year expiration date.
2. The applicant shall demonstrate that the additional timeframe is
needed to complete thephasing of the originalapproved master plan.
3. The applicant shall demonstratethatthere will not be any additional
impactscreated by extending thetime frame.
B. An approvedmaster plan may be modified as follows:
1. A minor amendment to an approvedmaster plan may be applied for as
a miscellaneous administrativedecision processed as a Type I decisionpursuant
to ACC 14.03.010. A minor amendment is defined as not adding morethan 20
percent to the gross square footage of the master plan. Minor adjustments shall
be reviewed for consistency withthis chapter and theregulations of this title, as
well as the followingcriteria:
a. The adjustment maintainsthe design intentor purpose of the original
approval; and
b. The adjustment maintains thequality of design or productestablished by
theoriginal approval; and
c. The adjustment does not cause a significant environmental or landuse
impact on or beyond the site; and
d. The adjustment is not precluded by the terms of this title or by state law
from being decided administratively; and
e. Circumstances render it impractical, unfeasible, or detrimental to the
public interest to accomplish the subject conditionor requirement of the
master plan approval.
2. Major amendments are those that, when determined by theplanning
director, substantiallychange the basic design, layout, open space or other
requirements of the plat. When theplanning director determines a change
constitutes a major adjustment, a new application for a master plan is required
and shall be processed as a new and separateapplication.
18.53.090 Revocations
A. The planning director or designee may revoke orsuspend any permit
grantedunder this chapter if any of the followingconditions is found to exist:
1. Fraud in obtaining thepermit;
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2. Concealment or misrepresentation of any material fact on the
application or on any subsequent applications or reports;
3. The operation is found tobe in violation of the approvedplans,
conditions of approvals, or the terms of the permit and the owner has failed to
correct the violationafter proper notice thereof.
B. Theplanning director's or designee's decision can be appealed
pursuant to Section 14.13.010 and 18.70.050.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carryoutthe
directionsof thislegislation.
Section 5. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, orthe invalidity of the
application thereof to anyperson or circumstance shall not affect thevalidity of
the remainder of this ordinance, orthe validity of its application to other persons
or circumstances.
Section 6. Effective date. ThisOrdinance shall takeeffect and be
in force five days from and after its passage, approval and publication as
provided by law.
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INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, CityClerk
APP' (WED A' It ORM:
A at/lama
iel B. Heid, i- a
orney
Published:
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AGENDA BILL APPROVAL FORM
Agenda Subject: Proposed amendments to Auburn City Code related
to Master Plans (ZOA11-0005)
Date: August 30, 2011
Department: Planning and
Development
Attachments: See Exhibit list below. Budget Impact: N/A
Administrative Recommendation: Planning Commission to hold a public hearing on the proposed
Master Plan Code Amendment and make a recommendation to City Council.
Background Summary:
Since the annexation of the Lea Hill area in January 2008, the City has been discussing a master plan
concept that would be applicable to institutional uses such as a community college and potentially larger
scale commercial uses. This conversation has continued with the Planning and Community Development
Committee (PCDC) further refining the concept of a master plan process. Initial policy direction was
provided by the PCDC to staff.
A draft code amendment creating a master plan process was brought before the Planning Commission
for discussion at the August 2, 2011 meeting. The amendment outlines the master plan process,
applicability, length of the master plan approval, decision criteria, and an incentive based approach.
The September 7, 2011 Planning Commission meeting will involve a public hearing on the proposed code
amendments for the creation of a new zoning code chapter related a master plans. The Planning
Commission is advisory to the City Council and will make a recommendation to the City Council on the
proposed code amendment.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Chamberlain
Meeting Date: September 7, 2011 Item Number:
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Agenda Subject: Proposed amendments to Auburn City Code related
to Master Plans (ZOA11-0005)
Date: August 30, 2011
Page 2 of 5
A. Findings of Fact
1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
2. The proposed code amendment creates a new chapter in Title 18 related to a master
plan process. The amendment outlines the master plan process, applicability, length of
the master plan approval, decision criteria, modifications, and an incentive based
approach.
3. The proposed code amendment is supported by the City of Auburn Comprehensive
Plan.
4. A Determination of Non-Significance was issued for the proposed amendment creating a
master plan process on August 9, 2011. The 15-day comment period ended August 23,
2011 with no comments received. The appeal periods ends on September 6, 2011. As
of the writing of this report an appeal has not been filed.
5. One comment has been received related to the proposed code amendment from
Richard Weinman, Weinman Consulting LLC, on August 2, 2011. Changes to the
proposed code amendment have been made where appropriate.
6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this
agenda bill were sent to the Washington State Department of Commerce, Growth
Management Services, and other state agencies as required for the 60-day state review.
An acknowledgement letter was received on August 16, 2011. No comments were
received from Commerce or other state agencies as of the writing of this report.
7. Initial concepts were reviewed by the Planning and Community Development Committee
on March 8, 2010, May 24, 2010, and March 14, 2011 and the Committee provided initial
policy feedback to staff.
8. Staff presented the draft code language to the Planning Commission on August 2, 2011.
9. The public hearing notice was published on August 25, 2011 in the Seattle Times at
least 10-days prior to the Planning Commission public hearing scheduled for September
7, 2011.
10. The following conclusions support the proposed amendments to Title 18, Zoning,
creating a new zoning code chapter related to Master Plans scheduled for the Planning
Commission’s September 7, 2011 public hearing with a staff recommendation.
B. Conclusions
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following
public process is applicable:
18.68.030 Public hearing process
ORD.C
Agenda Subject: Proposed amendments to Auburn City Code related
to Master Plans (ZOA11-0005)
Date: August 30, 2011
Page 3 of 5
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on all
amendments to this title. The planning commission shall make a recommendation to the
city council who may or may not conduct a public hearing.
18.68.040 Public hearing notice requirements
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC
18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of
general circulation in the area, at least 10 days prior to the public hearing and by posting
the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper
of general circulation in the area, prior to the public hearing and by posting the notice in
three general public locations.
Comment:
The public hearing before the Planning Commission is scheduled for September 7, 2011
meeting the requirement under ACC 18.68.030. The public hearing notice was
published in the Seattle Times, the City’s official newspaper, on August 25, 2011 at least
10 days prior to the public hearing. The public hearing notice was also posted at City
Hall (25 West Main Street), the Customer Service Center (One East Main Street), and
on the City’s website meeting the requirement for posting the notice in three general
public locations.
2. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria
for text amendments to the zoning title. At a minimum, proposed text amendments are
to be consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The
proposed code amendment is supported by the following Comprehensive Plan
Objectives and Policies:
Objective 1.2 – To establish a procedure to assess the growth impacts of major
development proposals.
Comment:
The proposed master plan code amendment implements this objective by creating a
process that looks at large scale institutional and commercial developments holistically
to assess the growth impacts of these types of developments. The intent of the master
plan code is to provide long term guidance for a large scale development, provides the
opportunity to evaluate the impacts of all phases of the a large scale development at one
time while allowing an applicant to obtain approval for multi-phases at one time, and
provides the opportunity for early public involvement.
A master plan process allows the City to evaluate the growth impacts related to traffic,
utilities, and other services for a large scale development early in the process and
assists in future capital facility planning as well.
Policy GP-17: Flexible land development techniques including, but not limited to,
clustering and planned unit developments for the development of residential,
ORD.C
Agenda Subject: Proposed amendments to Auburn City Code related
to Master Plans (ZOA11-0005)
Date: August 30, 2011
Page 4 of 5
commercial, and industrial properties shall be considered to implement this
comprehensive plan.
Comment:
The proposed master plan process is a flexible development technique by allowing an
applicant to gain approvals of a multi-phased project at one time rather than approvals at
each phase. By developing a master plan for a large scale /multi-phased development,
the City is able to analyze the impacts upfront to transportation and utility infrastructure
while the applicant obtains certainty for their proposal. The proposed code amendment
establishes a master plan approval timeframe of ten years with potential for a five year
extension. This timeframe vests a development proposal to the standards in place at
project approval for all phases rather than having the potential of development
regulations changing over time impacting subsequent phases of a project unless state or
federal mandates change beyond the City’s control that require modifications to the
master plan.
Built into the proposed text amendment are incentives if an applicant chooses to go
through a master plan process. An applicant may achieve more density or additional
stories if certain development features are incorporated such as low impact
development.
Policy LU-5: Link together regionally significant land uses such as the SuperMall, Green
River Community College, Boeing, Emerald Downs, and commercial uses on Auburn
Way in a manner that enhances the regional stature of Auburn…
Comment:
The proposed master plan process would be applicable to institutional uses on sites with
a minimum of 5 acres, such as Green River Community College, and for commercial
uses on sites with a minimum of 10 acres, such as the SuperMall. The master plan
process could be useful for institutional uses that need to plan out capital investments
over a long period of time as well as larger scale commercial sites that could redevelop
in the future.
Planning out future improvements/developments over a ten year timeframe allows for a
holistic review of the development and how the project could link with significant regional
uses within the City.
Policy EN-17A: Encourage the use of low impact development techniques in public and
private development proposals in order to minimize impervious surfaces and improve
water quality.
Comment:
The proposed code amendment includes an incentive table that allows an applicant to
increase density and/or floor area (e.g. additional stories) and increased lot coverage
than what is permitted in the underlying zone if low impact development is incorporated
into the project.
ORD.C
Agenda Subject: Proposed amendments to Auburn City Code related
to Master Plans (ZOA11-0005)
Date: August 30, 2011
Page 5 of 5
Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed master
plan text amendment as presented by staff based on the findings of fact and conclusions.
Exhibits
Exhibit 1: Proposed Master Plan Code Amendment
Exhibit 2: Determination of Non-Significance and Affidavit of Publication
Exhibit 3: Environmental Checklist
Exhibit 4: Public Hearing Notice and Affidavit of Publication
Exhibit 5: Letter to Department of Commerce for 60-day State Review
Exhibit 6: Acknowledgment letter from Department of Commerce
Exhibit 7: Comment letter from Richard Weinman
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6391
Date:
November 15, 2011
Department:
Public Works
Attachments:
Ordinace No. 6391 incl Chapter 13.41
Revisions
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6391.
Background Summary:
Auburn City Code (ACC) 13.41 imposes a utility systems development charge (SDC) for
the purpose of recovering a fair share of the costs of providing existing utility system
infrastructure to serve new or redeveloped sites. The current SDC is calculated by the
amount of new impervious surface constructed on a site without consideration to the
stormwater management method used. The proposed revision to ACC 13.41 provides a
reduction in the SDC if Low Impact Development (LID) techniques are used. The
reduction is appropriate because the use of LID techniques more closely replicates
predevelopment flows, thereby reducing the hydraulic load on utility system
infrastructure, system maintenance and capital improvement needs.
O4.11, F4.3, A3.23.4
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:November 21, 2011 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D
ORDINANCE NO. 639 1
AN ORDINANCE OF THECITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 13.41 OF THE AUBURN CITY CODE
RELATING TO UTILITY SYSTEMS DEVELOPMENT
CHARGE
WHEREAS, the City Council has determined that it is reasonable and in
the public interest to enact and impose a utility systemsdevelopment charge for
the purpose of recovering a fair share of the costs of providing existing utility
system infrastructure to servenew customers or revised uses of existing
customers, and
WHEREAS, Low Impact Development storm water management andland
development practices are designed to replicatethe predevelopment hydrologic
functions, and
WHEREAS, replicating predevelopment flows reduces thehydraulic load
on theexistingstorm utility system infrastructure thereby reducing system
maintenance and capital improvement needs, and
WHEREAS, the City Council has determined that some system
development charge credit be allowed for use of Low Impact Development
practicesbecause they can reduce theimpacts on City storm utility infrastructure.
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Chapter 13.41 of the
Auburn City Code beand thesame hereby is amended to read as follows:
Ordinance No. 6391
November 7, 2011
Page 1 of 7
ORD.D
Chapter 13.41
UTILITYSYSTEMS DEVELOPMENT CHARGE
Sections:
13.41.010 Definitions.
13.41.020 Purpose.
13.41.030 Utility systems development charge imposed—Rates—Review.
13.41.040 Collection.
13.41.050 Credits.
13.41.060 Segregation and use of revenues.
13.41.070 Appeals.
13.41.080 Scope.
13.41.010 Definitions.
As used in this chapter, unless the context otherwiserequires:
A. "Capacity facilities" includes but is not limited to:
1. Water system infrastructure including: water sources, treatment facilities, interties,
pump stations, pressure reducing stations, standby generators, reservoirs, distribution, and
transmission mains and appurtenances needed for distribution, fire protection and pressure.
2. Sanitary sewer system infrastructure including: lift stations, standbygenerators, force
mains, conveyance lines and appurtenances needed to collect and transport sewage for
treatment and disposalor to eliminate a storm and sanitary sewercross connection.
3. Storm drainage system infrastructure including: pumpstations, standbygenerators,
storage facilities, water quality facilities, stream, creek orriver improvements and conveyance
lines neededto collect, transport and disposeof storm drainage, eliminate storm and sanitary
sewercrossconnections, eliminate storm and surface water flooding and water quality problems,
and treatment and disposalfacilities.
B. "Impervious surface," for the purposeofcalculating a system development charge and
onlyas it pertains to this chapter, means a hard surface area that prevents the entry of water into
the soil mantle. Common impervioussurfaces include, but are not limited to, roof tops, walkways,
patios, concrete or asphalt paving. Open, uncovered, retention/detention facilities shall not be
considered as impervious surfaces for the purpose of SDC feecalculation.
C. "Utility systemsdevelopment charge" is a charge imposed on new customers, or existing
customers revising use of their property, in recognitionof the previous investment of the city and
its customers in the utility systems. (Ord. 6341 § 1, 2011; Ord. 6283 §2, 2009; Ord. 5801 § 1,
2003; Ord. 4830 § 1, 1996; Ord. 4479§ 2, 1990; Ord. 3510§2, 1980.)
D. "Parcel, non-single-family" means any parcel of developed land other than single-family
or two-family(duplex) residential
E. "Low impact development (LID)" means a storm water management and land
development strategy that emphasizesconservation and use of on-site natural features
Ordinance No. 6391
November 7, 2011
Page 2 of 7
ORD.D
integrated with engineered, small-scale hydrologic controls to more closely mimic
predevelopment hydrologic functions. Common LID designs include, but are not limited to,
bioretention areas, vegetatedrooftops, porous asphaltpavement and porous concrete as
designed in accordance withthe City of Auburn Surface Water Management Manual and 2005
Low Impact TechnicalGuidance Manual for Puget Sound published by the PugetSound Action
Team ormost recent update.
13.41.020 Purpose.
The city council has determined that it is reasonable and in the public interest to enact and
impose a utility systemsdevelopment charge forthe purpose of recovering a fair share of the
costsof providing existing utility system infrastructure to serve new customers or reviseduses of
existing customers. The intent is to reimburse the city's utility for the cost of construction of
availablecapacity sanitary sewer, water and storm drainage facilities from those properties, which
as part of their development and use create direct or indirect needs for thosefacilities. The city
councilfindsthat the public wouldbenefitfrom a logical long-range approach to the financingof
necessarygeneral facilities. Experience has demonstrated that the lack of such provision casts
an unfair and unexpected burden on taxpayers and residences in the form of utility rates, taxes,
bond interest costs and assessments when core, general or central facilities becomeinadequate,
causing a crisis. Operating from crisis to crisis is wasteful, unsafe and not an acceptable method
of operating local government; and debt financing should be minimized wherever possible. (Ord.
6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 1,
1980.)
13.41.030 Utility systems development charge imposed—Rates—Review.
A. A sanitary sewer and water utility systems development charge is imposed upon all
lands inside the boundary of the city, and all lands outside theboundary of the city which utilize
eithersanitary sewerfacilities or waterfacilities or both of the city, and a storm drainage utility
systemsdevelopment charge is imposed upon all lands in the city, except those lands exempted
under this chapter, which fees and charges shall be as setforth on the city of Auburn fee
schedule.
B. The utility systemsdevelopment charge as set forth in the city fee schedule will be
computed to consider the future and/or current valueof the utilitysystem's fixed assets, excluding
contributions by developers, and outstanding bonded indebtedness, and will also consider an
appropriate service unit.
C. Theutility systemsdevelopment charge imposed shall be reviewed annually by the city
council and the charges may be revised to reflectchanges in utility asset value, depreciation of
the utility system fixed assets, bonded indebtedness, and the number of ERU, RCE or ESU
customers served. (Ord. 6341 § 1, 2011; Ord. 5819 §4, 2004; Ord. 5801 § 1, 2003; Ord. 5709
Ordinance No. 6391
November 7, 2011
Page 3 of 7
ORD.D
1, 2002; Ord. 5619 § 2, 2001; Ord. 5125 § 2, 1998; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990;
Ord. 3510§ 1, 1980.)
13.41.040 Collection.
The water, sanitary sewer and storm drainage utilities systemsdevelopment charges are
immediately due and payable upon obtaining a permit for connection to the city utility. Systems
development charges for parcelsthat will utilizeinfiltration for storm water disposal are
immediately due and payable upon obtaining a building permit to develop theparcel.
A. For residential development for new development, redevelopment or a change in use,
duringthe effective period of April4, 2011, through April 4, 2013, and prior to issuance of a permit
application, the applicant may elect to record a covenant against title to the property on forms
prepared and provided by the city thatrequires payment of water, sanitarysewer and storm
drainage developmentcharges due and owing, lessany credits awarded, by providing for
automatic paymentthrough escrow ofthese development charges due and owing tobe paid no
later than at time of closing of the sale of the unit or at final inspection or issuance ofcertificateof
occupancy or 18 monthsfrom thedate of issuance of the original building permit, whichever
comes first. Failure topay shallresult in the following:
1. If 30 days after thecity has sentthe responsible party writtennotification of its
obligation to pay the charges established in this chapter the full amount remains unpaid, the
responsible party shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065.
Writtennotification shall be by regular and certified mail andto themost current available contact
information on file with thecity. Forthe purposesof applying ACC 1.25.030 and 1.25.065, the
responsible party shall constitute a property owner, the property(ies) for which a permit(s) has
been issued shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remainingunpaid shall constitute a violationoccurring on the permittedproperty(ies)
under these sections.
2. Anyunpaid charges adopted by this chapterthat are outstanding 30 days from the
date thecharges are due shall constitute alien against the property(ies) for which a permit(s)
havebeenissued in the amount of the unpaid charges. In addition to the actions authorized in
subsection (A)(1) ofthis section, the city may record a lien against thepermittedproperty(ies) in
the amount of the unpaid charges and may immediately suspend any permits previously issued
for the lot or unit associated with the current development activity and shall limit the granting of
any future permitsfor the lot or unit untilsuch time that all outstanding water, sanitary sewer and
stormdrainage development charges are paid in full.
3. The appeals process authorized in ACC 13.41.070 shall not apply to determinations
made pursuant to this section.
B. For nonresidential development composedof new development, redevelopment or a
change in use and inclusive of commercial office and retailuses, light and heavy manufacturing
uses, but excluding warehousing and distribution uses, and institutional development including
Ordinance No. 6391
November 7, 2011
Page 4 of 7
ORD.D
but not limited to public and privateschools and colleges and hospitals, duringtheeffective
period of April 4, 2011, through April 4, 2013, and prior to the issuanceof any permit application
and following the executionof a payment agreement on formsprepared and provided by the city,
the applicant may elect topay water, sanitarysewer and storm drainagedevelopment charges
due and owing, lessany creditsawarded, no later than prior to issuance of certificateof
occupancy or 18 monthsfrom the date of issuance of the original buildingpermit, whichever
comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party writtennotification of its
obligation to pay thecharges established in this chapterthe full amount remains unpaid, the
responsible party shall be subject tothe enforcement provisionsofACC 1.25.030 and 1.25.065.
Writtennotification shall be by regular and certified mail andto the most currentavailablecontact
information on filewith the city. For the purposes ofapplyingACC 1.25.030and 1.25.065, the
responsible partyshall constitute a property owner, the property(ies) forwhich a permit(s) has
been issued shall constitute the property(ies) on whichthe violation is occurring, and the impact
fee amountremaining unpaid shall constitute a violationoccurring on the permitted property(ies)
under these sections.
2. Anyunpaid charges adopted by this chapter that are outstanding 30 daysfrom the
date the charges are dueshall constitute alien against the property(ies) for which a permit(s)
have been issued in the amount of the unpaid charges. In addition to the actionsauthorized in
subsection (B)(1) of this section, the city mayrecord a lien againstthe permittedproperty(ies) in
the amount of theunpaid charges and may immediately suspend any permits previously issued
for the lot or unit associated withthe current development activityand shalllimit the granting of
any future permits for the lot or unituntil such timethat all outstandingwater, sanitarysewer and
storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 13.41.070 shall not apply to determinations
made pursuant to this section. (Ord. 6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996;
Ord. 4479§ 2, 1990; Ord. 3610 §2, 1981; Ord. 3510§4, 1980.)
13.41.050 Credits.
All system development charge credits shall be documented in writing as negotiatedbetween
the land developer and the city engineer.
A. If a developer provides a capacity facility thatbenefitsotherproperties as identified within
the appropriate utility comprehensive plan, a systemsdevelopment chargecredit may be granted
under the provisions of this chapter.(Ord. 6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord. 4830 § 1,
1996; Ord. 4479 §2, 1990; Ord. 3510§ 5, 1980.)
B. If a developer of any non-single-family parcel development as defined in ACC
13.41.010D, provides Low ImpactDevelopment (LID) facilities as defined in ACC 13.41.010E, to
manage on-site storm water then a credit shall be granted of up to 70% of the totalamount of the
system development charge. The creditamount is equal to the ratio (expressed as a percentage)
Ordinance No. 6391
November 7, 2011
Page 5 of 7
ORD.D
of thetotal impervious:surface area managed by LID to the total area ofimpervious surface of the
development.
13.41.060 Segregation and use of revenues.
All funds derived from the utility systemsdevelopment charge are to be segregated by
appropriate approved accounting practicesfrom all otherfunds of the'city, and that portion of the
utility systemsdevelopment charge calculated and collected on accountof a utility shall be used
for no other purpose than replacement, majorrepair, installing, constructing, and extending
capacity facilities of the utility. (Ord. 6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord. 4830 § 1,.1996;
Ord. 4479§2, 1990; Ord. 3510§6, 1980.)
13.41.070 Appeals.
Appeals of the public works director's determinations made pursuant to this chapter shall be
filed with the public works department andshall be heard by the city's hearing examiner pursuant
to Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision being
appealed wasconsistent with applicable state law and city codes. The hearing examiner's
determination shall be finalunless appealedto the superior court of thecounty in which the
property subject to the utility system developmentcharges is located within the cityofAuburn, in
accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being
filed withthecity clerk within 30•days after issuanceof the decisionof the hearing examiner. (Ord.
6341 § 1, 2011; Ord. 6182 § 3, 2008; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2,
1990; Ord. 3510 § 7, 1980.)
13.41.080 Scope.
Theutility systemsdevelopment charge provided for in this chapter is separatefrom and in
addition to anyapplicable tax, assessment charge, or other feeotherwise provided by law. (Ord.
6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4493 § 2, 1991; Ord. 3510 § 8,
1980.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrativeprocedures as may be necessary to carryoutthe
directions of thislegislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause,-sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to anyperson or circumstance shall not affect the validity of
Ordinance No. 6391
November 7, 2011
Page 6of7
ORD.D
the remainder of this ordinance, orthe validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall takeeffect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP'O ED Aim:
14L4 __
iel B. Heil N ttol e
Published:
Ordinance No. 6391
November 7, 2011
Page 7 of 7
ORD.D
Chapter 13.41
UTILITYSYSTEMSDEVELOPMENT CHARGE
Sections:
13.41.010 Definitions.
13.41.020 Purpose.
13.41.030 Utility systems development charge imposed—Rates—Review.
13.41.040 Collection.
13.41.050 Credits.
13.41.060 Segregation and use of revenues.
13.41.070 Appeals.
13.41.080 Scope.
13.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A."Capacityfacilities"includes but is not limited to:
1.Water system infrastructure including:water sources,treatmentfacilities, interties, pump
stations, pressure reducing stations, standbygenerators, reservoirs,distribution, and
transmission mains and appurtenances needed for distribution,fire protection and
pressure.
2. Sanitarysewersystem infrastructure including: lift stations, standby generators,force
mains, conveyance lines and appurtenances needed to collect and transport sewage for
treatment and disposal or toeliminate a stormand sanitarysewercrossconnection.
3. Storm drainage systeminfrastructureincluding: pump stations, standby generators,
storage facilities,water qualityfacilities, stream, creek or river improvements and
conveyance linesneeded tocollect,transport and dispose of storm drainage, eliminate
storm and sanitarysewer cross connections, eliminate storm and surface water flooding
and water quality problems, and treatment and disposal facilities.
B."Impervious surface,"for the purpose ofcalculating a system development charge and only as
it pertains to this chapter, means a hard surface area that prevents the entry of water into the soil
mantle. Commonimpervious surfaces include, butarenotlimited to, roof tops,walkways, patios,
concrete or asphalt paving. Open, uncovered, retention/detention facilities shallnot be considered
as impervious surfaces for the purpose of SDC fee calculation.
C. "Utility systems development charge"is a charge imposed on new customers, or existing
customers revising use of their property, in recognition of the previous investment of the city and
ORD.D
its customers in the utility systems. (Ord.6341 § 1, 2011; Ord. 6283§2, 2009; Ord. 5801 § 1,
2003; Ord.4830§ 1, 1996; Ord. 4479§2, 1990; Ord. 3510§2, 1980.)
D. "Parcel, non-single-family" means any parcel ofdeveloped land otherthan single-family or two-
family(duplex) residential
E. "Low impact development(LID)"means a storm water management and land development•
strategy --- ••e - •- e- -*e ---- ...e'that emphasizes conservation anduse of on-
sitesite natural features integrated with engineered, small-scalehydrologic controls to more closely
mimic predevelopment hydrologicfunctions. Common LID designs include, butare not limitto,
bioretention areas, vegetatedrooftops, porous asphalt pavement and porousconcrete as
designed in accordance with the City of Auburn Surface WaterManagement Manual and 2005
Low Impact TechnicalGuidance Manual for Puget Sound published by thePuget Sound Action
Team or most recent update.
13.41.020 Purpose.
The city councilhas determined that it is reasonable and in the publicinterestto enact and
impose a utility systemsdevelopment charge for the purposeofrecovering a fair share of the
costs of providing existing utilitysystem infrastructure to servenew customers or revised uses of
existing customers.The intent is toreimburse the city's utility for the cost of constructionof
availablecapacitysanitarysewer,water and storm drainagefacilities from thoseproperties,which
as part of theirdevelopment and use create direct orindirectneeds forthose facilities.The city
council finds that the public would benefit from a logicallong-range approach to the financing of
necessary general facilities. Experience has demonstrated that the lack of such provision casts
an unfair and unexpected burden on taxpayers and residences in the form of utilityrates, taxes,
bond interest costs and assessments when core, general or centralfacilities becomeinadequate,
causing a crisis. Operating from crisis to crisis is wasteful, unsafe and not an acceptable method
of operating local government; and debt financing should be minimized wherever possible. (Ord.
6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord.4830§ 1, 1996; Ord.4479§2, 1990; Ord. 3510§ 1,
1980.)
13.41.030 Utility systems development charge imposed—Rates—Review.
A.Asanitarysewer and water utility systemsdevelopment charge is imposed upon all lands
insidethe boundary of thecity, and all lands outside the boundary of thecity which utilize either
sanitary sewer facilities or water facilities or both of thecity, and a storm drainage utility systems
development charge is imposed upon all lands in the city, exceptthose lands exempted under
this chapter,whichfees and charges shall beas set forth on thecity of Auburn fee schedule.
B. The utility systemsdevelopment charge asset forth in the city fee schedule will be computed
to consider the future and/or current value of the utility system's fixed assets,excluding
ORD.D
contributions by developers, and outstanding bonded indebtedness, and willalso consider an
appropriate service unit.
C. The utility systemsdevelopment charge imposed shallbe reviewed annually by the citycouncil
and the charges may be revisedtoreflectchanges in utilityasset value, depreciation of the utility
systemfixed assets, bonded indebtedness, and the number of ERU, RCE or ESU customers
served. (Ord. 6341 § 1, 2011; Ord. 5819§4, 2004; Ord. 5801 § 1, 2003; Ord. 5709§ 1, 2002;
Ord. 5619§2,2001; Ord. 5125§2, 1998; Ord. 4830§ 1, 1996; Ord.4479§2, 1990; Ord. 3510§
1, 1980.)
13.41.040 Collection.
The water, sanitary sewer andstorm drainage utilities systemsdevelopmentcharges are
immediately due and payable upon obtaining a permit for connection to the cityutility. Systems
development charges for parcelsthatwill utilize infiltration for storm water disposal are
immediately dueand payable upon obtaining a building permitto develop the parcel.
A. For residential development for new development, redevelopment or a change in use, during
the effective period of April 4, 2011,through April 4,2013, and priorto issuance of a permit
application, the applicant may elect to record a covenant against title to the property on forms
prepared and provided by thecitythatrequirespayment ofwater, sanitary sewer and storm
drainagedevelopment charges due and owing, lessany creditsawarded, by providing for
automatic payment through escrow of these developmentcharges due and owing to be paid no
laterthan attime of closing of the sale of the unitorat final inspection or issuance of certificate of
occupancy or 18 months fromthe date ofissuanceof the original buildingpermit,whichever
comesfirst. Failure topayshall result in the following:
1. If 30 days after the city has sentthe responsible party written notification of its obligation
to pay the chargesestablished in this chapter the full amountremains unpaid,the
responsible party shall be subject to the enforcement provisions of ACC 1.25.030and
1.25.065.Written notification shall be by regular and certified mail and to themost current
available contact information on file with thecity. For the purposes of applying ACC
1.25.030and 1.25.065,the responsible partyshall constitute a property owner,the
property(ies)for which a permit(s)has been issued shall constitute the property(ies)on
whichthe violation is occurring, andthe impact fee amountremaining unpaidshall
constitute a violationoccurring on the permitted property(ies) underthesesections.
2.Any unpaid charges adopted by this chapter that are outstanding 30 daysfromthe date
the charges are due shall constitute a lien against the property(ies)for which a permit(s)
have been issued in the amount of the unpaid charges. In addition to theactionsauthorized
in subsection (A)(1)of this section,the citymay record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspendany
permits previously issued for the lot or unit associated with the current development activity
ORD.D
and shalllimitthe granting of any future permits for the lot or unit until such time that all
outstanding water, sanitary sewer andstorm drainagedevelopmentcharges are paid in full.
3. The appeals processauthorized in ACC 13.41.070 shallnot apply to determinations
madepursuant to this section.
B. For nonresidential development composed of new development, redevelopment or a change in
useand inclusive of commercial office and retailuses, light and heavy manufacturing uses, but
excludingwarehousing and distributionuses, and institutional development including butnot
limited to public and privateschools and colleges and hospitals, during the effective period of
April 4, 2011,throughApril 4, 2013, andprior to the issuance of anypermit application and
followingtheexecution of a paymentagreement on forms prepared and provided by the city, the
applicant may elect topay water, sanitary sewer and storm drainagedevelopmentcharges due
and owing, lessany credits awarded, no laterthanprior toissuance of certificate of occupancy or
18 monthsfrom the date of issuance of the original buildingpermit,whichever comes first. Failure
to pay shall result in the following:
1. If 30 days after the cityhas sent the responsible party written notificationof its obligation
to pay the charges established in this chapter the full amountremains unpaid, the
responsible partyshall be subject to the enforcement provisions of ACC 1.25.030 and
1.25.065.Writtennotification shall beby regular and certified mail and to the most current
available contact information on file with the city. Forthe purposes of applying ACC
1.25.030 and 1.25.065,the responsible party shall constitute a property owner,the
property(ies)for which a permit(s)has been issued shall constitute the property(ies)on
which the violation is occurring,and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permittedproperty(ies) underthesesections.
2.Any unpaid charges adopted by this chapter that are outstanding 30 days from the date
the charges are due shall constitute a lien against the property(ies)for which a permit(s)
have been issued in the amount ofthe unpaid charges. In addition to theactionsauthorized
in subsection (B)(1)ofthis section,thecitymayrecord a lien against the permitted
property(ies) in the amount of theunpaid charges and may immediately suspend any
permits previously issued for the lotorunit associated with the currentdevelopment activity
and shall limit the granting of any future permits for the lot or unit until such time that all
outstanding water, sanitary sewer and storm drainage development charges are paid in full.
3.The appealsprocess authorized in ACC 13.41.070 shall not apply to determinations
made pursuant to this section. (Ord.6341 § 1, 2011; Ord. 5801 § 1,2003; Ord.4830§ 1,
1996; Ord. 4479§2, 1990; Ord. 3610§2, 1981; Ord. 3510§4, 1980.)
13.41.050 Credits.
ORD.D
All system development charge credits shall be documented in writing as negotiated between the
land developer and thecity engineer.
A. If a developer provides a capacity facility thatbenefits otherproperties as identified within the
appropriateutilitycomprehensive plan, a systems development chargecredit may be granted
under the provisions of this chapter_, - _ =e- - -- -= =
i-Ord.
6341 § 1, 2011; Ord. 5801 § 1, 2003; Ord.4830§ 1, 1996; Ord.4479§2, 1990; Ord. 3510§5,
1980.)
B. If a developer of Aany non-single-family parcel development as defined in ACC 13.41.010D,
which-installs-provides LowImpact Development(LID)facilities as defined in AC C 13.41.010E,to
manage on-site storm water then shall be-granted a credit shall be granted
f up to 70%0 of the total amount of the system development charge. The
credit amount is equal tothe ratio(expressed as percent)•ddeterminedby the ratio of the total
impervioussurface area managed byLID divided-byto the total area of impervious surface of the
development.
13.41.060 Segregation and use Of revenues.
All fundsderivedfrom the utility systems.development charge are to be segregated by
appropriate approvedaccounting practices from all otherfunds of the city,and that portion of the
utility systemsdevelopment chargecalculated and collected on account of a utility shall be used
for no other purposethan replacement, major repair, installing,constructing, and extending
capacity facilities of the utility. (Ord. 6341 § 1, 2011; Ord. 5801§ 1, 2003; Ord.'4830§ 1, 1996;
Ord.4479§2, 1990; Ord. 3510§6, 1980.)
13.41.070 Appeals.
Appeals of the public works directors determinations made pursuant to this chapter shall be filed
withthe public works department andshallbeheard by thecity's hearing examiner pursuantto
Chapter 18.66 ACC. Determinations on appeals shall be basedon whether thedecision being
appealedwas consistent with applicable state law and citycodes.The.hearingexaminer's
determination shall be final unlessappealedto the superior court of the county in which the
property subject to the utilitysystem development charges is located within the city of Auburn, in
accordance with the procedures in,RCW 34.05.510 through 34.05.598, and with the appealbeing
filedwith thecity clerkwithin 30 days.afterissuance of the decision of thehearing examiner. (Ord.
6341 § 1, 2011; Ord.6182§ 3, 2008; Ord. 5801 §.1, 2003; Ord.4830§ 1, 1996; Ord.4479§2,
1990; Ord. 3510§7, 1980.)
13.41.080 Scope.
ORD.D
The utility systemsdevelopment chargeprovided for in thischapter is separate from and in
addition to any.applicable tax,assessment charge, or other fee otherwise provided by law. (Ord.
6341 ,§ 1, 2011; Ord. 5801 § 1,-2003; Ord.4830§ 1, 1996; Ord.4493§2, 1991; Ord. 3510§8,
1980.)
ORD.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6392
Date:
November 15, 2011
Department:
Planning and Development
Attachments:
Ordinance No. 6392
Vicinity Map
Quasi Judicial Memo
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6392.
Background Summary:
On March 10, 2010, the City Council passed Ordinance 6297 approving the rezone of
three adjacent parcels (Parcel Nos. 1221049041, 1221049042 and 1221409043) located
just north of 15th Street NW, and just to the east of State Route 167 in the City of
Auburn from C3, Heavy Commercial, to BP, Business Park. Condition No. 4 of the
Ordinance specified the following: "The general location of the proposed building to be
developed on the subject site shall be consistent with the conceptual site plan dated
February 5, 2010. The total area of any proposed building shall be limited to 95,000
square feet. The proposed storm drainage facility may increase depending on the
outcome of the final site plan review which could impact location of parking spaces and
will be reviewed as part of the final site plan review process. The project shall comply
with the retail space requirements of Condition 2(B)(1) of Auburn Ordinance No. 5607
The City of Auburn has received a development application for an industrial laundry
facility at the subject site that would have a first floor building square footage of 102,822
square feet and a total building square footage of 145,927 square feet. On May 18,
2011, the Planning Director determined that an institutional laundry service would be
consistent with janitorial services and is an allowed use in the zone if the application
shows compliance with all other provisions of Ordinance 6297 and that for purposes of
this rezone, building area would be calculated based on first floor square footage. The
proposed development exceeds the allowable building square footage by a total of 7,927
square feet or eight (8) percent. Condition 11 of the Ordinance states the following:
If changes to the language of the rezone 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 - less than 10% change - then the Committee
AUBURN * MORE THAN YOU IMAGINEDORD.E
shall make a recommendation to the City Council. If the change is major - greater than
10% modification - then the Committee shall refer the change to the Hearing Examiner.
The Hearing Examiner shall conduct a public hearing and make a recommendation to
the City Council. The Planning and Community Development reviewed the proposed
rezone change at their November 14, 2011 meeting and recommended approval to the
full City Council.
The Committee's and Council's consideration in this matter is considered to be quasi-
judicial requiring findings of fact and conclusions of law. Because this quasi-judicial
action was specified by previous Council action on this matter, the Committee and City
Council should conduct themselves in accordance with appropriate quasi-judicial
procedures. The City Attorney's Office will provide a separate memo on appropriate
quasi-judicial procedures applicable to this requested action.
O3.8 REZ09-0003
Reviewed by Council Committees:
Planning And Community Development Other: Finance
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:ORD.E
AUBURN * MORE THAN YOU IMAGINEDORD.E
ORDINANCE NO 6392
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE FIORITO
BUSINESS PARKREZONE APPROVED UNDER
ORDINANCE NO 6297
WHEREAS, Application No REZ09-0003 has been submitted to the City Council
by the Fiorito Brothers, Inc. requesting the rezoning of real property located at
15th
StreetNW and M StreetNW and designated by parcel numbers 1221049041,
1221049042, and 1221409043 , and
WHEREAS, the City Councilapprovedthe Fiorito Business Park Rezone,
Application No REZ09-0003, on March 15, 2010 by Ordinance No 6297, and
WHEREAS, Ordinance No 6297 specified a maximum buildingarea of 95,000
square feet; and
WHEREAS, Ordinance No 6297established a process for amending the
buildingarea in the future, and
WHEREAS, that amendment process established that changes shall be
reviewed by the Planning and Community Development Committeeof the City Council,
or its successor If the change is minor--less than 10% change--thenthe Committee
shall make a recommendation to the City Council If the change is major--greater than
10% modification--then theCommittee shall refer thechange tothe Hearing Examiner
TheHearing Examiner shall conduct a public hearing and make a recommendation to
the City Council, and
Ordinance No 6392
November 17, 2011
Page 1
ORD.E
WHEREAS, theproposed change to the rezone is an increase in building
footprint square footage of 7,927 square feet which is an increase of eight percent; and
WHEREAS, on November 15, 2011 thePlanning and CommunityDevelopment
Committee of the City Council reviewed the proposedrezone change of increased
building square footage and recommendedapprovaltothe full City Council, and
WHEREAS, on November 21, 2011 the Auburn City Councilconsideredthe
proposedrezone change of increased building square footage as recommended by the
Planning and Community DevelopmentCommittee
NOW, THEREFORE, THE CITYCOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. The City Council ("Council) adopts and approves the Business Park
Rezone change of increased building square footage
Section 2. TheCouncil adoptsthefollowing Findings of Fact and Conclusions
of Law.
FINDINGS OF FACT
1 Ordinance No 6297established the followingprocess for amendments to this
Business Park rezone to occur as follows.
a The Planning Director mayinterpret the words and meaning of the certain
conditions in order to resolve conflicts in implementation
b If changes to the language of the rezone are required, such proposed
changes shall be reviewed by the Planning and CommunityDevelopment
Committee of the City Council, or its successor If the change is minor--less
than 10% change--then theCommittee shall make a recommendation to the
City Council If the change is major--greater than 10% modification--then the
Committee shall refer the change to the Hearing Examiner The Hearing
Examiner shall conduct a public hearing and make a recommendation to the
City Council
Ordinance No 6392
November 17, 2011
Page 2
ORD.E
c. Amendments to the rezoneshall only be initiated by thepropertyowner orthe
City
2 The City received a development application for an industriallaundry facility at
the subject site on September 2, 2011
3 Theproposedbuilding footprint square footage of 102,822 square feet exceeds
the allowable square footage established by Ordinance No 6297 by 7,927
square feet or eightpercent.
4 The Planning and CommunityDevelopment Committee reviewed the proposed
rezone change at their regularly scheduledmeeting on November 14, 2011 and
recommended approval to thefull City Council
5 The Business Park Rezone approvedunderOrdinance No 6297consists of
three adjacent parcels (Parcel Nos 1221049041, 1221049042, and
1221049043) located just north of
15th Street NW and just east of SR 167
6 The environmental impacts of the proposed project have been reviewed and
analyzed ADetermination of Non-Significance (DNS) was issued on October 6,
2011 The City received two comment letters during the comment period No
appealswere filed and the DNS is final
CONCLUSIONS OF LAW
1 The subject property is zoned Business Park (BP) and subject to Ordinance No
6297
2 Ordinance No 6297 established a process for amendments to the Fiorito
Business Park Rezone as follows
a ThePlanning Director may interpret the words and meaning of thecertain
conditions in order to resolve conflicts in implementation
b If changes to the languageof the rezone 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--
less than 10% change--then the Committee shall make a
recommendation to the City Council If the change is major--greater than
10% modification--then the Committee shall refer the change to the
Hearing Examiner The Hearing Examiner shall conduct a public hearing
and make a recommendation to the City Council
Ordinance No 6392
November 17, 2011
Page 3
ORD.E
c Amendments to the rezoneshall only be initiated by thepropertyowner or
the City
On May 18, 2011 the Planning Directordetermined that an institutional laundry
servicewould be consistent with janitorial services and is an allowed use in the
zone if the application shows compliance with all otherprovisionsofOrdinance
No 6297 and thatfor purposes of this rezone, building areawould be calculated
based on firstfloor square footage
3 As discussed in Finding 6, the environmental impacts of theproject have been
addressedthrough theissuance of a DNS that became final on November 4,
2011 at 5 OOpm with no appeals filed
4 The conditions of approval outlined in Ordinance No 6297 are still in effect.
Section 3. Upon the passage, approval, and publication of this Ordinance as
provided by law, the City Clerk of the City of Auburn shall causethisOrdinance tobe
recorded in the office of the King CountyRecorder
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance or any of the Zoning Map amendmentsadopted herein, is for any reason
held invalidor unconstitutional by any Court of competentjurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holdingshall not
affect the validity of the remainingportions thereof
Section 5. TheMayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directivesof thislegislation
Section 6. This Ordinance shall take effect andbe in force five daysfrom and
after its passage, approval, and publication as provided by law
Ordinance No 6392
November 17 2011
Page 4
ORD.E
INTRODUCED
PASSED
APPROVED
Peter B Lewis
MAYOR
ATTEST
Danielle E Daskam,
City Clerk
APPROVED AS TO FORM
I p
olm k ,
Daniel B Heid,
City Attorney
Published
Ordinance No. 6392
November 17, 2011
Page 5
ORD.E
836
Vicinity Map HCSA Laundry Facility
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
11/9/2011
ft0
Parcels
ORD.E
ORD.E
ORD.E
ORD.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4756
Date:
November 15, 2011
Department:
Planning and Development
Attachments:
Memorandum for Res No. 4756
Resolution No. 4756 and Development
Agreement
Attachment "4" to DA
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4756.
Background Summary:
See attached Agenda Bill.
O3.4.2.1.2, O3.6
Reviewed by Council Committees:
Finance, Municipal Services, Planning And Community Development, Public Works
Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4756: Development Agreement with Auburn Properties
Inc. Related to the Auburn Gateway Project
Date:
November 15, 2011
Department: Planning and
Development
Attachments: Resolution No. 4756
Exhibit A - Development Agreement
(DA)
Attach. #1 to DA - Property Legal
Descriptions
Attach. #2 to DA – Site Plan
Attach. #4 to DA – Auburn Gateway
Architectural & Site Design Standards
Budget Impact: N/A
Administrative Recommendation: Approve Resolution No. 4756 based on Findings of Fact and
Conclusions of Law as presented by staff
Background Summary:
For the last several years, City of Auburn staff has been negotiating with Robertson Properties Group
(RPG) that is directly affiliated with Auburn Properties, Inc. on future development of approximately 70
acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and
North of 45th ST NE consisting of the Valley 6 Drive-In Theater site and surrounding properties owned by
Robertson Properties Group (RPG) and hereafter referred to as the Auburn Gateway Project. The efforts
around these negotiations have included the preparation of Environmental Impact Statement (EIS)
documentation, amendments to the City’s Comprehensive Plan and Zoning Code to authorize and apply
the Mixed Use Commercial Zone (C-4), preparation of a draft Development Agreement and preparation of
a draft Planned Action Ordinance.
Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that
authorized a four-month continued conditional effectiveness of the Comprehensive Plan and C-4 zoning
to the Auburn Gateway Project. The comprehensive plan and zoning designations applied to the Auburn
Gateway Project are conditioned upon the successful execution of a development agreement between
the City and Robertson Properties Group. The designations do not become permanent until the City
Council approves a development agreement. Planning and Development, Public Works and Legal
Department staff has been actively working with Robertson Properties Group to complete required
studies, negotiations and documentation in order to provide the City Council with substantive policy
making opportunities that would facilitate the phased development of the Auburn Gateway Project.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Norman Staff: Snyder
Meeting Date: November 21, 2011 Item Number:
RES.A
Agenda Subject: Resolution No. 4756: Development Agreement with
Auburn Properties Inc. Related to the Auburn Gateway Project
Date: November 15, 2011
As previously discussed with the City Council, the development agreement proposed for Auburn
Gateway is vested under the provisions of Chapter 14.21 (Development Agreements) that was
repealed by City Council’s approval of Ordinance No. 6187.
Criteria
Auburn City Code 14.21.010.B (Nonresidential or Mixed Use Projects) which is applicable to this
project specifies that the City may consider a development agreement for a nonresidential or
mixed use project in areas designated for office, commercial, industrial or institutional use in the
comprehensive plan, or in a designated special plan area. In its evaluation of a proposal, the
City shall consider whether a proposal meets the following criteria:
1. Provide development that is consistent with the goals and policies of the comprehensive
plan;
2. Provide efficient and effective use of land, open space and public facilities that result in a
higher quality of development than is required by the standards of the applicable zone;
3. Provide building and site design that complement surrounding land uses and their
environment; and,
4. Provide for superior protection of critical areas.
Public Hearing
Section 14.21.050 of Auburn City Code specifies that the City Council shall only approve a
development agreement after a duly noted public hearing before the City Council. Noticing for
the public hearing included publication of a legal not ice in the October 28, 2011 edition of the
Seattle Times, mailing of a public hearing notice to all property owners of record pursuant to the
current records of the King County Assessor on October 28, 2011 located within 500 feet and
posting of two (2) public hearing notice boards at the site on October 28, 2011. The public
hearing was conducted on November 7, 2011. John Manavian, the Applicant was the only
person to testify at the public hearing. The public hearing had been rescheduled and re-noticed
from the original scheduled date of October 17, 2011.
The City Council’s consideration of the Development Agreement, including the holding of the
public hearing, is a quasi-judicial action. The September 1, 2011 and October 11, 2011
memorandums from the Legal Department that were previously provided for the City Council’s
November 7, 2011 public hearing to provide information on considerations and procedures for
the Council’s participation and decision-making on quasi-judicial actions.
Exhibit List
Provided with this packet is a development agreement as recommended to the City Council by
the Planning and Community Development Committee at their regular October 10, 2011
meeting. To facilitate review and decision-making, the following related documents either
accompany this agenda bill or are indicated where available:
1. Resolution No. 4756: Development Agreement with Auburn Properties Inc. Related to the
Auburn Gateway Project (Attached)
2. Development Agreement (DA), Exhibit A to Resolution No. 4756 (Attached)
a. Attachment 1 - Legal Description (Attached)
b. Attachment 2 - Project Site Plan (Attached)
c. Attachment 3 - Draft and Final Environmental Impact Statements (EIS) and EIS
Addenda
RES.A
Agenda Subject: Resolution No. 4756: Development Agreement with
Auburn Properties Inc. Related to the Auburn Gateway Project
Date: November 15, 2011
i. Draft Environmental Impact Statement Northeast Auburn Robertson
Properties Special Area Plan (2004)
ii. Final Environmental Impact Statement Northeast Auburn Robertson
Properties Special Area Plan (2004)
iii. Addendum Final Environmental Impact Statement Northeast Auburn
Robertson Properties Special Area Plan (2004) – clarification of wetland-
related text, page 9
iv. Addendum to Final Environmental Impact Statement Northeast Auburn
Robertson Properties Special Area Plan (2011) – addresses 11 acres added
to the project, identification of project phasing, Changes in intersection
signalization, changes in surrounding development, changes in regulations
(Due to the considerable size of the EIS-related documents, hard copies of
the documents have not been reproduced for all packets distributed for the
meeting. Electronic copies of the documents are available for electronic
distribution and hard copies are available on request from the City of Auburn,
Planning and Community Development Department at One East Main Street,
Auburn WA 98001, 253-804-5033.)
d. Attachment 4 – Auburn Gateway Architectural and Site Design Standards Document
(Attached)
e. Attachment 5 - Listing of Development Regulations
(Due to the considerable size of the development regulation related
documents, hard copies of the documents have not been reproduced for all
packets distributed for the meeting. Electronic copies of the documents are
available from the city website, or for electronic distribution and hard copies
are available on request from the City of Auburn, Planning and Community
Development Department at One East Main Street, Auburn WA 98001, 253-
804-5033.)
The related document: Northeast Auburn Special Area Plan – Update has been previously
distributed to PCD, Public Works and Municipal Services Committees and whose amendment
will be addressed through a separate process. The Special Area Plan will be updated prior to
the end of this year as part of the City Council’s 2011 Annual Comprehensive Plan amendments
to reflect the current development plans and environmental documentation for the Auburn
Gateway Project.
RES.A
RESOLUTION NO 4756
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO ENTER INTO ADEVELOPMENT
AGREEMENT WITH AUBURN PROPERTIES,
INCORPORATED RELATED TO THE AUBURN
GATEWAY PROJECT
WHEREAS, Chapter 14 21 of the Auburn City Code (repealed in 2008 by
Ordinance No 6127) and Chapter 36 70B 170 — 36 70B.210 allow cities to enter
into development agreements in order to provide greater flexibility in existingcity
standards in exchange fordevelopmentthat is of significantly higher quality,
generating morepublicbenefit, and providing a more sensitive proposal than that
whichwould be required by the existing code, and
WHEREAS, Auburn Properties, Incorporated, acting through its affiliate
Robertson Property Group ("Applicant"), filed a completed application for a
Development Agreement beforethe repeal of ACC 14.21, andhas been working
with City staff to prepare an agreement for Council's review; and
WHEREAS, all public meeting and hearing requirements in ACC
14.21 045and ACC 14 21 050.A havebeen met, as follows a public meeting
was held on November 21, 2002, January 28, 2003, and February 12, 2004This
applicationwas presented for discussion to the Council's Planning and
CommunityDevelopment Committee on July 25, 2011 and September 26, 2011,
and waspassed out of committee with a do pass recommendation on October
10, 2011 The application wasalso presented tothe Public Works Committee for
discussion on August 15, 2011 and October 3, 2011, and to the Municipal
Services Committee on August 8, 2011 and October 10, 2011 Theapplication
Resolution No 4756
November 15 2011
Page 1 of 5
RES.A
was also discussed at the Committeeof the Wholecommittee meeting on August
29, 2011 All of these meetings wereproperly noticed and were open to the
public. Additionally, a duly-noticed public hearing was held on November 7, 2011
before the full City Council
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBYRESOLVES as follows
Section 1. That the City Council, in accordance withACC 14.21 010B,
makesthe following findings
1 1 The Applicant has prepared a traffic analysis, and right-of-way
ROW") is proposed to be dedicated and improved, in order to manage vehicular
traffic associated with theproject and passing through the project site This will
provide linkages in an area currently underserved by streets In particular, the
Applicant's proposal will result in dedication of right-of-way and contribution
towardtheconstruction of I Street NE, a minor arterial street, which will provide
trafficrelief for Auburn Way North, and willavoid morepiecemealdedication and
roadway construction,
1 2 The Applicant proposes Architectural and Design Standards to
promotepedestrian-orienteddesign for the development in excess than what is
currently required by Title 18 (Zoning) of the Auburn City Code,
13 The Applicant will be responsible for continuation of trail
construction along the south side of S 277th Street along its site frontage The
Planned Action Ordinance ("PAO"), to be separately adopted by the City Council,
Resolution No 4756
November 15 2011
Page 2 of 5
RES.A
requires, as a mitigationmeasure, that the Applicant submit a master plan for
pedestrian and non-motorizedcirculation for City approval,
1 4 The C-4, Mixed Use Commercial zoningadopted by the City, and
given permanent status upon execution of the DevelopmentAgreement, requires
residential uses to be located on the upper story of multi-storied buildings,
thereby encouragingcompact development;
1 5 Currently, theCity has no architectural and site design standards in
place that would apply to the entirety of the Project;
16 The Applicant has, in conjunction with the City, proposed
Architectural and Site Design standards to apply to the Project to demonstrate an
enhanced level of design and quality, and to promotecompatibility withinthe
Project boundaries,
1 7 The Applicant has previously taken action to provide 40,546 square
feet of wetland buffer enhancement in theProject area,
1 8 The Applicant will provide regular writtenprogress and status
reports, and will participate in meetings with the City to report on project status,
19 The Agreement contains a process for interpretation and
modification of its provisions,
1 10 The Agreement contains a termination provision that requires the
Applicant to develop its project according to the termsoftheagreement and the
PAO
Section 2. That, based on these findings, the Council concludes that:
Resolution No 4756
November 15 2011
Page 3 of 5
RES.A
2 1 Based on findings 11 through 1 6, the Applicant has met the
criteria in ACC 14 21 010(B)(2) that the Projectprovide efficient and effective use
of land, open space and publicfacilities that results in a higherquality of
development than is required by the standards of the applicable zone,
22 Based on findings 1 4 through 1 6, the Applicant has metthe
criteria in ACC 14.21 010(B)(3) to provide building and site design that
complement surrounding land uses and their environment;
23 Based on findings 1 7, the Applicant has met the criteria in ACC
14.21 010(B)(4) that the project provide for superior protection of critical areas,
2 4 Based on all of the findings above, the Applicant has met the
criteria in ACC 14.21 010(B)(1) that the project provide developmentthat is
consistent with the goals and polices of the comprehensive plan,
25 Based on all the findings above, theproposed development will be
of significantlyhigherquality, will generate more publicbenefit, and will be a
more sensitive proposal than would be developed in the absence of theproposed
agreement.
Section 3. That the Mayor is hereby authorized to enter into a
Development Agreement in substantially the form at Exhibit A, with Auburn
Properties, Incorporated
Section 4. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carryoutthe directives of this
legislation
Resolution No 4756
November 15 2011
Page 4 of 5
RES.A
Section 5. That this Resolution shall take effect andbe in full force
upon passage and signatures hereon
Dated and Signed this day of 2011
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam, City Clerk
APP' •VED A TO FORM
tfti
niel B eid, City Attorney
Resolution No. 4756
November 15 2011
Page 5 of 5
RES.A
Exhibit"A"to Resolution No 4756
DEVELOPMENTAGREEMENT BETWEEN
THE CITY OF AUBURNANDAUBURN PROPERTIES, INC.
Date
11-15-11RES.A
DEVELOPMENTAGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES,INC.,
FOR DEVELOPMENT OF THE AUBURN GATEWAY PROJECT
The CITY OF AUBURN ("City") and AUBURN PROPERTIES, INC., a Washington
corporation ("Developer") enter into the following development agreement ("Agreement") to
govern the development, use and mitigation of environmental impacts associated with the
development of the Auburn Gateway Project ("Project"), throughconstruction of the buildings
and related physical on- and off-site improvements.
The Agreement is authorized by RCW 36 70B 170 through .210 It addresses Project
development standards, which are defined in thestatute to include, for example, impact fees,
mitigation, design standards, approach to phasing, review procedures, vesting issues, and any
other appropriate development requirements.1 The Agreementprovides the City and Developer
with certainty as to the type of Projectthat will be built, and the type of mitigation that will be
provided.
The Project, when all developmentimprovements are completed as contemplated for this project,
will be consistent with current local regulatory requirements in effect as of thedate this
Agreement is signed.2 The development standards in the Agreement will govern the Project for
the term of the Agreement unless amended or terminated.3 As authorized by state statute,' the
Agreement identifies, in part, the mitigation measures, development conditions and other
requirements under the State Environmental Policy Act (Chapter 43.21C RCW, "SEPA")
pursuant to the Northeast Auburn/RobertsonProperties FinalEnvironmental Impact Statements
and addendums, supplements or modifications to the EIS documents for the Project. The
Agreement shall only be approved and recorded with King County's real property records after a
public hearingbefore the Auburn City Council has been held.5 Approval of this Agreement by
the Auburn City Council is a "land use decision" as defined in RCW 36 70C 020(2) As further
described below, the Parties agree thatcertain provisions of this Agreement may only be
appealed or challenged in accordance with theappeal procedures set forth in the Land Use
Petition Act("LUPA") (Chapter 36 70C RCW)
1 Zoning/Land Use. This Agreement fulfills that portion of the obligation specified in
Section 13 of Ordinance No 6183 (as amended), thatnon-conditional applicability of the C-4,
Mixed Use Commercialzoning designation shall only take effect upon theParties' execution of a
development agreement. Section 13 of Ordinance No 6183 also requires adoption of a Planned
Action Ordinance. Additionally,theParties agree to process an amendmentto change the zomng
of any property owned by the Developer as of the date of execution of this Agreement and
RCW 36.70B.170(3).
2 RCW 36 70B.170(1).
3 RCW 36 70B.180
RCW 36.70B.170(3)(c).
5 RCW 36.70B.200;RCW 36 70B 190
Development Agreement
Page 1 of 21
11 15 11
RES.A
covered by the EIS and addendums, supplements or modifications to the EIS to C4, Mixed Use
CommercialZomng not later than one year after the date of this Agreement.
2. Location, The Project consists of approximately 70 acres of land in the northeast corner
of the City, generally bordered by South 277th Street to the north, 45th Street NE to thesouth,
Auburn Way North to the west, and Port of Seattle property (Tax Parcel No 0004200006) to the
east. Developer's property is located within the Northeast Auburn SpecialPlan Area, an
approximately 120-acrearea established by the City of Auburn Comprehensive Plan in 1995 and
as subsequently amended by Ordinance No 6183 The propertylocation is legally described on
Attachment 1 ("Subject Property"). Developer has a property interest in the subject property
Additional propertiesmay become part of this Agreement through the amendment process
described in RCW 36 70B 170-210 In the event the Agreement is amended to include
additional properties, the terms of this Agreement shall applyequally to those additional
properties except as specified in the amendment(s)
3. Proiect Description. The Project involves the redevelopment of the Valley 6 Dnve-in
Theater complex and adjacent propertiesowned orcontrolled by Developer The redevelopment
of the Property will include a mixture of office, retail and residential uses, provided that
residential uses shall not be constructed on the first floor portions of buildings other thanthose
ancillary interior uses needed to support residential uses on upper floors including but not limited
to lobbies, mechanical rooms, and elevators. Theparties intend to provide the Developer with
flexibility to reasonably respondto market conditions with limitationsmutually agreed toby
both parties. In exchange for this flexibility, the City will receive a planned mixed use
development consistent with applicable chapters of the adopted City of Auburn Comprehensive
Plan including but not limited to the Northeast Auburn Special Area Plan and the goals for this
area set forth in this Agreement. The entire Project is more fully described both in Attachment 2,
which includes the Project Site Plan, and in the Northeast Auburn/Robertson Properties Final
EnvironmentalImpact Statement (EIS) and addenda, supplements or modifications to the EIS set
forth as Attachment 3 to this Agreement. The City and Developer recognize that economic
market conditions may cause the mix of land uses to differ slightly from the specific alternatives
analyzed in the EISThe land use mixture is proposed to remain consistent with the scope of land
uses analyzed in the 2004 Northeast Auburn/Robertson Property's Environmental Impact
Statement. Mitigation will be related and roughlyproportional to the impacts created by RPG
development-generated traffic volumes.
4. Term of Agreement and Vesting. The term of the Agreement shall be for fifteen (15)
years from the date of the lastsignature with three distinct vesting penods described herein. The
legal requirements identified in the Agreement shall govern the Project as follows.
a) Development regulations pertaining to land use and zoning requirements, such as
permitted, conditional and prohibited uses and lot development standards but excluding
building, engineenng and environmental regulations shall be the C4, Mixed Use
Commercial Zoning Distnct, as conditionally adopted by Ordinance No 6183, June 16,
2008 and appliedto all properties covered by this Agreement or as set forth in
Attachment 5 Any amendment to theC4, Mixed Use Commercial Zoning Distnct
DevelopmentAgreement
Page 2 of 21
11 15 11
RES.A
subsequentlyapproved by the Auburn City Council shall not be applicable to the
properties covered by this Agreement The C4, Mixed Use Commercial Zoning District
in effect on the effective date of this Agreement shall be applicable to the subject
property for the entire fifteen (15) year term of the Agreement
The Architectural and Site Design Standards titled. "Auburn Gateway Architectural and
Site Design Standards" ("Architectural and Site Design Standards") prepared by BRCA
October 2011 and proposed by the Developer andattached as Attachment 4 are hereby
adopted as part of this Agreement, and shall be vested for the term of the Agreement
Amendments to these Architectural and Design Standards proposed by the Developer
shall be processed as provided for in Section 11 B of this Agreement
b) Development Regulations, except those specified in Section 4(a), that are in effect for
the entire term of the Agreement, in effect at the time of the City's receipt of the full and
complete application for the initial development activities shall be applicable and govern
development for the Initial Vesting Period (IVP), to the extent of the development
activities included in said full and complete application The IVP shall run from the
effective date hereof and ending December 31 of the 5th year following the effective date
hereof.
c) Following the IVP a Second Vesting Period (SVP) shall be established for the 5 year
period starting January 1 of the 6th
year and endingDecember 31 of the10th year
following the effective date hereof, for development activities subsequent tothose
covered by the IVP
d) Following the SVP a Third Vesting Period (TVP) shall be established for the 5 year
period starting January 1 of the 11 m
year and ending December 31 of the15th year
following the effective date hereof, for development activities subsequent to those
covered by the SVP
At the beginning of each subsequent five-year vesting period, SVP and TVP, the
developmentregulations in effect onDecember 31 of the last year of the prior vesting
period shall replace the development regulation in effect prior thereto, Provided, that the
development regulations specified in Section 4(a) that are in effect for the entire term of
the Agreement shall not be replaced The Developer shall be responsible for re-recording
the DevelopmentAgreement with the newregulations attached at the beginning of each
new vesting period At the beginning of each subsequent five-year vestingperiod, the
developmentregulations in effect as of December 31 of the prior vesting period shall
replace Attachment 5 and this Agreement shall automatically be amended with said
regulations with the Developer's re-recording of this agreement with the newregulations
attached It shall be the responsibility of the Developer to re-record this Agreement with
the new regulations attached at the beginning of each five-year vestingperiod
Notwithstanding thisvestingperiod, the property owner(s) subject tothis agreement may,
if agreed toby the City, conform to newdevelopment regulations that may from time to
time be adopted by the City by providing the City with the applicable development
regulationsthat apply under this Agreement or providing the City with the applicable
DevelopmentAgreement
Page 3 of 21
11 15 11
RES.A
development regulations the applicant elects to have applied to the application along with
a sworn statement that the property owner shall be bound by the new regulations at the
time of subsequent permit application. Failure to submit said regulations with an
application shall result in a waiver by the property owner of any claim that the City
applied the incorrect regulations and the City shall havethe discretionto apply either the
vested regulationsor the currentregulations.
e) Development regulations relatedto public health and safety issues, including but not
limited to building codes, fire codes, mechanical codes, plumbing codes, electncal codes
and property maintenance codes shallvest upon the City's acceptance of a complete
permit application for each specific permit as determinedby the City through its permit
completeness determination process in accordance with Chapter 14 06 of the Auburn City
Code ("ACC") in effect on thedate the permit is submitted.
f) Any amendmentsor additions made to these legal requirements during the term of the
Agreement shall not apply to or affect the development to the extent of previously
received full and complete applications for development activity of the Project, except as
otherwise provided, or if other county, state or federallawspreempt the City's authonty
to vest regulations. The City reservesthe authority to impose new or different officially
adopted regulations if, and to the extentrequired by, a serious threatto the public health
and safety, as determined by the City 6 The City alsoreservesthe authority to impose
new or different officially adopted regulations, if federalor state laws change requiring
new or different standards. Developer can appeal City's determination, except for those
standards requiredby state or federal laws, through the normal appeal processes for
administrative decisions as provided for by ACC 14 13 010
g) Theparties specifically agree that nght-of-way requirements shall be vested for
footprint design" requirements as of the effective date of this Development Agreement,
but "technical design" requirements shall be established as of the date of the complete
permit application as determined by the City through its permit completeness
determination process in accordance with Chapter 14 06 of the Auburn City Code
ACC") ineffect on the date the permit is submitted.
h) The vested rights establishedby thisAgreement as applied to any particular project
merge into the permit approval for that project and shall terminate as provided for such
permitby the applicable provision of the Auburn City Code.
5. Project Reporting and Coordination. In recognition of the large size, scale and
complexity of the Project, market absorption factors and the overallterm of the Agreement, the
parties agree that phased construction and acceptance of public and private streets, and public
and private utilities and equipment may be needed. The Parties agree to the following reporting
and coordination schedule
6 See RCW 36.70B 170(4).
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Developer shallreport to the City, at a minimum, on January 15 and June 15 of each year
the Agreement is in effect. Once Developer begins construction of the infrastructure,the
parties shall jointly determine a quarterly or monthly reporting schedule.
Reports shall include, butnot be limited to, the following areas
Status of leases,
Construction updates (rights-of-way (ROW), utility infrastructure, and buildings
percentage completed and constructionremaining);
Non-City Permit/approval status, including Department of Ecology, Army Corps of
Engineers,NOAA-Fisheries
Reportsshall be written. If the written reports contain information that Developer considers to be
proprietary business information as that term is used in Washington's Public Records Act, RCW
42.56.270, it shall clearlymark those portions of the report thatDeveloper considers to be
exempt from disclosure. The City agrees that, if it receives a public records request for
documents that Developer has marked as proprietary business information, it will assert the
exemption, and notify the Developer of the request. The Developer may seek a court order to
preventdisclosure as provided for in RCW 42.56.540 If a requestor files an action in court
seeking release of these documents, Developer agrees to be in interpleaded into that action, to
defend its designation of those documents as proprietary, and, provided the City has timely
notified Developer of the request and the City's response,to indemnify and hold the City
harmless from any fines or penalties for non-disclosure of documents the Developer has marked
as proprietary
Developer also agrees to attend, or to send a representative familiar with the Project and this
Agreement to attend, Council committee meetings or full Council meetings when requested to
report on the Project status at least annually
6. Project Approvals. The City shall accept for processing, review and action all complete
applications and submissions for Project Approvals as determined by the City through its permit
completeness determination process in accordance with Chapter 14 06 of the Auburn City Code
ACC") ineffect on thedate the permit is submitted.
Any agreement by the City to cooperate does not in any way obligate the City with respect to
usual and customary City permit processing, code compliance and other regulatory reviews as
they may relate to the Developer or the Developer's requirements hereunder The outcome of
any regulatory review or action undertaken by the Cityinvolving the Developer will be
independent of and in no way biased, prejudiced, or predetermined in any way by this
Agreement. Nothing in this Agreement is intendedor shall be construed to require that the City
exerciseits discretionary authority under its regulatory ordinances in a manner favorable to the
Developer
7 Flood Storage Capacity. The City and Developer acknowledge thatunder this
agreement there will be a need for off-site flood storage capacity for the Project. Theparties
acknowledgethat the City is not legally obligated to provide off-sitestorage capacity, but if off-
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site flood storage capacity is not available, the Project might not go forward. The City agrees that
it will seek a clarifying agreement with the Port of Seattle ("Port") regarding the City's right to
use or commit the use of flood storage capacity with the constructed wetland mitigation property
owned by the Portthat is located in the Planning Area for the Project. If the City has the nght to
use or commit the use of this property for compensatory flood storage, theParties agree that the
City shall make a mutually agreed amount of cubic feet of storage capacityavailable to the
Developer for Developer's on-site compensatory flood storage requirements andan additional
compensatory flood storage volume as needed to accommodate the Developer's public
transportation and storm drainage improvements, provided that City's Mayor and the Developer
negotiate full and sufficient consideration for Developer's use of the flood storage capacity The
City and Developer agree that this amount will be established following the conclusion of
technical analysis by the Port and City that establishes the total amount of cubic feet of
compensatory flood storage. The Developer acknowledgesthat the City mayelect to reserve a
portion of this capacity for municipal purposes and needs. The City shall convey the right to use
the property to the Developerby means of an easement or other similar document as agreed toby
the Parties.
Developer agrees that it will submit a Letter of Map Revision ("LOMR") to the Federal
Emergency Management Agency(FEMA) that addresses to the reviewing agency's standardsthe
placement of fill and affect on the floodplain. The City agrees to provide concurrence in
Developer's LOMR process as provided for in Chapter 15 68 ACC.
8. Design and Construction.
The parties agree that as a material consideration for the City's entry intothis Agreement, the
Developer will design and construct the Project in accordance with the Auburn Gateway
Architectural and Site Design Standards adopted as part of this Agreement. Additionally,
notwithstanding the permitted uses in the C-4, Mixed Use Commercial Zoning District, the
Developer agrees that the layout and uses of the Project shall adhere to the following guidelines.
Multiple Family Residential uses shall only occur in a verticalmixed-use
development; other than common areas, parking, and access, multiple family residential uses
shall not be on the ground floor of any building;
The Project shall contain more full service, sit down restaurants than "fast food"
restaurants including drive-thru type restaurants,
Gas stations and automobile repair service and parts businesses shall only be
constructed as a department of a larger retail operation.
9 Transportation/Utility/Infrastructure Improvements. The City and Developer
acknowledge thatunder this Agreement there will remain a"gap" in the funding of infrastructure
improvementsthat the City is not obligated to fill but without which the Project might not go
forward. The Parties agree that Developer's requirementto construct infrastructure is limited to
improvements required by City code and/or mitigation measures specified in the Planned Action
Ordinance. Both Parties recognize that there are benefits from these improvements to the public
Development Agreement
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that extendbeyond the Developer's obligations. Therefore, the Parties agree that they will work
cooperativelyto resolve issues related to infrastructure funding. TheParties recognizethat the
Developer's obligations will be proportionate to the scaleand impact of the development. The
Parties agree that, for purposes of this section, that the provision of payments and credits for
infrastructure improvements is governed by state law and applicable City code. Both the City
and Developer will make their best efforts to assist each other as well as consider all other
options in filling that "gap" as improvements become necessary While a number of
Transportation and Utility Improvements in and around the proposed Project are needed to be
made concurrent withinitial construction of the Project, theParties agree that the infrastructure
construction may be done in multiple increments. If the Developer constructs these needed
improvements the City will, in accordance with City code and state law, provide the following
payments and credits
Transportation Improvements.
a) Transportation Impact Fee Credit—The City has determined through its
comprehensive transportation planning and transportationimpact programdevelopment
thatcertain infrastructure projects create capacity in the City's public street system and as
such will remain included in the City's list of eligible projects for traffic impact fee
credits (Transportation Impact Fee Program List). As such,the City will provide a credit
for transportation fees attributable to the Project in conformance with Chapter 19 04
b) The City will also reimburseRPG from other such mitigation fees it has ormay
collect for other developments in the area towards public street improvements that
overlap with RPG's requiredimprovements, provided those funds have not expired and
are available The Parties acknowledge that the City's authority to expend available
mitigation money will begintoexpire beginning on November 13, 2013 and that if the
Parties have not agreed on a method guaranteeing the expenditure of the money in
advance of this and subsequent expiration dates, the City shall have thesole authority to
expend that money in accordance with applicable law It is also acknowledgedby the
Parties that anysuch agreement shall be made a minimum of 24 months in advance of
each associated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
c) Grants. The City will consider placing a higher priority on the I Street NE project in
the City's Capital Facilities Plan and its TransportationImprovement Program. The City
will at its sole discretion, apply for andseek state and federal grants for eligible
Transportation improvements within the Northeast Auburn SpecialPlan Area in
accordance with the City's Comprehensive Transportation Plan and Six-Year
Transportation Improvement Program. The Developer agrees to partner with the Cityin
such efforts, includingfinancially participating in an amountnotto exceed the
Developer's proportional share of the improvement. If the City is successful obtaining
any such grants, the City will make a good faith effort to design and construct such
improvements in coordination with the phasing project milestones set out in this
Agreement.
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d) Street Payback Agreement. Developer may apply to the City for a Street Payback
Agreement in accordance with Chapter 12 70 of the Auburn City Code.
Utilities Improvements
e) Utility Payback Agreements—The City may enter into Utility Payback Agreements as
set forth in ACC 13 40060 in order to obtain reimbursement on behalf of the Developer
for applicable Project-related public Utility Improvements (water, sanitary sewer, and
storm drainage) benefiting other new development consistent with the Auburn City Code
ineffect at the time the applicable permit is issued.
f) Utility System Development Charge Credit — The City will credit utility System
Development Charges attributable to the Projectto the extent the Developerover sizes
public Utility Improvements (water, sanitary sewer, and storm drainage) consistent with
Auburn City Code at the time the applicable permit is issued.
g) The City will reimburse the Developer from other available mitigation funds collected
by the City from the Port of Seattle as prescribed in the City's agreement with the Port
Attachment 5) for applicable public water, sanitary sewer, and storm drainage
improvementsinstalled by the Developer, provided those funds have notexpired and are
available. TheParties acknowledge that the City's authonty to expend available
mitigation money will begin to expire beginning on November 13, 2013, and that if the
Parties have not agreed on a method guaranteeing the expenditure of the money in
advance of this andsubsequent expiration dates, the City shall have the sole authonty to
expend that money in accordance with applicable law It is also acknowledge by the
Parties that any such agreementshall be made a minimum of 24 months in advance of
each associated expiration date to allow the City adequate time to expend the money
before the required expiration dates.
10. Adequacy of Project Mitigation Under SEPA., The Project has been subject to detailed
environmental review The City issued a Determination of Sigmficance and a Final Northeast
Auburn/Robertson Properties Environmental Impact Statement (EIS). The EIS sets forth
numerous Project conditions in a variety of environmental areas. The City Council has reviewed
the SEPA record andthe EIS, and agrees to enter findings statingthat, when all improvements
are completed as contemplated for this Project, the Project in its entirety (inclusive of all
properties within the Project Area for the EIS as approved, including addenda or supplements to
the EIS) will be adequately mitigated under SEPA with the implementation of thisAgreement
and other project approvals including Comprehensive Plan map and text changes, zoning code
map and text changes and adoption of a special area plan and planned action ordinance. The
mitigation that is imposedunder SEPA, through the City's SEPA regulations, is listed in the
City's EIS, a copy of which is included as Attachment 3 to this Agreement. Subject to
requirements contained in a Planned Action Ordinance, no further SEPA mitigation will be
required by the City for any Project qualifying as a Planned Action, subject to a major
modification as provided below in Paragraph 11, unlesssuch further mitigation is required by
federalor state law or regulation, or is determined by the City in its sole discretion to be
necessary to prevent a serious threat to public health and safety
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11 Modifications. The Project will be subject to building, land use, environmental and
engmeenng reviews and approvals. The final design of the buildings and other improvements,
precise location of building footprints, location of utilities, determination of access points, and
other design issues will be determined during that process and are part of this Agreement.
A. Deviations from the adopted document: `Auburn Gateway Architectural and Site Design
Standards' The Planning Director or the Director's Designee has the authority to vary from
these standards on a specific limited instance and non-routine basis if the variation provides
equivalent design or approximatedimensions, or if here are unique building or site design
considerationsthat, in the Director's determination, warrant a deviation.
B Amendments to the adopted document: `Auburn Gateway Architectural and Site Design
Standards' If the Developer wishes to amend any of the adopted `Auburn Gateway
Architectural and Site Design Standards', the Developer shall submit the proposed changes to the
Planning Director, who shall forward them with a recommendation to the City Council's
Planning and Development Committeewho shall havethe authority to approve, approve with
modifications or deny the requested design standard amendment(s) An "amendment" is a
change to the standards that changes the area-wide and routine intentoreffect of the standards.
C Modifications to the DevelopmentAgreement.
Changes to the Development Agreement that are determined by the Director of Planning and
Development to constitute a major change shall be referredto the City of Auburn Hearing
Examiner for a public hearing. The HearingExaminer is authonzedby the Auburn City Council
pursuant to RCW 36 70B.200 to review and decide onamendments to the Development
Agreement. The Hearing Examiner shall only review the requested modification and shall rely
on applicable regulations andstandards identified through this Agreement for his or her decision-
making. For purposes of thisAgreement only, a modification to the Development Agreement
shall be those actions that are deemed by the Planning and Development Director or City
Engineer, as appropnate, to be majormodifications including, but not limited to,the following:
a) A proposed change in land use;
b) Cumulative exceedance of the vehicle trip volumes or changes to trip distribution
patterns estimated for the project by the Northeast Auburn/Robertson Properties Special
Planning Area Draft and Final EIS and addendums, supplements ormodifications to the
EIS documents.
c) A proposed change to any of the development cnteria applicable to the Project as set
out in this Agreement, except for minor deviations that are consistent with the current
City regulations in effect at the time of thisAgreementor subsequent vestingpenod,
d) Change m density orintensity of use;
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e) Change in "physical" environmental impact (going from no impact to some impact),
and
f) Substantive changes to utility capacity, servicedemand, or design.
D Changes to the term, the parties to the Agreement or the vesting periods in the Agreement,
must be approved by the City Council
12. Recording; Assignment. The Agreementshall be recorded with the Real Property
Records Division of the King County Records and Elections Department. The Agreement shall
bind and inure to the benefit of the parties and their successors in interest. Developer may only
assign this Agreement with the City's written consent. Upon assignment and assumption of all
obligations under the Agreement by the assignee, Developer shall be released from all
Agreement obligations thatoccurafter the effective date of the assignment.
13. Dispute Resolution.
In the event of a dispute regarding the interpretation of this Agreement, where there is
not already a procedure provided for in the Agreement, staff from each party will attempt to
resolve the dispute. If the Parties cannot resolve the dispute, either Party may request mediation.
The Parties will agree on a mediator If Parties cannot agree on a mediator within 10 days of
eitherparty requesting mediation, each Party will choose a mediator, and the two mediators will
choose a third to mediate the dispute If mediation fails, this mattershall be heard in the Superior
Court of King County, Washington.
14. Default.
a) Subject to extensions of time by mutual consent in wntmg, failure or delaybyeither
party to perform any termor provision of thisAgreement shall constitute a default. In the
event of alleged default or breach of any terms or conditions of this Agreement, the Party
alleging such default or breach shall give the otherPartynot less than thirty (30) days
notice in writing, specifying thenature of the alleged default and the manner in which
said default may be cured. During this thirty (30) day period, the Party charged shall not
be considered in default for purposes of termination or institution of legalproceedings.
b) After notice and expiration of the thirty (30) day penod, if such default has not been
cured or is notbeing diligently cured in the manner set forth in the notice, the otherParty
may, at its option, institute legalproceedingspursuant to this Agreement. In addition, the
City may decide to file an action to enforce the City's Codes, and to obtain penalties and
costs as providedin the Auburn City Code for violations of this Development Agreement
and the Code.
15 Termination. This Agreement shall expire and/or terminate as provided below.
a) This Agreement shall expire and be of no further force and effect if the Developer
does not construct the Project as contemplated by the permits and approvals identified in
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this Agreement, or submits applications for development of the Property that are
inconsistent with such permits and approvals.
b) This Agreement shall terminate upon the expiration of the term identified hereinor
when the Subject Property has been fully developed, which ever first occurs, and all of
the Developer's obligationsin connection therewith are satisfied as determined by the
City Upon termination of this Agreement, the City shall record a notice of such
termination. This Agreement shall automatically terminate and be of no further force and
effect as to any building and the lot or parcel upon which such building is located, when
it has been approved by the City for occupancy
16. Effect upon Termination on Developer Obligations. Termination of this Agreement as
to the Developer of the Subject Property or any portion thereof shall not affect any of the
Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicablezoning code(s) orsubdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to
pay assessments, liens, fees or taxes.
17 Effects upon Termination on City., Upon any termination of this Agreement as to the
Developer of the Subject Property, or any portionthereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no
longer be vested hereby with respect to the property affected by such termination (provided that
vesting of such entitlements, conditions or fees may then be established for such property
pursuant to then existing planning and zoning laws) Notwithstanding termination of the
Agreement before the end of the 15-year term of the Agreement, the City shall not initiate or
approve any amendments to the land use and zoning requirements of the C4, Mixed Use
Commercial Zoning District as adopted in Ordinance No 6183 until the end of the
15th
year after
the effective date of the Agreement without Developer's concurrence.
18. Reserved.
19 Administration of Agreement. This Agreement shall be administered by the authonzed
representative of the Developer, and by the Mayor of the City, or designee, on behalf of the City
Any written notices requiredby the terms of this Agreement shall be servedon or mailed to the
following addresses.
CITY OF AUBURN DEVELOPER.
Mayor John Manavian, Auburn Properties Inc.
City of Auburn c/o Robertson Properties Group
25 West Main 120 N Robertson Blvd.
Auburn, WA 98001-4998 LosAngeles, CA 90048
253) 931-3000 Telephone No (310) 855-8484
253) 931-3053 —fax Telecopier No (310) 642-8538
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20. Notices. All notices or communicationspermitted or required to be given underthis
Agreement shall be in writing and shall be deemed to havebeen duly given if deliveredin person
or deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested and by regular mail and addressed, if to a party of this Agreement, to the
address for the party set forth above, or if to a person not a party to this Agreement, to the
address designated by a party to this Agreement in the foregoing manner Any party may change
his, her or its address by giving notice in writing, stating his, her or its new address, to any other
party, all pursuantto the procedure set forth in this section of the Agreement.
21 Parties in Interest. This Agreement shall be binding upon, and the benefits and
obligationsprovided for hereinshall inure to and bind, the partieshereto and their respective
successors andassigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by thisAgreement. ThisAgreement is for the exclusivebenefit
of the parties hereto and it does not create a contractual relationship with or exist for the benefit
of any third party, including contractors, sub-contractors and their sureties.
22. Costs to PrevailingParty. In the event of such litigation or other legal action,to enforce
any rights, responsibilitiesorobligations under this Agreement, the prevailing partiesshall be
entitled to receiveits reasonable costs and attorney's fees.
22. Applicable Law. ThisAgreement and the rights of the parties hereunder shall be
governed by the interpreted in accordance with the laws of the State of Washington and venue
for any action hereunder shall be in King County, Washington, provided, however, that it is
agreedand understood that any applicable statute of limitation shall commence no later than the
lastday of the fifteen (15) year term of the Agreement, or the date of termination, whichever is
earliest.
23. Nondiscrimination. Neither the City nor Developer shall discriminate on the basis of
any protected class as defined by any state, federal, or local ordinance, including but not limited
to, race, color, national origin, disability, age, or sex in the performance of this Agreement.
24. Captions, Headings and Titles. All captions, headings ortitles in the paragraphs or
sections of this Agreement are inserted for convenience of reference only and shall not constitute
a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply Terms not specifically defined in this Agreement shall havethe same
definition as in the applicable section of the Auburn City Code. As used herein, where
appropriate, the singular shall include the plural and vice versa and masculine, feminine and
neuter expressions shall be interchangeable. Interpretation or construction of thisAgreement
shall not be affected by any determination as to who is the drafter of this Agreement, this
Agreementhaving been drafted by mutual agreement of the parties.
25. Severable Provisions. Each provision of this Agreement is intended to be severable. If
any provision hereof is illegal or invalidfor any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Agreement.
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26. Entire Agreement. This Agreement contains the entireunderstanding of the parties
hereto in respect to the transactions contemplated hereby andsupersedes all prior agreements and
understandingsbetween the parties with respect to such subject matter
27 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be oneand the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party
28. Post-execution actions. The Parties agree that, after execution of this Agreement, they
will work cooperatively to resolve issues relating to infrastructure funding, the construction of I
Street NE, seeking an agreement with the City of Kent to allow for a traffic signal at I Street NE
and S 277th Street, any applicablezoning changes, and allocation of flood storage capacity
Agreed this day of 2010
CITY OF AUBURN DEVELOPER
Peter Lewis, Mayor By
Title
ATTEST DEVELOPER
Danielle Daskam, Auburn City Clerk By
Title
Approved as to form.
Daniel B Held, Auburn City Attorney
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Peter Lewis is the person who appeared
before me, and said person acknowledged that said person signed this instrument, on oath stated
that said person was authorizedto execute the instrument, and acknowledged it as the Mayor of
the City of Auburn to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
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Dated this day of 20
Print Name
Notary public in and for the State of
Washington, residing at:
My appointment expires.
Development Agreement
Page 14 of 21
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RES.A
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that and
are thepersons who appeared before me, and said persons acknowledged
thatthey signed this instrument, onoath stated thatthey were authonzed to execute the
instrument, and acknowledged it as the of Developer, a corporation, to
be the free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated this day of 20
Print Name
Notarypublic in and for the State of
Washington, residing at:
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that and
are the persons who appeared before me, and said persons acknowledged
thatthey signed this instrument, on oath stated that they were authonzed to execute the
instrument, and acknowledged it as the of Developer, a corporation, to
be the free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated this day of 20
Print Name
Notary public in and for the State of
Washington,residing at:
My appointment expires
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ATTACHMENT 1 - LEGAL DESCRIPTION OF SUBJECT PROPERTY
Attachment 1
RES.A
Attachment 1 to Development Agreement
LEGAL DESCRIPTIONS
PARCEL A.
THAT PORTION OF THEDONATION LAND CLAIM OF WILLIAM A. COXAND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO 38, BEING A PART OF SECTION 31 TOWNSHIP 22 NORTHRANGE 5 EAST
WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON DESCRIBEDAS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM;
THENCE SOUTH 1°53'45' WEST 898.20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEED TOKING COUNTY RECORDED UNDER RECORDINGNUMBER 5869551 ANDTHE
TRUE POINT OF BEGINNING
THENCECONTINUING SOUTH 1°53'45' WEST 859.86 FEET
THENCE SOUTH 56°01'19"WEST 203.43 FEET
THENCE NORTH 89°17'18' WEST485.03 FEET
THENCE NORTH 1°53'45" EAST 285.8 FEET,
THENCE NORTH 89°47'15' WEST 350 00 FEET
THENCE NORTH 1°53'45" EAST 166.01 FEET TO A POINT WHICH IS 1 000 FEET WEST OF AS MEASUREDAT
RIGHT ANGLES TO THE EAST LINE OF SAID DONATION LAND CLAIM;
THENCE NORTH 88°06'15" WEST TO THEEAST MARGIN OF KENT-AUBURN ROAD86TH AVENUE SOUTH,
AS ESTABLISHED BY DEEDS TO KING COUNTYRECORDED UNDER RECORDING NUMBERS 761006AND
761007
THENCE NORTHERLY ALONG SAID EASTERLY LINETO THE NORTHWEST CORNER OF THAT PORTION OF
49TH STREET NORTHEAST AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF'AUBURN,
ALSO RECORDED UNDER RECORDINGNUMBER 7301120384
THENCE SOUTH 89°08'15"EAST 1 005.22 FEET
THENCE SOUTH 1°53'45' WEST 10 FEET
THENCE SOUTH 89°08'15"EAST TO THE TRUE POINT OF BEGINNING,
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCINGATTHE NORTHEAST CORNER OF SAID DONATION LAND CLAIM NO 38 THENCE NORTH
88°55'WEST420 15 FEET
THENCE SOUTH 1°53'45' WEST 1,229725FEET,
THENCE NORTH 87°24'27"WEST 579.90 FEET TO THE TRUE POINT OF BEGINNINGTHENCECONTINUING
NORTH 87°24'27"WEST 42.4 FEET
THENCE SOUTH 1°53'45"WEST 117.60 FEET
THENCE NORTH 88°06'15' WEST TO THE EASTMARGIN OF KENT-AUBURN ROAD86TH AVENUE SOUTH,
AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 761007
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION
OF 49TH STREETNORTHEAST AS VACATED UNDER ORDINANCE NUMBER2627 IN THE CITY OF AUBURN
ANDALSO RECORDED UNDER RECORDINGNUMBER 7301120384
THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERLY LINE OF SAID VACATED PORTION OF 49TH
STREET NORTHEASTTO A POINT NORTH 1°53'45"EASTFROM THE TRUE POINT OF BEGINNING,
THENCE SOUTH 1°53'45"WEST TO THETRUEPOINT OF BEGINNING
TOGETHER WITH THAT PORTION OF VACATED 'D" STREETNORTHEAST (86TH AVENUE SOUTH) AS
VACATED BY ORDINANCE NUMBER2626, RECORDED UNDER RECORDING NUMBER 7301120385, AS
WOULD ATTACH BY OPERATION OF LAW
TOGETHER WITH THOSEPORTIONS OF VACATED 49TH STREET NORTHEAST (SOUTH280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCES 2627 3594 & 3614 RECORDED UNDER RECORDING
NUMBERS 7301120384 8102090641 & 8104220744 RESPECTIVELY AS WOULD ATTACH BY OPERATION OF
LAW
ALSO KNOWNAS PORTIONS OF TRACTS 3435, 36 37 38 AND 39 TOGETHER WITHVACATED STREETS
ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED
PLAT THEREOF)
RES.A
PARCEL B:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED .ASCLAIM NO 38, BEINGA PART OF SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST
WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, A DISTANCE OF 420 15 FEET
WEST OF THE NORTHEAST CORNER THEREOF
THENCE SOUTH 839 74 FEET TO THENORTHMARGIN OF SOUTH 280TH STREET AS ESTABLISHED BY
DEEDS TO KING COUNTYRECORDED UNDER RECORDING NUMBERS 544796 AND 5869551
THENCE WEST ALONG SAID NORTH MARGIN 259.26 FEET
THENCE NORTH 840 74 FEET TO A POINT ON THE NORTHLINE OF SAID DONATION CLAIM A DISTANCE OF
259.24 FEET WEST OF THEPOINT OF BEGINNING,
THENCE EASTALONG SAIDNORTH LINETO THE POINT OF BEGINNING
EXCEPT THE EAST 30 FEET AND
EXCEPT THAT PORTION, IF ANY LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAST),AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED
RECORDEDUNDER RECORDING NUMBER 7103110262;
TOGETHERWITH THAT PORTION OF VACATED 49TH STREETNORTHEAST (SOUTH 280TH STREET)
ADJOINING AS VACATED BY AUBURNORDINANCE 3594RECORDED UNDER RECORDING NUMBER
8102090641 AS WOULD ATTACH BY OPERATION OF LAW
ALSOKNOWN ASA PORTION OF TRACT 42, TOGETHER WITH VACATEDSTREETSADJOINING, WHITE
RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF)
PARCEL C:
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO 38 BEING APART OF SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST
WILLAMETTE MERIDIAN IN KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF SAID DONATIONCLAIM, AT A POINT679.39 FEET WEST OF THE
NORTHEAST CORNER THEREOF
THENCE SOUTH 89°10'30' WEST ALONG SAID NORTHLINE 258.94 FEET
THENCESOUTH 0°49'30" WEST 841 71 FEET TO THE NORTHMARGIN OF SOUTH 280TH STREET AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551 SAID POINT BEINGSOUTH 88°56'30"WEST 938.52 FEETFROMTHE EAST LINE OF SAID DONATION
CLAIM;
THENCE NORTH 88°56'30"EAST ALONG SAID NORTHMARGIN 258.95 FEET
THENCE NORTH840.70 FEET TO THEPOINT OF BEGINNING,
EXCEPT THAT PORTION IF ANY LYING WITHIN SOUTH277TH STREET(52ND STREET NORTHEAST),
TOGETHER WITH THAT PORTION OF VACATED 49TH STREETNORTHEAST (SOUTH280TH STREET)
ADJOINING AS VACATED BY AUBURNORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641 AS WOULD ATTACH BY OPERATION OF LAW
ALSO KNOWNAS TRACT43, TOGETHER WITHVACATED STREETADJOINING WHITE RIVER VALLEY
HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL D:
THAT PORTION OF THEDONATION LAND CLAIM OF WILLIAM A. COXAND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO38 BEINGA PART OF SECTION 31 TOWNSHIP 22 NORTHRANGE 5 EAST
WILLAMETTE MERIDIAN IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS.
RES.A
BEGINNING AT A POINT ON THENORTH LINE OF SAID DONATIONCLAIM, WHICH POINT IS 938.33 FEET
SOUTH 89°10'30' WEST OF THE NORTHEAST CORNER OF SAID DONATIONCLAIM; THENCE SOUTH
89°10'30' WEST ALONG THENORTH LINE OF SAID DONATIONCLAIM 258.64 FEET
THENCE SOUTH 0°49'30"WEST 842.68 FEET TO A POINT ON THENORTH LINE OF THE COUNTY ROAD AS
ESTABLISHED BY DEEDS TO KING COUNTYRECORDED UNDER RECORDING NUMBERS 544796AND
5869551 WHICH POINT IS 1 197 18 FEETSOUTH 88°56'30" WEST OF THE EAST LINEOF SAID DONATION
CLAIM;
THENCE NORTH 88°56'30' EAST ALONG THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET THENCE
NORTH 0°4910' EAST 841 71 FEET TO THE POINT OF BEGINNING;
EXCEPTTHAT PORTION, IF ANY LYING WITHIN SOUTH277TH STREET(52ND STREET NORTHEAST);
TOGETHERWITH THAT PORTION OF VACATED 49TH STREET NORTHEAST (SOUTH280THSTREET)
ADJOINING AS VACATED BY AUBURNORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641 AS WOULD ATTACH BY OPERATION OF LAW
ALSO KNOWNAS TRACT44 TOGETHER WITH VACATED STREETADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2ND ADDITIONACCORDING TO THE UNRECORDED PLAT THEREOF)
PARCEL E.
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO 38, BEING A PART OF SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST
WILLAMETTE MERIDIAN IN KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS.
BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM, AT A POINT WHICH IS SOUTH
89°10'30"WEST 1 196.97 FEET FROMTHE NORTHEAST CORNER THEREOF
THENCE SOUTH 89°10'30"WEST ALONG SAID NORTHERLY LINE 258.34 FEET
THENCE SOUTH 1°03'30" WEST 843.64 FEET TO THE NORTHERLY LINE OF COUNTY ROAD AS
ESTABLISHED BY DEEDS TO KING COUNTYRECORDED UNDER RECORDING NUMBERS 544796 AND
5869551 ATA POINT WHICH IS SOUTH 88°56'30' WEST 1 455.53 FEET FROM THEEAST LINE OF SAID
DONATION LAND CLAIM;
THENCE NORTH 88°56'30"EAST 258.35 FEET
THENCE NORTH 0°49'30"EAST 842.68 FEET TO THE POINT OF BEGINNING,
EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD.AND
EXCEPT THAT PORTION, IF ANY LYING WITHIN SOUTH277TH STREET(52ND STREET NORTHEAST) AND
EXCEPT THATPORTION THEREOF CONVEYED TOKING COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49TH STREETNORTHEAST (SOUTH280TH STREET)
ADJOINING AS VACATED BY AUBURN ORDINANCE3594RECORDED UNDER RECORDINGNUMBER
8102090641 AS WOULDATTACH BY OPERATION OF LAW
ALSO KNOWN AS A PORTION OF TRACT45, TOGETHER WITHVACATED STREET ADJOININGWHITE
RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL F.
THAT PORTION OF THE W.A. COX D L.0 IN SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST
WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS.
BEGINNING ATTHE NORTHEAST CORNER OF SAID W.A.COX D.L.0
THENCE WEST ALONG THE NORTH LINE THEREOF 210.15 FEET TO THE TRUE POINT OF BEGINNING,
THENCECONTINUING WEST ALONG SAIDNORTHLINE 210 0 FEET
THENCE SOUTH 839 74 FEETMORE ORLESS, TOTHENORTH LINE OF SOUTH280TH STREET AS
ESTABLISHED BY DEEDS TOKING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551 ATA POINT420.31 FEET WEST FROMTHE EAST LINE OF SAIDCOX D L.0 THENCE EAST ALONG
SAID NORTH LINE 209.94 FEET
THENCE NORTH 839.0 FEET MORE OR LESS TO THETRUE POINT OF BEGINNINGEXCEPT THE SOUTH
414.56 FEET THEREOF AND
EXCEPT THAT PORTION, IF ANY LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAST)
RES.A
ALSOKNOWN ASAPORTION OF TRACT 41 WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION
ACCORDING TO THE UNRECORDED PLAT THEREOF)
PARCEL G:
THAT PORTION OF THE W.A. COX D L.0 IN SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST
WILLAMETTE MERIDIAN IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE. NORTHEAST CORNER OF SAID W.A. COX D.L.0
THENCE WEST ALONG THE NORTH LINE THEREOF 210 15 FEET
THENCE SOUTH 839 FEET MORE OR LESS TO THE NORTH LINE OF SOUTH 280TH STREET AS
ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
5869551 ATA POINT 210.37 FEET WEST OF THE EAST LINE OF SAID D.L.0
THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO THE EAST LINE OF SAID D.L.0 THENCE
NORTHERLY ALONG SAIDEAST LINE 838.2 FEET TO THE POINT OF BEGINNING, EXCEPTTHE SOUTH
414.56 FEET THEREOF AND
EXCEPT THAT PORTION, IF ANY LYING WITHIN SOUTH277TH STREET(52ND STREET NORTHEAST)
ALSO KNOWN AS A PORTION OF TRACTS 40 AND 41 WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION
ACCORDING TO THE UNRECORDED PLAT THEREOF)
PARCEL H.
THATPORTION OF THEDONATION LANDCLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETH COX,
DESIGNATED AS CLAIM NO 38, BEING A PORTION OF SECTION 31 TOWNSHIP 22 NORTH, RANGE 5 EAST
WILLAMETTE MERIDIAN IN KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING ATTHE NORTHEAST CORNER OFSAID DONATION LAND CLAIM NO 38,THENCE NORTH 88°55'
WEST 420.15 FEET
THENCE SOUTH 1°53'45' WEST 1,229 725 FEET
THENCE NORTH 87°24'27' WEST 622.30 FEET TO THE TRUE POINT OF BEGINNINGTHENCE SOUTH
1°53'45' WEST 117.60 FEET
THENCE NORTH 88°06'15"WEST TO THE EASTMARGIN OF KENT-AUBURN ROAD (86TH AVENUE
SOUTH),ASESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 761007
THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A POINT FROM WHICH THETRUE POINT OF
BEGINNING BEARS SOUTH 87°24'27"EAST,
THENCE SOUTH 87°24'27' EAST TOTHETRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST (86TH AVENUE SOUTH)
ADJOINING,WHICH UPON VACATION,ATTACHED TOSAID PROPERTY BY OPERATION OF LAWS
ALSO KNOWNAS A NORTHWESTERLY PORTION OF TRACT 36 TOGETHER WITH VACATED STREET
ADJOININGWHITE RIVER VALLEY HOME TRACTS 2ND ADDITIONACCORDING TO THE UNRECORDED
PLAT THEREOF).
PARCEL I:
A TRACT OF LAND IN THE W.A. COX DONATION LAND CLAIM NO 38 IN SECTION 31 TOWNSHIP 22 NORTH
RANGE 5 EAST WILLAMETTE MERIDIAN IN KING COUNTYWASHINGTON, DESCRIBED AS FOLLOWS
BEGINNING AT AN INTERSECTION IN THE CURVE OF THE EASTERLY MARGIN OF THE KENT-AUBURN
ROADAS ACQUIRED BYKING COUNTY IN SUPERIOR COURT CAUSE NO 85322, ALSO KNOWNASROAD
76, ANDTHE NORTHEASTERLY MARGIN OF AUBURN WAY NORTH THENCE SOUTH 35°14'08' EAST
ALONG THE EASTERLY MARGIN OF AUBURN WAY NORTH 65.00 FEET TO THE POINT OF BEGINNING OF
SAID TRACT OF LAND.
THENCE CONTINUING SOUTH 35°14'08"EAST 248 49 FEET
THENCE NORTH 49°55'00' EAST 126.88 FEET
THENCE NORTH 34°44'00' WEST 146.85 FEET
RES.A
THENCE NORTH 89°47'15' WEST 156.77 FEET TO THE POINT OF BEGINNING;
ALSO KNOWN AS APORTION OF TRACTS 34 AND 35,WHITE RIVER VALLEY HOME TRACTS2NDADDITION
ACCORDING TO THE UNRECORDED PLAT THEREOF).
PARCEL J.
PARCEL 1 CITY OF AUBURNSHORT PLAT NUMBER SP-29-79 RECORDED UNDERRECORDINGNUMBER
7912120806 SAID SHORTPLAT BEINGA SUBDIVISION OF APORTION OF THE W.A. COX DONATION LAND
CLAIM NO 38 IN SECTION 31 TOWNSHIP 22 NORTH RANGE 5 EAST WILLAMETTE MERIDIAN IN KING
COUNTY WASHINGTON.
TOGETHERWITH THAT PORTION OF VACATED 'D" STREET NORTHEAST ADJOINING, AS WOULD ATTACH
BY OPERATION OF LAW
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER PARCEL 2 OF SAID SHORT
PLAT AS ESTABLISHED BY INSTRUMENTRECORDED UNDER RECORDINGNUMBER7909281042.
PARCEL K.
THAT PORTION OF PARCEL 2, CITY OF AUBURN SHORT PLATNUMBER SP-29-79 RECORDED UNDER
RECORDING NUMBER 7912120806 LYING WEST OF THE SOUTHERLY PRODUCTION OF THEEAST LINE OF
PARCEL 1 OF SAID SHORT PLAT
ALSO
THE WEST 427.03 FEET OF THAT PORTION OF PARCEL 2 OF SAID SHORT PLAT LYING EAST OF THE
SOUTHERLY PRODUCTION OF THE EAST LINE PARCEL 1 OF SAID SHORT PLAT
SAID SHORTPLAT BEINGA SUBDIVISION OF A PORTION OF THE W.A. COX DONATION LAND CLAIM NO 38,
IN SECTION 31 TOWNSHIP 22 NORTH RANGE 5 EAST WILLAMETTE MERIDIAN, IN KING COUNTY
WASHINGTON
PARCEL L.
THE SOUTH 200 FEET OF THE EAST 110 FEET OF THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38
AND 43, IN KING COUNTYWASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTCORNER OF THE WHITE RIVER VALLEY HOME TRACTS, THENCE SOUTH
ALONGEAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION* THENCEEASTERLY TO A
POINT 258.2 FEETEAST OF EAST LINEOF SAID TRACT 32,THENCE NORTH 809 4 FEET TO NORTH LINE OF
DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING
EXCEPT STATEROAD NO 5,
AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR49TH STREETNORTHEAST
PARCEL M:
THAT PORTION OF THE W.A. COX DONATION LAND CLAIM NOS 38 AND 43, IN KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF WHITE RIVER VALLEY HOME TRACTS ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 17 IN KING COUNTYWASHINGTON.
THENCE SOUTH ALONGEAST LINETO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE
EASTERLYTO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809 4 FEET TO
NORTH LINE OF DONATIONCLAIM;
THENCE WEST 258.2 FEET TO BEGINNING,
RES.A
EXCEPTSTATE ROAD NO 5,
AND EXCEPT THE SOUTH 200 FEET OF THEEAST 110 FEET THEREOF
AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR49TH STREET NORTHEAST
AND EXCEPT ALLTHAT PORTION OF THE FOLLOWINGDESCRIBED TRACT OF LAND LYING
SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FROMA POINT 52 FEET NORTHEASTERLY OF
STATION 122 + 63OF AUBURN WAY NORTH AND EXTENDING FROM THE NORTH LINE OF 49TH STREET
NORTHEAST TO A POINT OPPOSITE STATION 122 + 72 (AND AS CONVEYED TO THE CITY OF AUBURN BY
DEED RECORDED UNDER RECORDINGNUMBER 7911271078 RECORDS OFKING COUNTY WASHINGTON)
THAT PORTION OF W.A. COX DONATION CLAIM NOS. 38 AND 43 IN KING COUNTY WASHINGTON,
DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF THE WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO
THEPLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 17 IN KING COUNTYWASHINGTON;
THENCE SOUTH ALONGEAST LINE TO SOUTHEAST CORNER OF TRACT 32 OF SAID ADDITION; THENCE
EASTERLY TO A POINT 258.2 FEET EAST OF EAST LINE OF SAID TRACT 32;THENCE NORTH 809 4 FEET TO
NORTH LINE OF DONATION CLAIM;
THENCE WEST 258.2 FEET TO BEGINNING
SITUATE IN KING COUNTYWASHINGTON.
PARCEL N.
THAT PORTION OF THE EASTHALF OF THE W.A. COX DONATION LAND CLAIM IN SECTION 31 TOWNSHIP
22 NORTH RANGE 5 EAST W.M. IN KING COUNTY WASHINGTONDESCRIBED AS FOLLOWS
BEGINNING 1 454 4 FEET WEST OF THE NORTHEASTCORNER OF SAID W.A.COXDONATION LAND CLAIM;
THENCE SOUTH 843 64 FEET THENCEWEST 258.06 FEET THENCE NORTH 844 6 FEET THENCE EAST
258.95 FEET TO THE POINT OF BEGINNING,
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THEEAST LINE OF THE ABOVEDESCRIBED TRACT OF LAND A DISTANCE 312
FEET NORTH OF THE SOUTHEAST CORNER THEREOF
THENCE SOUTH ALONG SAIDEAST LINE312FEET
THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED TRACT 258 06 FEET THENCE
NORTH ALONGTHE WEST LINE OFSAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF
BEGINNING,
THENCE EAST TO THE POINT OF BEGINNING
ALSOEXCEPTTHE EAST 30 FEET CONDEMNED FOR ROAD PURPOSES IN KING COUNTYSUPERIOR
COURT CAUSE NO 85322;
ALSO EXCEPT THAT PORTION, IF ANY LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO
DAVE HILLANDBRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME469 OF DEEDS
PAGE 605 RECORDS OF KING COUNTY
ALSO EXCEPT THAT PORTION, IF ANY LYING WITHIN SOUTH277TH STREET(52ND STREET NORTHEAST)
BEING KNOWN AS A PORTION OF TRACT46WHITE RIVER VALLEY HOME TRACTS NO 2,ACCORDING TO
THE UNRECORDED PLAT THEREOF)
PARCEL 0:
THAT PORTION OF LOT 32, WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 13 OF PLATS AT PAGE 17 IN KING COUNTY WASHINGTON, LYING
NORTHEASTERLY OF PRIMARY STATE HIGHWAY NO 5,
RES.A
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18
1964 UNDER RECORDING NO 5775470
RES.A
ATTACHMENT 2—AUBURN GATEWAY PROJECT SITE PLAN
The Project Site Plan is incorporated into the Agreement, and is attached. Below is a beef
descnption of the Project. TheProject is more fully described in the SEPA FinalEnvironmental
Impact Statement and supplements and addenda, etc. (Attachment 3)on file with the City
Attachment 2
RES.A
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UP TO 720.000 SF OF RETAIL:500
GATEWAY IC
RESIDENTIAL UNITS AND/OR UP TO 1600.000IIIISFOFFICE(PER APPROVED EIS)
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i' PROJECT SITE PLAN
III
RES.A
ATTACHMENT 3 - CITY OF AUBURN'S ENVIRONMENTAL REVIEW
DRAFT AND FINAL NORTHEAST AUBURN/ROBERTSON PROPERTIES
ENVIRONMENTAL IMPACT STATEMENTS AND SUPPLEMENTS AND ADDENDA,
ETC
1 Draft Environmental Impact Statement Northeast Auburn Robertson Properties Special
Area Plan, City of Auburn, 2004
2 Final Environmental Impact Statement Northeast Auburn Robertson PropertiesSpecial
Area Plan, City of Auburn, 2004
3 Addendum Final Environmental Impact Statement Northeast Auburn Robertson
Properties Special Area Plan, City of Auburn, 2004—clarification of wetland-related text, page 9
4 Addendum to Final Environmental Impact Statement Northeast Auburn Robertson
Properties Special Area Plan, City of Auburn, 2011 —evaluates 11 acres added to the project site,
identification of project phasing, changes in intersection signalization, changes in surrounding
development, changes in regulations
Due to the considerable size of the EIS-related documents, hard copies of the documents have
not been reproduced for all packets distributed for the meeting. Electronic copies of the
documents are availablein the electronic distribution and hard copiesare available on request
from the City of Auburn, Planning and CommunityDevelopment Departmentat One East Main
Street, Auburn WA 98001, 253-804-5033)
Attachment 3
RES.A
ATTACHMENT 4—AUBURN GATEWAY
ARCHITECTURAL AND SITE DESIGN STANDARDS DOCUMENT
Attachment 4
RES.A
ATTACHMENT 5 —DEVELOPMENT REGULATIONS
Listing of Development Regulations as provided for in Section 4 of the Development
Agreement.
ACC Title 12, (Streets, Sidewalks and Public Works) Except Chapters 12.04 (Public Works
Construction) and 12.64A (Required Public Improvements), and excluding any provision in Title
12 requinng payment of permit fees and assessments and excludingprovisions setting forth
permit procedures.
ACC Chapter 15 68, Flood Hazard Areas except any provisions relatedto requinng payment of
fees and permit procedures.
ACC Title 16 (EnvironmentalReview, Shoreline Development Permits and Critical Areas
Regulations) exceptany provisions related to requiring payment of fees and permit procedures.
ACC Title 17 (Land Adjustments and Divisions) except any provisions related to requinng
payment of feesand permit procedures.
ACC Title 18 (Zoning) except any provisions related to requinng payment of fees and permit
procedures.
The Development Regulations attached as Attachment 5 are not in a form suitable for recording.
Copies of the Development Regulations Attachment 5 have been provided to Auburn Properties
Inc. and the City of Auburn with this Agreement and at the time of this Agreement. Any person
wanting copies of this Attachment 5 may obtain such copies bycontacting the City Clerk, at the
City of Auburn City Clerk's Office 25 West Main Street, Auburn, WA, 98001, (253) 931-3090,
or Auburn Properties Inc., Attn. John Manavian c/o Robertson Properties Group, 120 N
Robertson Blvd., Los Angeles, CA 90048,Telephone No (310) 855-8484 or Telecopier No
310) 642-8538
Attachment 5
RES.A
Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA, Inc. of Tacoma, WA; October 2011
AUBURN GATEWAY
ARCHITECTURAL AND SITE
DESIGN STANDARDS
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
Page 2 of 42
Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA of Tacoma, WA; October 2011
TABLE OF CONTENTS
1.0 INTRODUCTION
1.1 PURPOSE OF ARCHITECTURAL AND SITE DESIGN STANDARDS
1.2 ADMINISTRATION
1.3 ORGANIZATION
1.4 DEFINITIONS
2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTER ISTICS AND LAND USES
2.1 URBAN DESIGN AND SITE PLANNING POLICIES AND GOALS
2.2 GENERAL BUILDING, SITE DESIGN STANDARDS AND COMPATIBILITY ISSUES
2.3 LAND USES
2.3.1 OFFICE USE DESIGN STANDARDS
2.3.2 LARGE PAD TENANT RETAIL/COMMERCIAL DESIGN STANDARDS (50,001-230,000 SF)
2.3.3 MID-SIZE TENANT RETAIL/COMMERCIAL DESIGN STANDARDS (10,001-50,000 SF)
2.3.4 SMALL PAD TENANT, COMMERCIAL/RETAIL/SERVICES AND DRIVE-THROUGH DESIGN STANDARDS
(1,000-10,000 SF)
2.3.5 MULTI-FAMILY RESIDENTIAL HOUSING DESIGN STANDARDS
3.0 TRANSPORTATION INFRASTRUCTURE
3.1 TRANSPORTATION RELATED DESIGN POLICIES AND GOALS
3.1.1 INTERNAL STREET CIRCULATION DESIGN STANDARDS
4.0 PROJECT BOUNDARIES, ENTRY POINTS AND LANDSCAPING
4.1 PROJECT BOUNDARY, ENTRY POINT AND LANDSCAPING DESIGN POLICIES AND GOALS
4.1.1 PROJECT BOUNDARY AREA AND ENTRY POINT DESIGN STANDARDS
4.1.2 GATEWAY DESIGN STANDARDS
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
Page 3 of 42
Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA of Tacoma, WA; October 2011
TABLE OF CONTENTS CONT.
4.1.3 LANDSCAPE HIERARCHY AND MASTER PALETTE DESIGN STANDARDS
4.1.4 WALLS AND FENCES DESIGN STANDARDS
5.0 PARKING AREA DESIGN
5.1 PARKING AREA DESIGN POLICIES AND GOALS
5.1.1 PARKING AREA DESIGN STANDARDS
5.1.2 PARKING AREA DESIGN GUIDELINES
6.0 PEDESTRIAN / NON-MOTORIZED NETWORK FEATURES
6.1 PEDESTRIAN / NON-MOTORIZED NETWORK DESIGN POLICIES AND GOALS
6.1.1 PEDESTRIAN / NON-MOTORIZED NETWORK DESIGN STANDARDS
6.1.2 PEDESTRIAN / NON-MOTORIZED NETWORK DESIGN GUIDELINES
7.0 SITE LIGHTING
7.1 SITE LIGHTING DESIGN POLICIES AND GOALS
7.1.1 SITE LIGHTING DESIGN STANDARDS
8.0 NATURAL AMENITIES AND PUBLIC MULTI-SPACE
8.1 NATURAL AMENITIES AND PUBLIC MULTI-SPACE DESIGN POLICIES AND GOALS
8.1.1 NATURAL AMENITIES AND PUBLIC MULTI-SPACE DESIGN STANDARDS
8.1.2 NATURAL AMENITIES AND PUBLIC MULTI-SPACE DESIGN GUIDELINES
9.0 MASTER SIGN PLAN
9.1 MASTER SIGN PLAN DESIGN POLICIES AND GOALS
9.1.1 MASTER SIGN PLAN DESIGN STANDARDS
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
Page 4 of 42
Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA of Tacoma, WA; October 2011
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
1.0 INTRODUCTION
Urban design can be an important tool in achieving goals for land use and development. The
NE Auburn Special Area Plan provides an opportunity to achieve a high degree of design quality.
Robertson Properties Group has helped to develop and has committed to adhere to the Auburn
Gateway Architectural and Site Design Standards, which are more stringent than those required
by zoning bulk regulations. These Auburn Gateway Architectural and Site Design Standards will
implement the policy directives of the previously adopted NE Auburn Special Area Plan
(Ordinance No. 6183, June 2008). These policies are the basis of the City of Auburn’s
expectations for the project and are included throughout the Standards at the beginning of each
section.
1.1 PURPOSE OF ARCHTECTURAL AND SITE DESIGN STANDARDS
The Auburn Gateway Architectural and Site Design Standards, or the “Design Standards”, were
originated by Robertson Properties Group (RPG) to apply to their “Auburn Gateway project” and
consists of the Auburn Gateway I and Auburn Gateway II project areas that are described in the Final
Environmental Impact Statement (EIS) and EIS addendum. The Auburn Gateway project consists of
approximately 70 acres. These Design Standards are meant to supplement and work in conjunction
with the Auburn City Code (ACC) and any other regulatory codes and standards that are referenced with
the ACC. These Design Standards apply in lieu of t he City of Auburn’s ‘Multi-Family & Mixed-Use
Developments Design Standards’, adopted July 12, 2010, which are not applicable to the Auburn
Gateway project.
The Design Standards were originated to fulfill three main purposes. First, the purpose of the Design
Standards is to establish the design and development requirements that will guide the quality of
development of a specific area within the City of Auburn in compliance with the comprehensive plan
and specifically the NE Auburn Special Area Plan, a subarea or neighborhood plan of the city’s
comprehensive plan.
Second, the purpose of the Design Standards is to e stablish the enhanced design and development
requirements that will guide the quality of development to demonstrate that the city code criteria is
met as required for the approval of development agreements. The city code section that addresses
city council approval of a development agreement and to which the project is vested , requires
demonstration of the use of enhanced design features to provide building and site design that
complements surrounding land uses, the project environment and is reflective of quality site planning,
landscaping and building architecture.
Third, the Design Standards were developed to demonstrate the quality of site planning, landscaping
and building architecture for the purpose of evaluating aesthetic impacts under the Environmental
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
Page 5 of 42
Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA of Tacoma, WA; October 2011
Policy Act (SEPA, WAC 197-11). The Design Standards were originated by RPG prior to preparation of
the Draft and Final Environmental Impact Statements to serve as the baseline for assessing the potential
significance or insignificance of visual impacts re sulting from the Auburn Gateway Project. The Design
Standards were subsequently revised at the time of preparation of the EIS addendum.
The Design Standards are primarily intended to address architectural and site design and not conflict
with or supersede the dimensional standards typically found in the zoning code or to apply to public o r
private infrastructure-type improvements, except where design of one element influences the other.
Because it is expected that development will generally span 15 years from site planning to construction
and occupancy, to agree with the term of the development agreement for the Auburn Gateway Project,
the Design Standard’s general goals are intended to ensure that development will achieve the following:
• Establish a coordinated, unified and identifiable v isual character around and throughout the development
and development phases in both building and overall site design.
• Allow an innovative and flexible balance between all intended land uses.
• Convey a sense of permanence, attention to detail, quality and investment.
• Establish a strong pedestrian oriented core, with efficient vehicular circulation.
• Address the need for protection and enhancement of critical areas.
• Guide the bulk and scale of buildings so that build ings of different uses relate to one another and do not
appear incongruent.
The Auburn Gateway is an entry point to the City of Auburn and as such should both visually announce
the transition into the city limits while inviting vehicles and pedestrians originating locally and from the
vicinity to enter along clearly marked paths that have a purpose and destination. Ultimately, the City
envisions a sustainable mixed-use development that draws visitors to it and also encourages flow
through to the center of the City.
The Design Standards are intended to capitalize on the existing strengths and future opportunities in
order to prescribe and address aesthetic issues and thereby create a vibrant mix of commercial, office
and residential. This development will be linked w ith neighboring sites by a network of pedestrian
walkways and plazas supported by adequate vehicular circulation to flow smoothly through and around
the site, while giving priority to pedestrian safety within the development core.
The Auburn Gateway project is proposed to consist of a mix of retail, office, and multifamily residential
uses. Development in this area will include new roads and utilities, surface parking, stormwater
detention and water quality facilities. The land uses of the future development are intended to be
responsive to the market and the various land uses involved in the Auburn Gateway project may include
up to 720,000 square feet of retail development, 1,600,000 square feet of office, 500 multi-family
residences, and supporting parking.
The primary focus will be the development of traditional mid-size to large pad tenant retail uses that
have parking in front of the buildings and where appropriate between the buildings and streets, in
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combination with other mutually supporting uses. T he Design Standards presents a guide for the
following five main land uses that may be used in any combination of phased portions of this project:
• Office development (medical/dental or other professional offices)
• Large pad tenant retail/commercial uses (50,001 square feet – 230,000 square feet)
• Mid-size tenant retail/commercial uses (10,001 square feet – 50,000 square feet)
• Small pad tenant, in-line shop tenants and drive-through commercial/retail services ( 1,000 square feet –
10,000 square feet)
• Multi-family residential housing over other first floor uses.
1.2 ADMINISTRATION
Design standards are meant to be administratively applied by the Planning Director or designee and
interpreted to provide flexibility and creativity. The Design Standards are intended to be administered
and implemented in accordance with the City's Design Standards Plan Review process as described in
Auburn City Code Section 18.31.200. City code section 18.31.200 will require a text amendment to
broaden the scope beyond its current language which refers to a single set of design standards
applicable only to Mixed Use and Multi-Family Resid ential, and to acknowledge an additional unique set
of design standards that apply to this specific por tion of the city: the Auburn Gateway project area.
After amendment, this code section will provide the applicability, exemptions, purpose, review
standards, submittal requirements and the process for adjustments of the design approvals.
As these Design Standards will apply to a project that is intended to be developed in phases over a
generally 15-year period, the Design Standards will likely need to be adapted to changing market
conditions and construction techniques and may require additional amendment over this period of time.
The Design Standards document may be amended upon approval by the Planning and Development
Committee of the Auburn City Council after staff recommendation.
The Design Standards are meant to be supplemental to and work with the zoning requirements of
Auburn City Code Chapter 18.31, C4 Mixed Use Commercial Zoning District. The authority for these
Standards will be applied through a development agreement between RPG and the City of Auburn and
will apply to properties with the Auburn Gateway project area. The Design Standards are intended to
be adopted by reference within the code section implementing the development agreement. A copy
of the Design Standards shall be maintained on file by the city clerk.
1.3 ORGANIZATION
This manual is organized into nine chapters that de al with the following elements:
Chapter 1. Project introduction; Goals and Administ ration of the Architectural and Site Design Standards; and
Definitions and other overarching functions.
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Chapter 2. Urban design, site planning, building ch aracteristics of all anticipated land uses on the p roject site.
Chapter 3. Transportation infrastructure, outlining vehicular and pedestrian mobility requirements.
Chapter 4. Project boundaries, entry points and landscaping, how the site is defined and accessed.
Chapter 5. Parking area design and landscape needs, separation from pedestrian uses and relation to buildings.
Chapter 6. Pedestrian and non-motorized network features; connectivity to surroundings and throughout the
site.
Chapter 7. Site lighting standards and performance requirements.
Chapter 8. Natural amenities and public multi-spaces.
Chapter 9. Master Sign Plan
Within each of these chapters the manual is organized into the following sections:
• Policies and Goals – This section contains the policy statements and goals that form the basis
of the directives and expectations for the project
• Design Standards – This section contains the requir ements for design of the project that will
be implemented. These are generally denoted by the word: “shall”.
• Design Guidelines – This section contains design co nsiderations for the project. These are
expressed as considerations where the applicant is requested to give strong consideration to
the guideline, and implement the guideline, if feasible and appropriate. These are generally
denoted by the word: “should”.
Within the document photos and drawings are provide d for illustrative purposes to convey graphically
the intent of the standards and guidelines.
1.4 DEFINITIONS
The following terms are used to describe certain elements of site design and building architecture and
are generally defined as stated. Terms used in the Design Standards but not defined here shall have the
same meaning as that contained in the Auburn Comprehensive Plan or Zoning Ordinance.
articulation Variation in depth of the building plane, roof, mat erials and/or height of a structure
that breaks up a plain, monotonous area and creates patterns of light.
balance An aspect of rhythm achieved by matching different symmetrical and asymmetrical
elements which when perceived as a whole display harmony or equilibrium.
berm A mound or wall of earth that may be landscaped to create a screen or barrier.
bikeway A term that encompasses bicycle lanes, bicycle paths, and bicycle routes.
bollard A raised planter; a type of light standard; or, a structure that prohibits vehicle access
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to a pathway or other area.
buffer/buffering The act of softening or mitigating the effects of one use on another. Usually
achieved by a combination of distance, landscaping or physical barriers.
character Special physical features of a structure or area that set it apart from its surroundings
and contributes to its individuality.
column A vertical shaft or pillar that supports, or appears to support, a load.
compatible Projects that give the appearance of existing together without conflict with respect
to site, architecture and landscaping design.
cornice A decorative horizontal member or top course that crowns a wall or architectural
composition.
courtyard An area wholly or partly surrounded by walls or buildings.
design To create, fashion, and arrange elements or details. The creation and execution of
aesthetic and functional elements.
eaves The lower border of a roof that overhangs the wall.
emphasis The use of different elements, features and patterns, including landscaping, to call
attention to a feature or place such as a building entrance or focal point.
façade The exterior face of a building.
fascia A flat board with a vertical face that forms the trim along the edge of a flat roof, or
along the eaves of a pitched roof. The rain gutter is often mounted to it.
fenestration The arrangement and design of windows and doors in a building.
footprint The outline of a building at all of those points wh ere it meets the ground.
gable The portion of an end wall or truss of a building e nclosed by the sloping ends of a
pitched or gable roof. In the case of a pitched roof this takes the form of an isosceles
triangle that forms the entire end, or the upper half of the end, of a gable roof.
gable roof A double sloping roof that creates a gable at each end.
hip roof A roof having four uniformly pitched sides.
landscaping The planting of trees, shrubs and groundcovers that have been suitably designed,
selected, installed and maintained so as to permanently enhance a site or roadway.
louver An opening provided with one or more slanted fixed or movable fins to allow flow of
air but to exclude rain or sun.
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mansard roof A roof with two slopes on each side, the lower slope being much steeper.
marquee A roof-like structure made of solid materials, projecting over an entrance to a
building and connected to the wall with no columnar support. The front of the
marquee is often hung from chains or rods extending out from the face of the
building.
masonry Wall construction materials such as stone, brick, adobe and concrete.
mass/massing The physical bulk or volume of a building. In archi tectural terms, a single-mass
building is a single geometric form such as a rectangle or square, and may include a
simple roof form with no variation in the roof line. “Massing” refers to variation in
the mass and may involve multiple masses joined together.
mixed-use
development
A single unified development that incorporates the planned integration of two or
more different land uses consisting of some combination of office, light industrial,
hotel, retail, entertainment, public uses, and residential uses. Mixed-use
development may be vertically oriented in one or more buildings, or geographically
distributed on a development site. When geographically distributed, the different
uses may be constructed concurrently or in separate phases, and should incorporate
common and/or complimentary features and/or elements such as pedestrian
walkways, access driveways, parking areas, architectural themes, or other
techniques that provide integration between uses on the site.
modulation -
building
A measured and proportioned inflection or setback in a building’s footprint.
modulation - façade Architectural techniques and elements used that can add interest to a blank wall. It
includes such things as using different types of windows and incorporating
decorative features like tile or trim work.
multi-family Multi-family residential housing over other first floor uses.
palette In building architecture, the set of colors to be used on a particular building or group
of buildings. In landscape architecture, the set of planting materials to be used in the
landscape design.
parapet The part of a wall that rises above the edge of the roof.
pattern The arrangement of building materials or features into a pattern designed to add
texture, scale, balance and/or character to a building.
pedestrian scale The relating of the structures and features in the built environment to the size of a
person.
pitch The angle of a roof pitch, usually expressed as a ratio of units of vertical distance to
12 units of horizontal distance. For example, 8/12 means eight units of vertical rise
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to every 12 units of horizontal run.
proportion The relationship between elements taken as a whole or in comparison to each other.
Often expressed as a ratio.
public multi-space A publicly accessible gathering place, plaza, or pedestrian-oriented space associated
with commercial development or high density, urban, multi-family development.
roof-mounted
equipment
Heating and air conditioning units or other mechanical equipment mounted on the
roof of a building.
scale The measurement of the relationship between objects. Usually expressed in terms of
a building or element possessing human or pedestrian proportions. Also refers to the
relationship between different architectural elements of a building and their
relationship to the building itself.
sculpture A three-dimensional artwork created by shaping hard or plastic material, commonly
stone (either rock or marble), metal, or wood.
setbacks The depth of a yard area bounded on opposite sides by lot lines along the span of a
parcel within which no building or structures may b e permitted except as required
for public utilities, unless specifically permitted by the Zoning Code.
shall/should Where a standard is prefaced by the word “shall,” compliance with that standard is
mandatory. Where the word “should” is used, the applicant is requested to give
strong consideration to that guideline.
streetscape The appearance achieved along a street (public or private) from implementation of a
comprehensive, unified landscape plan requiring similar landscape components and
elements between adjacent parcels.
texture The surface characteristics of the exterior facade of a building created through the
use of similar or differing materials and patterns usually expressed in terms of
softness, smoothness or roughness.
trellis A frame or latticework used as a screen or as a support for climbing plants to create
a screen.
urban design The practice of giving form, beauty and function to an area or portion of the city
through the establishment of guidelines that express a concern for the location,
mass, design, and appearance of various urban components.
view corridor The line of sight with respect to height, width, and distance of an observer.
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2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTERISTICS AND LAND
USES
The purpose of this section is to encourage site pl anning and building massing that is
conducive to a retail/commercial focus and visual c haracter, while designing comfortable
human-scale environments for the full complement of land uses on the site.
2.1 URBAN DESIGN AND SITE PLANNING POLICIES AND GOALS
The aim of the following urban design and site plan ning goals is to allow flexibility of any
combination of land uses that supports a vital shop ping and pedestrian environment. Design
standards for each land use are intended to relate to one another, providing a cohesive
unified appearance to the development. General goals, common to the entire mixed-use
project, are to:
A. Site planning and building massing should be conduc ive to a retail/commercial focus and visual
character, and comfortable human-scale environments should be incorporated within all land uses in
the planning area. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.1., Urban Design
Site Planning , Building Characteristics and Land Uses)
B. A visually friendly frontage with “street appeal” for passersby on major streets (South 277th Street, D
Street NE, I Street NE, 49th Street NE, and Auburn Way North) should be developed. (Policy Statement
from NE Auburn Special Area Plan, Section 2.6.1., Urban Design Site Planning , Building Characteristics
and Land Uses)
C. Building and/or landscape forms should be articulated as focal points, and major site entrance points
should be framed. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.1., Urban Design
Site Planning , Building Characteristics and Land Uses)
D. The building characteristics and landscape design should include themes that unify the site character
across multiple phases of development. (Policy Statement from NE Auburn Special Area Plan, Section
2.6.1., Urban Design Site Planning , Building Characteristics and Land Uses)
E. Landscape plantings should be used to reduce the vi sual impact of open parking areas and loading,
service, and storage functions. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.1.,
Urban Design Site Planning , Building Characteristics and Land Uses)
F. Multifamily development should be of high-quality d esign, create a sense of community and synergy
between land uses, and include active- and passive-use open space appropriate for use by all age
groups. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.1., Urban Design Site
Planning , Building Characteristics and Land Uses)
G. Create a site plan that defines the Auburn Gateway project as a clearly recognizable and distinct
urban landmark.
H. Assemble buildings and land uses in a harmonious as sociation of mutually compatible uses, to
encourage a sustainable relationship between land u ses and circulation to reduce automobile
dependency and promote pedestrian mobility.
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I. Define a clearly recognizable on-site pedestrian and vehicular circulations system.
J. Facilitate connections to regional mass transportation and recreational bicycle routes.
K. Develop a family of architectural styles, massing, colors and textures reflective of local
contemporary design to tie the buildings and site together. As development occurs over time,
each subsequent phase shall be reviewed for consist ency with design compatibility to existing
development.
L. Provide for continuity of landscape themes, and use landscape plantings to unify the site character
and reduce the visual impact of open parking areas.
M. Provide a gradual visual and environmentally approp riate transition from developed areas to
natural areas. Pedestrian plazas, pathways and landscaping elements along with scale of features
can aid in transition from more intense public uses to less intensive uses.
N. Avoid pedestrian and vehicle conflicts by emphasizing pedestrian orientation and safety.
2.2 GENERAL BUILDING, SITE DESIGN STANDARDS AND COMPATIBILITY ISSUES
New commercial buildings shall provide architectura l relief and interest, with emphasis at the
building entrances and along walkways, to promote and enhance a comfortable pedestrian
scale and orientation. Attention to detail can sig nificantly increase the compatibility of
commercial development with adjacent uses.
To accomplish building relief and interest the proj ect design shall:
A. Provide a vehicular and pedestrian framework about which buildings and land uses are arranged to
create overall site character and sense of place.
B. Provide entrances to buildings that face the site interior and parking areas.
Provide pedestrian walkways differentiated by texture and/or color so that there is a clear separation of
pedestrian from vehicular traffic.
FIG. 2.2
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Incorporating ground floor windows for transparency along pedestrian walkway to a main entry.
Upper floor windows continue similar character.
C. Fronts of buildings shall face main walkways and be embellished with coordinated street furniture.
D. Create main pedestrian connection corridors between businesses, parking areas and other land
uses.
E. Incorporate ground floor windows, transparency or other architectural elements along frontages
adjacent to walkways. The main front elevations of buildings shall provide a minimum of 20% of
the length of the frontage in transparency at the pedestrian level. Functional characteristics of
the intended use shall be taken into consideration when evaluating proposed elevations for
transparency. When transparency is not feasible, appropriate substitutions such as additional
articulation or use of opaque window-like features that promote pedestrian interest, shall be used.
F. Design any upper floor windows to continue the vert ical and horizontal character of the ground
level windows as proposed uses allow.
G. Walls shall include a combination of architectural elements and features such as offsets, pilasters,
windows, entry treatments, awnings, colonnades, trellises or other similar elements, and a
variation in materials and colors. Blank walls sha ll be minimized. Pedestrian amenities and
landscaping may also be used to help break up the appearance of blank walls.
H. Walls that are typically the back or service side of a commercial or office building shall be treated
with emphasis on screening unsightly back of the bu ilding functions that are within the public view.
Any undesirable impacts produced on the site, such as noise, glare, odors, dust or vibrations shall
be adequately screened from public view and adjacent properties.
I. Unsightly exterior improvements and items such as trash receptacles and mechanical devices shall
be screened either by walls, fencing or landscaping. Roof top equipment shall be treated so if
visible shall appear as if part of the building. L andscaping may be used as a ground-level
screening element if dense enough to properly screen the activity from public viewing areas.
J. On-site loading facilities shall provide sufficient square footage and number to adequately handle
the delivery or shipping of goods or people.
K. Group loading/delivery and service related function s close to those of adjacent buildings where
possible to reduce areas dedicated to service and maximize parking capability and landscape areas.
L. The project shall provide a variety of urban-style, publicly-accessible open spaces or “public
multi-spaces” associated with the commercial development. Such spaces shall range in size and
purpose and be designed, constructed and maintained for the enjoyment primarily by users of the
retail, service and professional offices uses. The open spaces shall be an integral part of the
overall development design, not merely leftover space and clearly defined and distinguished from
parking areas and walkways. The open spaces shall include pedestrian-oriented amenities such as
trees, shrubs, pathways, sculpture, benches, bike racks, and water elements.
M. The urban-style, publicly-accessible open spaces or “public multi-spaces” associated with the
commercial development shall be appropriately locat ed within the project site, along major
pedestrian corridors linking to walkways and sidewalks. Where possible, such features shall be
located adjacent to wetland buffers, stormwater management or natural areas to take advantage
of visual accessibility when such proximity does no t compromise the function of the wetland
buffers, stormwater management or natural areas.
N. Develop and implement a coordinated hierarchy of landscape themes and design to tie the
buildings and site areas and phases together. In a ddition to landscape palette, elements to be
coordinated will include site furniture, pedestrian and bicycle pathway design, alternative
pavement treatments, lighting, critical area fencing, etc. As development occurs over time, each
subsequent phase shall be reviewed for consistency with landscape design compatibility to existing
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development.
O. Landscaping shall include retention of existing veg etation where appropriate, and in new plantings
include the use of drought tolerant plant materials native to the pacific northwest or well-adapted
to the climate and avoid the use of invasive or nui sance plants.
P. Landscaping shall be coordinated with all site util ity elements such as power lines, underground
lines, transformers, meter boxes, and fire protection devices to effectively diminish the visual
impact of such utility elements while ensuring sight distance for pedestrian and vehicular safety
and the long-term viability of the landscaping.
2.3 LAND USES
This section defines the categories of land uses an d presents design standards for these
categories of land uses that may be used in any combination of phased portions of this
project.
A. Office development (medical/dental or other professional offices)
B. Large pad tenant retail/commercial uses (50,001-250,000 square feet gross floor area)
C. Mid-size tenant retail/commercial uses (10,001-50,000 square feet gross floor area)
D. Small pad tenant, in-line shop tenants and drive th rough commercial/retail services (1,000-10,000
square feet gross floor area)
E. Multi-family residential housing as allowed within the upper story of multi-story buildings, except
for necessary support functions which can be located on the ground floor.
2.3.1 OFFICE USE DESIGN STANDARDS
Offices are needed for the provision of professiona l services and businesses to the community.
Buildings shall adhere to the following:
A. Office buildings may be single use structures, o r have a combination of office and retail
functions on the ground floor, with offices on uppe r floors.
B. Orient front doors toward the site interior, pedestrian zones and parking.
C. Articulate entries through the use of architectural features such as overhangs.
D. Upper floor windows shall continue similar horizontal and vertical character of the ground
floors.
E. The rear and sides of office buildings shall hav e articulation, architectural features and
fenestration to provide aesthetics and visual inter est.
F. Accentuate building presence by highlighting wit h formal landscape themes around the base of
the building perimeter.
G. Provide roofs, canopies or other forms of weath er protection at main building entries.
2.3.2 LARGE PAD TENANT RETAIL/COMMERCIAL DESIGN STANDARDS
(50,001-230,000 SQUARE FEET GROSS FLOOR AREA)
Large retail tenants are destinations that are regionally focused due to the diversity of goods and
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material contained in one location. As such they a re necessarily automobile oriented. However, to
reduce automobile reliance within the site by custo mers, site layout and building design shall focus o n
minimizing walking distance and providing for pedes trian needs and comfort over vehicles.
FIG. 2.3.2 A
Highlight main pedestrian entrances and destination s to be clearly visible from other site locations.
A. Orient buildings so entry doors are closest to the incoming internal street. Main entrances
shall be clearly identifiable from a distance to fa cilitate navigation.
B. Individual buildings shall have horizontal and ver tical modulations both in relief and material
changes for visual interest and aesthetic diversity. (Refer to Table 2.3.2). Wall and parapet
modulation, design features and architectural detailing can be combined to break up long walls
and reduce the appearance of large building massing. Horizontal setbacks and vertical
step-backs provide for landscaping, light and pedestrian resting/gathering areas along
pedestrian corridors.
C. Walls over 60 feet in length shall provide breaks in the wall plane either by modulating the
building footprint or providing feature elements in order to provide visual relief from the
horizontal length. Design elements and features sh all be proportionate to the scale and size
of the building.
TABLE 2.3.2 WALL ARTICULATION FOR LARGE PAD TENANT RETAIL, 50,001 – 230,000 SQUARE FEET
Building Feature Distances Material Appearance/Finish
Principal Façade
60 foot maximum length shall be
allowed without articulation.
Provide 3-dimensional elements for
at least 50% of the overall façade.
Colonnades shall cover at least 6 feet
of the walkway at storefront window
space for shelter, shade and lighting.
Include pedestrian amenities along
front façade and connecting
Shall have variety of visually and tactilely
different materials up to 20 feet height.
Change materials from one building to
another within a range of compatible
materials for consistency. Shall have
homogenous finish, with scoring patterns
and/or material changes. Weather
protection for pedestrians that is integral
to the building design shall be provided
along the façades that are convenience
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pedestrian pathways. routes, where appropriate.
Building Entrances
Highlight entrances with vertical
change of at least 4 feet higher than
average wall height. Building may be
articulated forward or back to
accentuate entrance, but maintain
required width of walkways. Use
second story-like or clear story
features at building entrances or
street intersections to provide a
transition between single story and
multi-storied buildings.
Entrances shall have architectural
elements significantly different than the
rest of the wall space, and may use a
large roof covering for entrances, which
shall provide adequate weather
protection. Columns, canopies, or other
architectural features may be used on
either side of the entry canopy to
“announce” the presence of a store
entry. Higher quality material, such as
tile, brick, or heavy timber, etc., shall be
used at these architectural features.
Secondary Façades (walls facing
Primary Public Streets)
Horizontal articulation shall be same
as for Principal Façades, allowing for
landscaping and pedestrian access.
Continue articulation with window
elements, trellis, awnings, or other wall
material finishes to provide building
interest, for at least 30% of the length of
the façade.
Side Entrances facing Primary Public
Streets
Shall be a scaled down version of
main front door entry treatment.
Shall be a scaled down version of main
front door entry treatment.
Rear building walls facing Primary
Public Streets
As much as possible, modulate and
articulate building walls and parapet
line to break up large planes of walls.
Screen from public viewing areas
with landscaping. Utilize scoring
patterns and/or material changes
rather than building exterior color
changes alone.
Continue any multi-color or multi-finish
scheme around building to include the
rear.
Mechanical, trash, storage and
loading facilities shall be screened
when facing a Public Street
If on grade, screening walls shall be
constructed of the same materials as
the building and attached to the
building, a minimum 8 feet high.
For mechanical units on building
roofs, locate at perimeter if obscured
by parapet walls or locate away from
edges of wall out of sight lines from
parking areas, and public roads.
Screening walls shall be provided if
units are visible from street
rights-of-way or parking areas.
Material shall be compatible with chosen
building finishes. Chain link fencing shall
not be used. Brick, CMU, wood fencing,
ornamental steel may be used as
screening. Landscape planting shall be
used as additional screening.
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FIG. 2.3.2 B
Landscaping shall screen service areas from public view.
2.3.3 MID-SIZE TENANT RETAIL/COMMERCIAL DESIGN STANDARDS
(10,001-50,000 SQUARE FEET GROSS FLOOR AREA)
Mid-size commercial and retail buildings serve different needs of customers than large scale
tenants. Mid-size retail centers can include books tores, grocery stores, clothing, gardening
supplies and hardware. The Design Standards for these stores are similar to those for large
size retail/commercial tenants. Mid-size retail may function as standalone buildings or be
attached to a larger retail/commercial building.
TABLE 2.3.3 WALL ARTICULATION FOR MID-SIZE, TENANT RETAIL AND DRIVE THROUGH, 10,001 – 50,000 SQUARE
FEET
Building Feature Distances Material Appearance/Finish
Principal Façade 30 foot maximum length shall be
allowed without articulation.
Provide 3-dimensional elements for
at least 50% of the overall façade.
Colonnades shall cover at least 6 feet
of the walkway at storefront window
space for shelter, shade and lighting.
Shall have variety of visually and tactilely
different materials up to 16 feet height.
Change materials from one building to
another within a range of compatible
materials for consistency. Shall have
homogenous finish, with scoring patterns
and/or material changes. Weather
protection for pedestrians that is integral
to the building design shall be provided
along the façades that are convenience
routes, where appropriate.
Building Entrances Highlight entrances with vertical
change of at least 2 feet higher than
Entrances shall have architectural
elements significantly different than the
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average wall height.
Building may be articulated forward
or back to accentuate entrance.
rest of the wall space, and may use a
large roof covering for entrances.
Columns, canopies, or other architectural
features may be used on either side of
the entry canopy to “announce” the
presence of a store entry. Higher
quality material, such as tile, brick, or
heavy timber, etc., shall be used at these
architectural features.
Consider second story-like features at
building entrances or street intersections
to provide a transition between single
story and multi-storied buildings.
Secondary Façades (walls facing
Primary Public Streets)
Horizontal articulation shall be same
as for Principal Façades, allowing for
landscaping and pedestrian access.
Continue articulation for at least 30%
of the length of the façade.
Continue articulation with window
elements, trellis, awnings, or other wall
material finishes to provide building
interest, for at least 30% of the length of
the façade.
Side Entrances facing Primary Public
Streets
Shall be a scaled down version of
main front door entry treatment.
Shall be a scaled down version of main
front door entry treatment.
Rear building walls facing Primary
Public Streets
As much as possible, modulate and
articulate building walls and parapet
line to break up large planes of walls.
Screen from public viewing areas
with landscaping. Utilize scoring
patterns and/or material changes
rather than applied building exterior
color changes alone.
Continue any multi-color or multi-finish
scheme around building to include the
rear.
Mechanical, trash, storage and
loading facilities.
If on grade, screening walls shall be a
minimum 8 feet high.
For mechanical units on building
roofs, locate at perimeter if obscured
by parapet walls or locate away from
edges of wall out of sight lines from
parking areas, and public roads.
Screening walls shall be provided if
units are visible from street
rights-of-way or parking areas.
Material shall be compatible with chosen
building finishes. Chain link fencing shall
not be used. Brick, CMU, wood fencing,
ornamental steel may be used as
screening. Landscape planting shall be
used to screen these areas.
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FIG. 2.3.3 A
Pedestrian Pocket
FIG. 2.3.3 B
Retail development illustrating wall articulation, entry treatment, and wall height variation.
2.3.4 SMALL PAD TENANT, COMMERCIAL/RETAIL/SERVICES AND DRIVE-THROUGH DESIGN STANDARDS
( 1,000 – 10,000 SQUARE FEET GROSS FLOOR AREA)
Small pad tenants include restaurants, banks or spe cialized offices and commercial retail
functions, such as dentists, vision stores, drugsto res, bakeries, restaurants, specialty clothing
shops, and neighborhood services. Small pad retail/commercial functions also include
drive-through services such as banks with outdoor automatic teller machines, pharmacies,
drive-through beverage and fast food services.
A. As much as possible, all drive-through and small pad tenants shall be connected to each other
in the pedestrian network and front onto main walkways.
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B. Drive-through lanes shall work with pedestrian a nd automobile flow so as not to generate
conflicts, and be clearly visible at select locations to prevent criminal activity from happening
in the drive through lane areas.
C. Where two drive-through facilities are within 100 feet of each other and both of a restaurant
type use, coordinate an outdoor seating plaza between them in order to form a terminus to
pedestrian walkways. (See figure 2.3.4)
D. Where drive-through lanes are visible from public streets or private main roads, a low wall 3
feet high with adjacent landscaping shall be provid ed to break up the impact of vehicular
stacking at the drive through window.
FIG. 2.3.4
Plazas such as this one can unify the pedestrian and landscape themes between two small pad businesses and act as a
terminus for a major pedestrian connector to larger retail tenants. Connection to the urban trail sys tem can make this
place a stopping point for recreational users.
2.3.5 MULTI-FAMILY RESIDENTIAL HOUSING DESIGN STANDARDS
The design standards applicable to multi-family hou sing are intended to set threshold
standards for quality designs in new multi-family development. Good design results from
buildings that are visually compatible with one ano ther and adjacent neighborhoods and
contribute to a residential district that is attractive, active and safe.
Multi-family housing within the Auburn Gateway is l imited to residential that is located on
floors above other uses in a mixed-use setting and provides a vital component of pedestrian
and customer activity as an important economic part of the development.
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General design standards for multi-family housing a re as follows:
A. Entrances to housing units shall be separated from first floor uses and clearly identifiable as
private entities, unless there are demonstrated benefits from shared entrances.
B. Articulate buildings and textures to be reflective of a Northwest style of architecture
reminiscent of local contemporary projects that help mitigate the impact of large
developments.
C. Common walkways shall connect to parking areas, and nearby internal public multi-spaces.
D. For Multi-family developments, an area shall be per manently established as common outdoor
open space which could be at grade level or be a rooftop element. It should be of adequate
size and shape as is driven by the market, in order to ensure the Multi-family development be
marketable and attractive to potential occupants. O utdoor space should be located to be
functional for passive uses. It is not the intent to provide formal playfields or play structures
within the Auburn Gateway development.
FIG. 2.3.5
Edging gardens, fence, landscape features.
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3.0 TRANSPORTATION INFRASTRUCTURE
The purpose of the transportation infrastructure section is to ensure an efficient and logical
layout of roads and pedestrian linkages that makes egress and ingress easy for customers and
visitors to the site. The transportation network proposed defines the skeleton of circulation
around which the site development is arranged, and the project boundaries are defined.
3.1 TRANSPORATION RELATED DESIGN POLICIES AND GOALS
A. Develop a clear hierarchy of road systems that progresses from major public thoroughfares to
intimate pedestrian-scale roads to internal roads serving parking areas and site uses. (Policy
Statement from NE Auburn Special Area Plan, Section 2.6.2., Transportation Infrastructure)
B. Provide for bus zones and pedestrian and bicycle travel in a safe manner. (Policy Statement from NE
Auburn Special Area Plan, Section 2.6.2., Transportation Infrastructure)
C. Satisfy access requirements for solid waste handlin g, utility, police, fire, and emergency personnel.
(Policy Statement from NE Auburn Special Area Plan, Section 2.6.2., Transportation Infrastructure )
D. Provide a logical sequence of entry and egress to the site, with traffic calming measures to reduce
potential accident hazards.
E. This development will be linked with neighboring si tes by a network of pedestrian walkways and
plazas supported by adequate vehicular circulation to flow smoothly through and around the site,
while giving priority to pedestrian safety.
3.1.1 INTERNAL STREET CIRCULATION DESIGN STANDARDS
Internal streets are the finer grain of vehicular traffic that brings visitors and customers to their
destinations and provides egress from the site. This is the interface between pedestrian and vehicula r
traffic that is found between parking areas and the site buildings. Internal streets shall provide:
A. Pedestrian and vehicular traffic separated by landscaped strips with shrubs, ground covers and
trees.
B. Pedestrian areas shall be distinguished by a change in pavement to scored concrete, concrete
unit pavers, or some other surface treatment at major intersections of internal streets (at
entry to large retail tenants, for example).
C. Driveways shall be aligned where possible.
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4.0 PROJECT BOUNDARIES, ENTRY POINTS AND LANDSCAPING
The purpose of this section is to establish a clear sense of place that defines the site’s distinct
character for instant recognition for visitors and customers. Boundary definition and entry
points are to establish clear edges and set up a hierarchy of spaces that delineate areas of
ownership and progression from public areas to private ones.
4.1 PROJECT BOUNDARY, ENTRY POINT AND LANDSCAPING DESIGN POLICIES AND GOALS
A. Establish a clear “sense of place” that defines the distinct character of the Auburn Gateway project
area through a unified approach to boundary and ent ry design. (Policy Statement from NE Auburn
Special Area Plan, Section 2.6.3., Project Area Boundary and Entry Points)
B. Clearly signify major entrance points to the Auburn Gateway project area and to subareas within the
project area by means of features such as prominent architectural or artistic landmarks. (Policy
Statement from NE Auburn Special Area Plan, Section 2.6.3., Project Area Boundary and Entry Points)
C. Define differences in land uses within the Auburn Gateway project area. (Policy Statement from NE
Auburn Special Area Plan, Section 2.6.3., Project Area Boundary and Entry Points)
D. Develop hierarchies of spaces from public to private spaces to delineate areas of ownership and
responsibility. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.3., Project Area
Boundary and Entry Points)
E. Protect property values and unify the Auburn Gateway project area by means of a consistent building
character and landscape theme. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.3.,
Project Area Boundary and Entry Points)
F. Screen unsightly views from public areas by a combination of walls, landscape planting, screening
and/or use of building massing. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.3.,
Project Area Boundary and Entry Points)
G. Identify an interconnected system of bicycle and pedestrian pathways around the perimeter of the
Auburn Gateway project area, linking to natural areas and the regional trail system. (Policy Statement
from NE Auburn Special Area Plan, Section 2.6.3., Project Area Boundary and Entry Points)
4.1.1 PROJECT BOUNDARY AREA AND ENTRY POINT DESIGN STANDARDS
A. Identify strategic site entrances with architecturally and artistically attractive place markers
visible from roads to orient customers and visitors.
B. Separate land uses by means of landscape buffers both for screening and for boundary
definition. Native plant species for wildlife value in buffers is encouraged.
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FIG. 4.1.1 A
This multi-family development entry clearly defines the site boundary by landscaping and walls.
C. Develop combined bicycle and pedestrian pathways along the development edges, combining
use of berms, street trees, landscaping, grass areas, and paved paths for use by bicyclists and
pedestrians within the public right of way or by ea sement on private property.
FIG. 4.1.1 B
Urban trail. Note the separation between automobile traffic, pathway and building.
D. Frame views to destination points by hedging, shade and street trees, and identify strategic
entry points with decorative colorful landscaping, art, water features, and signage.
E. Screen service functions of buildings with evergreen tree screens, foundation plantings, screen
walls or fences to define boundaries between public and private spaces.
F. Create resting areas (benches, special pavement treatments) and shade trees, landscaping for
pedestrians along walkways, and at exterior corners of buildings.
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4.1.2 GATEWAY DESIGN STANDARDS
To distinguish primary entrances to the project and by extension, entrances to the City, special design
features and architectural elements at these entrances or gateways shall be provided. While
gateways should be distinctive within the context of the project, they should also be compatible with
the project in form.
A. To implement the policies and goals, the project sh all implement the following elements:
1. Buildings or features located at entrances or gateways shall be marked with visually
prominent features that give height and connectivity transitioning from single-story to
multi-story buildings that could be developed withi n the project.
2. Gateway elements shall be oriented toward and designed for both pedestrians and
vehicles.
3. Visual prominence shall be distinguished by two (2) or more of the following:
a. Special landscape treatment
b. Open space/plaza
c. Landmark-type building forms, such as feature elements projecting above parapets or
roofs;
d. Special paving, unique pedestrian scale lighting, or bollards;
e. Prominent architectural features (trellis, arbor, pergola, or gazebo);
f. Neighborhood or district entry identification feature.
B. Development that occurs at gateways shall be distin guished with features that visually indicate
to both pedestrians and vehicular traffic the uniqu eness and prominence of their locations in
the City. Examples of these types of features include monuments, public art, and public plazas.
FIG. 4.1.2
Visually prominent features to give height and conn ectivity transitioning from single-story to multi-s tory buildings.
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4.1.3 LANDSCAPE HIERARCHY AND MASTER PALETTE DESIGN STANDARDS
Identify major and minor entrances into the project with architecturally and artistically attractive place
markers or gateway-type features visible from roads to orient customers and visitors. To implement
the policies and goals, the project shall include t he following elements:
A. Major gateways shall clearly highlight the identity of the development site, and shall include a
combination of at least (2) of the following featur es:
1. Decorative stone wall/rock work, sufficient in size to be visible from adjacent roads.
2. Flag poles, flags.
3. Ornamental site lighting, landscape lighting.
4. Decorative signage identifying site.
5. Intensive decorative and specialty landscaping.
6. Architectural elements, such as gazebos, fencing, trellises, roofs (if the walkway is
incorporated into the gateway feature, for example).
7. Water features such as fountains, waterfalls, reflection pools.
8. Pedestrian amenities, such as benches, decorative pavement for walkways, street
crossings.
FIG. 4.1.3 A
Formal planting is found around parking and near bu ildings denoting high visibility and use areas. Pl anting beds in
traffic islands protect pedestrians from vehicular traffic, soften the visual impact of asphalt areas and help define
parking zones.
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B. Semi-formal landscaping (a mix of formal and nat ive plant species, medium maintenance level
and profile) shall define transition areas from int erior areas of the Auburn Gateway site to the
perimeters, along major roadways exclusive of corners and entrance points. Semi-formal
landscaping shall include the following elements:
1. A mix of deciduous native and evergreen trees with looser arrangement of shrubs and
ground covers breaks up the regimentation of interior landscape themes.
2. Semiformal landscape areas generally are arranged in mass plantings and more often use
regular spacing.
FIG. 4.1.3 B
Note the transition from formal to semi-formal landscaping from right to left, as site use decreases.
C. Informal landscaping (natural buffers, wetland mitigation, low/no maintenance, high wildlife
value) is for areas within the site not expected to be developed or disturbed, or for areas
developed for stormwater detention and biofiltration facilities. Informal landscaping shall
include the following elements:
1. Planting uses exclusively native plant species to add wildlife and water purification value,
and to naturalize designated undisturbed areas
2. Includes native meadow grass mixes requiring low maintenance
3. Serves as visual backdrop to contrast to highly structured landscaping around site
buildings.
4. Incorporates passive public use opportunities like walking trails for nature appreciation
and wildlife habitat.
5. Provide transition between informal and semi-formal landscape areas.
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TABLE 4.1.3 SUGGESTED PLANT SIZES, USE AND SPECIES
Plant type
(consider species
mature size)
Size at time of planting
Spacing
Uses, comments
Deciduous trees,
shade/canopy
2” min. caliper, balled
and burlapped, No bare
root trees allowed.
Minimum branching
height: 6 feet from
ground to lowest
branch. If branching
height cannot be
achieved at caliper size,
larger caliper may be
required.
Well-branched and
uniformly shaped.
Maximum tree spacing
max. not more than 30
feet on center
Use as shade, canopy trees to
break up parking lot, unify
streets. Species may include:
Oak, Sunburst Honey locust, Red
Maple, American or Oregon Ash,
Sweet gum, Linden, Raywood
Ash, Tulip Tree, and Hornbeam.
Deciduous trees,
Columnar/upright
2” min. caliper, balled
and burlapped. No bare
root trees allowed.
Minimum branching
height: 6 feet from
ground to lowest
branch. If branching
height cannot be
achieved at caliper size,
larger caliper may be
required.
Well-branched and
uniformly shaped.
Maximum tree spacing
max. not more than 30
feet on center
Use as screening, to break up
walls or to provide a transition.
Species may include: Oak, Maple,
Beech, and Hornbeam.
Deciduous trees,
small/decorative
1-1/2” caliper, balled
and burlapped. No
bare root trees allowed.
Well-branched and
uniformly shaped.
As clumps, specimens
such as (Vine Maple,
Shadblow, Hawthorn)
Use as colorful accents and
naturalization. Species may
include: Vine Maple, Japanese
Maple, Shadblow, Flowering
Cherries, Magnolias, Dogwood,
Flowering Plum, Redbud, etc.
Coniferous trees
6’ minimum height, full
specimens, balled and
burlapped. No bare
root trees allowed.
Well-branched and
uniformly shaped.
12 feet on center or as
clumps
Year-round color, greenery,
texture interest, screening,
naturalization or specimens.
Species may include: Dawn and
California Redwood, Shore Pine,
Ponderosa Pine, Giant Sequoia,
Douglas Fir and Hemlock.
Large Shrubs
5 gallon pots, tubs or
balled and burlapped,
min. 25” height.
Evergreen screening
4-5 feet on center
maximum.
Evergreen shrubs used
for screening: 2 feet on
Where more immediate
screening is appropriate. Mass
plantings and clumps, buffer
plantings, formal to informal
planting areas. Includes native
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shrubs: 5 feet height center and non-native species,
evergreen and deciduous.
Small Shrubs
3 gallon to 5 gallon pots,
18” height, min.
2-3 feet on center
maximum
Low planting where visibility is
required, such as in around
pedestrian areas and parking lots.
Mix of native and non-native
species evergreen and deciduous.
Ground Covers
1 gallon pots
18” on center maximum.
Where grass is not desired and
low watering/ maintenance is
important. Species may include
Kinnickinnick, Rock Raspberry,
Salal, and Periwinkle. Use
non-invasive plants.
Annual/Perennials
Bulbs, 4” pots
By species
Limited to accent planting for
entry ways to site, signage
foundation planting, potted
planting for color.
4.1.4 WALLS AND FENCES DESIGN STANDARDS
Where landscaping alone is insufficient for screeni ng, walls and fences shall be provided to make firm
boundary changes and provide screening of views not compatible with the pedestrian or public street
experience. To implement the policies and goals, walls and fences shall include the following
elements:
A. Design walls to be complementary to the design of buildings through the use of materials,
colors and architectural detailing. Avoid monolith ic appearances.
B. Screening walls for loading areas along a street shall be articulated so that screening
vegetation and shade trees can be planted in front of them to break up the scale of the wall.
FIG. 4.1.4 A AND B
Two examples of fencing, walls and landscaping used to separate public from semi public spaces.
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C. Drive-through establishments (banks and fast food/coffee outlets) shall have a low (42 inch
high max.) opaque screening wall and/or with low level obscuring landscape planting in front
towards the public domain to reduce the visual impa ct of vehicles queuing up for services or
food. Walls shall not intrude into vision clearanc e requirements for vehicular traffic.
D. Plazas and seating areas that are part of food establishments and shared common areas shall
be distinguished by low fences (42 inch high maximu m) and made of visually porous materials
(steel, stone, wood) so as to be see-through.
E. Trellises and arbors are encouraged along pedestrian walkways to accentuate changes in
boundaries and add visual/artistic interest to the shopping experience.
F. Fenced common areas for multifamily residences shall be used to define semi public and semi
private areas belonging to the housing community so that area ownership is enforced.
5.0 PARKING AREA DESIGN
The primary purpose of this section is to ensure that development of parking does not
overwhelm the site aesthetic or environmental quality. Parking areas shall be designed so
that pedestrian and vehicular navigability is maxim ized, and that their visual and ecological
impacts are minimized. Refer to ACC Chapter 18.52 OFF-STREET PARKING AND LOADING and
ACC Chapter 18.50 LANDSCAPING AND BUFFERING, for parking and landscaping regulations.
5.1 PARKING AREA DESIGN POLICIES AND GOALS
A. Design parking areas to maximize their navigability by pedestrian and vehicles and minimize their
visual and ecological impacts. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.4.,
Parking Areas)
B. Provide adequate efficient onsite parking in locations convenient to destinations. (Policy Statement
from NE Auburn Special Area Plan, Section 2.6.4., Parking Areas)
C. Ensure pedestrian safety by providing ample walkway s that are separated from parking and travel
lanes. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.4., Parking Areas)
D. Use crime prevention through environmental design (CPTED) principles to reduce fear of crime and
ensure user safety. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.4., Parking
Areas)
E. Provide ample pedestrian circulation through parking areas that is safe from vehicular conflicts and
fear of crime.
F. Allocate parking areas in clearly defined areas of ownership by site tenants while promoting shared
parking for uses which don’t overlap times of occupation.
5.1.1 PARKING AREA DESIGN STANDARDS
A. Provide pedestrian walkways within parking areas separated by landscaped strips with shrubs,
ground covers and trees. Ensure pedestrian safety by separating walkways from parking and
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travel lanes. Walkways shall be raised above traffic pavement except at load/unload areas
and heavily traveled routes. Where raised walkways are not possible, provide pavement
changes to clearly delineate pedestrian paths.
B. Define entry and destination points clearly for pedestrian orientation and movement.
C. Desire lines, also known as foot paths, reflect the shortest distances pedestrians travel
between points on a given site. Often these are found as paths worn through planting beds
in parking areas or lawns. Site design shall anticipate and acknowledge major pedestrian
starting and ending points, provide unobstructed, v isually clear routes.
D. Planting areas shall not block pedestrian flow, and shall be used to define parking area
boundaries.
E. Parking areas shall be interspersed with landscape islands to minimize expanses of asphalt.
F. Designate areas for oversize vehicles and trailers in a separate zone to avoid size conflicts and
visibility problems.
G. Separate loading, delivery, storage and garbage collection areas from customer parking.
H. Crime Prevention Through Environmental Design (CPTE D) principles shall be used to reduce
fear of crime and assure user safety.
I. Provide sufficient driveway throat length for exiting to a public right-of-way to avoid queuing
that impedes circulation.
J. Provide a hierarchy of drive aisles within parking areas. Drive aisles shall be differentiated by
aisles for slower moving traffic and vehicle parking and maneuvering operations and aisles for
access to parking areas where parking and maneuvering is reduced or avoided.
FIG. 5.1.2 A
Illustration of walkway section landscaping.
5.1.2 PARKING AREA DESIGN GUIDELINES
A. As much as is practical, 90-degree head in parking shall be used to maximize parking stalls in
the least amount of area. Stalls and travel aisle dimensions will be according to Auburn City
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code.
B. Landscaping shall not block sight lines from origin points to destinations. Trees shall have
branching no lower than six feet (6’) to ensure ped estrian safety. At installation trees may be
required to be larger in size to meet sight distance. Shrubs shall be no taller than three feet
(3’).
C. Encourage shared parking between tenants of the site in order to reduce the impact of parking
on the site and maximize building use and diversity of uses.
D. Provide natural surveillance across parking areas from buildings and along walkways.
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FIG. 5.1.2 B
Showing parking lot layout and landscaping concept from perimeter street to a large or midsize retail center.
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6.0 PEDESTRIAN/NON-MOTORIZED NETWORK FEATURES
The purpose of this section is to provide a network of clearly defined linkages throughout the
project and within sub areas of the project that ar e safe, easy to negotiate, and provide for a
visually stimulating system of open spaces.
6.1 PEDESTRIAN/NON-MOTORIZED NETWORK DESIGN POLICIES AND GOALS
A. Create a cohesive and continuous network of pedestrian/non-motorized circulation facilities in the
Auburn Gateway project area and vicinity. (Policy Statement from NE Auburn Special Area Plan,
Section 2.6.5., Pedestrian/Non-motorized Circulation Network)
B. Create a pedestrian environment in which it is easy, safe, convenient, and comfortable to walk
between businesses, to transit stops, across streets, and through parking lots. (Policy Statement from
NE Auburn Special Area Plan, Section 2.6.5., Pedestrian/Non-motorized Circulation Network)
C. Encourage the use of non-motorized transportation to and within the Auburn Gateway project area
by providing facilities that are adequately sized, well-built, well-maintained, and connected to
existing or planned pedestrian/non-motorized circulation facilities in the vicinity. (Policy Statement
from NE Auburn Special Area Plan, Section 2.6.5., Pedestrian/Non-motorized Circulation Network)
D. Assure pedestrian safety and ease of navigability by separating walkways from vehicular travel.
E. Reduce fear of automobile conflicts and fear of crime by creating a highly surveillable environment
in all land uses.
F. Create a visually diverse pedestrian experience between destinations through urban design
features.
G. Provide communal spaces in all land uses for social interaction and people watching and at
intervals along desire lines of travel.
FIG. 6.1
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Corner entrance addresses both pedestrian and automobile traffic, providing high visibility and good o rientation.
6.1.1 PEDESTRIAN/NON-MOTORIZED NETWORK DESIGN STANDARDS
To implement the policies and goals the Auburn Gateway project area shall be designed and
implemented and include the following elements:
Define entry and destination points clearly for pedestrian orientation and movement.
A. Sight lines will be acknowledged and visually unobstructed.
B. Provide bicycle parking for a minimum of 2 bicycles per commercial building. The Planning
Director may reduce the amount of bicycle parking required when it is demonstrated that
bicycle activity is not a priority for that buildin g considering current and potential future use.
C. Facilitate pedestrian safety by separating walkways from parking and travel lanes by
landscaped strips with shrubs, ground covers and trees. Walkways should be raised above
traffic pavement except at load/unload areas and heavily traveled vehicle routes. Where
separation is not possible, provide pavement changes to clearly delineate pedestrian path.
D. All bicycle parking shall be located in safe, visible areas that do not impede pedestrian or
vehicle traffic flow, and are well lighted for nighttime use.
FIG. 6.1.1
Landscaping buffers vehicles from pedestrian areas.
6.1.2 PEDESTRIAN/NON-MOTORIZED NETWORK DESIGN GUIDELINES
A. There are five types of pedestrian routes:
1. Urban trails: These link the development to regional recreational and transportation
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
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Auburn Gateway Architectural and Site Design Standards
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systems.
2. Street edge walkways: major pedestrian spines crossing the development.
3. Parking lot internal walkways: Link streets and parking areas to site buildings and uses.
4. Store/building front walkways: Provide continuity a long building frontages and connect to
other buildings and plazas.
5. Communal walkways: In multi-family housing developm ent to connect housing blocks into
a community and with open public multi-space areas.
TABLE 6.1.2 PATHWAY DESIGNATIONS AND USES.
Path Type Pavement Widths Uses Locations
Parking Lot internal
Walkways Concrete/pavers 5 feet min.
Pedestrian
movement
Connecting parking areas to
buildings and uses
Store/building front
Walks
Concrete/
decorative pavement
No less
than 8 feet
Pedestrian
movement and
resting, shopping,
restaurant outdoor
seating area,
Building fronts facing parking areas,
plazas
Communal Walks
Concrete, with
decorative node
areas
6 feet
Residential
pedestrian
Multi-family housing community
B. Along store frontages and pathways through parking areas, pedestrian-oriented open spaces
shall NOT have:
1. Asphalt pavement, loose gravel surface, or loose crushed and tumbled glass surface.
2. Adjacent chain link fences.
3. Surroundings of adjacent blank walls with no visual security.
4. Constricted passageways with no means of escape or visual connection to an intended
destination.
C. Continue pedestrian route pavement across vehicular travel ways so that crosswalks are
designated as safe zones for pedestrian crossings. Pavement types may include:
1. Colored concrete or asphalt, scored, stamped or brushed to highlight pavement change.
2. Concrete unit pavers with decorative banding.
D. Use full spectrum lighting in pedestrian and parkin g areas for public safety and true color
rendering. Low and high pressure sodium lamps make people, clothing and vehicle colors
difficult to identify at night.
E. Clearly link walkways across the site to facilitate wayfinding and create a continuous network
of pedestrian connections within and beyond the sit e. Various project types and land uses
shall be clearly connected in a cross-site fashion, to create a continuous network of pedestrian
connections.
F. Provide destination site amenities, such as water features, benches, trash receptacles, as part
of the pedestrian experience.
RES.A
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7.0 SITE LIGHTING
The goal of site lighting of the Design Standards i s to ensure sufficient nighttime lighting and
to minimize negative aesthetic or environmental impacts from site development to adjoining
properties or land uses. It is expected that many site land uses will be nighttime intensive uses,
and lighting must be provided for pedestrian and vehicular safety.
7.1 SITE LIGHTING DESIGN POLICIES AND GOALS
A. Ensure pedestrian safety by providing adequate lighting on pedestrian routes. (Policy Statement from
NE Auburn Special Area Plan, Section 2.6.6., Site Lighting)
B. Minimize the negative effects of onsite and offsite glare. (Policy Statement from NE Auburn Special
Area Plan, Section 2.6.6., Site Lighting)
C. Provide energy-efficient lighting. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.6.,
Site Lighting)
D. Create a family of light standards to be used throughout property that responds to a variety of site
conditions and that can be consistently implemented over multiple year phased development.
7.1.1 SITE LIGHTING DESIGN STANDARDS
A. Lighting shall NOT:
1. Blind passengers or pedestrians to approaching people or vehicles by direct glare or
reflection off building surfaces.
2. Cast shadows into parked cars and trucks to hide cr iminal activity.
3. Use low-pressure sodium lighting (yellow spectrum) bulbs.
4. Be used indiscriminately to illuminate areas not no rmally covered by natural surveillance.
If rear sides of buildings (service/loading and garbage areas) need lighting, lighting shall be
directed toward the building and these areas, and/or mounted on the building itself.
5. Cast glare outward from the project toward the streets; cast lighting in the direction of
surveillance from street edges.
B. Light standards shall be designed and located ba sed on the following criteria:
1. Distinctive appearance that creates site identity and character.
2. Visual compatibility and unobtrusiveness with the s ite by night.
3. Architecturally compatible with building design sty les by day.
4. Minimization of glare, and use of cutoff angles.
5. Ease of maintenance.
6. Provide a coordinated system of lighting fixtures b ased on function; such as taller
standards for parking lot illumination and shorter standards for walkway lighting.
C. Locate lighting to facilitate public safety and sense of security, and to provide aesthetic
benefits.
D. Intersections of pedestrian, vehicular and bicyc le traffic shall be appropriately lighted for
RES.A
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Auburn Gateway Architectural and Site Design Standards
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nighttime visibility where night use will occur.
E. Avoid glare from light sources into wildlife hab itat or environmentally critical areas and
surrounding neighborhoods.
F. Use lighting to highlight unique site features a nd landmarks such as buildings, significant trees
and landscape elements, but done so that off site glare is not created.
G. Illumination levels shall be determined on a case by case basis by a lighting engineer.
H. Avoid lighting areas that can be used for loitering, unlawful uses and vandalism. In such
situations, it may be desirable to turn lights off and fence these areas after hours to displace
activities to more appropriate locations.
J. There are eight basic types of lighting that may be used throughout the site:
1. Overhead lighting: Roadways and parking lots
2. Entry and walkway overhead lighting: Site entrance points, walkways and pedestrian
plazas
3. Interior Parking lot lighting
4. Walkway lighting
5. Pathway low level (bollard) lighting
6. Bus stop lighting: Define bus stop locations
7. Ambient lighting: Buildings and awnings onto walkwa ys
8. Landscape lighting
TABLE 7.1.1 LIGHTING TYPES AND CHARACTERISTICS.
Lighting type Fixture Height Max Spacing, location*
Overhead lighting Overhead 16’-26’ 90’ or less, D Street, I Street,
Robertson Way
Entry and walkway
overhead Lighting
Pedestrian/Overhead 14’-26’ 30’ or less to highlight entrances
Interior Parking Lot Overhead 25’ - 30’ Site specific spacing
Walkway Lighting
Pedestrian
14’
30 feet or less, on walkways in
parking lots, Roundabout, major
plazas and seating areas
Pathway Lighting
(low level)
Bollard
3’
Spacing varies. Located on pedestrian
paths in office entrance ways,
restaurant uses, and on communal
walkways in multi-family residential
areas.
Bus Stop Lighting
Pedestrian
12’
At either end of bus stop zone
equivalent to length of tandem bus to
define bus stop apron.
Ambient Lighting
Varies: building mounted,
overhang mounted
Varies
Attached to building or overhanging
awnings or canopy for ambient
lighting on walkways
Landscape Lighting Up-lighting, spot lights 12” or less Site specific lighting location/spacing
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
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Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA of Tacoma, WA; October 2011
* Lighting shall only be provided to meet minimum desired illumination levels; however pedestrian intensive areas must meet
minimum code requirements for safety and wayfinding.
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
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Auburn Gateway Architectural and Site Design Standards
Prepared by BCRA of Tacoma, WA; October 2011
8.0 NATURAL AMENITIES AND PUBLIC MULTI-SPACE
The purpose of this section is to provide opportunities to bring wildlife into an urban area for
habitat preservation, enhancement and interaction with human beings for passive public use
and enjoyment. Coupled with that will be to provid e attractive options for integrating
stormwater drainage design, detention and treatment while preserving the ecological value of
existing wetlands or other critical areas of the site.
8.1 NATURAL AMENITIES AND PUBLIC MULTI-SPACE DESIGN POLICIES AND GOALS
A. Provide habitat preservation, enhancement and opportunities for human enjoyment of wildlife.
(Policy Statement from NE Auburn Special Area Plan, Section 2.6.7., Natural Amenities and Recreation
Areas)
B. Wetlands that contain low-functions and values as evidenced by limited size and isolation from
hydrological systems, may be considered by the city for development and displacement in
conjunction with specific environmental review, appropriate mitigation and permitting from the city
and applicable outside agencies. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.7.,
Natural Amenities and Recreation Areas)
C. Provide attractive options for integrating wet ponds, stormwater treatment facilities, and detention
ponds as an amenity to the land uses in the project area. (Policy Statement from NE Auburn Special
Area Plan, Section 2.6.7., Natural Amenities and Recreation Areas)
D. Reduce downstream floodwater volumes from runoff. (Policy Statement from NE Auburn Special Area
Plan, Section 2.6.7., Natural Amenities and Recreation Areas)
E. Enhance property values by incorporating sustainable water management practices. (Policy
Statement from NE Auburn Special Area Plan, Section 2.6.7., Natural Amenities and Recreation Areas)
F. Preserve existing wetlands to the extent possible and enhance their intrinsic environmental value
as habitat and water storage.
8.1.1 NATURAL AMENITIES AND PUBLIC MULTI-SPACE DESIGN STANDARDS
To implement the policies and goals, the project shall include the following elements:
A. Meet requirements of the City of Auburn Stormwater Management Manual for stormwater
management, treatment and flood control.
B. Adhere to design principles for wet ponds per The Integrated Pond: Enhancing the Design and
Value of Stormwater Ponds, September 1988.
C. Integrate wet ponds and biofiltration channels into the site as part of an overall landscape
plan.
D. Incorporate passive public multi-space areas between storm ponds and more intensive public
areas as a transitioning device.
E. Design wet ponds to blend with natural buffers and look like a naturally occurring part of the
existing landscape.
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
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Auburn Gateway Architectural and Site Design Standards
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F. Use native plant species to line the edges of the p onds and biofiltration swales to remove
sediments and toxins before the water is released into the ground and surrounding hydrologic
system and rivers.
G. Use food-producing plants and shrub species to brin g wildlife into the development.
H. Capture all runoff from buildings and hard surfaces for collection in detention ponds staged to
delay runoff entering local rivers and streams during rains.
I. Enhance property values by incorporating sustainable water management practices.
J. Urban style, publically-accessible open spaces or “public multi-spaces” shall be provided as
part of all commercial development and shall be a mix of hard surface pedestrian plazas,
landscaped areas, and interconnected walkways linked to wetland buffers and stormwater
management areas. It is not the intent of this standard to require public park land.
1. Open space shall be clearly separate from parking or other paved areas.
2. Open space shall include trees, shrubs, pathways, benches or other pedestrian amenities.
FIG. 8.1.2
Wet ponds provide a pleasant backdrop to urban/office development.
8.1.2 NATURAL AMENITIES AND PUBLIC MULTI-SPACE DESIGN GUIDELINES
Outdoor Public Multi-spaces, not part of a stormwater facility, and wetland buffer should be developed
with the following characteristics:
A. Have appropriate grades and surfaces suitable for pedestrian oriented activities and
non-motorized circulation improvements.
B. Be central and otherwise logically located on the proposed site development for maximum
ease of access by multi-family residents and the public using the commercial development.
C. Where appropriate, provide on-site accessibility or stub for future accessibility by walkway or
bike path to any existing municipal, county, or reg ional park, public open space or trail system,
which may be located on properties in the vicinity.
RES.A
AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS
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Auburn Gateway Architectural and Site Design Standards
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9.0 MASTER SIGN PLAN
A Master Sign plan will be implemented to coordinate design standards for signage and
graphics is to enrich the experience of visitors and customers by providing wayfinding and
information in a way that is visually pleasing, and reduces wasted time caused by navigational
confusion. The Master Sign Plan will include frees tanding signs (both monument and pylon),
building signage, under canopy blade signs, informa tional and directional signage including
critical area signage.
Formal adoption of a Master Sign Plan will be through an application submitted at the first
stages of formal project development and pursuant to ACC 18.56.030(K), Master Sign Plans
Authorized.
9.1 MASTER SIGN PLAN DESIGN POLICIES AND GOALS
A. Enrich the experience of visitors and customers by providing directions and information in a
coordinated visually pleasing way that and prevents confusion. (Policy Statement from NE Auburn
Special Area Plan, Section 2.6.8., Sitewide Signage and Graphics)
B. Provide clear and legible site directions and signage for customers, bus passengers, and visitors.
(Policy Statement from NE Auburn Special Area Plan, Section 2.6.8., Sitewide Signage and Graphics)
C. Define the character of the Auburn Gateway project area as a distinct entity for instant roadside
recognition and street appeal to attract customers. (Policy Statement from NE Auburn Special Area
Plan, Section 2.6.8., Sitewide Signage and Graphics)
D. Use creative designs and durable, resource-efficient materials. (Policy Statement from NE Auburn
Special Area Plan, Section 2.6.8., Sitewide Signage and Graphics)
E. Minimize the adverse impacts of signs, such as visual clutter and glare, through the development of a
master signage plan to be adhered to throughout the development of the Auburn Gateway project
area. (Policy Statement from NE Auburn Special Area Plan, Section 2.6.8., Sitewide Signage and
Graphics)
9.1.1 MASTER SIGN PLAN DESIGN STANDARDS
Standards will be determined through a subsequent step of formal adoption of a Master Sign Plan pursuant to
an application submitted at the first stages of for mal project development and pursuant to ACC 18.56.030(K),
Master Sign Plans Authorized.
RES.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4765
Date:
November 15, 2011
Department:
Planning and Development
Attachments:
Resolution No. 4765, Agreement and
Map
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 4765.
Background Summary:
The Planning and Community Development Committee at its regular October 24 2011
meeting recommended approval of Resolution No. 4765 to the full City Council.
Subsequent to this meeting, staff has worked with Ceradimm, LLC on certain
modifications to the language of the Option Agreement in response to Committee
questions and concerns at the October 24th meeting. Specifically, a new Section to the
Option Agreement has been added entitled Section 3 - Right of First Refusal. This
Section is intended to provide a vehicle for the City and Ceradimm to quickly respond to
any and all bona fide offers from parties other than Ceradimm to purchase City owned
properties affected by the Option Agreement. At the Planning and Community
Development Committee's regular November 14, 2011 meeting, the Committee
recommended approval of the modified Resolution No. 4765 with a Committee
recommended amendment to the Option Agreement. The Committee recommended
amendment struck the references in the new Section 3 pertaining to the survival of the
right of first refusal one year beyond the expiration of the Option Agreement. Staff has
removed this language from the final version of the Option Agreement before City
Council.
The Auburn City Council previously entered into a Master Development Agreement with
Alpert International LLLP for development of properties belonging to the City and
assistance in development proposals for other neighboring properties in the downtown
area. This initial Master Development Agreement expired and the City entered into a
subsequent refined Master Development Agreement with Alpert International LLLP on
December 20, 2010 following the Council's passage of Resolution No. 4663.
Subsequent to the passage of Resolution No. 4663, Alpert International, LLLP and City
staff have jointly identified the need to clarify roles and responsibilities currently assigned
AUBURN * MORE THAN YOU IMAGINEDRES.B
to Alpert International, LLLP in the Master Development Agreement to reduce
uncertainty in working relationships, set reasonable expectations in the delivery of
services, increase the understanding of neighboring property owners and assist in the
marketing of City owned properties. To address these needs, Alpert International, LLLP
and City staff have identified a more appropriate agreement instrument would be a
Memorandum of Agreement and associated Option to Purchase Real Property.
The approval of Resolution No. 4765 would replace and supersede the Master
Development Agreement currently in effect and effective as of the Council's passage of
Resolution No. 4663. In addition, Alpert International LLLP has recently combined its
operations with Ceradimm, LLC so the execution of the Memorandum of Agreement
and/or Option to Purchase Real Property would occur with Ceradimm, LLC of which
Spencer Alpert is a member. Mr. Alpert would remain the primary individual working with
the City of Auburn. Mr. Alpert would remain the primary individual working with the City
of Auburn.
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works Other: Legal, Human
Resources
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B
RESOLUTION NO 4 7 6 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTONAUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
MEMORANDUM OF AGREEMENTS WITH CERADIMM,
LLC REPLACINGAND SUPERSEDING THE MASTER
DEVELOPMENT AGREEMENT WITH ALPERT
INTERNATIONAL, LLLP PREVIOUSLY APPROVED BY
PASSAGE OF RESOLUTION NO 4663
WHEREAS, the City Council of the City of Auburn, Washington, previously
entered into a Master Development Agreement with Alpert International LLLP for
development of propertiesbelonging to the City and assistance in development
proposals forother neighboring properties in the downtown area, and
WHEREAS, that initial Master Development Agreement expired and the City
entered into a subsequent refined Master Development Agreement with Alpert
International LLLP following the Council's passage of Resolution No 4663, and
WHEREAS, subsequent to the passage of Resolution No 4663, Alpert
International, LLLP and the City have jointly identified the needto clarify roles and
responsibilities currently assigned to Alpert International, LLLP in the Master
Development Agreement to reduce uncertainty in working relationships, set reasonable
expectations in the delivery of services, increase the understanding of neighboring
property owners and assist in the marketing of City owned properties, and
WHEREAS, the Auburn City Council believes that theneedsexpressedabove
can be best addressedthroughthe replacement and superseding of Resolution No
4663 with a Memorandumof Agreement and associated Option to Purchase Real
Property; and
WHEREAS, Alpert International LLLP has recentlycombined its operations with
Ceradimm, LLC of which Spencer Alpert is a member and would remain the primary
individual involved in working with the City of Auburn,
NOW THEREFORE, IN LIGHT OF THE ABOVE FINDINGS, THE CITY
COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as
follows
Section 1. Thatthe Mayor of the City of Auburn and theAuburn CityClerk are
herebyauthorized to execute a Memorandum ofAgreement and Option to Purchase
Real Property with Ceradimm, LLC, which Agreement and Option shall be in substantial
Resolution No 4765
October 20, 2011
Page 1
RES.B
conformity with theAgreement attached hereto as Exhibit "A" and the Optionattached
hereto as Exhibit "B", both of which are incorporated herein by reference
Section 2. That this Resolution and the agreements attached shall replace
and supersede the Master Development Agreement between the City of Auburn and
Alpert International, LLLP, and any other Agreements authorized by Resolution No
4663 passed by the Auburn City Council on December 20, 2010, and/or any other
related agreements between the same partiesprior thereto
Section 3. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carryout the directivesof this
legislation
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon
Dated and Signed this day of 2011
CITY OF AUBURN
PETER B LEWIS,
MAYOR
ATTEST
Danielle E Daskam,
CityClerk
AP'R•V A TO FOR
IiirIiI
Firr iel B
City Attorney
Resolution No 4765
October 20, 2011
Page 2
RES.B
EXHIBIT "1"
2011
MEMORANDUM OF AGREEMENT
Emma L. Alpert, Manager
CERADIMM, LLC
701 Fifth Avenue, Suite7100
Seattle, WA 98104
RE. City of Auburn Downtown Property Development
Dear Ceradimm, LLC
This letter constitutes the Memorandum of Agreement (MOA) between theparties, replacing and
superseding the Master Development Agreement entered into by and between the City of Auburn and
Alpert International, dated December 20, 2010, and any otherAgreements prior thereto. In addition to
and contemporaneous with this MOA, the parties have entered into an Option Agreement whereby you
have options to purchase certain parcels of real property of the City of Auburn. Your agreement to enter
intothisAgreement serves as the consideration for the Option Agreement.
You agree to do the following:
a. Market properties within Auburn Junction to prospective developers, tenants or third party
interests.
b Assist the City in the development of marketing information and products for Auburn Junction.
c. Work with the City and its listing agent in the direct marketing efforts of City properties.
d. Assist the City in strategizing and planning for Auburn Junction
e. Assist the City in its coordination with privateproperty owners in Auburn Junction and private
property ownersadjacent to Auburn Junction.
f. Provide the City as requested or needed with updates to the Auburn Junction Conceptual
Development Plan
g. Assist City staff as requested in presentations orcommunications to City Councilor its
committees.
h. Meet withCity staff as requested to coordinate and strategize on marketing and development for
Auburn Junction.
RES.B
If you choose not to exercise the Option Agreement — andthe options to purchase the various parcels
described therein — this MOA contemplatesthat you would work with real estate professionals and
developers to facilitate the development of the City owned parcels, and your compensation for those
services would be from the real estate professionals and developers who developor selltodevelopers
City owned parcels. You agree thatthe City is not obligated under this Agreement to compensate you
for any work you perform under this Agreement except for any transaction with Williams & Dame
Development or its affiliate, in which event Ceradimm, LLC will be compensated for such work by
either Williams & Dame or the City on terms similar to those approved by the Cityfor real estate
professionals, as referencedabove.
Additionally, if requested by the City, you shall assist and advise the City with the planning and
potential third party funding for a cultural arts center or other public facility (collectively, the "Public
Facility") to be potentially developed independently, in conjunction with the development of City
property or properties, or elsewhere in downtown Auburn. Should such Public Facility be so planned by
December 31, 2013, and if such Public Facility is fully funded and developedby the City, you shall be
entitled to a fee equal to 1 5%of the total capital costs of such Public Facility project.
Please acknowledge your agreement to the above Memorandum of Agreement by signingthis letter
below and returning a copy to me. Thank youvery much.
Sincerely
CITY OF AUBURN
Peter B Lewis, Mayor
Attest:
CERADIMM, LLC
Danielle Daskam, City Clerk
Approved as to Form By
Emma L. Alpert, Manager
Daniel B Heid, City Attorney Date:
RES.B
Exhibit "2"
After Recording,Return to
Auburn City Clerk
25 West Main Street
Auburn,WA 98001
OPTION TO PURCHASE REAL PROPERTY
THIS OPTION AGREEMENT ("Agreement") is made and entered into this day of
20_, by and between the CITY OF AUBURN, a Washington municipal
corporation (hereinafter "GRANTOR") and Ceradimm, LLC, 701 Fifth Avenue, Suite7100,
Seattle, WA 98104, a Washington limited liability company(hereinafter"GRANTEE").
FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH
IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE as follows.
1 OPTION TOPURCHASE. The GRANTEE shall have the right to purchase the
City Owned Parcels identified as Lots 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13 and 14, in Exhibit "A" &
B" ("City Ownership legal descriptions and map"), for the purchase price, lease arrangements
or other alternative financial arrangements as determined below or enter into such other
agreements for thepurchase, lease, alternative financial arrangements and/or development of
said City Owned Parcels as shall be negotiated fromtime to time by the Parties. The term of this
Option Agreement shall be for a period of time ending on December 31, 2013, which right may
be assigned by the GRANTEE to one or more assignees acceptableto the GRANTOR. For the
purposes hereof, the Mayor of the City of Auburn shall be authorized to approve such
assignment(s) subject to approval by the Auburn City Council. It is provided, however, that as
an alternative to thepurchase of City Owned Parcels, the parties may negotiate and execute
agreements for long-term leases of said City Owned Parcels.
2. PURCHASE PRICE OF CITY PARCELS During the term of this Option
Agreement, the GRANTEE shall have the right to purchase the City Owned Parcels, collectively
or individually, for the purchase price determined through the process described below The
purchase price for the City Owned Parcels, along with any City right-of-way that may be
vacated, and rightspertaining toany City Owned Parcels ultimately included in their
development, shall be equitably negotiated in good faith by the parties during the term of this
Option Agreement or any extension hereof, reflective of factors pertinent to their reasonable
valuation as determined as of the date of the execution of this Agreement, and based on the value
of the land only, as theParties agree that any buildings or improvementsthat may exist on the
property are not of value to the intended development.
RES.B
The Parties further agree that if they are not ableto successfully negotiate an agreed
purchase price within sixty (60) calendar days from the date the GRANTEE exercises an option
to purchase for any parcel(s) coveredby this Option, in order to ensure a fair purchase price for
the City Owned Parcels and any other City-owned property rights associated therewith, the
GRANTOR may engage an independent MAI appraiser to determine the value of the City
Owned Parcels, which valuation shall be the purchase price, except as set forth below
GRANTOR will provide the MAI appraisal to GRANTEE within thirty (30) calendar days of the
end of the 60-day negotiation period. If the valuation of the GRANTOR's MAI appraiser is not
acceptable to the GRANTEE, the GRANTEE may engage an independent MAI appraiser to
determine the valuation, and must provide it to GRANTOR within thirty (30) days of the receipt
of GRANTOR's appraisal. If the GRANTEE's MAI appraiser determines a valuethat is within
ten percent (10%) of the GRANTOR's MAI appraiser's value, the lower valuation shall be used
as the purchase price for the City Owned Parcels. If the difference in valuation exceeds ten
percent (10%), the GRANTOR's MAI appraiser and the GRANTEE's MAI appraiser shall
within thirty(30) calendar days of the determination that the valuation exceeds ten percent(10%)
select a third MAI appraiser and the threeappraisersshall determine the valuation within sixty
60) calendar days, and that valuation shall be the purchase price for the City Owned Parcels.
Each partyshall be responsible for the costs of itsappraiser, and the two parties shall share,
equally, in the costs of the third appraiser
Alternatively, if the parties agree to pursue long-term leases of said City Owned Parcels,
including agreement on the length and terms of the leases, as an alternative to and instead of the
purchase/sale of the parcels, if the partiescannot agree on the amount of lease payments, the
partiesshall employ a similar strategy for determiningvaluation/payment amounts of the leases
similar to the strategydescribed above. Any other arrangements contemplated by thisAgreement
shall be by mutual consent of the Parties.
Any such purchase or lease of a Lot on which a building or structure is locatedshall
include the following requirements. First, that all buildings or structures thereon shall be
demolished/removed within ninety (90) days following thepurchase or lease and the issuance of
all permit(s) for site development or building construction, Provided that if no permit(s) for site
development or building construction has/have been issued, thenthe all buildings or structures
thereon shall be demolished/removed within eighteen (18) months following the purchase or
lease. The GRANTEE shall be responsible for their demolition/removal, Second, that the
purchase and sale (or lease) agreement shall contain terms and conditions requiring GRANTEE
or its successorin interest to submit a complete application for development of the property
within twelve months of the closing date, which development shall provide that vertical
construction shall begin no later than twenty-four (24) months after the date the application is
deemed complete
If the buildings or structuresthereon are not demolished/removed within the time-frame
described above, or if either an application is notsubmitted within twelve months of the closing
date, or vertical construction has not begun within twenty-four (24) months of the date the
application is deemed complete, the sale/purchase or lease of said parcel(s) shall be voided,
rescinded, and nullified, and its title and/or possession shall automatically revert to the
GRANTOR. Any purchase price paid to the GRANTOR shall be returned to the GRANTEE,
RES.B
however, GRANTEE shall not be entitled to any additional payments from the GRANTOR,
including butnot limited to interest or development costs, and the property
For thepurposes hereof, including the Developer's Rights/Options to Purchase or Lease,
as described herein below, "City Owned Parcels" shall also include parcelslocated within the
four-block area bounded by Main Street to the North, A Street SW to the West, 2nd Street
SW/SE to the South and A Street SE to the East, that are subsequently purchased by the
GRANTOR during the term of this Agreement or anyextension(s) thereof, and may include
other"Outparcels" located within the area depicted in Exhibit`B" (" Downtown Redevelopment
Area") that are subsequently purchased by the GRANTOR during the term of this Agreement or
any extension(s) thereof, providedthat "City Owned Parcels" shallnot include parcels thatmay
be purchased by the GRANTOR within the identified target areas where the parcels are expressly
purchased for municipal purposes.
3 RIGHT OF FIRST REFUSAL. In addition to the terms above, the parties further
agree that if the GRANTOR receives an acceptable, bona fide offer to purchase any of the City
Owned Parcels describedherein during the term of thisAgreement, the GRANTEE shall have a
right of first refusal to purchase said City-owned parcel(s) In the event the GRANTOR desires
to sell the Property to the OFFERER of such bona fide offer to purchase, then the GRANTOR
shall so notify GRANTEE in writing, specifying the proposed property address and/or
description, the sale price and all othermaterial terms and conditions of the proposed sale,
together with a copy of the bona fide offer to purchase.
In the event GRANTEE elects to exercise such right of first refusal and purchase said
parcel(s), GRANTEE shall notify the GRANTOR of such intention, and shall memorialize the
same in agreement documents executed and delivered to the GRANTOR within thirty (30) days
of GRANTOR's notice to GRANTEE of the bona fide offer to purchase, and GRANTOR shall
then sell said parcel(s) to GRANTEE on the terms of such bona fide offer to purchase. If such
bona fide offer to purchase includes non-monetary terms orconditions that cannot reasonably be
satisfied by GRANTEE (such as the provision of exchange property or other non-monetary
consideration), GRANTEE may provide cash consideration in lieu of such non-monetary
conditions.
In the event GRANTEE does not exercise such right of first refusal within the thirty (30)
day time periodspecified above, then the GRANTOR shall be free to sellthe parcel(s) in strict
accordance with the terms of the bona fide offer to purchase (without amendment thereto) to the
buyer stated therein. If GRANTOR does not conclude such sale, then GRANTEE's right of first
refusal shall apply to all future bona fide offers to purchase such parcel(s).
RES.B
IN WITNESS WHEREOF, the parties have caused thisAgreement to be executed by
their authorized representatives on the date first above written.
CERADIMM, LLC GRANTOR OF AUBURN
By
Emma L Alpert, Manager Peter B Lewis, Mayor
Attest:
Danielle Daskam, City Clerk
Approved as to Form
Daniel B Heid, City Attorney
RES.B
STATE OF WASHINGTON )
ss
COUNTY OF KING
On this day of 20_, before me, the undersigned, a
NotaryPublic in and for the State of Washington, duly commissioned and sworn, personally appeared
PeterB Lewis and Danielle Daskam, to me known as the Mayor and City Clerk, for the City of Auburn,
the municipal corporation who executed the within and foregoinginstrument, and acknowledged thesaid
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and
purposes thereinmentioned, andon oath stated that they are authorized to execute said instrument on
behalf of said municipal corporation.
GIVEN under my hand and official seal this day of 20_
NAME
NOTARY PUBLIC inand for the State of
Washington,residing at
My Commission Expires.
STATE OF WASHINGTON )
ss.
COUNTY OF KING
ON THIS day of 20 , before me, personally appeared
and to me known to be the and
for Ceradimm, LLC, the company on whose behalf he/she/they executed the
within and foregoing instrument, and acknowledged thesaid instrument to be the free and voluntary act
anddeed of said company, for the uses andpurposes thereinmentioned, and on oath stated that
he/she/they is/are authorizedto execute said instrument on behalf of said company
GIVEN under my hand and official seal this day of 20
NAME
NOTARY PUBLIC in and for the State of
Washington,residing at
My Commission Expires
RES.B
EXHIBIT "A"
Lot# 1 -7815700240
Lots 3 and 4, Block 5, Town of Slaughter, according to the plat thereof recorded in
Volume 2 of Plats, page 56, in King County, Washington, subject to Covenants,
Conditions, Restrictions and Easements contained in the Lot Line Adjustment recorded
January 17, 2006, under Recording Number 20060117002764, Agreement and the Terms
and Conditions thereof regarding the Common Wall recorded October 1, 1947, under
Recording Number 3729624, records of King County Washington.
12 1st Street SW, Auburn, WA 98002]
Lot#2-7815700225
Lots 1 and 2, Block 5, Town of Slaughter, according to the plat thereof recorded in
Volume 2 of Plats, page 56, in King County, Washington, together with that portion of
thevacated alley adjacent thereto as per City of Auburn Ordinance Number 5842,
recorded under King County Recording Number 20040708002028. Subject to The
Easement and the Terms and Conditions therein reserved by the City of Auburn affecting
a portion of said premises within thevacated alley forutilities, recorded July 8, 2004,
under Recording Number 20040708002028, the Agreement and the Terms and
Conditions therein regarding the right to erect pilasters, recorded October 1, 1947, under
Recording Number 3729624
101 S Division Street,Auburn, WA 98002]
Lot#3-7815700250
That portion of the Northeastquarter of the Southeast quarter of Section 13, Township 21
North, Range 4 East, WM, in King County Washington, being more particularly
described as follows. Lots 5, 6 andthe North half of Lots 7 and 8, Block 5, Town of
Slaughter, according to the plat thereof recordedin. Volume 2 of Plats, page 56, records
of King County, Washington,
Except that portion of said Lot 5 conveyed to the City of Auburn under Recording
Number 20010508002955,
That portion of Lot 5, Black 5, Town of Slaughter according to the plat thereof recorded in
Volume 2 of Plats,page 56, records of King County, Washington, described as follows Beginning
at the southwest corner of saidLot 5, Thence northalong the West margin of said.Lot.5 a
distance of 10 feet, Thence southeasterly to the south margin of said Lot 5 Thence west along the
south margin of said Lot 5 a distance of 10 feet to the point of beginning and containing 50
square feet]
Together with the South half of thevacated alleywayabutting Lots 5, 6, 7 and 8, of said
Block 5, as vacated under Ordinance No 5842and recorded under Recording Number
20040708002028, And Together With the North Half of the vacated alley wayabutting
Lots 3 and 4, of said Block 5, as vacated under Ordinance Number 5842 and recorded
under Recording Number 20040708002028, All Situate in the County of King, State of
Washington.
RES.B
Lot#5-7815700295
Lot 4, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
2 1st Street SE, Auburn, WA 98002]
Lot#6-7815700290
Lot 3, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
Lot#7-7815700285
Those Portions of Lots 1 and 2, Block 6, Town of Slaughter, according to the plat thereof
recorded in Volume 2 of Plats, page 56, in King County, Washington, lying Westerly of a
line described as follows. Beginning at a point onthe North line of said Lot 1 lying 62.5
feet Easterly of the Northwest Corner of said Lot 2, ThenceSouth 00°00'22" West 29.5
feet; Thence South 89°56'53" West 19 feet; Thence South 00°00'22" West 75 69 feet;
Thence South 89°56'19" West 43 52 feet to the West line of said Lot 2, Thence
Southerly along said West line 15 feet to the Southwest corner of said Lot 2, being the
terminus of said line, also known as Lot A of City of Auburn Lot Line Adjustment No
0003-95, recorded under King County Recording No 9502160960
Lot#9-7815700300
Lot 5, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
122 S Division Street]
Lot# 10-7815700305
Lot 6, Block 6, Town of Slaughter, recordedin Volume 2 of Plats, Page 56, records of
King County, Washington.
Lot# 11-7815700310
Lot 7, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
Lot# 12-7815700325
The North 29.80 feet of Lot 8 North 60 Feet of Lot 8, Block 6, Town of Slaughter,
recordedin Volume 2 of Plats, Page56, records of King County, Washington.
115 "A" Street SE, Auburn, WA 98001]
Lot# 13-7815700326
The South 30.2 feet of the North 60 feet of Lot 8, Block 6, Town of Slaughter, recorded
in Volume 2 of Plats, Page 56, records of King County, Washington.
117"A" Street SE, Auburn, WA 98001]
Lot# 14-7815700327
Lot 8,Block 6,Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington, Except the North 60 feet thereof.
RES.B
Downtown Redevelopment Area Parcels Exhibit "B"
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Printed On 11/15/11 menAta.-
Map IU:JON
Wells Fargo Block Parcels Infnrmtt pn nufnremenl a./eren cp pu pm n
e am,doess n pt e.",
geographic rern r y map me
City ol A/h ur n make,no w>ra nry at,n WI arcunryRES.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4766
Date:
November 16, 2011
Department:
Planning and Development
Attachments:
Agenda Bill - Res No. 4766
Resolution No. 4766, Agreement and
Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4766.
Background Summary:
See attached Agenda Bill.
A3.3.23, A3.13.4, A3.16.6
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C
AGENDA BILL APPROVAL FORM
Page 1 of 1
Agenda Subject:
Resolution No. 4766 - Exclusive Agency Listing Agreement with Jones
Lang LaSalle Americas, Inc.
Date:
November 15, 2011
Department: Planning and
Development
Attachments:
Resolution No. 4766
Exhibit “1” - Exclusive Agency Listing
Agreement
Budget Impact: N/A
Administrative Recommendation: Approval of Resolution No. 4766
Background Summary:
Please Note: The Planning and Community Development Committee at its regular October 24 2011
meeting recommended approval of Resolution No. 4766 to the full City Council. Subsequent to this
meeting, staff has worked with Jones Lang LaSalle on certain modifications to Sections 3, 6 and 10
language of the Agreement. Staff presented these modifications to the Planning and Community
Development Committee at its November 14, 2011 regular meeting. The Committee recommended
approval to the full City Council of Resolution No. 4766 with the modifications to Agreement.
The City of Auburn owns certain real property in the area of Auburn commonly referred to as Downtown
Auburn and desires to see these properties developed with commercial and/or residential land uses in
conformance with previously adopted design standard s and guidelines. City staff believe that the City is in
need of professional real estate brokerage services to assist the City in marketing and negotiations for
lease or sale of these City owned properties for commercial and/or residential land uses. The provision of
these services by an outside party will provide the City access to specialty skills and services in the areas
of property and tenant marketing and negotiations not currently available at the City that will assist in the
furtherance of its goals for the development of City owned properties that will be of public benefit.
City staff has identified Jones Lang LaSalle as the recommended provider of professional real estate
services for the City. Jones Lang LaSalle is a global real estate services firm with an office in Tacoma,
Washington that has regional experience in commercial and residential brokerage, marketing, leasing and
sales.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Norman Staff: Snyder
Meeting Date: November 21, 2011 Item Number:
RES.C
RESOLUTION NO 4 7 66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
EXCLUSIVE AGENCY LISTING AGREEMENT WITH
JONES LANG LASALLE FOR REAL ESTATE
BROKERAGE SERVICES FOR CERTAIN CITYOWNED
PROPERTIES IN DOWNTOWN AUBURN
WHEREAS, the City of Auburn owns certain real property in the area ofAuburn
commonly referred to as Downtown Auburn, and
WHEREAS, theCity of Auburn desires to see these propertiesdeveloped with
commercial and/or residential land uses in conformance with previously adopteddesign
standards and guidelines, and
WHEREAS, the City is in need of professional real estate brokerage services to
assist the City in marketing and negotiations for lease or sale of these City owned
properties for commercial and/or residential land uses, and
WHEREAS, the Auburn CityCouncil believes that the use of professional real
estate brokerage services will provide the City access to specialty skills and services in
theareasof property and tenant marketing and negotiations not currently available at
theCity that will assist in the furtherance of its goals for the developmentof City owned
propertiesthat will be of public benefit; and
WHEREAS, Jones Lang LaSalle is a global real estateservicesfirm with regional
experience in commercial and residentialbrokerage, marketing, leasing and sales,
NOW THEREFORE, IN LIGHT OF THE ABOVE FINDINGS, THE CITY
COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as
follows
Section 1. That theMayor of the City of Auburn and theAuburn City Clerk are
herebyauthorized toexecute an Exclusive Agency Listing Agreement with Jones Lang
LaSalle, which Agreement shall be in substantial conformity withthe Agreement
attached hereto as Exhibit "A" and incorporated herein by reference
Section 2. That the Mayor is hereby authorized to implement such
administrativeprocedures as may be necessary to carry out the directivesof this
legislation
Resolution No 4766
October 20, 2011
Page 1
RES.C
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon
Dated and Signed this day of 2011
CITY OF AUBURN
PETER B LEWIS,
MAYOR
ATTEST
Danielle E Daskam,
City Clerk
APPROVED AS TO FORM
4 IA Aft
Biel r -is,
City Attorney
Resolution No 4766
October 20, 2011
Page 2
RES.C
Exhibit "1"
m Commercial Brokers _,/
Association 2011 /lLLll7'NlALLRIGHTSRESERVED
Jones Lang LaSalle Americas, Inc CBA Form XLA
1145 Broadway Suite 1350 Exclusive Agency
Tacoma,Washington Rev.1/2011
Phone: (253)272-4662 Page 1 of 4
Fax: (312)470 4475
EXCLUSIVE AGENCY LISTING AGREEMENT
GSA Text Disclaimer Text deleted by licenseeindicated by strike.New text inserted by
licensee indicated by small capitalletters.
THIS AGREEMENT is made by and between City of Auburn ("Owner') and Jones Lang LaSalle Americas, Inc
Firm"). Owner hereby grants to Firm the exclusive right toleaseor sell, and to receipt for deposit in connection
therewith, Owner's commercial real estate legally described as set forth on Attached Exhibits A and B located in the
City of Auburn, King County,Washington (the"Property")
1 DURATION OF AGREEMENT This Agreement shall commence on the effective date of City Councilapproval
and shall expire at 11 59 p.m. on December 31,2013
2. PRICE AND TERMS. Owneragrees to list theProperty at a leaseprice of$TBD per square footannually on a
triple net" basisand shall consider offers thatincludethe followingterms:
Termof Lease: Minimum Five(5)years
Terms: Net, Net, Net.
Owner Also Agrees To List TheProperty ForSaleAt A Price$TBD
3 DEFINITIONS As used in this Agreement, (a) "CBA shallmean the Commercial Brokers Association; (b)
lease" shallmean lease, sublease, sell, or enter into a contract to lease, sublease, or sellthe Property. (c) "sale°
shall mean a transactionwhereby feetitle property interests are conveyed to another party and (d) "lessee shall
include sublessees, if applicable. The phrases "this Agreement" and "duringtheterm hereof' includeseparate,
written extensions or renewals of thisAgreement. The phrase AcceptableTenant/Lessee/Purchaser shall mean
an individual, entityor organizationwhose use theCity has determined is consistent with its Comprehensive Plan
and implementing regulations.
4. AGENCY/DUAL AGENCY Owner authorizes Firm to appoint SteveCrantz, Mike Homer and Andrew Miller as
Owner's Listing Broker This Agreement creates an agency relationship with Listing Broker and any of Firm's
brokers who supervise Listing Broker's performance as Owner's agent ("Supervising Broker") No other brokers
affiliated with Firm are agents of Ownerexcept to the extent that Firm in its discretion, appoints other brokers to
act on Owner's behalf as and when needed.
Ifthe Property is leased orsold to a tenant represented by one of Firm's brokersother than Listing Broker
Tenant's Broker"), Owner consents to any Supervising Broker who also supervisesTenant's Broker acting as a
dual agent. If the Property is leased orsoldto a tenant who Listing Broker also represents, Ownerconsents to
Listing Broker and SupervisingBroker acting as dual agents. Prior to the effective date of this Agreement, Owner
shall receive from Listing Broker the pamphlet entitled"The Law of Real Estate Agency"
If any of Firm's brokersact as a dual agent, Firmshall be entitledto the entirecommissionpayable under this
Agreement plus any additionalcompensation Firm mayhave negotiatedwith the tenant.
5. PROPERTY OWNERSHIP AND INFORMATION. Owner warrants that Owner hasthe right to sell or lease the
Property on the terms set forth in this Agreement, and that the Property is free and clear of any encumbrances
which wouldinterferetherewith. Owner also warrants that the information on theProperty Information pages of this
Agreement is correct. Owner understands that Firm and other members of CBA will make representations to
prospectivelessees based solely on the property information in this Agreement, and agrees toindemnify and hold
Firm and othermembers of CBA harmless in the event the foregoingwarranties are incorrect. Owner
acknowledges receipt of a copy of this Agreement, with thePropertyInformation pages of this Agreement fully
completed.
6. COMMISSION. Firm shall be entitled to a commission if (a) Firm leasesorprocures a purchaser or a lessee on
the terms of this Agreement, or on other terms acceptable to Owner; (b) Owner leases or sells the Property,
whether through any other real estate firm or otherwise, during the term of this Agreement; (c) Owner leases or
sellsthe Property withinsixmonthsafter the expirationorsooner termination of this Agreement to a person or
entity that submitted an offer,letter of intent, or other indication of interest to purchase or lease the Property during
RES.C
Jones Lang LaSalle Americas, Inc o Commercial Brokers
1145 Broadway uite 1350
Association 2011
Y ALL RIGHTS RESERVED
Tacoma,Washington
CBA Form XLAPhone: (253)272-4662
Exclusive AgencyFax: (312)470 4475 Rev.1/2011
Page 2 of 4
EXCLUSIVE AGENCY LISTING AGREEMENT
CONTINUED)
theterm of this Agreement orthatappears on any registration list provided by Firm pursuant to this Agreement or
an "Affiliate" of such a person or entity that submitted an offer or that appears on the registration list; (d) the
property is made unleasable orunsalable by an otherwise acceptabletenant/lessee/purchaser due to the Owner's
voluntary act; or(e) Owner cancels this Agreement or otherwise prevents Firm from leasing or sellingthe Property
after the Firm hasproduced an acceptable tenant/lessee/purchaser Thecommission shallbe calculated as
follows: Six percent(6 0%) of all gross receipts throughout the term of the firsttwenty(20)years of thelease. If a
sale then Six percent (6 0%) of thegrosssalesprice. The Firm's compensation will in no event be lessthan Six
percent(6 0%)for any transaction, including a long termland lease contemplated in this Agency Agreement. Firm
shall submit any registration list toOwner within 15 daysafter the expiration or soonerterminationof this
Agreement and shall only include on the registration list persons or entities to whose attention the Propertywas
broughtthrough thesigns, advertising or other action of Firm, or who received informationsecureddirectly or
indirectlyfromorthrough Firm duringtheterm of this Agreement. Owner shall provide the registration list to any
other brokers thatassist the Owner with thisProperty "Affiliate" means, with respect to anyperson or entity that
submitted an offer during the termof this Agreement or that appears on the registration list, a person or entity
which has more than a 10% ownership or voting interest in such an entity or any entity in which more than 10% of
the ownershiporvotinginterests are owned orcontrolled by such a personorentity
7 FIRM/MULTIPLE LISTING. Firm shall causethis listing to be published by CBA for distributionto all CBA
membersthrough CBA's listing distribution systems. Firm shall cooperate with all other members of CBA in working
toward the lease of the property Owner understands and agrees that all property informationcontained in this
Agreement or otherwise given to CBAbecomes the property of CBA, is not confidential, and will be given tothird
parties, including prospective PURCHASERS AND lessees, other cooperatingmembers of CBA who do not represent
the Owner and, in some instances, may represent the PURCHASER OR lessee and other partiesgranted access to
CBA's listing systems. Owner agrees that Firm may recordthis Agreement. Regardless of whether a cooperating
member is the firm of the lessee OR PURCHASER, the Owner neither or both,the member shall be entitled toreceive
theselling office's shareof the commission as designated by thelisting office.
IT IS UNDERSTOODTHAT CBA IS NOT A PARTYTO THIS AGREEMENT AND ITS SOLEFUNCTION IS TO
FURNISH THE DESCRIPTIVE INFORMATION SET FORTH IN THIS LISTINGTO ITS MEMBERS, WITHOUT
VERIFICATION AND WITHOUT ASSUMING ANY RESPONSIBILITY FORSUCH INFORMATION OR IN
RESPECT TO THIS AGREEMENT
8. ATTORNEY'S FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is
successful the other party agreesto pay a reasonableattorney's fee and any costsand expenses incurred. In the
eventof trial, venue shall be in the County in which the Property is located, theamount of the attorney's fee shall
beas fixed by the court.
9. TERMINATION. The Agreement may be terminated by either party following ninety(90)days writtennotification.
10.ADDITIONAL TERMS. In additionto theProperty Information pages of this Agreement and Exhibit A (legal
description) the following amendments or addenda are part of this Agreement: Cityownedpropertiesrepresented
in this Agreement are available for possible office, retail, hotel, senior family or other residential development
developed in accordance with applicable and adopteddesign standards and guidelines. This listing agreement
covers all possiblecommercial and residential developments, either by lease or by sale. EXCEPTIONS tothis
Agreement are: (a) transactions with the company of Williams and Dame Development, Inc. or Ceradimm LLC in
whichcasecommission willNOTbe paid for anytransaction accomplished by Williams and Dame Development,
Inc., Ceradimm, LLC or any affiliate of either' (b) Cityuse of lands owned by the City for public parking; (c) use of
City land by authorized parties for temporary events or purposes; and (d) all leases, residential or commercial, on
the parcel located at 2 1st Street SE,Auburn,WA 98002.
RES.C
Jones Lang LaSalle Americas, Inc o Commercial Brokers
1145 Broadway Suite 1350 ALL RIGHTS
Association 2011
RESERVED
Tacoma,Washington
Phone: (253)272-4662 CBA Form XLA (,;
Fax: (312)470 4475
Exclusive Agency
Rev.1/2011
Page 3 of 4
EXCLUSIVE AGENCY LISTING AGREEMENT
CONTINUED)
OWNER
City of Auburn
By
Owner/AuthorizedSignature)
Name: Peter B. Lewis
Title Mayor
Date:
FIRM
Jones Lang LaSalle Americas, Inc.-Tacoma Office, Firm(Company)
Office)
By'
AuthorizedRepresentativeSignature)
Name:
Title
Date.
RES.C
Jones Lang LaSalle Americas,Inc CommercialBrokers
1145 Broadway Suite 1350 ALL RIGHTSRESERVED
Tacoma,Washington
Phone: (253)272-4662 CBA Form XLA
Fax: (312)470 4475
Exclusive Agency
Rev.1/2011
Page 4 of 4
EXCLUSIVE AGENCY LISTING AGREEMENT
CONTINUED)
EXHIBIT A
Legal Description)
Lot#1 -7815700240
Lot#2-7815700225
Lot#3-7815700250
Lot#5-7815700295
Lot#6-7815700290
Lot#7-7815700285
Lot#9-7815700300
Lot#10 7815700305
Lot#11 7815700310
Lot#12 7815700325
Lot#13 7815700326
Lot#14 7815700327
More detailed legal descriptions for the lots specified in Exhibit A are provided in Exhibit B
And "For purposes hereof this Listing Agreement shall also includeparcelslocated within the four-block area
bounded by Main Street the North, A Street SW to theWest, 2nd Street SW/SE to theSouth and A Street SE to the
East, that are subsequently purchased by theCityduringthetermof thisListing Agreement or any extension(s)
thereof, along with any other"Outparcels' located within the area depicted on Exhibit B ("Downtown Redevelopment
Area") that are subsequently purchased by the City duringthe term of thisListing Agreement or any extension(s)
thereof provided thatthis Listing Agreement shall not applytoanyparcelsidentified in this section that may be
purchased by the City where the parcels are expressly purchased for municipal purposes"
RES.C
EXHIBIT "B"
Lot# 1 -7815700240
Lots 3 and 4, Block 5, Town of Slaughter, accordingto the plat thereof recorded in
Volume 2 of Plats, page 56, in King County, Washington, subject to Covenants,
Conditions, Restrictions and Easements containedin the Lot Line Adjustment recorded
January 17, 2006, under Recording Number 20060117002764, Agreement and the Terms
and Conditions thereof regarding the Common Wall recorded October 1, 1947, under
Recording Number 3729624, records of King County Washington.
12 15t Street SW, Auburn, WA 98002]
Lot#2-7815700225
Lots 1 and 2, Block 5, Town of Slaughter, according to the plat thereof recorded in
Volume 2 of Plats, page 56, in King County, Washington, together with that portion of
thevacated alley adjacentthereto as per City of Auburn Ordinance Number 5842,
recorded under King County Recording Number 20040708002028 Subject to The
Easement and the Terms and Conditions therein reserved by the City of Auburn affecting
a portion of said premises within the vacated alley for utilities, recorded July 8, 2004,
under Recording Number 20040708002028, the Agreement and the Terms and
Conditions therein regarding the right toerect pilasters, recorded October 1, 1947, under
Recording Number 3729624
101 S Division Street, Auburn, WA 98002]
Lot#3-7815700250
That portion of the Northeastquarter of the Southeast quarter of Section 13, Township 21
North, Range 4 East, WM, in King County Washington, being more particularly
described as follows. Lots 5, 6 and the North half of Lots 7 and 8, Block 5, Town of
Slaughter, according to the plat thereof recorded in. Volume 2 of Plats, page56, records
of King County, Washington,
Except that portion of said Lot 5 conveyed to the City of Auburn under Recording
Number 20010508002955,
That portion of Lot 5 Black 5, Town of Slaughter according to the plat thereof recorded in
Volume 2 of Plats,page 56, records of King County Washington, described as follows Beginning
at the southwest corner of said Lot 5 Thence northalong the West margin of said.Lot.5, a
distance of 10 feet, Thence southeasterly to the south margin of said Lot 5, Thence west along the
south margin of said Lot 5 a distance of 10 feet to the point of beginning and containing 50
square feet]
Together with the South half of the vacated alley way abutting Lots 5, 6, 7 and 8, of said
Block 5, as vacated underOrdinance No 5842 and recorded under Recording Number
20040708002028, And Together With the North Half of the vacated alley wayabutting
Lots 3 and 4, of said Block 5, as vacated under Ordinance Number 5842 and recorded
under Recording Number 20040708002028, All Situate in the County of King, State of
Washington.
RES.C
Lot#5-7815700295
Lot 4, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
2 1st Street SE,Auburn, WA 98002]
Lot#6-7815700290
Lot 3, Block 6, Town of Slaughter, recordedin Volume 2 of Plats, Page 56, records of
King County, Washington.
Lot#7-7815700285
Those Portions of Lots 1 and 2, Block 6, Town of Slaughter, according to the plat thereof
recordedin Volume 2 of Plats, page 56, in King County, Washington, lying Westerly of a
line described as follows. Beginning at a point on the North line of said Lot 1 lying 62.5
feet Easterly of the Northwest Corner of said Lot 2, Thence South 00°00'22" West 29.5
feet; Thence South 89°56'53" West 19 feet; Thence South 00°00'22" West 75 69 feet;
Thence South 89°56'19" West 43.52 feet to theWest line of said Lot 2, Thence
Southerly along said West line 15 feet to the Southwest corner of said Lot 2, being the
terminus of said line, also known as Lot A of City of Auburn Lot Line Adjustment No
0003-95, recorded under King County Recording No 9502160960
Lot#9-7815700300
Lot 5, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
122 S Division Street]
Lot# 10-7815700305
Lot 6, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington.
Lot# 11 -7815700310
Lot 7, Block 6, Town of Slaughter, recordedin Volume 2 of Plats, Page 56, records of
King County, Washington.
Lot# 12-7815700325
The North 29 80 feet of Lot 8 North 60 Feet of Lot 8, Block 6, Town of Slaughter,
recordedin Volume 2 of Plats, Page56, records of King County, Washington
115 "A" Street SE, Auburn, WA 98001]
Lot# 13-7815700326
The South 30.2 feet of the North 60 feet of Lot 8, Block 6, Town of Slaughter, recorded
in Volume 2 of Plats,Page 56,records of King County, Washington.
117 "A" Street SE, Auburn, WA 98001]
Lot# 14-7815700327
Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of
King County, Washington,Except the North 60 feet thereof
RES.C
Downtown Redevelopment Area Parcels Exhibit "C"
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I 3RD ST SW L______j E 12: 7815700325
3RD S1 SE 1 L 13: 7815700326
n L o ] ROSSSrSE 14: 7815700327
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n Wells Fargo Block Parcels Information ch.fforaral roln1eMe purposes
only and does a present e•at
pergrapna or ws togradln data as napped. the
City of Auburn mn6sn an warranty or io n1 accuracy.
RES.C
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4767
Date:
November 14, 2011
Department:
Finance
Attachments:
Resolution No. 4767 and Agreement
Status Report
Accomplishments
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4767.
Background Summary:
A Resolution No. 4767 authorizes the Mayor and City Clerk to execute an agreement for
services with the Auburn Chamber of Commerce to operate a visitor information center,
promote tourism awareness within the City and to provide services associated with
supporting the City's Economic Development efforts.
A3.16.3
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Coleman
Meeting Date:November 21, 2011 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D
RESOLUTION NO. 4767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYORAND
THE CITY CLERK TO EXECUTE AN AGREEMENT FOR
SERVICES BETWEEN THE CITY OF AUBURN AND THE
AUBURN AREA CHAMBER OF COMMERCE TO OPERATE A
VISITOR INFORMATION CENTER, PROMOTETOURISM
AWARENESS WITHIN THECITYAND TO PROVIDESERVICES
ASSOCIATED WITH SUPPORTING THE CITY'S ECONOMIC
DEVELOPMENT EFFORTS
WHEREAS, The City is engaged in its projects of operating a visitor
information center, promotingtourism and economicdevelopment, and is in
need of services of individuals, employees or firms for organizational work on
said project; and
WHEREAS, the City collects a lodging tax for the purpose of promoting
Auburn as a tourist destination; and
WHEREAS, the City desires to retain the Consultant to provide certain
services in connection with the City's work on said projects; and
WHEREAS, the Consultant is qualified and able to provideconsulting
services in connection with the City's needs for the above-described
work/project, and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW, THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN,
WASHINGTON, HEREBYRESOLVES AS FOLLOWS:
Resolution No. 4767
October 26, 2011
Page 1 of 3
RES.D
Section 1. Purpose. TheMayor and theCityClerk of the City of
Auburn are hereby authorized toexecute an Agreement for Services withThe
AuburnArea Chamber of Commerce to operate a Visitor Information Center
and to provideservicesassociated with supportingthe City's economic
development efforts.
Section 2. Implementation. The Mayor of theCity of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 4767
October 26, 2011
Page 2 of 3
RES.D
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 4767
October 26, 2011
Page 3 of 3
RES.D
CITY OF AUBURN AGREEMENT
FOR SERVICES
THIS AGREEMENT made and entered into on this day of 201_,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and The Auburn Area Chamber of Commerce,
hereinafterreferred to as the "Consultant."
WITNESSETH :
WHEREAS, The City is engaged in its projects of operating a visitor information center,
promoting tourism, and economicdevelopment, and is in need of services of individuals,
employees or firms for organizational work on said project; and,
WHEREAS, the City desires to retain the Consultant to provide certain services in
connection with the City's work on said projects; and,
WHEREAS, the Consultant is qualified and able to provide consulting services in
connection with the City's needs for theabove-described work/project, and is willing and
agreeable to provide such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1.Scope of Services.
The Consultant agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit "A" shall be individually referred to as a "task," and collectively
referred to as the "services.") The Consultant shall perform the services as an
independent contractor and shall not be deemed, by virtue of this Agreement and the
performance thereof, to haveentered into any partnership,joint venture, employment or
other relationship with the City.
2.Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Consultant of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respectiveparties
prior to the Consultant's performance of the servicesthere under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall havethe same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuantto an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
Page 1 of 10
RES.D
3.Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
describedon Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of addendum impractical prior to the
commencement of the Consultant's performance of the requested services. The
Consultant hereby agrees that it shall perform such services upon the oral request of an
authorized representative of the City pending execution of an addendum, at a rate of
compensation to be agreed to in connection therewith. The invoice procedure for any
such additional servicesshall be as described in Section 7 of this Agreement.
4.Consultant's Representations.
The Consultant hereby represents and warrants that hehas all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5.City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Consultant:
a.Designate in writing a person toact as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b.Furnish the Consultant with all information, criteria, objectives, schedules and
standards for the project andthe services provided for herein.
c.Arrange for access to the property or facilities as required for the Consultantto
perform the services provided for herein.
d.Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Consultant and render decisions regarding such
documents in a timely manner to prevent delay of the services.
6. Acceptable Standards.
The Consultant shall be responsible to provide, in connection with the services
contemplated in this Agreement, work product and services of a quality and professional
standardacceptable to the City.
7. Compensation.
As compensation for the Consultant's performance of the services provided for herein,
the City shall pay the Consultant the fees and costs specified on Exhibit `B" attached
hereto and made a part hereof (or as specified in an addendum). The Consultant shall
submit to the City an invoiceor statement of time spent on tasks included in the scope of
work provided herein, and the City shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Consultant thereafter in the normal course, subject to any conditions or provisions
in this Agreementor addendum.
8. Time for Performance and Term of Agreement.
The Consultant shall perform the services provided for herein in accordance with the
direction and scheduling provided by the City. The Term of this Agreement shall
Page 2 of 10
RES.D
commenceonthe date hereof and shall terminate on December 31, 2012, or upon another
date if mutually agreed to in writing by the parties, subject to the restrictions in section
18.
9.Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any othermaterials created or otherwise prepared by
the Consultant as part of his performance of this Agreement (the "Work Products") shall
be owned by and become the property of the City, and may be used by the City for any
purpose beneficial to the City.
10. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under thisAgreement.
11. Continuation of Performance.
In the event thatanydispute or conflict arises between the parties while this Contract is in
effect, the Consultant agrees that, notwithstanding such disputeor conflict,the Consultant
shall continue tomake a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
12. Administration of Agreement.
ThisAgreement shall be administered by the Chief Operating Officer of the Chamber,
on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the
City. Any written notices required by the terms of this Agreement shall be served on or
mailedto the following addresses:
City of Auburn Consultant
Auburn City Hall Auburn Chamber of Commerce
25 West Main 108 N. Division SuiteB
Auburn, WA 98001-4998 Auburn, WA 98001
253) 931-3000 FAX (253) 288-3132 253) 833-0700 Fax (253) 7354091
13. Notices.
All notices or communications permitted or requiredto be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, andaddressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to thisAgreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
orits new address, to anyother party, all pursuant to the procedure set forth in this
section of the Agreement.
Page 3 of 10
RES.D
14. Insurance.
The Consultant shall be responsible for maintaining, during the term of this Agreement
and at its sole costand expense, the types of insurance coverages and in the amounts
described below. The Consultant shall furnish evidence, satisfactory to the City, of all
such policies. During the term hereof, the Consultant shall take out and maintain in full
force and effect the following insurance policies:
a. Comprehensive public liability insurance, including automobile and property damage,
insuring the City and the Consultant against loss or liability for damages for personal
injury, death or property damage arisingout of or in connection with the performance
by the Consultant of its obligations hereunder, with minimum liability limits of
1,000,000.00 combined single limit for personal injury, death or property damage in
anyone occurrence.
b. Such workmen's compensation and other similar insurance as may be requiredby
law.
c. Professional liability insurance with minimum liability limits of$1,000,000.
15. Indemnification.
The Consultant shall indemnify and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of anynature whatsoever, by any reason of or arisingout of the
negligent act or omission of the Consultant, its officers, agents, employees, or any of
them relating to or arising out of the performance of this Agreement. If a final judgment
isrendered against the City, its officers, agents, employees and/orany of them, or jointly
against the City andthe Consultant and their respective officers, agents and employees,
or any of them, the Consultant shall satisfy the same to the extent that such judgment was
due to the Consultant's negligent acts or omissions.
16. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignment or
transfer of any interest under this Agreement shall bedeemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreementshall be valid or of any effect unlessmade in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall noteffect or
impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
Page 4 of 10
RES.D
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of thisAgreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Consultant if the services provided for herein are no longer needed from the
Consultant.
If this Agreement is terminatedthrough no fault of the Consultant, the Consultant shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided inExhibit"B"hereof
19. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligationsprovided for
herein shall inure to and bind, the partieshereto and their respective successorsand
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled toreceive its
reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understoodthat any applicable statute of limitation shall
commence no later than the substantial completion by the Consultant of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall notconstitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of thisAgreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
draftedby mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shallnot affect
the validity of the remainder of this Agreement.
Page 5of10
RES.D
24. Entire Agreement.
This Agreement contains the entireunderstanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall beone
and the same Agreement and shall become effective when one or more counterparts have
been signedby each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective theday and year first set forth above.
CITY OF AUBURN CONSULTANT
Peter B. Lewis, Mayor Name:
Title:
Attest:
Name:
Danielle Daskam City Clerk Title:
Approv-• as to fo
A i 1._ 0
D. IllnB''eid, Ci. Attorney'
Page 6 of 10
RES.D
STATE OF WASHINGTON )
ss.
COUNTY OF
ON THIS day of 201 before me, personally
appeared and to
me known to be the and
of the Contractor, the party(ies) who executed - the corporation/company that executed the within and
foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and
deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that
theywere authorized to execute said instrument.
GIVEN under my hand and official seal this day of 201_
NOTARY PUBLIC in and for the State of
Washington,residing at
My Commission Expires:
Page 7of10
RES.D
EXHIBIT A
TASKS AND SERVICES
Service as Auburn's Visitor Information Center:
Annually$25,000
Handleinquiries made by visitors, new residents and employees via phone,e-mail, mail,walk up,
and respond with the appropriate information and materials
Operate the City's storefront Visitor Information Center where visitors obtain materials and
advice during normal business hours. Thecenter will provide sufficient space,display racks,
appropriatematerials and receptionist.
Produce and distribute the City business directory, community profile, street maps,and lists
containing information about community resources and/or businessservices.
Respondto requests from publishers seeking information about Auburn for their magazines,web
pages and/or directories.
Provide City hotels with brochures promoting local attractions, businesses and shops.
Provide support and service to the City's economic development goals and outreach to current and
future business community members.
Annually$15,000
Assist the City in meeting with current and potential businesses to discuss inducements to
conducting orlocating a business in Auburn.
Provideinput, feedback and serve on City technical and advisory committees for issues.
Proposed city codes,comprehensive plans andupdates, design review, proposed capital
improvements,city businessprocesses,and other emerging issues mutually agreed upon).
Serve as the referral service for individuals seeking to do business with an Auburn business.
Meet with and provide tours of the City,when scheduling permits,for prospective business
investors in conjunction with the City's Economic DevelopmentManger and Planning
Department. Actively promote Auburnto prospective new business investors by attending
meetings and providing appropriate information.
Maintain and provide demographic information upto a 30-mile radius from the downtown area.
Organize and conduct orientations for new employee groups asan incentive for businesses to
locatein Auburn.
Page 8of10
RES.D
Provide a service topromote Tourism Awareness for the City of Auburn.
Annually$45,000
Coordinate all public relations, marketing, media relations, advertising, and event planning for the
AuburnTourism Board.
Liaise on marketing and communications matters and coordinate with the individual Board
members, who comprise representatives from the City Council,the Auburn Chamber of
Commerce,all the major attractions,the lodging sector and other tourism-related businesses.
Follow up on activities to involve existing and new strategic partners.
Twice a year the consultant shall provide a report to the Finance Committee on progress made
with the Tourism Awareness project.
Page 9 of 10
RES.D
EXHIBIT;B
COSTS
Annual compensation for current scope of work not to exceed $85,000.
Page l0 of 10
RES.D
MEMORANDUM
TO: CITY OF AUBURN COUNCIL MEMBERS, FINANCE COMMITTEE , AND
COMMUNITY & PLANNING DEVELOPMENT COMMITTEE
FROM: AUBURN AREA CHAMBER OF COMMERCE
SUBJECT: SERVICES AGREEMENT UPDATE /CONTRACT RENEWAL – VISITOR
INFORMATION CENTER, E CONOMIC DEVELOPMENT & TOURISM
DATE: 11/2/11
CC: AUBURN AREA CHAMBER OF COMMERCE BOARD OF DIRECTORS
Dear City Council Members,
Thank you for this opportunity to present you with an end-of-the-year report identifying
some of the highlights of the services the Auburn Area Chamber of Commerce is pleased
to have provided the City pursuant to our contract for services.
As you know, these services assist the City by supplementing its efforts with regard to
Visitor/Tourism Information, the City's Economic Development Goals and Outreach to
Current and Future Business Community Members in ways that leverage the credibility,
experience and resources of the Chamber.
While there is some overlap, I have organized this summary to encompass the general
scope of services in the referenced contract, as follows:
SERVE AS AUBURN’S VISITOR INFORMATION CENTER:
Handle inquiries made by visitors, new residents and employees via phone, email,
mail, walk-in and respond with the appropriate information and materials; Operate
the City's storefront Visitor Information Center where visitors obtain materials and
advice during normal business hours. The center will provide sufficient space,
display racks, appropriate materials and receptionist.
Consistent with the terms of the contract for services, the Chamber maintains and
operates Auburn's Visitor Information Center where people know to seek out the
Chamber as the first point of contact, whether a visitor or new resident, to obtain a wide
variety of materials and advice.
The Chamber-operated Visitor Information Center dominates the entire front portion of
the Chamber’s Lobby, with easy visibility & access from the street. It includes large
display racks stocked with varied and valuable visitor-related materials.
RES.D
2 | Page
The Visitor Information Center signage on the storefront is a large banner across the first
three windows to loudly state “Visitor Information Center”; and with a larger window
sign that boldly lists Auburn Tourism as one of the main components in our office and
offers the universal “I” symbol denoting an information center is located here.
With each walk-in, visitors and prospective businesses are able to take multiple pieces of
information that the Chamber provides. It is often their first point of contact in our
community. When we mail out relocation and/or vacation packets, a variety of
information is sent, including information about the City of Auburn, parks & recreation,
public art, the golf course, trails, etc., as well as Auburn businesses and visitor services.
The valuable contribution the Chamber is uniquely able to provide in its contract with the
City, is our ability to staff the Visitor Information Center with employees having
extensive personal knowledge of the greater Auburn area, and a genuine desire to
promote the City of Auburn.
With the construction for the Division Street Promenade, we have seen a marked
decrease in the amount of walk-ins, but we are pleased to know that those individuals and
businesses that want to find us, have been able to. We are excitedly anticipating the
opening of this new “jewel” for our community, which will create a more appealing
entrance to our office.
Produce and distribute the City business directory, community profile, street maps,
and lists containing information about community resources and/or business
services. Respond to requests from publishers seeking information about Auburn
for their magazines, web pages and/or directories. Provide City hotels with
brochures promoting local attractions, businesses and shops.
The Auburn Area Chamber of Commerce produces a Community Directory each year in
January and prints 5,000. All but 240 of the 2011 directories have been distributed. We
will have the 2012 directories delivered to us in mid-January. We currently distribute
these Community Directories to:
City Hall
Member advertisers for use with prospective and current customers and firms
Auburn Library
Muckleshoot Library
Senior Center
Parks & Rec Building
Auburn Airport
Local Hotels
Small Business Assistance Center
Green River Community College
The SuperMall
All event visitors that deal directly with our Tourism Marketing Coordinator
RES.D
3 | Page
New teachers (in conjunction with the New Teacher Breakfast hosted by the
Chamber and the Auburn School District’s recruitment efforts); and
We mail out the Community Directory in the Chamber's
"Relocation/Tourism/Inquiry Packets"
The Chamber’s Community Directory continues to receive a very strong response from
the Auburn Business Community. We believe the desire of local businesses to advertise
in the Community Directory is an affirmation of the effectiveness of the Chamber's
Community Directory in presenting the strengths and assets of the Auburn area, and local
businesses, to both current and prospective visitors. They see it as a primary resource for
direct contact with their customers and clients.
The Auburn Area Chamber of Commerce also produces a Local Area Map every two to
three years. 10,000 of each edition are printed. Our map came out in June 2011 and of
those 10,000 we have been able to distribute approximately 4,000 thus far.
We currently distribute these Local Area Maps to:
City Hall
Member advertisers
Auburn Library
Muckleshoot Library
Senior Center
Parks & Rec Building
Auburn Airport
Local Hotels
Small Business Assistance Center
Green River Community College
The SuperMall
All event visitors that deal directly with our Tourism Marketing Coordinator
New teachers (in conjunction with the New Teacher Breakfast hosted by the
Chamber and the Auburn School District’s recruitment efforts); and
We mail out the Local Area Map in the Chamber's
"Relocation/Tourism/Inquiry Packets"
RES.D
4 | Page
PROVIDE SUPPORT AND SERVICE TO THE CITY'S ECONOMIC DEVELOPMENT GOALS AND
OUTREACH TO CURRENT AND FUTURE BUSINESS COMMUNITY MEMBERS.
Assist the City in meeting with current and potential businesses to discuss
inducements to conducting or locating a business in Auburn. Provide input,
feedback and serve on City technical and advisory committees for issues. (Proposed
city codes, comprehensive plans and updates, design review, proposed capital
improvements, city business processes, and other emerging issues mutually agreed
upon.) Serve as the referral service for individuals seeking to do business with an
Auburn business. Meet with and provide tours of the City, when scheduling
permits, for prospective business investors in conjunction with the City's Economic
Development Manager and Planning Department. Actively promote Auburn to
prospective new business investors by attending meetings and providing
appropriate information. Maintain and provide demographic information up to a
30-mile radius from the downtown area. Organize and conduct orientations for new
employee groups as an incentive for businesses to locate in Auburn.
Chamber leaders and the Chamber’s President & COO have been active participants on
the all important Streets Task Force (twice); and took the lead on the Urban Core Task
Force, a new 50-year visioning process for the downtown area and surrounding business
community.
The Chamber’s President & COO has greatly appreciated the opportunity to be called in
as an active participate in significant recruitment and retention meetings, partnering with
the City’s Economic Development Manager and the City’s Planning Director. The
Chamber has furthered the partnership with the City’s Economic Development staff in
co-sponsoring several events such as: Import/Export Forum; Business Development
Classes, and more that are scheduled for the coming months.
Chamber staff members have been active in giving “windshield tours” of the city to
prospective businesses whenever requested.
The Chamber participates, along with other chambers, with the Valley Cities Mayors'
group to identify issues where it may forge and implement partnerships on issues critical
to enhance economic vitality for Auburn, and the south-end region. The Chamber is also
an integral founding partner on the South Sound Chambers of Commerce Legislative
Coalition (SSCCLC) that puts forth issues to better our region’s economy. The Chamber
just took on the added responsibility as being the Administrator for the SSCCLC.
Chamber board members, especially executive committee members, have actively
(proactively) been soliciting new businesses to move to Auburn. (Example: Ronnie
Roberts with Gosanko Chocolate Art recruited U-Line to open a facility in Auburn.)
RES.D
5 | Page
PROVIDE A SERVICE TO PROMOTE TOURISM AWARENESS FOR THE CITY OF AUBURN.
Coordinate all public relations, marketing, media relations, advertising, and event
planning for the Auburn Tourism Board. Liaise on marketing and communications
matters and coordinate with the individual Board members, who comprise
representatives from the City Council, the Auburn Area Chamber of Commerce, all
the major attractions, the lodging sector and other tourism-related businesses.
Follow up on activities to involve existing and new strategic partners.
Several Chamber Board Members and the President & COO participate on the Auburn
Tourism Board, working to bring tourists to our area. This effort both builds the growing
strength of our local tourism economy and generates additional sales tax revenues to
support city services including both capital and operational expenses.
As part of our 5-year Strategic Plan, the Chamber's leadership is committed to pursuing a
community-wide, partnership effort to market on a consistent basis a branded welcome
message to tourists in connection with all the major events that put heads in beds, dollars
in retail establishments and seats in restaurants.
Our Tourism Marketing Coordinator, Debbie Luce, has provided a comprehensive report
to the City Council Members on the progress of the Tourism Board and the great strides
made with that Board. This report highlights the 2nd year of our highly successful
Autumn Wedding Show. (See separate report from Debbie Luce.)
RES.D
6 | Page
Summary Data Regarding
Visitor Information, Tourism & Economic Development Inquiries
The following data reflects recorded Chamber activity in responding to Visitor
Information Center (Tourism) and Economic Development Inquiries from January 1,
2011 through November 1, 2011.
Visitor Information Center/Tourism
Walk-ins 2,759 (down due to road construction)
Phone 15,232 (up due to road construction)
Email 11,935
Mail
Incoming 562
Outgoing 8,517
Economic Development
Walk-ins 53
Phone 197
Email 42
Mail
Incoming 11
Outgoing 83
General Information Request (non VIC/Tourism/ED related)
Combined 6,714
Amount of time spent on each:
Walk-ins: 15 - 60 minutes
Phone: 3 - 30 minutes
Email: 3 - 5 minutes
Mail: 3 - 15 minutes
Thank you for the opportunity to provide you with this year-end status report identifying
some of the highlights of the services the Auburn Area Chamber of Commerce is pleased
to provide the City pursuant to our contract for services. We look forward to another
year of providing these essentials services for the City of Auburn.
Sincerely,
AUBURN AREA CHAMBER OF COMMERCE
Nancy E. Wyatt
President/COO
RES.D
Auburn Tourism Board 2011 Accomplishments
Overall Accomplishments that follow the Strategic Plan:
Worked with Finance Senior Accountant for monthly financial review
Maintain Website and Blog
Negotiated 2011 contract with Clear Channel for banners at the Sounder Train
Station
Participate in City Events representing the Tourism Board
Answer all tourism related questions from walk-ins and phone calls
1. Respond to all tourism information requests with follow up if necessary -
phone, mail and website
2. Respond to all newcomer inquires about Auburn
Update Chamber staff on current events that are tourism related
Update Tourism Partners and Hotels on current events
Continue to work closely with City of Auburn, Parks Department, Multimedia,
Senior Citizens Supervisor, The Auburn Downtown Association and Cultural Arts
to assist in promotion, advertising and up coming events
Continue to work with Auburn School District to promote school functions that
need hotel accommodations: Bands for Veterans Day Parade, Soft Ball and Fast
Pitch Tournaments, Cup Stacking Tournament, Miss Auburn Pageant, Jazz
Festival, Junior Olympics etc.
Other groups: YMCA, NW Skating Invitational at Auburn Skate Connection,
Auburn Airport
Continue branding in all forms of printed materials, banners, ads, website design
Hold and coordinate monthly ATB meetings
Prepare all paperwork for meeting including agenda, financials and minutes
Attended all ATB meetings, organized meetings and produced meeting materials
Organize Visitor Information material in Chamber lobby
Work with and visit all hotels on a weekly basis - more if needed
Check all websites of attractions on a weekly basis for updated information
Develop and Implement ATB Monthly Update Calendar
Distribute Updated Calendar to hotels to inform front desk staff and management
of upcoming events
Post monthly calendars in 7 locations: B Street Plaza kiosk, Train Station, Auburn
Area Chamber of Commerce, Auburn Ave., SuperMall, The Auburn Downtown
Association and Auburn Reporter
Updates and FYI’s go to all of the ATB partners on a regular basis
Updates also act as a communication tool to update partners on important
information that might affect their business
Post yearly and monthly events on website and in the Chamber Connections
Newsletter
Write tourism article each month in the Chamber Connections
Keep up to date restaurant list, with recommendations on large group choices
RES.D
Tourism Website
Incorporated the “More Than You Imagined” branding to the overall look of the
site which is used in all printed material
Ensure lodging and restaurant information is complete and valid
Up to date attraction information
Up to date new business information
Working on content development and updating on a weekly basis
Post all current events
Add links and removed them as needed
Add news and media articles
Update any Hotel or Business Partner changes
Answered all inquiries from site
Worked on maximization of links from and to the Auburn Tourism site and
ATB’s reps’ site
Auburn news feed directly from the Tourism Blog which keeps the Home Page
current
Things To Do section automatically populates from the calendar
Highlight months largest events on website Home Page
Continue to Update Tourism Fact Sheet
Update all facts on the two sided sheet as needed
Displayed in Chamber lobby
Send out in every information and newcomer packet
Maintain partner contact list
Maintain list on a monthly basis
Continue to seek new valued partners
Local Community Outreach Program
Welcome Display at the front counter of the Finance Department with business
cards, brochures and directions to Visitor Center
Worked with the Auburn Reporter to include tourism in the 2011 Residence
Guide
Attend South King County Event and Wedding Vendors Meet-Up
Continued to reach out to clubs and organizations as guest speaker
Cold call to local businesses with hotel information and attractions
Distribute chocolate bars with City logo to area businesses and groups
Developed Tourism Packet for visitor as well as business travelers for HR
departments
Write monthly article for Chamber Connections Newsletter
Continue to use the More Than You Imagined tag line
Maintained a great working relationship with all major local and area attractions
and local hotels
Maintain an ongoing branding image for Auburn Tourism
Third year participating with DECA
RES.D
Participate in Veterans Day Parade
Participate in yearly Association of Visitor Information Centers of Washington
(AVICW) conference
Second year as a Board Member on the AVICW Board of Directors and
participate in quarterly Board Meetings
Participate in opening day of the International Farmers Market
Provide Tote Bag for the International Farmers Market sponsored by Emerald
Downs
Our goal in 2009 was to continue to educate our local citizens by showcasing all the
tourism opportunities available in Auburn. We also wanted to promote the opening
of the Auburn International Farmers Market. This being accomplished in 2009 our
goal was to expand our outreach outside of Auburn. The Board of Directors and
the Lodging Tax Advisory Board decided to have a Wedding Show to accomplish
our goal while still showcasing all that Auburn has to offer. The 2010 Autumn
Wedding Show at Emerald Downs was a huge success allowing us to host an even
larger Wedding Show in 2011. There were over 3,000 guests attending the 2010
show. Auburn businesses were given a $100 discounted vendor rate and prime booth
placement. Our hotels were given free 5 x 10 booth space.
2011 Autumn Wedding Show at Emerald Downs October 1st and 2nd
Developed Budget
Updated the 2010 website
Developed a time line
Developed Vendor Rules & Guidelines
Developed Application for Vendors
Began sending out information packets on a weekly basics
Sent a total of 500 or more letters and applications and developed a good vendor
list in all wedding related categories
Designed a filing system for vendors
Designed Sponsor Packets
Designed Save the Date Cards for Vendors to display in their businesses
Signed-up Tote Bag Sponsor - The Mane Team
Booked Fashion Show with Group USA and Rottles Clothing & Shoes
Acquired a vendor to oversee the Fashion Shows
Signed up - models
Worked with the Wolf Radio for Grand Prize
Worked with Star Radio for Grand Prize
Kept Website up to date
Completed art work for Emerald Downs programs
Sent out invoices
Designed all print material
Had display table at all Chamber Luncheons with Banner
In Chamber E-blasts
In Chambers Slide Show at luncheons
Continue to gather information on advertising opportunities
RES.D
Arranged concessions for vendors
Had additional advertising with the Wolf giving vendor prizes on the air
Advertising on both radio stations websites
Added Vendor “How To Seminars” for both Saturday & Sunday
Secured Banner Permits
Secured advertising at SuperMall rolling kiosks
Worked with MC and Fashion Show content
Secured Mayor Prize Sponsor - $3,200 Engagement Ring and $1,000 Gift
Certificate Marci Jewelers
Attended Hat’s and Heels on August 13th for possible vendors
Secured 2,500 Free Wedding Magazines to give out
Designed and ordered Bridal Gift Bag
Advertising:
1. E Entertainment, Travel Channel, TLC and Style. Advertising began on
September 19th
2. Star 101.5 - Two week radio campaign and 2 hour remote on Saturday
3. Wolf 107.7 Two week radio campaign
4. 16 Screens Kiosk at the SuperMall.
5. ShowCase Media on their website and magazine
6. Advertising on the Knot website
7. Advertising on Seattle Weekly e-blast to 5,000 subscribers
8. Adverting on MySeattleWedding.com
9. Auburn Reporter
10. Posters
11. Banners
12. Highline Community College Newsletter
13. Save the Date Cards
14. Chamber News Letters
15. Emerald Downs Newsletters
16. Emerald Downs Program the entire racing season.
17. AutumnWeddingShow.com
18. AuburnTourism.com
19. Chamber e-blasts
20. South Sound Wedding & Event Magazine
21. Chamber Luncheons
Final Vendors 64
Chamber Ambassadors help vendors set up
Over 2,500 people attended
Handed out 750 gift bags
Already have vendors set up for next year
We are now on the Wedding Show circuit for 2012
Letters and applications will be sent out to all 2011 Vendors
Prepared and sent out Brides List, Groom List and Other List
Sent Thanks You letter to models in Fashion Show
Send out surveys to all vendors
RES.D
Hotel Occupancy
Occupancy came up a little from last year
All 6 hotels had a good summer
Visited hotels regularly asking if they have special groups coming in that we can
make goodie bags for their guests (great PR)
Have assisted hotels with various issues on a regular basis
Continue to distribute Thank You for Staying in hotels that are given to large
groups and special guest
Will once again work with hotels offering Winter Rates from November thru
March
Also established Special Rates for Emerald Downs, Auburn Regional Medical
Center, Funeral Homes
Advertising,
Researched all possible free advertising
Board decided not to participate in printed Guides for 2011/2012
Member of the Tacoma Visitor and Information Center and are in the Tacoma
Visitor Guide
Arranged inclusion in calendar in Hometown Values - Free
Sent 400 Brochures to Tacoma Tall Ships Event again this year
Linked our site to all area attraction websites
Distribute Map/Brochures - Visited to check on stock count on a regular basis
Hotels
Airport
Local businesses
Car Dealers, Rental Car Companies
Public Library
City Hall
Auburn Regional Hospital
Parks Department
Senior Citizen Center
Muckleshoot Casino, Iron Horse Casino, Emerald Downs, White River
Amphitheatre, Auburn Ave, SuperMall, Auburn Golf Course, White River Valley
Museum, etc.
Target Markets determined by the ATB Board. (Certified Folder Display).
Work with Certified to insure the best possible information centers to display
Map/Brochure
Changed our advertising strategies with Certified Folder Display and we will not
be advertising with them in 2012
Action Items and Goals which follow the Tourism Boards Program of Work
Increase Hotel Occupancy
Having met our goals on educating our community first in 2009 and 2010, we
expanded our focus to promote to the South Sound area and beyond
Resell the Banners at Sounder Train Station and sign a new contract with Clear
Channel
RES.D
Work on 2012 Autumn Bridal Show at Emerald Downs and all related partners
1. Position our event in between Seattle and Tacoma Wedding
Events and promote all that we have to offer
2. Advertise our Community as a Tourist Destination
3. Work to make the Wedding Show pay for itself
Continue to grow or partnerships
Continue to provide up to date information about our city
Change advertising strategy to promote Auburn on radio, TV and websites
Work to bring in other events
Assist all entertainment properties promoting their Special Events
Work with PR firm to choose markets to advertise Auburn
Work with Green River Community College to provide International Students and
their parents special information packets about Auburn
Work with Washington Tourism Alliance (Washington has canceled State
Tourism Office funding as of July 1, 2011) to make sure we continue to promote
Washington and our community
Member of the Washington Tourism Alliance
RES.D
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4772
Date:
November 15, 2011
Department:
Planning and Development
Attachments:
Resolution No. 4772 and Agreement
Letter and Interlocal Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4772.
Background Summary:
When Vision 2040 was adopted by the Puget Sound Regional Council General
Assembly in May 2008, there were provisions for the four counties to update their
Countywide Planning Policies (CPP) to be consistent with the Multi-County Planning
Policies identified in Vision 2040. Pierce County began that work, through the Growth
Management Coordinating Committee (GMCC), towards the end of 2009 and has
continued that work through March 2011. The GMCC is a staff level committee
representing each jurisdiction in Pierce County that makes recommendations, related to
growth management, to the Pierce County Regional Council (PCRC).
The GMCC has been working on proposed changes to the CPPs to be consistent with
Vision 2040 has made their recommendation to the PCRC. The PCRC has been
reviewing the CPP amendments and has made their recommendation to the Pierce
County Council for ratification. The Pierce County Council approved Ordinance No.
2011-34s on July 19, 2011 and has sent the amended Pierce County CPPs for
ratification to the cities and towns.
The amendments to the CPPs become effective when 60 percent of the jurisdictions in
Pierce County representing 75 percent of the total population adopt the amendments.
This threshold correlates to 14 cities and towns and Pierce County representing a
minimum of 601,612 people.
The Planning and Community Development reviewed Resolution No. 4772 and
recommended approval to the full City Council at their November 14, 2011 meeting.
O3.4.1
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINEDRES.E
Finance, Planning And Community Development Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E
RESOLUTION NO. 4 7 7 2
A RESOLUTION OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AND AUTHORIZING
EXECUTION OF AN INTERLOCAL AGREEMENT
WITH PIERCE COUNTY, THEREBYAMENDING THE
PIERCE COUNTY COUNTYWIDE PLANNING
POLICIES FOR CONSISTENCY WITHVISION 2040
WHEREAS, on July 1, 1990, the Growth Management Act (the GMA) became
effective (Chapter 36.70A Revised Code of Washington); and
WHEREAS, the Growth Management Act requires Counties, Cities, and Towns
to plan for housing affordable to all economicsegments of thepopulation; and
WHEREAS, on January 31, 1995, thePierce County Council passed Resolution
R95-17 affirmingthe commitment of the County to continue discussions with other local
jurisdictions to resolve implementation of the Growth Management Act; and
WHEREAS, the Pierce County Countywide Planning Policies are written policy
statements which are to be used solely for establishing a countywide framework from
whichthe County and Municipal comprehensive plans are developed and adopted; and
WHEREAS, the Puget Sound Regional Council General Assembly adopted
Vision2040 in May 2008, which established a vision to address growth at theregional
leveland required that Counties amend their Countywide Planning Policies to be
consistent with the Multicounty PlanningPolicies in Vision2040; and
WHEREAS, the City participated in the amendment process and helped develop
theproposedPierce CountyCountywide Planning Policiesthroughparticipation in
Pierce County's Growth Management Coordinating Committee (GMCC), a staff level
committee that reviews amendmentsto thePierce County Countywide Planning
Resolution No. 4772
November 14, 2011
Page 1 of 3
RES.E
Policies and makes recommendations to thePierce County RegionalCouncil(PCRC);
and
WHEREAS, thePierce County Regional Councilrecommendedadoption of the
proposed amendments to the Pierce County Countywide PlanningPolicies on April 21,
2011; and
WHEREAS, the Pierce County Council adopted Ordinance No. 2011-34s on July
19, 2011; and
WHEREAS, amendmentsto the Pierce County Countywide Planning Policies
must be adopted through amendment of the originalinterlocal agreement or by a new
interlocal agreement ratified by 60 percent ofmember jurisdictions in Pierce County
representing 75 percent of thetotal population; and
WHEREAS, an interlocal agreement titled "Amendments to thePierce County
Countywide Planning Policies" wasdeveloped for the purpose of implementing the
recommended amendments.
NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN
HEREBYRESOLVES as follows:
Section 1. The amendments to the Pierce County Countywide Planning
Policies are attached as Exhibit A to this Resolution.
Section 2. TheMayor is authorized to execute the interlocal agreement for the
purpose of amending thePierce County Countywide PlanningPolicies in accordance
with therequirements of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW.
Section 3. That a copy of theresolution and signedinterlocal agreement
authorizingapproval shall be provided to Pierce County.
Resolution No. 4772
November 14, 2011
Page 2 of 3RES.E
Section 4. That the Mayor is authorizedto implement such administrative
procedures as may be necessary to carry outthe directivesof this legislation.
Section 5. That this Resolution shall take effect andbe in full force upon
passage and signatures hereon.
Dated and signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP' )VED ORM:
1 A
Triel B. Hei:77 Attorne
Resolution No. 4772
November 14, 2011
Page 3 of 3
RES.E
Exhibit A to Resolution No. 4772
ExhibitA to Ordinance No. 2011-34s
Exhibit A to Ordinance No.2011-34s PierceCountyCouncil
Page 1 of 113 930 Tacoma Ave S.R 9 1046
80
RES.E
Countywide
Planning
for Pierce County, Washington
Adopted by the Pierce County Regional Council
April 21, 2011
Effective **
RES.E
COUNTYWIDE PLANNING POLICIES
FOR
PIERCE COUNTY,WASHINGTON
PIERCE COUNTY REGIONAL COUNCIL
Councilmember Bobbi Allison,Chair,Town of Eatonville
Councilmember Derek Young,Vice Chair,City of Gig Harbor
Councilmember RichardWagner,City of Auburn
Councilmember Mark Hamilton,City of BonneyLake
Mayor Pat Johnson,City of Buckley
Mayor RichieMorgan,Town of Carbonado
Councilmember Larry Wilcox,City of DuPont
Councilmember Donna O'Ravez,City of Edgewood
Councilmember Glenn Hull,City of Fife
Councilmember Kathy McVay,City of Fircrest
Councilmember DonAnderson,City of Lakewood
Councilmember Jason Whalen,City of Lakewood
DebraPerry,City of Milton
Councilmember David Inge,City of Offing
Councilmember John Jones,City of Pacific
Pat McCarthy,Pierce CountyExecutive
Councilmember Joyce McDonald,Pierce County Council
Councilmember RogerBush,Pierce County Council
Councilmember Timothy M.Farrell,Pierce County Council
Commissioner Clare Petrich,Port of Tacoma
Councilmember John Knutsen,City of Puyallup
Councilmember Nicole Martineau,City of Puyallup
Councilmember Michelle Walker,City of Roy
Mayor Bruce Hopkins,Town of Ruston
Mayor Peggy Levesque,Town of South Prairie
Mayor Ron Lucas,Town of Steilacoom
Councilmember Steve Allsop,City of Sumner
Councilmember Joseph Lonergan,City of Tacoma
Councilmember Lauren Walker,City of Tacoma
Councilmember Marty Campbell,City of Tacoma
Councilmember Eric Choiniere,City of University Place
Councilmember Caroline Bellici,City of University Place
CouncilmemberBecky Gilbert,Town of Wilkeson
Ex officio Members:
Chris Picard,Office of Urban Mobility
Neel Parikh,Pierce County LibraryDistrict
Kelly Hayden,Pierce Transit
Norman Abbott,Puget Sound Regional Council
Tom Washington, WSDOT
Recommended by the Pierce County Regional Council
April 21,2011
RES.E
TABLE OF CONTENTS
I. INTRODUCTION 1
H. RULES OF INTERPRETATION 11
III. COUNTYWIDE PLANNING POLICIES(CPPs) 12
Preamble to Countywide Planning Policies 12
Affordable Housing 13
Agricultural Lands 18
Amendments and Transition 24
Buildable Lands 28
Community and Urban Design 32
Economic Development and Employment 34
Education 39
Fiscal Impact 42
Health and Well-being 43
Historic,Archaeological and Cultural Preservation 46
Natural Resources, Open Space,mid Protection of Environmentally-Sensitive Lands,
and the Environment 49
Rural Areas 63
Siting of Essential Public Capital Facilities of a Countywide or Statewide Nye
Significance 66
Transportation Facilities and Strategies 70
Urban Growth Areas 78
This document was originally adopted on June 30, 1992 and amended on April 9, 1996, December
17, 1996, and November 18, 2004, November 17, 2008. TO BE UPDATED
RES.E
Introduction
I. INTRODUCTION
A. Background and Statutory Framework
In response to legislative findings that uncoordinated and unplanned growth together with a lack of
common goals toward land conservation pose a threatto the environment,to the public health,
safety and welfare,and to sustainable economic development,the State legislature enacted the
Growth Management Act.' The Act identifies 4 14 planning goals which are intended to be used
e3 for the purpose of guiding the development and adoption of comprehensive
plans and development regulations of municipalities and counties required to plan? The categories
in which goals have been propounded are: urban growth,sprawl reduction,transportation,housing,
economic development,property rights,permits,natural resource industries,open space and
recreation,shoreline,environment,citizen participation and coordination,publicfacilities and
services,and historic preservation. -- . -•.. . . -- _ • . - -• • • -
The Act specifies
mandatory3 and optional4 planelements as follows:
Mandatory Elements Optional Elements
land use conservation
housing solar energy
capital facilities recreation
utilities economic development*
rural(County only) historic preservation*
transportation any other relating to the physical
development of the jurisdiction
In addition,subarea plans are permitted.
5
RCW Chapter 36.70A(1990).
2 RCW 36.70A.020(1)-(4-3[14).
3 RCW 36.70A.070.
4 RCW 36.70A.080(1).
5 RCW 36.70A.080(2).
RCW 36.70.070(9): these optional elementsbecome mandatory if state funding is provided.
Ratification Date
1
RES.E
Introduction
One of the most important planning tenetsexpressed in the Growth Management Act is the
consistency requirement,which takes many forms as follows:
consistency of municipal/County plans with the planning goals identified in RCW
36.70A.020
internal consistency between plan elements
consistency of all otherplan elements with the future land use map
consistency of any subarea plans with the comprehensive plan
consistency of the transportation element with the land use element
consistency of the transportation element with the six-year plans required by RCW
35.77.010 for cities,RCW 36.81.121 for counties,and RCW 35.58.2795 for public
transportation systems
consistency between the County Comprehensive Plan and the comprehensive plans of
all municipalities within the County
consistency of comprehensive plans of each municipality and county with
comprehensive plans of neighboring municipalities and counties with common borders
or faced with related regional issues
consistency of developmentregulations with the comprehensive plan
consistency of capital budget decisions with the comprehensive plan
consistency with the PugetSound Regional Council's(PSRC)Multicounty Planning
Policies(MPPs)as required by RCW 36.70A.210(7)
consistency of state agency actions in relation to the location, financing and expansion
of transportation systems and other publicfacilities with county and municipal
comprehensive planning
Despite the factthat the word "consistency" is used repeatedly in the Growth Management Act, it is
not defined. The Standard Planning Enabling Act promulgatedin 1928 by the United States
Department of Commerce established the conceptthat zoning regulations should be "in accordance
with a comprehensive plan." In the 64 yearssince the modelact was developed this concept has
evolved from being merely advisoryor guiding to one that mandates that the goals,objectives,
policies,and strategies of each document must be inagreement with and harmonious with the
provisions of all other required documents. The consistency doctrine has been continually
strengthened by both state statutes and bycourt decisions in both,`consistency statute states' and
those states adopting the conceptby increasinglyvigorous interpretation of the"in accordance with"
statutory language.
Ratification Date
2
RES.E
Introduction
A second planning tenet which the Growth Management Act promotes is concurrency--i.e.,that
concept that public facilities and services necessary to serve new development atadopted level of
service standards are actually available at the time of development. The concurrencyrequirement is
stated generally in the planning goals6 as follows:
Ensure that those publicfacilities and services necessary to supportdevelopment
shall be adequate to serve the development at the time the development is
available for occupancy and use without decreasing current service levels below
locally established minimum standards.
In the transportation element,which is a requiredplan element for all municipal and County
comprehensive plans,the concurrency requirement is restated in more forceful terms as follows:7
local jurisdictions must adopt and enforce ordinances which prohibit
development approval if the development causes the level of service on a
transportation facility to decline below the standardsadopted in the
transportation element of the comprehensive plan, unless transportation
improvements or strategies to accommodate the impacts of development are
made concurrent with the development.
These strategies may include increased public transportation service, ride sharingprograms,demand
management,and other transportation systems management strategies;the importance of
considering multimodal transportationimprovements is set forth in RCW 36.70A.108. Concurrent
with the development means that for non-transportation facilities, improvements or strategies are in
place at the time of development and in the case of transportation facilities,that a financial
commitment is in place to complete the improvements or strategies within six(6)years.
Portions of the mandatory planning,consistency,and concurrency requirements combine to suggest
a strong relationship between the accommodation of growth and the provision and financing of
public facilities and services tomeet facility and service demands generated by that growth. This
relationship is thenstrengthened by the Urban Growth Area boundary designation and public
facility requirements.8
In order to accomplish these new planning and plan implementation requirements,the legislature
has expressly authorized the use of innovative techniques,
9 including impact fees.10
6 RCW 36.70A.020(12).
RCW 36.70A.070(6)(b).
8 RCW 36.70A.110.
9 RCW 36.70A.090.
10 RCW 82.02.050-.090.
Ratification Date
3
RES.E
Introduction
In 1991,the State legislature amended the Growth Management Act,inter alia,torequirethat the
legislative body of the County adopt countywide planning policies,in cooperation with the
municipalities in the County. Countywide planning policies are written policy statements
establishing a countywideframework from which county and municipal comprehensive plans are
developed and adopted. The framework is intendedto ensure that municipal and County
comprehensive plans are consistent."
The development of the countywide planning policies was is intended to be a collaborative process
between the County and the municipalities. The legislation required the Countylegislative body to
convene a meeting with representatives of each municipality. The County and the municipalities
then determine the process in by which they will agree to allprovisions and procedures of the
countywide planning policies including`,but not limited to,desired planningpolicies,deadlines,and
ratification. No later than July 1, 1992,tThe legislative authority of the County is required to adopt
countywide planning policies in accordance with the agreed-upon process after holding therequisite
public hearing or hearings.12
The Countywide PlanningPolicies are not substitutes for comprehensive plans but,rather goals,
objectives,policies,and strategies to guide the production of the County and municipal
comprehensive plans.
The Countywide Planning Policies shall,at a minimum,address the following:13
a) Policies to implement RCW 36.70A.110;
b) Policies for promotion of contiguous and orderly development and
provision of urbanservices to such development;
c) Policies for siting public capital facilities of a countywideor statewide
nature;
d) Policies for countywide transportation facilities and strategies;
e) Policies thatconsider the need for affordable housing, such as housing for
all economic segments of the population and parameters for its distribution;
I) Policies for joint County and city planning within urban growth areas;
g) Policies for countywide economicdevelopment and employment;and
RCW 36.70A.210(1).
12 RCW 36.70A.210(2).
3 RCW 36.70A.210(3)(a)-(h).
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Introduction
h) An analysis of the fiscal impact.
B. Framework Agreement for the Adoption of the Countywide Planning Policies
Pursuant to the Growth Management Act,Pierce County and the municipalities haveentered into an
Interlocal Agreement for the development,and adoption, and amendment of the Countywide
PlanningPolicies(CPPs).14 The Agreementprovides for the establishment of a Steering Committee
consisting of one elected official from Pierce County andone elected official from every
municipality in the County. The principalresponsibility of drafting the Countywide Planning
Policies was given to the Steering Committee.15 The Steering Committee is now the Pierce County
Regional Council(PCRC)and receivesd technical/staff support from the Growth Management
Coordinating Committee(GMCC)'and the Transportation Coordinating Committee(TCC). e
Strategies.
Ratification of and amendments to the Countywide Planning Policies requires the affirmative vote
of 60%of the affected governments in Pierce County representing a minimum of 75%of the total
Pierce County population as designated by the State Office of Financial Management at the time of
the proposed ratification.
C. - -.- . - -- `- .. - - Countywide PlanningPolicies
Countywide planning policies are policy documents that have both a procedural and a substantive
effect on the comprehensive plans of cities and the county. The immediate purpose of the CPPs is
to achieve consistency between and among the plans of cities and the county on regional matters. A
long-term purpose of the CPPs is to facilitate the transformation of local governance in urban
growth areas so that cities become the primary providers of urban governmental services and
counties becomethe providers of regional and rural services and the makers of regional policies.
Poulsbo, 92-3-0009c,FDO,at 23.] [Also,Snoqualmie, 92-3-0004c,FDO,at 9.] Another purpose
is to facilitate urban growth at urban densities.
The Countywide Planning Policies are intended to provide the guiding goals,objectives,policies
and strategies for the subsequent adoption of comprehensive plans,but are not to be a substitute for
such plans. The level of detailin the Countywide Planning Policies must be sufficient to provide
specific guidance,yet not so detailed as to constrainappropriatelocal choice in future
14 Interlocal Agreement: Framework Agreement for the Adoption of the Countywide
Planning Policy(Pierce County Council Resolution No.R91-172, September 24, 1991)(See
Attachment"B").
15 Interlocal Agreement,2.
16 Interlocal Agreement,4.
Interlocal Agreement, 5.
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Introduction
comprehensive planning by the County and municipalities. This is particularly true because the
Countywide PlanningPolicies applyto the County and all municipalities,both large and small,both
adjacent to other urban areas and remote from other urban areas,each with somewhat different
characteristics.
made with respect to each element. Thus, for example, for the Fiscal Impact Policy, elements
I.
is there a definedthreshold?
How will the results of the Fiscal Impact Analysis be used?
r.-
nn n _n
from Step 1 were very encouraging. Each policy area was, however, still being viewed
independently.
developed a r,et of conceptual Alternative Development Scenarios. These included: Trend
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Introduction
with the Growth Management Act and the regional VISION 2020 Plan, and the degree of
delineation of Urban-Growth-Mew
f - 11 • -
tim nd pha ofg owth;
public facility and service adequacy;
service;
I - I, -
Countywide Planning Policies are written policy statements used solely for establishing a
countywide frameworkfrom which county and municipal comprehensive plans are developed and
adopted. The framework is intended to ensure that municipal and County comprehensive plans are
consistent.18 While the Growth Management Act does not specify the legal effect of adoption of the
Countywide PlanningPolicies, it clearly acknowledges their importance by providing that failure to
adopt Countywide PlanningPolicies meeting the requirements mayresultin the imposition of
sanctions19 including, but not limited to the withholding of state revenues and rescinding the County
18 RCW 36.70A.210(1).
19 RCW 36.70A.210(5).
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Introduction
or municipality's authority to collect the real estate excise tax.20 Cities and the Governor may
appeal adopted Countywide PlanningPolicies to the appropriate Growth Planning Hearings Board
within sixty(60)days of the adoption of the policy.21 After the60-dayperiod,Countywide
Planning Policies cannot be directly challenged.
However,tThe effectiveness of the Countywide PlanningPolicies is not based merely on the fact
that they are adopted, but rather on the fact that they must be adhered to and implemented inthe
County and municipality comprehensive plans and development regulations. The legislation
provides a process to challenge the failure of a County or municipality to comply with the
Countywide PlanningPolicies through petition to the Growth Planing ManagementHearings
Board.22 The Growth Planning Management Hearings Board shall hear and determine only those
petitions alleging either: (a)that the State,countyor municipality is not in compliance with the
Growth Management Act;or(b)that the 20-year growth management planning population
projections adopted by the State Office of Financial Management should be adjusted.23 Petitions
must be filed within sixty(60)days after publication of the ordinance adopting the comprehensive
plan or development regulations.
24 Comprehensive plans and developmentregulations and
amendments thereto are presumed valid upon adoption 25
The Pierce County Countywide Planning Policies(CPPs)must be consistent with the PugetSound
Regional Council's(PSRC) Multicounty Planning Policies(MPPs). The most recent set of these is
set forth in PSRC's VISION 2040, which specifically requiresthat the Pierce County Countywide
Planning Policies be updated, where necessary, byDecember 31, 2010, to address the MPPs in
VISION 2040. The Countywide Planning Policies should also be updated to addresschanges in the
Growth Management Act language and interpretation that have taken place since the original
adoption of the Countywide PlanningPolicies in 1995. The 2009 update to those provisions of th e
Washington Administrative Code that provide guidance for implementation of the Growth
Management Act should be of assistance in identifying Growth Management Act changesand
requirements. It should also be noted that Federal agencies and Indian tribesmay participate in and
cooperate with the countywide planning policy adoption process and that adopted countywide
planning policies must be adhered to by state agencies. RCW 36.70A.210(4)
20 RCW 36.70A.340(2)and (3).
21 RCW 36.70A.210(6).
22 RCW 36.70A.250.
23 RCW 36.70A.280(1).
24 RCW 36.70A.290(2).
25 RCW 36.70A.320.
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Introduction
VISION 2040
VISION 2040 is the long-range growth management,environmental,economic,and transportation
strategy for the central Puget Sound region adopted in April 2008by the PSRCGeneral Assembly.
VISION 2040 promotes an environmentally friendly growth pattern that will contain the expansion
of urban growth areas,conserve farm and forest lands, support compact communities where people
nay both live and work,and envisions that a significant share of new employment and housing will
occur in vibrant urban centers. VISION 2040 promotes the theme of"people,prosperity,planet"as
a sustainability framework.
TheRegional Growth Strategy set forth in VISION 2040 providesspecific guidance for the -
distribution of futurepopulation and employmentgrowth through the year 2040 into types of places
defined as"regional geographies." The Regional Growth Strategy reflects a substantial shift in
future growth patterns for many jurisdictions and implementation will be challenging. Jurisdictions
in some regional geographies will likely be planning for targets that are above or below the
policy direction set by the Regional Growth Strategy because they are on a front-or back-loaded
growth trajectory toward 2040. In other regional geographies, recent growth has been atsuch
significant odds with the policy direction set by the Regional Growth Strategy(such as recent
growth in unincorporated urban Pierce County from 2000 to2007 has already accounted for
more than half of the 40-year growth allocation), that the 2040goal will likely not be met. In
such
cases,jurisdictions are asked to set growth targets as close to VISION 2040 as reasonably
in an effort to"bend the trend"of future growth to more closelyconform to the
Regional Growth Strategy,'
Multicounty Planning Policies(MPPs)
VISION 2040 includes a set of multicounty planning policies that provide an integrated framework
for addressing land use,economicdevelopment,transportation, publicfacilities, and environmental
issues. Multicounty planning policies are adopted by two or more counties and establish a common
regionwide framework that ensures consistencyamong county and city comprehensive plans
adopted pursuant to RCW 36.70A.070,and countywide planning policies adopted pursuantto RCW
36.70A.210.
Multicounty planning policies provide a framework for regional plans developed within a - -
multicounty region, including regionaltransportation plans establishedunder RCW 47.80.023,as
well as plans of cities, counties,and others that have common borders or related regional issues as
required under RCW 36.70A.100. The regional transportation planning organization,pursuant to
RCW 47.80.020, should be the agency to develop,adopt, and administer multicountyplanning
policies.
Multicounty planning policies address,at a minimum,the same topics identified for countywide
planning as identified in RCW 36.70A.210(3),except for those responsibilities assigned exclusively
to counties.
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Introduction
In order to provide an on-going region-wide framework,a schedule for reviewing and revising the
multicounty planning policies may be established. This schedule should relate to the review and
revision deadlines for county and city comprehensive planspursuant to 36.70A.130.
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Rules of Interpretation
H. RULES OF INTERPRETATION
1. Words and terms used in the Countywide PlanningPolicies shall be defined as set forth in
the Policies and in the Growth Management Act to the extent defined therein. To the
extent not defined therein,words and terms shall be given their plain and ordinary
meanings, -
2. Theterm "shall" is intended to be mandatory;the terms "may"and should are d este'',
advisory only While the terms"shall and will"is are mandatory, it should'Shall be
understood and implied that the policy statement in which it-is they are used is applicable to
a municipality and/or the County only when,throughobjectivedetermination,the
circumstances on which the Policy is premised are relevant.
only, if through objective determination, the circumstances upon which the Policy is
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Preamble to Countywide Planning Policies
M. COUNTYWIDEPLANNING POLICIES(CPPs)
PREAMBLETO COUNTYWIDE PLANNING POLICIES
Countywide Planning Policies are written policy statements which are to be used solely for
establishing a Countywideframeworkfrom which the County and municipal comprehensive plans
are developed and adopted. The framework is intended to ensure that the County and municipal
comprehensive plans are consistent, as required by the Washington statutes.
RCW 43.17.250 Countywide Planning Policy Incentives requires State agencies that provide
funding to review local proposals for consistency with any adopted countywideplanning
policies. State agencies will review local proposals to determine if they are addressed by a
Countywide Planning Policy and accord additional preference to the County, city, or town if
such Countywide Planning Policy exists. The County, and many of the municipalities within the
County, typically address specific proposals within their local comprehensive plans and capital
facilities plans. These locally adopted plans serve to supplement and refine the more generalized
policies contained within the Countywide PlanningPolicies. Therefore, this document, as well
as any locally adopted comprehensive plan and/or capital facilities plan, shall be considered by
State agenciesin making determinations under RCW 43.17.250.
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Affordable Housing
COUNTYWIDEPLANNING POLICY ON THE "NEED
FOR AFFORDABLE HOUSING FOR ALL ECONOMIC SEGMENTS
OF THE POPULATION AND PARAMETERS FOR ITS DISTRIBUTION"
Background-Requirement of Growth Management Act
The Washington State Growth Management Act mandates identifies as a planning goal to guidc the
thatcounties and
cities encourage the availability of affordable housing to all economic segments of the population,
promote a variety of residential densities and housingtypes,and encourage preservation of the
existing housing stock. [RCW 36.70A.020(4)] The term "affordable housing" is not defined,but
the context in which it appearssuggests that its meaning was intended to be broadly construed to
refer tohousing of varying costs,sincethe reference is to all economic segments of the community.
The Washington State Growth Management Act requires the adoption of countywide planning
policies for affordable housinginorder to establish a consistent county-wide framework from which
county and city comprehensive plans are developed and adopted. These policies are required to,at
a minimum,"consider the need for affordable housing, such as housing for all economic segments
of the population and parameters for its distribution" [RCW 36.70A.210(3)(e)].
TheWashington State Growth Management Act also identifies mandatory and optional plan
elements. [RCW 36.70A.070 and .080]. A Housing Element is a mandatory plan element that
must,at a minimum, include the following [RCW 36.70A.070(2)]:
a) an inventory and analysis of existing and projectedhousing needs that identifies the number
of housing units necessary to manage projected growth;
b) a statement of goals,policies and objectives,and mandatory provisions for the preservation,
improvement and development of housing, including single-family residences;
c) identification of sufficient land for housing, including,but not limited to,government-
assisted housing,housing for low income families, manufacturedhousing,multi-family
housing,group homes,and foster care facilities;
d) adequate provisions for existing and projected housing needs of all economic segments of
the community.
Since the Comprehensive Plan of every city and county must be an internally consistentdocument
RCW 36.70A.070]and all plan elements must be consistent with the future land use map prepared
as part of the required land use element[RCW 36.70A.070],these other plan elements will,to a
great extent,dictate what will be in the housing element.
Thus,the land use element,relying upon estimates of futurepopulation,growth,average numbers of
persons per household,and land use densities,will indicate how much(and where)land needs to be
made available toaccommodate the identified housing needs. Thecapital facilities,transportation
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Affordable Housing
and utilities elements will then indicatewhen and how publicfacilities will be provided to
accommodatethe projectedhousing,by type,density and location.
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040recognizesthat to meetthe demands of a growing and changing population in the
central PugetSound, the region needs to develop vibrant communities that offer a diverse and
well-distributed mix of homes affordable to both owners and renters in every demographic and
income group. VISION 2040 encourages housing production that will meet our needs and places
a major emphasis providing residences that are safe and healthy, attractive, and closeto jobs,
shopping, and otheramenities. The Multicounty PlanningPolicies address I) housing diversity
and affordability, 2)jobs-housing balance, and 3) best practices for home construction. These
Multicounty PlanningPolicies place an emphasis on preserving and expanding housing
affordability, incorporating quality and environmentally responsible design in homebuilding, and
offering healthy and safe home choices for all the region's residents.
Countywide Planning Policy
AH-1. The County,and each municipality in the County, shall determine the extent of the
need for housing for all economic segments of the population,both existing and
projected for its jurisdiction over the planning period.
AH-2. The County,and each municipality in the County,should explore and identify
opportunities to reutilize and redevelop existing parcels where rehabilitation of the
buildings is not cost-effective,provided the same is consistent with the countywide
policy on historic,archaeological, and cultural preservation.
AH-3. The County, andeach municipality in the County, shall encourage the availability of
housing affordable to all economic segments of the population for each jurisdiction.
3.1 For the purpose of the Pierce County Countywide PlanningPolicies the
following definitions shall apply:
3.1.1 "Affordable housing"shall mean the housing affordable to households
earning up to 80 percent of the countywide medianincome.
3.1.2 "Low income households"shall mean households earning 80 percent or
less of the countywide median income.
3.1.3 "Moderate income households"shall mean households earning 80 to
120 percent of the countywide median income.
3.1.4 "SpecialNeeds Housing"shall mean supportive housing opportunities
for populations with specialized requirements, such as the physically
and mentally disabled,the elderly, people with medical conditions,the
homeless, victims of domestic violence, foster youth, refugees, and
others.
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Affordable Housing
3.2 Affordable housing needs not typically met by the private housing market should
beaddressed through a morecoordinated countywide approach/strategy.
3.2.1 Each jurisdiction may adopt plans and policies for meetingits
affordable and moderate income housing needs in a manner thatreflects
its unique demographic characteristics, comprehensive plan vision and
policies, development and infrastructure capacity, location and
proximity to job centers, local workforce, and access to transportation.
3.3 It shall be the goal of each jurisdiction in Pierce County that a minimum of 25%
of the growth populationallocation is satisfied through affordable housing.
3.3.1 Jurisdictions with designated regional centers should consider
incorporating affordable housing allocations as part of their adopted
allocations for these centers.
3.4 Each jurisdiction should provide a sufficient supply of special needs housing
opportunities that is equitably and rationally distributed throughout the
County.
AH-4. The County andeach municipality in the County should establish a countywide
programby an organization capable of long-term consistent coordination of regional
housing planning,design,development,funding,and housing management. All
jurisdictions should be represented in directing the work program and priorities of the
organization.
AH-5. Jurisdictions shouldplan to meet their affordable and moderate-income housing
needs goal by utilizing a range of strategies that will result in the preservation of
existing, and production of new, affordable and moderate-incomehousing that is
safe and healthy.
5.1 Techniques topreserve existing affordable and moderate-income housing
stock may includerepair, maintenance, and/or rehabilitation and
redevelopment in order toextend the useful life of existingaffordable housing
units.
5.1.1 Jurisdictions should seek and secure state funds such as the Housing
Trust Fund, and federal subsidy funds such as Community
Development Block Grant, HOME Investment Partnership, and other
sources toimplement housingpreservationprograms.
5.2 Jurisdictions should promote the use of reasonable measuresand innovative
techniques(e.g., clustering, accessory dwelling units, cottage housing, small
lots,planned urban developments,and mixed use)to stimulate new higher-
density affordable and moderate-income housing stock on residentially-zoned
vacant and underutilized parcels.
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Affordable Housing
5.3 To promote affordable housing and ensure access to services and jobs,
jurisdictions should consider the availability and proximity of public
transportation, governmental and commercial services necessary to support
residents' needs.
5.4 Jurisdictions should consider providing incentives to developers and builders of
affordable housing for moderate-and low-income households, such as but not
limited to:
5.4.1 A menu of alternative development regulations(e.g. higher density,
reduced lot width/areaand reduced parking stalls) in exchange for
housing that is ensured to be affordable.
5.4.2 Atoolkit of financial incentives(e.g., permit and fee waiversor multi-
family tax exemptions)and grant writing assistance,through the
regional housing organization, that may be dependent on the amount of
affordable housing proposed.
5.4.3 A toolkit of technical assistance(e.g., mapping, expedited processing
and permit approval)toaffordable housing developers thatmay be
dependent on the amount of affordable housing proposed.
5.5 Jurisdictions should consider inclusionary zoning measures as a condition of
major rezones and development.
5.5.1 New fully contained communities in unincorporated Pierce County
shall contain a mix of dwelling unitsto provide for the affordable and
moderate-income housing needs that will be created as a result of the
development, as well as helping to accommodate a share of the
county's overallaffordable housing need as expressed in policy 3.3.
A1-1-6. The County,and each municipality in the County,should cooperatively maximize
available local, state,and federal funding opportunities and private resources in the
development of affordable housing for households.
6.1 All jurisdictions should jointly explore opportunities to develop a countywide
funding mechanism and the potential for both voter approved measures(bond
or levy), and nonvoter approved sources of revenue to support the
development of affordable housing.
6.2 All jurisdictions should pursue state legislative changes to give local
jurisdictions the authority to provide tax relief to developers of affordable
housing.
6.3 All jurisdictions should explore opportunities todedicate revenues from sales
of publicly owned properties, including tax title sales,to affordable housing
projects.
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Affordable Housing
6.4 All jurisdictions should explore the feasibility of additional resources to
facilitate the development of affordable housing such as a new countywide
organization (based on inter-local agreements), expansion of existing non-
profit partnerships, increased coordination with local public housing
authorities, a county-wide land trust, as well as future involvement of larger
County employers, in the provision of housing assistance for their workers.
AH-7. The County,and each municipality in the County, should explore and identify
opportunities to reduce land costs for non-profit and for-profit developers tobuild
affordable housing.
7.1 Jurisdictions should explore options to dedicate or make available below market-
rate surplus land for affordable housingprojects.
7.2 All jurisdictions should explore and identify opportunities to assemble,
reutilize, and redevelop existing parcels.
7.3 All jurisdictions should review and streamline development standards and
regulations toadvance their public benefit,provide flexibility, and minimize
coststo housing.
AH-8. The County,andeach municipality in the County, shall periodically monitor and assess
their success in meeting the housing needs to accommodate their 20-year population
allocation.
8.1 Jurisdictions should utilize the available dataandanalyses provided by
federal, state, and local sources to monitortheir progress inmeeting housing
demand as part of the required Growth Management Act comprehensive plan
update process.
8.2 Countywide housing allocations shall be periodically monitored and evaluated
todetermine if countywide needsare being adequately met; the evaluation
should identify all regulatory,programmatic, and financial measures taken to
address the allocation need.
8.3 Each jurisdiction should provide, if available, the quantity of affordable
housing units created, preserved, orrehabilitated sincethe previousrequired
update.
8.4 Jurisdictions should consider using a consistent reporting template for their
evaluations to facilitate the countywide monitoring and assessment.
8.5 In conjunction with the Growth Management Act Update schedule,a report
should be forwarded from GMCC to the Pierce County Regional Council
PrCRC)addressing the progress in developing new affordable housing.
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Agricultural Lands
COUNTYWIDEPLANNING POLICY ON
AGRICULTURAL LANDS
Background-Requirements of Growth Management Act
TheWashington State Growth Management Act identifies themaintenance and enhancement of
natural resource-based industries, including productive agricultural industries,and the conservation
of productive agricultural lands as planning goals to guide the development and adoption of
comprehensive plans and development regulations. [RCW 36.70A.020(8)]. While the expression of
planning goals in the Growth Management Act is linked to "natural resource industries," including
productive timber and fisheries,a separate policy for Agricultural Lands has been proposed
developed because of their uniqueimportance in Pierce County and their relationship to urban
growth area boundaries and policies. Although the Growth Management Act does not expressly
require a countywide planning policy on agricultural lands,the requirement was added by the
Interlocal Agreement: Framework Agreement for the Adoption of the Countywide Planning Policy
Pierce CountyCouncil Resolution No.R91-172, September 24, 1991).
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 recognizes that the agricultural land in the central Puget Sound region is among
the most productive in Washington State. It also recognized that the loss of these lands, along
with their productivity, has impacts on the environment, including air and water quality and
quantity, our economy, and ultimately the health of the region's people.
VISION 2040 also identifies threats to the region's agricultural lands, including urban
development, incompatible adjacent land uses, and the loss of supporting services. VISION
2040 seeks to permanently protect these key agricultural resource lands. The Multicounty
PlanningPolicies calls for conserving the region's natural resourcelands, establishing best
managementpractices that protect the long-term integrity and productivity of these lands,
limiting the conversion of these lands, and ensuringthat development does not adversely impact
theselands.
Countywide Planning Policy
Ag-1. The County, andeach municipality choosingto designate agricultural lands of long
termcommercialsignificance in the County, shall do so using the methodology and
criteria stated in WAC 365-190-050. Cities are encouraged tocoordinate their
agricultural resource lands designations with the County and adjacent jurisdictions and
are encouragedto adopt the same criteria. :- •- . • . •. . . -: . . --•-•-- .--, --
Designation shall be based
on the following factors:
1.1 The land is not alreadycharacterized by urban growth. the definition in DCW
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Agricultural Lands
e
the excise tax imposed by RCW 81.33.041 through 81.33.140,or livestock,and
1.2 ;The land is used or capable of being used for agricultural production.
11.2.1 Lands that are currently used for agricultural production and that are
capable of being used must be evaluated for designation, including lands
receiving"use value assessments".
1.2.2 The U.S.Department of Agriculture Natural Resource Conservation
Service land use capability soils classification system based on the
growing capacity,productivity,and composition shall be assessed.
1.3 The long-term commercialsignificance for agriculture shall be determined by
considering: . . . -- . - .
l.3.1 The classification of prime and unique farmland soils;
1.3.2 The types of agriculture that exist in the area a nd their interactivity and
contribution to the regional economy; _
1.3.3 The availability of water for agriculture;
1.3.4 The availability of public facilities, including roads used for transporting
agricultural products;
1.3.5 Tax status, including current use taxation,optionalbenefit rating system,
and the transfer or purchase of developmentrights;
1.3.6 The availability of public services;
1.3.7 The relationship and proximity to urban growth areas,markets and
suppliers;
1.3.8 Predominant parcel sizes;
11.3.9 Land use settlement patterns and their compatibilitywith agricultural
Practices;
11.3.10 Intensity of nearby land uses;
1.3.11 History of land development permits issued nearby, and the extentthat
permits issued within five hundred feet of designated resource lands have
included a notice of potential incompatibility of residential development
with activities associated with resource land uses per RCW 36.70A.060
1)(b);and
IL1.3.12 Land valuesunder alternative uses.
1.4 When designating agricultural resource lands,the County and cities should
considerfood security issues,including providing food supplies for food banks,'
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Agricultural Lands
schools and institutions,vocational training opportunities and preserving
heritage or artisanal foods.
1.5 Designation of at least a minimum amount of agricultural land county-wide
necessary to maintaineconomic viability for the agricultural industry, and retain
businesses supporting agriculture such as processors, suppliers,and equipment
dealers should be considered.
1.6 Agricultural lands of local significance should be designated through
consultation with the public and stakeholders such as, local conservation
districts, and organizations promoting farming and local agricultural producers.
These lands may include designated critical areas such as bogs used to grow
cranberries or farmed wetlands.
Ag-2. The purposes of agricultural preservation are:
2.1 ensuringthat agricultural lands are treated sensitively to their location and the
presence of urban growth pressures;
2.2 preventing urban sprawl;
2.3 maintaining open space and/or providing a visual green belt;
2.4 retaining natural systems and natural processes;
2.5 preserving the local economic base;
2.6 preserving a rural lifestyle character;
2.7 maintaining specialty crops;
2.8 maintaining regional, state and national agricultural reserves:;
2.9 enhancing the local food system through the production of fresh and
processed foods.
Ag-3. The County,andeach municipality in the County, shallachieve agricultural
preservation through:
3.1 implementingagricultural area zoning thatmaintains maintaining large
minimumlot sizes in agricultural areas, prohibition of conversionto non-farm
1ises and urban scale development, and flexible approaches such as clustering;
3.2 buffering agricultural areas from urban development;
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Agricultural Lands
3.3 avoiding location of major new roads or
capacity expansionsin agricultural areas unless management is controlled to
inhibit intrusion of non-farming uses;
3.4 purchase of development rights;
3.5 transfer of development rights within the jurisdiction, including the designation
of receiving zones for agricultural development rights and between jurisdictions,
including the designation of receiving zones by local agreement;
3.6 lease of development rights for a term of years;
3.7 "anti-nuisance" laws to protect agriculturalactivities from being defined as a
public nuisance;
3.8 preferential tax treatment("use value assessment");
3.9 other innovative techniques including,butnot limited to,purchase-leaseback
through issuance of bonds, university purchase for research,and prevention of
the formation of improvement districts or the creation of benefit assessments
within designated agricultural preservation areas.;
110 reduced fee structure for agricultural related permitting.
Ag-4. The County,and each municipality in the County'that chooses to designate agricultural
lands, shall address the effect of practices on non-point source pollution and
groundwater impacts including the use of"best managementpractices"to reduce
pesticides and fertilizers, and minimize risk to human health and the environment.;
Ag-5. The County,andeach municipality in the County that chooses to designate agricultural
lands shall work to: , . ••• - .. - - - - • • • • • • - • - •-
5.1 protect agricultural areas from encroachment by incompatible uses;
5.2 encourage related development such as farmers markets and roadside stands;
5.3 protectsmaller-sized agricultural parcels which are not individually viable for
agricultural production but,which are within a large area of more viable parcels
should be considered for designation;and
5.4 to provide agricultural surface water drainage and avoid draining of water from
high densityresidential areas to agricultural lands.
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Agricultural Lands
6.The County,and each municipality in the County, shallextend the agriculturalpolicies
7Ag-6. The County,andeach municipality in the County, shall address the conversion of
agricultural land from agricultural to non-agricultural use by:
7-6.1 establishing criteria for zoning changes and comprehensiveplan amendments;
7-6.2 establishinglegal and financial mechanisms so that property ownersrealize
economic value that would have accrued from conversion,but landremains in
agricultural use if within Urban Growth Areas.
purposes)
s.
0Ag-7.The County, and each municipality in the County phoosing to designate agricultural
lands, shall ensure that primeagricultural lands presentlyin the unincorporated County
or within a municipality are preserved and protected by theenactment of appropriate
land use controls;or by including the land intheurban growth area boundary of a
municipalityonly if the municipality has delineated standardsand criteria relating to
preserving the agricultural lands, and transfer and purchase of development right
programs.
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RES.E
Agrictdtural Lands
14Ag-8.The County,and each municipality in the County choosing to designate agricultural
lands,shall coordinate agricultural land preservation policies with other Countywide
Planning Policiesthrough:
X8.1 correlating agricultural land preservation policies with urban growth area
policies and with public facility and service provision policies to avoid the
extension of urban services to areas intended for continued agricultural use;
138.2 ensuring that public facility and serviceextension,even if not directly serving
the agricultural lands,do not stimulate the conversion of agricultural land or
make its preservation and protection more difficult:and
448.3 joint jurisdictional planning of agricultural land.
Ag-9. Encourage the siting and support the continuedoperation of community gardens.
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RES.E
Amendments andTransition
COUNTYWIDE PLANNING POLICY ON AMENDMENTS
AND TRANSITION
Background-Requirements of Growth Management Act
The Washington State Growth Management Act contemplates that the Countywide Planning
Policies will remain effectivethroughout the comprehensiveplan preparation,adoption and
implementation processes to ensure that municipal and county comprehensive plans are consistent,
as required by the Act[RCW 36.70A.210(1)]. Because the factors,data and analysis upon which
the Countywide PlanningPolicies have been formulated are subject to change, it is important that a
process be established toeffectuate such changes,whenappropriate and needed.
The Washington State Growth Management Act requiresthat each County which adopts a
comprehensive plan designate an urban growth area or areas within which urban growth shall be
encouraged and outside of whichgrowth can occur only if it is not urban in nature [RCW
36.70A.110(1)]. As discussed above,the factors,data and analysis upon which the UGA
designations are initially made are similarly subject to change.
Countywide Planning Policy
AT-1. Countywide Planning Policies adopted pursuant to the Growth Management Act may
be amended by Pierce County and ratified by the municipalities in the County traing-the
September 21, 1991).
1.1 Ratification of amendments to the Countywide PlanningPolicies requires the
affirmative vote of 60%of the affected governments in the County representing
a minimum of 75%of the total Pierce County population as designated by the
State Office of Financial Management at the time of the proposed ratification.
1.2 Demonstration of ratification shall be by execution of an interlocal agreement or
the absence of a
legislative actiontodisapprove a proposed amendment.
1.2.1 A jurisdiction shall be deemed as casting an affirmative vote if it has not
taken legislative action to disapprove a proposed amendment within 180
days from thedate the Pierce County Council formally authorizes the
Pierce CountyExecutive to enter into an interlocal agreement.
1.3 An amendmentto the Countywide Planning Policies or to any individual policy
all hereinafter referred to as proposedamendments)may be initiatedby the
County or any municipality in the County or by the Pierce County Regional
Council. The proposed amendment shall include the following:
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Amendments and Transition
1.2.1 theexact language of the proposed amendment(shown in "strike out" for
deletions and "fin highlight"for additions);
1.2.2a brief explanation of the need for the proposed amendment, including the
factors,data or analyses that have changed since the original adoption of
the Countywide PlanningPolicies and/or the experiences with the existing
Countywide Planning Policies that have prompted the proposed
amendment.
1.3 A proposed amendmentto the Countywide PlanningPolicies shall be initially
referred to the Pierce County Regional Council(PCRC)for analysis and
recommendation.
AT-2. Urban Growth Area boundaries designated by the County pursuant to the Growth
Management Act may be amended by Pierce County and accepted by the
municipalities in the County pursuantto the same process by which the Urban Growth
Areaswere originally adopted and pursuant to subpolicies UGA-1.and UGA-2.of the
Countywide Planning Policy on Urban Growth Areas,Promotion of Contiguous and
Orderly Development and Provision of Urban Services to Such Development."
2.1 An amendment to Urban Growth Area boundaries may be initiatedby the
County or any municipality in the County.
2.2 A proposed amendment to Urban Growth Area boundaries shall include:
2.2.1 a map indicating the existing urban growth area boundary and the
proposed boundary modification;
2.2.2a statement indicating how,and the extent towhich,the proposed
boundary modification complies with each of the factors listed in
subpolicies 2.2,2.4,2.5 and2.6 of the Countywide Planning Policy on
Urban Growth Areas,Promotion of Contiguous and Orderly
Development and Provision of Urban Services to Such Development.
2.2.3a statement indicating the factors,data or analyses that have changed
since the designation of the initial Urban Growth Area boundaries and/or
the experience with the existing Urban Growth Area boundaries that have
prompted theproposed amendment.
2.3 The urban growth area of a jurisdiction may be expanded only if:
2.3.1, the jurisdiction's observed development densities are consistent with the
planned density assumptions as documented in the most recently
published Buildable Lands Report as required by RCW 36.70A.215;
2.3.2 there is a demonstrated need for additional residential or employment
capacity within the urban growth area affiliated with an individual
jurisdiction and a demonstrated need county-wide;or the expansion
results in a nonet gain to the countywide UGA.
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Amendments and Transition
2.3. 3 If the consistency evaluation,as requiredthrough the Countywide
PlanningPolicies on Buildable Lands,policies 3L-3.and BL-4.,
identifies an inconsistency between the observed and planned densities,
the jurisdiction shall either:
1) demonstrate reasonable measures were adopted to rectify the
inconsistencies. Documentation shall also be submitted that
summarizes the monitoring results of the effectiveness of the
measures in rectifying density inconsistencies,or
2) document updated development data that indicates
consistency.
2.4 To ensure the orderly development of urban lands, predictability in the provision
of urban services, and the eventual annexation of urban growth areas,Pierce
County may incorporate criteria into its comprehensive plan policies for
evaluating amendments proposing to removeproperties from theurban growth
area. The criteria should, at a minimum, include the existing development
pattern and density,vested development applications,and infrastructure and
service needs to accommodate the existing and future residents. In general,any
lands proposed to be removed from the urban growth area shall be rural in
character and not require any urban level infrastructure or service needs.
2.45 A proposed amendment to the Urban Growth Area boundariesshall be referred
to the Pierce County Regional Council(PCRC)for its review and
recommendation.
AT-3. The Pierce County Regional Council(PCRC)shall havethe following responsibilities
in addition to those alreadyspecified in the Interlocal Agreement: Framework
Agreement for the Adoption of the Countywide Planning Policy(Pierce County
Council Resolution No.R91-172,dated September24, 1991):
3.31 development of model, uniform implementation methodologies for the County,
and all cities in the County,to beused at their discretion;
3.42 assistance in resolution of interjurisdictional disputes;
3.63 input to joint planning issues in Urban Growth Areas;
3.64 input with respect to Countywide facilities;
3.75 advice and consultation on phased development,short plats,vested rights and
related issues;
3.56 coordination of these responsibilities with the Puget Sound Regional Council;
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Amendments and Transition
3.97 making a recommendation onthe respective location of municipal and the
County Urban GrowthArea boundaries consistent with these policies;
3.444,8 making a recommendation with regard to dissolution of the BoundaryReview
Board;
3.4-19 monitoring development in the County, including population and employment
growth and its effect on the developmentcapacity within urban growth areas;
3A-210 advice and consultation on population disaggregation.
3.11 The Pierce County council shall be the responsible body for adopting housing
and employment targets for Pierce County jurisdictions, subject to appeal to the
Growth Management Hearings Board. The adopted targets shall be attached to
the CPP publications as Appendix A for ease of reference. Appendix A shall be
updated to reflect futureCounty Council action. Appendix A shall not be
considered a component of the CPPs and,accordingly,an update to Appendix A
shall not constitute an amendment to the CPPs requiring ratification by Pierce
County jurisdictions.
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RES.E
Buildable Lands
COUNTYWIDE PLANNING POLICY ON
BUILDABLE LANDS
Background Requirements of RCW 36.70A.215
RCW 36.70A.215 requires six counties, including Pierce County, toevaluate whether a county
and its municipalities are achieving urban densities within urban growth areas. To do this, the
counties and municipalities are to compare growth and development assumptions,targets, and
objectives contained in the Countywide PlanningPolicies and the County and city and town
comprehensive plans with actual growth and development that has occurred. At a minimum, the
evaluation is to determine if there is sufficient suitable land to accommodate the countywide
population projection and determine the density of housing that has been constructed and amount
of land developed for commercial and industrial uses within the urban growth area_ Detailed
procedures, standards, and definitions for implementing this policy and complying with RCW
36.70A.215 are found in the current report titled Pierce County Buildable Lands, Procedures for
Collectingand Monitoring Data, hereinafter referred to as the Procedures Report.
CountywidePlanning Policy
BL-1. Pierce County in cooperation with Pierce County cities and towns shall establish a
pierceCounty Buildable Lands Program to provide a Countywide monitoring and
analysis mechanism to meet the requirements of 36.70.A.215 Buildable Lands.
1.1 TheProgram shall be coordinated through Pierce County Planning and Land
Services.
1.2 The focus of the Buildable Lands Program shall bean analysis of annual
development data as related to locally adopted comprehensive plangoals and
policies, the calculation of residential and employment land capacity as
compared to the 20-year need, and identification of actions to rectify
inconsistencies.
1.3 The primary product of the Buildable Lands Program shall be the publication
of a Buildable LandsReport every five years, the first being bySeptember 1,
2002.
BL-1-2. Each municipality within Pierce County shall provide information on land
development activities to the County and assist in an inventory of buildable lands.
The County and municipalities shall follow the guidelines specified inthe
Procedures Report for the collection,monitoring, and analysis of development
activity and potential residential/employment capacity.
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Buildable Lands
2.1 Municipalities are encouraged to submit theannual development data by June
l of each year.
2 Pierce County shall summarize the submitted annual development data by
zoningclassification for each jurisdiction.
2.3 Prior to the publication of submitted annual development data, representatives
from each municipality shall have an opportunity to review and suggest
modifications to summarized development data.
BL-3. Each municipality within Pierce County shall assist the County in conducting an
inventory of buildable lands. The County and municipalities shall follow the
guidelines specified in the ProceduresReport for the collection, monitoring, and
analysis of development activity and potential residential/employment capacity.
3.1 Pierce County shall confer with each municipality to identify the appropriate
criteria for each of its zoning classifications to identify buildable lands: vacant
subdividable, vacant- not subdividable, underdeveloped residential and
redevelopable lands.
3.2 County shall forward the preliminary results of the buildable lands
inventory to representatives of each municipality for local review and
modification.
BL-4. Pierce County, in consultation with its municipalities, shall conduct an analysis of
inventoried buildable lands toevaluate the County's ability to accommodate its20-
year population and employment land needs.
B L-25. Pierce County, in cooperation with the municipalities, shall prepare a Buildable
LandsCapacity Report every five years,with the first report completed by
September 2002. The report will detail growth, development, and the ability to
accommodate future population and employment land needs.
5.1 The Buildable Lands Report shall include a summary of development activity
byzoning classification and detail assumptions incorporated in the residential
and employment capacity analysis for each jurisdiction.
5.2 Prior to the publication of a draft report, representatives from each
municipality shall have an opportunity to review and suggest modifications to
information associated with their jurisdiction.
BL-36. Pierce County, incooperation with the municipalities, shall conduct a consistency
evaluation between the pierce County Countywide Planning Policies,comprehensive
plan goals and actual densities of built-out projects within the five-year observation
period for Pierce County and the municipalities withinit The-evaluetien-may-be
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Buildable Lands
6.1 The results of the consistency evaluation shall be reported in a separate report.
6.2 The consistency evaluation should be completed within one year of the
publication of the latest Buildable Lands Report.
6.3 Pierce County shall be the responsible agency for conducting the evaluation.
6.4 Theconsistency evaluation shall address if theobserved density resultedin a
jurisdiction achieving at least the average net density of 4 dwelling unit per
acre as stipulated in Urban Growth Areas, Promotion of Contiguous and
Orderly Development and Provision Of Urban Servicesto Such Development
policy 6.1 of these Countywide Planning Policies.
6.5 Theconsistency evaluation shall address if the observed density within a
jurisdiction was consistent with the density assumption incorporated within
the residential capacity analysis.
6.6 Theconsistency evaluation shall compare the housing needs associated with
the allocated population with the housing unit capacitycalculated through the
residential capacity analysis.
6.7 Theconsistency evaluation shall compare the land needs associated with the
employment targets with the employment capacity calculated through the
employment capacity analysis.
6.8 Theconsistency evaluation report shall be forwarded to therespective
jurisdictionsfor review and comment.
BL-47. The County and municipalities shall use the results of the consistency evaluation to
determine .- . inconsistencies between
observed and planneddensities andensure suitable land to accommodate future
population and employment needs. In addressing the inconsistencies, the County
and municipalities shall identify reasonable measures, other than adjusting urban
growth areas,that may be taken to comply with the requirements of RCW
36.70A.215. Each respective jurisdiction shall be responsible for taking action as
necessary to rectify the inconsistency as determined bythat jurisdiction.
BL-4S. The County and each municipality shallresolve disputes between and among
jurisdictions regarding inconsistencies in the collection and analysis of land
development activities and residential and employment capacity analysis findings by
first attempting to reach an agreement throughnegotiation or through a designated
mediation process agreeable toall parties. In case of an impasse,the matter shall be
referred to thePierce County Regional Council for review and resolution.
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Buildable Lands
BL-9. The County should establish an opportunity for stakeholders to be informed and
provide feedback on the various aspects of the Buildable Lands Program.
9.1 An ad hoc committee should be re-established every five years to review
appropriatedevelopment information, assumptions, and methodology
applied to calculate the residential and employment capacity analysis.
BL-10. Pierce County and its cities and towns are notobligated to fulfill the countywide
planning policies for the Buildable LandsProgram if GMA is amended with
provisions suspending the requirements of RCW 36.70A.215.
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RES.E
Community and Urban Design
NEW CHAPTER
COUNTYWIDEPLANNING POLICY
ON COMMUNITY AND URBAN DESIGN
Background-Growth Management Act
The Washington State Growth Management Act identifies as a planning goal to encourage
development in urban areas and to reduce the inappropriate conversion of undeveloped land into
sprawling, low-densitydevelopment. To encourage this type of urban development that has
increased density,and is compact and serviced by multiple transportation alternatives, it requires
close attentionto the urban design,community context and character, in orderto function
effectively and consistent with the vision of an individual community. The Growth Management
Act does not expressly require that the County adopt a planning policy on urban design;however,
VISION 2040 and the Multicounty Planning Policies provide goals and policies related toregional
design and urban design.
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 called for identifying and protecting significant visual and cultural resources that
preserve community character. It calls for designing facilities throughout the regionthat advance
community development,and for creating parks and civic spaces. VISION 2040 also advances
redevelopment and infill as opportunities for revitalizing communities, including along linear
corridors(such as low-scale retail strips along the thoroughfares). Open space and parks at a variety
of scales create public amenities,contribute to the character of communities,and provide
opportunities for recreation and physical activity.
Countywide Planning Policy
CU-1. The County,andeach municipality in the County,will develop high quality,compact
communities that:
1.1 impart a sense of place;
1.2 preserve local character;
1.3 provide for mixed uses and choicesin housing types;and
1.4 encourage walking, bicycling,and transit use.
CU-2. The County,and each municipality in the County,shall design public buildings and
public spaces that contribute to the unique sense of community and a sense of place.
CU-3. The County,andeach municipality in the County, shall design transportation projects
and other infrastructure to achieve community development objectives and improve the
community.
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Community and UrbanDesign
CU-4. Promote context-sensitive design of transportation facilities, both for facilities to fit
in the context of the communities in which they are located, as well as applying
urban design principles for projects in centers and transit station areas.
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Economic Development and Employment
COUNTYWIDE PLANNING POLICY ON ECONOMIC
DEVELOPMENT AND EMPLOYMENT
Background-Requirements of Growth Management Act
The Washington State Growth Management Act mandates . • - .
that counties and
cities encourage economic development throughout the state that is consistent with adopted
comprehensive plans,promote economic opportunity for all citizens of the state,especially for
unemployed and disadvantaged persons,promote the retention and expansion of existing businesses
and recruitment of new businesses, recognizeregional differencesimpactingeconomic development
opportunities,and encourage growth in areas experiencing insufficient economic growth,all within
the capacities of the state's natural resources,public services,and publicfacilities [RCW
36.70A.020(5)]. Additionally,the Growth Management Act expressly requires that the County
adopt a planning policy on countywide economic development and employment[RCW
36.70A.210(3)(g)].
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040recognizesthat a robust economy is integral to our environmental,social, and
financial well-being. It acknowledges that a healthy and diverse economy is vital for paying for
public services, supporting arts and cultural institutions, and building our communities. The
Multicounty PlanningPolicies for economicdevelopment in VISION 2040 are organized around
the topics of business,people, and places. An emphasis is placed on enriching the region's
businesses and employment market through job retention, growth,and diversification. Importance
is alsoplaced on small and locally owned businesses, because they create jobs, can offer family-
wage jobs, and make vital contributions to the sustainability of the region's economy and
prosperity. VISION 2040 recognizes the region's economic well-being is also dependentupon the
safe and reliable movement of people,goods and services,and information and includes provisions
for prioritizing economic development and transportation funding to centers.
Countywide Planning Policy
Ec-1. The County,and each municipality in the County,will work to achieve a prospering
and sustainable regionaleconomy by supporting business and job creation, investing in
all people,sustaining environmental quality, and creating great central places,diverse
communities,and high quality of life. This will involve assuring assure consistency
between economic development policies and adopted comprehensive plans by:
1.1 considering the futuredevelopment of commercial and industrial facilities
RCW 36.70A.210(3)(g)]and creatingin theland use element of each
comprehensive plan a designation of areas for"commerce"and "industry"
RCW 36.70A.070(1)];
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Economic Development and Employment
1.2 providing within the areas designated for urban development,sufficient land to
accommodate projected development • • . . - :• • -••;
1.3 designating and zoning large tracts of appropriate developable land equitably
distributedthroughout the various jurisdictions based on the related population,
employment base and land areas of the jurisdiction for planned commercial and
industrial centers,and local housing and employment targets;
1.3.1. "Equitably,"means with consideration for the population and its
characteristics, including the skills of the current population;the current
employment base and its characteristics(i.e.,type of businesses and
industries, permanency of the existing employment base,past trends and
current projections);the amount of land in the jurisdiction;the amount of
vacant land in the jurisdiction appropriately zoned for economic
development;the current unemployment rate;current commuting
patterns;and others;factors as appropriate.
1.4 providing adequate publicfacilities and services to areas-designated-fer
employment centers and an adequate supply of housing
with good access to employment centers.
1.5 separating,buffering,orleaving natural buffers between residential development
and areas of economic developmentwhere it-is necessarydue to the type,
characteristics and impacts of the economic development activity;
1.6 developing and adopting standards at the municipal level to guide commercial
and industrial development in par-like a settings;that is appropriately
landscaped;
1.7 evaluating federal, state,and local regulatory,taxing, facility financing and
expenditure practices and then making changes to assure thatthey these
practices favor economicdevelopment at appropriatelocations.
1.8 leveraging the region's and county's position as an international gateway by
supporting businesses,ports,and agencies involved in trade-related activities.
1.9 encouraging the private, public,and nonprofit sectors toincorporate
environmental and social responsibility into their practices.
1.10 maximizing the use of existing designated manufacturing and industrial centers
byfocusing appropriate types and amounts of employment growth inthese areas
and by protecting them fromincompatible adjacent uses.
Ec-2. The County,and each municipality in the County, shall promote diverse economic
opportunities for all citizens of the County,especially the unemployed,disadvantaged
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Economic Development and Employment
persons,minorities and small businesses. The following measures may be used in
accomplishing this policy,where appropriate:
2.1 determining a reasonable "jobs/housing"balance and then coordinating land use
and development policies tohelp achieve the designated balance of adequate
affordable housing+eac'accessible to employment centers;
2.2 identifying urban land suitable for the accommodation of a wide range of non-
residentialdevelopment activities;
2.3 utilizing state and/or federal programs and financial assistance to the maximum
extentpassible appropriate;
2.4 encouraging redevelopment of declining underutilized commercial areas;
2.5 encouraging flexibility in local zoning and land use controls in order to permit a
variety of economic uses,but doing so without sacrificing necessary sound
design and development standards;
2.6 encouraging programs, in conjunction with other public,quasi-public and private
entities,in orderto attract deskA.6-er appropriate businesses and industriesy;,
particularly those that diversify the economic base and/or provide family-wage
jobs;
2.7 to the extent possible,encouraging the location of economic development
activities in areas served by public transit and adequate transportation facilities;
2.8 maintaining and enhancing natural resource-based industries, including
productive timber,agriculture, fishing and mining;
2.9 ealleetively targeting the appropriatecreation and retention of specific firms and
industries • ..•-: within established and emerging
industry clusters that export goods and services, import capital,and have growth
potential;
2.10 promoting educational,job training,and cultural opportunities,particularly for
those facing unique obstacles and/or those with special needs;
2.11 providing opportunities and locations for incubator industries.;;
2.12 fostering a supportive environment for businessstartups, small businesses, and
focally owned businesses tohelp them continue to prosper.
Ec-3. The County,andeach municipality in the County,shall encourage economic
development in areas in which there • . -- . . . . . . . . . a r e insufficient
employmentopportunities and for the local population base by:
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Economic Development and Employment
3.1 considering developmentincentives
3.2 marketing development opportunities '
Ec-4. The County,and each municipality in the County, shalltake the following steps to
ensure that economic growth remains within thecapacities of the state's natural
resources, public services and public facilities:
4.1 identifying existing and future demand for services;
4.2 encouraging the location of economicdevelopment activities within Urban
Growth Areas;
4.3 limiting incompatible economicdevelopment activities in or adjacentto
designated natural resource lands and critical areas and/or by requiring adequate
buffers between economic development acti vities projects and designated
natural resource lands and critical areas,and by ensuring thateconomic
development activities occur in areas with adequate public facilities.
Ec-5. The County,andeach municipality in the County, shall plan for sufficient economic
growth and development to ensure an appropriate balance of land uses which will
produce a sound financial pasture position given the fiscal/economic costs and benefits
derived from different land uses by:
5.1 censuring that the land use element of each Comprehensive Plan allows for an
appropriate mix and balance of uses;
5.2 reducing inefficient,sprawling development patterns;
5.3 reducingtransportation demand;
5.4 coordinating the provision of public facilities and services and/or insuring that
new development supports the cost of public facility and serviceexpansions
made necessary by such development;
5.5 promoting development in areas with existing available;public facility capacity;
5.6 encouraging joint public/private development:as appropriate;
5.7 concentrating a significant amount of economic growth in designatedcenters;
5.8 ensuring the efficient flow of people,goods, services,and information in and
through the region with infrastructure investments,particularly in and
connecting designated centers [See the Centers policies in the Urban Growth
Area sections].
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RES.E
Economic Development and Employment
Ec-6. The County,andeach municipality in the County, shall work to strengthen existing
businesses and industries and to add to the diversity of economic opportunity and
employment by:
6.1 promoting infill development to assist inmaintaining a viable market for existing
businesses;
6.2 utilizing redevelopment or other des'public financing mechanisms,
where appropriate,to maintain existing businesses;
6.3 making available information,technical assistance and loans for business
expansion and job creation;
6.4 protectingexisting viable - businesses from
incompatible neighbors;
6.5 streamlining permit processing;
6.6 striving to maintain adequate publicfacilities and servicelevels;
6.7 evaluating regulatory and otherconstraints to wed business operations and
devising an appropriate plan to minimize the effect of such constraints:;
6.8 supporting the contributions of the region's and county's culturally and
ethnically diverse communities in helping the region and the county continue to
expand its international economy;
6.9 in rural areas promoting compatible occupations(such as, but not limited to,
tourism,cottage and home-based businesses,and local services)that do not
conflict with rural character and resource-based land uses, but provides needed
employment in cities in the rural areas; and
6.10 in rural and natural resource areas supportingeconomic activity at a size and
scale that is compatible with the long-term integrity and productivity of these
lands.
Ec-7. The County, andeach municipality in the County,shall provide both the private sector
and the public sector with information necessary tosupport and promoteeconomic
developmentby:
7.1 coordinating the collection and dissemination of information with various local
governments;
7.2 cooperating with private and quasi-private entities and sharing information to
attract newindustries.
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RES.E
Education
COUNTYWIDEPLANNING POLICY ON EDUCATION
Background-Requirements of Growth Management Act
The Washington State Growth Management Act does not identify education asa planning goal to
guide the development and adoption of comprehensive plans and development regulations. Neither
is education listed as a planning policy requirement in the Growth Management Act. However,the
list of topics identified in the Growth Management Act is intended to delineate only the minimum
policy requirements. Education was identified as an additional policy area in the Interlocal
Agreement: "Framework Agreement for the Adoption of the Countywide Planning Policy(Pierce
County CouncilResolution No.R91-172, September 24, 1991)".
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 contains policies related to education obtainment, services,andthe siting of
education facilities. It calls for ensuring accessible and high quality education and skills-training
programs to all of the region's residents and integrates the provision of education facilities and
services with care for the environment. VISION addresses the provision of educational facilities
and services that are provided to both urban and ruralpopulations by calling for the siting of
schools, institutions,and other communityfacilities that primarily serve urban populations within
the urban growth areain locations where they will promote the local desired growth plans. It also
calls for locating schools, institutions,and other communityfacilities servingrural residents in
neighboring cities and towns and design these facilities in keeping with the size and scale of the
focal community.
Countywide Planning Policy
Ed-1. "Educational Facilities;";: includes means all public and private educational facilities,
including,butnot limited to,kindergartens,elementary schools,middle schools,junior
high schools,high schools,junior colleges,colleges,academies,and similar
institutions.
Ed-2. The County,andeach municipality in the County,shall strive to achieve excellence in
education and to offer diverseeducational opportunitiesto be made availableto all
residents of the County,cities,and towns by:
2.1 developing a broad tax base;
2.2 encouraging citizen participation;
2.3 encouraging coordination between educational and employment requirements.
2.4 working to ensure that the region and the county has high quality and accessible
training programs that givepeopleopportunities to learn,maintain and upgrade
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RES.E
Education
skills necessary to meetthe current and forecast needs of the regional and global
economy.
Ed-3. The County,and each municipality the County,shall coordinate with other institutions
or governmental entities responsible for providing educational services,in order to
ensure the provision of educational facilities along with other necessary publicfacilities
and services and along with established and planned growth patterns through:
3.1 the capital facilities planelement;
3.2 the land use element;
3.3 school site location decisions;
3.4 coordination and, if necessary,formalinterlocal agreements between school
districts and other governmental entities exercising land use planning,regulation,
and capital improvementplanningfunctions;
3.5 the possible use of impact fees, voluntary advancements,and etherregulatory
requirements for a portion of school facility financing;
3.6 encouragingereent of joint(municipaUschool district)use of playgrounds,parks,
open-spaces and recreational facilities;
3.7 supporting for sufficient funding of educational facilities and services;
3.8 supporting for the provision of educational facilities and servicesto meet
specialized needs.
Ed-4. The County,and each municipality in the County, shall address the issue of the
coordinate with school districts by:
4.1 incorporating school facility location criteria,developed in conjunction with the
local school district, in the localcomprehensiveplan;
4.2 including school districts in the comprehensive planning process;
4.3 developing a common base of data and sharing the data with school districts
concerning population,household,and school-age populationprojections,non-
educationalcapital facility needs, and land uses;
4.4 initiating dialogues with school districts about school district boundaries and
service areas in relation to municipal boundaries,designatedurban growth areas,
annexation plans,and serviceextensionplans and policies.
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Education
Ed-5. The County,and each municipality in the County,shall determine specific siting
requirements for all public and private educational facilities and shall meet specific
educational facility needs by:
5.1 locating schools in a manner that is consistently with the local comprehensive
plan, including the capital facilities element;
5.2 decidingall facility locations,types andsizes with consideration for the
provision of other necessary publicfacilities and services and the compatibility
and effect of the provision of such facilities on land use and development
patterns:;and
5.3 working toward standards that wouldprioritize the location of these facilities to
be in urban areas, with consideration to existing facilities in rural areas.
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Fiscal Impact
COUNTYWIDE PLANNING POLICY ON
FISCAL IMPACT
Background-Requirements of Growth Management Act
The Washington State Growth Management Act requires that the Countywide Planning Policies
address the"an analysis of fiscal impact" [RCW 36.70A.210(3)(h)]. However,the legislature did
not define the scope of the required fiscal impact analysis : . .-- - •- -- .-
During the legislative proceedings a number of alternatives were discussed,
ranging from fiscal analysis of the policies themselves,fiscal analysis of the comprehensive plans
and implementing regulations,fiscal analysis of governmental decisions affecting jurisdictional
responsibilities and/or boundaries and fiscal analysis of significant public and private development
projects. From these alternatives,the County,and each municipality, has determined that at the
Countywide Planning Policy level fiscalimpact analysis will be required only for governmental
decisions affecting jurisdictional responsibilities and/or boundaries and significant public and
privatedevelopment projects.
CountywidePlanning Policy
FI-I. The purposes of fiscal impact analysis are to assess the relative costs of providing
public facilities and services,with the public revenues that will be derived from: (a)
decisions affecting jurisdictional responsibilities and/or boundaries and(b)significant
public and private development projects.
FI-2. The County,and each municipality in the County,shall use the results of the any
required fiscal impact analysis as one of the factors in determining acceptance,
modification,or rejection of the proposal/project.
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Health and Well-Being
NEW CHAPTER
COUNTYWIDE PLANNING POLICY
ON HEALTH AND WELL-BEING
Background-Growth Management Act
The Washington State Growth Management Act identifies as a planning goal to encourage
developmentin urban areas and to reduce the inappropriateconversion of undeveloped land into
sprawling, low-density development. The GMA alsoencourages multimodal transportation systems
to encourage walking and other alternativesto the automobile. These transportationoptions provide
for greater opportunity for walking and exercise that further promoteshealth and well-being.
Compact communities can also encourage more efficient use of resources, reduced air pollution,
and thereby reduce impactson climate change. The GMA also sets forth a goal to protect the
environment and enhancethe state's high quality of life, including air and water quality. These are
also related to healthy living as well as climate change. VISION 2040 contains specific goals and
policies addressing health and well-being,climate,change and air and water quality.
In 2005,the legislature amended the GMA torequire communities to adopt and implement plans
and strategies to promote an increase inphysical activity among Washington State citizens. In
response to this requirement,jurisdictions updated transportation elements to include a pedestrian
and bicycle component,as well as identified planned improvements for those facilities and
corridors. Other strategies for achievingimproved public health include the adoption of"Complete
Streets"policies,policies addressing the development and improvement of infrastructuresupportive
of community walkability,and improvements addressing the safety of bicyclists and pedestrians.
Jurisdictionscontinue to adopt these mechanisms to enhance public health, consistent with the2005
amendments to the GMA.
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 acknowledges that the health and well-being of the region's people is fundamental to
maintaining and improving the region's sustainability and quality of life. It recognizes that human
health is affected by thehealth of the natural environment,the strength of our region's communities
and social networks,the way we build our cities and transportation systems,and theaesthetics and
functionality of thosesystems. VISION 2040 addresses numerous ways that humanhealth canbe
impacted in the central Puget Sound region,such as exposure to air and water pollution,automobile-
related injuries anddeaths,chronic diseases related to physical inactivity,and lack of fresh and
healthy foods. It further recognizes thatattentionto health as a consequence of planning and
infrastructure decisions can improve quality of life,reduce health carecosts,and lessen impacts
from lost productivity.
VISION 2040 addresses many of the region's health concerns by providing strategies that will
significantly reduce air and water pollution from transportation activities and other sources. A core
concept of VISION 2040 is improving the safety of the transportation system for drivers,
passengers,pedestrians,bicyclists,and others. Multicounty planningpoliciescall for designing
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Health and Well-Being
transportation facilities to serve all users safely and efficiently. This includes building and
improving sidewalks, bike lanes,trails and paths and adopting land use strategies to bring homes
closer to jobs, shopping,services, and recreation activities. VISION 2040 also states that health
considerations should be addressed in regional and local planning and decision-making processes.
It encourages design guidelines in the construction of buildings and facilities and regional farming
and food production.
Countywide Planning Policy
HW-1. The County, and each municipality in the County,will be designedto promote
physical,social,and mental well-being so that all people can live healthier and more
activelives by:
1.1 designing communities to provide an improved environment for walking and
bicycling;and
1.2 developing and implementing design guidelines to encourage construction of
healthy buildings and facilities to promotehealthy people;and
1.3 developing and implementing community plans and programs,such as
community gardens and farmer's markets,that provide support for agricultural,
farmland,and aquatic uses that facilitate the production of fresh and minimally
processed healthy foods,and encourage community access to those resources.
HW-2. The County,andeach municipality in the County,shall incorporate provisions
addressing health and well-being into appropriateregional,countywide,and local
planning and decision-making processes.
HW-3. The County, andeach municipality in the County,shall promote cooperation and
coordination among transportation providers, local government,and developers to
ensure that joint-and mixed-use developments are designed to promote and improve
physical,mental,and social health and reduce the impacts of climate change onthe
natural and built environments.
HW-4. The County,andeach municipality in the County, shall promote and develop
transportation systems and optionsthat minimize negativeimpacts to humanhealth by:
4.1 improving the safety of the transportation system and, in the long term,achieve
the state's goal of zero deathsand disabling injuries;and
4.2 improve local street patterns-includingtheir design and how they are used,for
walking,bicycling,and transit use to enhance communities,connectivity,and
physical activity, such as through the adoption of"Complete Streets"policies.
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Health and Well-Being
HW-5. The County,and each municipality in the County,shall protect andenhance the
environment and public health and safety when providing public services and facilities
by:
5.1 coordinating,designing,and planning for public safety services and programs;
5.2 consider use of health impact assessment tools when developing and evaluating
planning projectsto identify possibleimpacts of projects on community health;
and
5.3 encouraging health and human service facilities tolocate nearcenters and transit
for efficient accessibility to service delivery.
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Historic,Archaeological and Cultural Preservation
COUNTYWIDEPLANNING POLICY ON HISTORIC,
ARCHAEOLOGICAL AND CULTURAL PRESERVATION
Background-Requirements of Growth Management Act
The Washington State Growth Management Act mandates '. . • - .
that counties and
cities identify and encourage the preservation of lands, sites and structures,that have historical or
archaeological significance. [RCW 36.70A.020(13)]. Theterm "significance" is notdefined. ;
although However, it is well-recognized that the federal andstate governments have programs that
have been inoperation for some time by which land, sites, structures and districts of national
significance arm may be placed onthe National Register of Historic Places and land, sites and
structures of state significance arm may be placedonthe State Register of Historic Places.
Certaincities, including Tacoma,have adopted local programs to designateland,sitesand structures
of local significance. Although the Growth Management Act Amendments-ale do_es notrequire a
countywide planning policy on historic,archaeological and cultural preservation,that requirement
was added by the Interlocal Agreement: "Framework Agreement for the Adoption of the
Countywide Planning Policy(Pierce CountyCouncil Resolution No.R91-172, September 24,
1991)".
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 promotes the preservation of significant visual and cultural resources, including
public views, landmarks and cultural landscapes, and areas of special interest, in addition to historic
and archeological resources. VISION 2040 also contains policies that promote urban design
techniques to preserve these assets in recognition of the economic value of sense ofplace.
Countywide Planning Policy
HAC-1.The County,and each municipality in the County, utilizing applicable federal, state,
and local designations, if relevant,(and where appropriate in cooperation with the
Indiantribes)shall identify the presence of federal, state,and local historic,
archaeological and cultural lands, sites,and structures;of significance within their
boundaries.
HAC-2.The County,and each municipality in the County may,utilizing County standards or
locally-developed standards, identify and designate local historic,archaeological and
cultural lands, sites,and structures of significance within their boundaries.
2.1 Recommendations for localdesignations may be made by any person or entity or
by any municipality or governmental body.
2.2 The municipality may designate an individual,commissionorcommittee to be
responsible for review of recommendations and to forward such
recommendations on to the legislative body.
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2.3 Designations shall only be made by the local legislative body if theland, site,or
structure has only local significance.
2.4 All such designations shall be reflected in the land use element of the
comprehensive plan.
2.5 Any municipality may request that the County's Landmarks Commission and/or
staff provide assistance in designating land, sites,or structures; if sought, such
assistance may be provided pursuant to an interlocal agreement.
2.6 Preservation of significant lands,sites,and structures shall be encouraged or
accomplished by the County,andeach municipality in the County,through any
one or a combination of the following techniques,as determined to be
appropriate by the local legislativebody:
2.6.1 Designation;
2.6.2 Incentives for preservation;
2.6.3 Loans and grants;
2.6.4 Public purchase;
2.6.5 'Non-development'easement;
2.6.6 Development rights transfer;
2.6.7 Restrictive covenants;
2.6.8 Regulations for protection,maintenance,and approval of appropriate
development;
2.6.9 Plans/policies/standards for preservation as set by the(U.S.Department
of the Interior;
6.10 CertifiedLocal Government designation.
2.7 The County,andeach municipality in the County,may utilize one or more of the
following criteria,_or others as may be determined to be appropriate,to make
designation decisions for recommended lands,sites or structures:
2.7.1 Archaeological, historic,or cultural "significance;"
2.7.2 Condition;
2.7.3 Uniqueness;
2.7.4 Accessibility;
2.7.5 Cost/benefit;
2.7.6 Extent to which land, site,or structure is undisturbed;
2.7.7 Presence of incompatible land uses or activities;
2.7.8 Presence of environmental, health',or safety hazards;
2.7.9 Tourism potential;
2.7.10 Educational value;
2.7.11 Consent of owner.
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2.8 The legislative body of the County,andeach municipality in the County,may
utilize one or more of the following criteriaor others as may be determinedto be
appropriate,to make a de-designation decision:
2.8.1 Error in historical/archaeological/cultural research for the original
designation;
2.8.2 Economic hardship for the owner leaving no reasonable use of theland,
site,or structure;
2.8.3 Deterioration of lands, site,or structure;
2.8.4 Discovery of other(better)examples of lands,sites,or structures;
2.8.5 Presence of land,site,or structure on state or federalregisters.
HAC-3.The County,andeach municipality in the County, shall encourage public education
programs regarding historic,archaeological,and cultural lands, sites,and structures as a
means of raising public awareness of the value of maintaining those resources.
HAC-4. Utilize urbandesign strategies and approaches toensure that changes to the built
environment preserve and enhancethe region's and the county's unique attributes and
each community's distinctive identity in recognition of the economic value of sense of
place.
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Natural Resources, Open Space,Protection of Environmentally Sensitive Lands&Environment
COUNTYWIDE PLANNING POLICY ON
NATURAL RESOURCES,OPEN SPACE,20113 PROTECTION
OF ENVIRONMENTALLY-SENSITIVE LANDS,AND THE ENVIRONMENT
Background-Requirements of Growth Management Act
The Washington State Growth Management Act identifies the following as planning goals: (4-)
maintain and enhance natural resource-based industries,including productive timber,agricultural
and fisheriesindustries![RCW 36.70A.020(8)];(2)encourage the conservation of productive forest
lands and productive agricultural lands,and discourage incompatible uses [RCW 36.70A.020(8)];
3)encourage the retention of open space and development of recreational opportunities, conserve
fish and wildlife habitat, increase access to natural resourcelands and water,and develop parks
RCW 36.70A.020(9)];and,(4)protect the environment and enhance the state's high quality of life,
including air and water quality,and the availability of water[RCW 36.70A.020(10)]. Although
The degree of interconnectedness between them these goals
leads to the development of a single,comprehensive planning policy. Although the Growth
Management Act does not expressly require a countywide planning policy on natural resources,
open space,and protection of environmentally sensitive lands,the addition of such a policy was
specifically identified in the Pierce County Interlocal Agreement: "Framework Agreement for the
Adoption of the Countywide Planning Policy(Pierce County Council Resolution No.R-91-172,
September 24, 1991)".
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 acknowledges thatcertain development patterns and practices havedamaged and
threaten to further disrupt the region's ecosystems. It recognizes that while some impacts are
irreversible, the region can curb pollution, change land use and transportation patterns, and better
manage wasteto protect key ecological functions and help restore the environment.
VISION 2040 stresses the ecological, economic, and health benefits of preserving and restoring
our natural environment. The Multicounty Planning Policies in VISION 2040 have been
developed around the theme of environmental stewardship and sustainability. This is further
expressed in VISION 2040's theme of people, prosperity and planet. This theme recognizesthe
important relationship between ourcommunities, oureconomy, and ourenvironment.
VISION 2040 acknowledges that atmospheric pollution threatens to alterthe way the natural
environmentfunctions and to affect human health and well-being. It recognizes that theaverage
annualtemperatures are already rising in the Pacific Northwest and that reduced snowpack and
earlier spring runoffs could result in increasing water shortages and droughtconditions. VISION
2040's commitment to sustainable growth, clean transportation, and environmentally friendly
development practices will help reduce greenhouse gas emissions andcreate healthier communities.
VISION 2040 also provides guidance for reducing greenhouse gas emissions and planning for
various impacts caused by climate change. Included is an overarching goal thatcalls for reducing
pollutants which contribute to climate change. Multicounty planning policies commit the region to
comply with recent state directives regarding the reduction of greenhouse gases and call on
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Natural Resources, Open Space,Protection of Environmentally Sensitive Lands&Environment
jurisdictions and agencies to include an analysis of climate change impacts when performing
environmental review under the State Environmental Policy Act. Additional provisions call for
reducing the rate of energy use per capita and developing newenergymanagement technology as
part of meeting the region's energy needs.
Countywide Planning Policy
Env-1. The following governmental entities shall act in a coordinatedieft mannerto identify,
designate,and conserve resources,and to protect open space and environmentally
sensitive lands:
1.1 The State[RCW 36.70A.050(1)];
1.2 The County;
1.3 Municipalities;
1.4 SpecialPurpose Districts and entities;
1.5 The PugetSound Regional Council and Regional Authorities(Puget Sound
Clean Air Pollution Control Agency,Regional Transportation Planning
Organization et al);
1.6 TheFederal government;
1.7 Tribal governments;
1.8 Public utilities.
2.Natural resources" shall be defined, for the purpose of these policies,to include:
3Env-2.Countywide natural resources identified and designated pursuant to this Policy shall be
maintained and enhanced through one or more of the following means:
32.1 conservation;
32.2 conservation combined with planned use;
32.3 planned use;
32.4 enhancement;
32.5 education;
3-2.6 preservation;
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32.7 purchase/acquisition;
32.8 regulatory approaches;and
32.9 compensable approaches.
4Env-3.Thegovernmentalentities specified in subpolicy 1 shall work cooperatively and
consistently with each other to achieve this Policy through:
43.1 identifying,designating, maintaining,conserving, enhancing',and/or protecting,
as appropriate,natural resources through the adoption of specific elements in the
county and municipal comprehensive plans;
43.2 developing appropriate implementation strategies and regulations;
43.3 adoptinglocal capital improvement programs designed to achieve the objectives
of this Policy;
43.4 coordinating standards and criteria betweentheprograms of the governmental
entitiesspecified in subpolicy 1, including where necessarythe use of inter-
governmental agreements, so as to be consistent with the objectives of this
Policy.
5 using integrated and interdisciplinary approaches for environmental planning
and assessment;and
3.6 using the best information available at all levels of planning,especially scientific
information,whenestablishing and implementing environmental standards
establishedby the local, state, orfederal government.
5Env-4.TheCounty,andeach municipality in the County, shall consider the following
regarding natural resources:
34.1 placing a primary emphasis on maintaining,enhancing,conserving,and/or
protecting, as appropriate,designated and identified natural resources including
lands of local,county,and statewide significance;
34.2 developing and applying criteria for limitinged development,if allowed, soas to
maintain,enhance,and conserve identified and designated important,productive
or economically viable natural resources or natural resource based industries;
34.3 ensuring the provision of buffers to protect environmentally sensitive lands
where economic use of natural resource lands will cause adverse impacts;
54.4 adopting a"no net loss"approach where applicable;
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M.5 utilizing positive incentivesto ensure conservation over time;
34.6 utilizing transfer of development rights;purchase of development rights;
conservation easements;or other flexible,clustered or compensable regulatory
approaches(see CPPs for Agricultural Lands and Open Space);
34.7 educating e€all segments of the community concerning the importance of these
Policy objectives;
34.8 emphasizing the prevention of air and water quality degradation.;
4.9 establish best managementpractices that protect the long-term integrity of the
natural environment,adjacent land uses,and the long-term productivity of
resource lands;
4.10 support the sustainability of designated resource lands. Conversion of lands to
other uses is strongly discouraged;and
4.11 ensure that resource lands and their related economic activities are not adversely
impacted by development on adjacent non-resource lands.
6Env-5.Environmentally sensitive lands, for the purpose of the Policy, shall include all
designated critical areas pursuant to RCW 36.70A.030(5)including, butnot limited to,
wetlands,aquifer recharge areas, fish and wildlife habitat,geologically hazardouslands
and shall include water supply areas, shorelines,creeks, streams, lakes,rivers,deltas,
frequently flooded areas,estuaries,and unique geologic features such as canyons. The
County,and each municipality in the County, shall maintain the following relationship
between environmentally sensitive lands and development:
65.1 give priority to protection of environmentally sensitive lands;
65.2 develop standards and criteria for limitinged development,if wed allowed,
in the County or in municipal comprehensive plans;
65.3 where development is permittedallowed, provide protection for
environmentally-sensitive lands through the provision of appropriate buffers;
65.4 adopt a"no net loss"approach;
65.5 utilize e€positive incentives for conservation;
65.6 utilize e€transfer of development rights,purchase of development rights,or
other flexible,clustered or compensatory regulatory approaches;
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65.7 designate environmentally sensitive lands of local,county and statewide
significance;
65.8 educate all segments of the community concerning the importance of these
Policy objectives.
7Env-6.The County,and each municipality in the County, shall determine the amount of
developmentpermitted on environmentally sensitive lands by according to the nature of
the area sought to be protected;and to do so on a case-by-case basis;in conjunction
with SEPAregulations. Enhancements e€to environmentally sensitive lands, such as
parks and observation towers,may be allowed.
8Env-7. The County,and each municipality in the County,as well as the othergovernmental
entitiesspecified in subpolicy 1 shall be in compliance with and seek to exceed federal
and state environmental quality standards where requiredto achieve the objectives of
this Policy;
9Env-8.The County,and each municipality in the County,as well as the other governmental
entities specified in subpolicy 1 shall consider policies on environmentally sensitive
lands in conjunction with other Countywide Planning Policies, including,but not
limited to,policieswhich address:
4.1 urban growth areas;
38.2 contiguous orderly development and the provision of urban services to such
development;
98.3 capital facility siting;
98.4 transportation efficiency;
8.5 siting of transportation facilities;
8.6 operations and maintenance of transportation facilities;
938.7 infill development;
938.8 affordable housing;
9,78.9 state and local Shoreline Master Programs;
9.88.10 goals and mandates of federal and state land jurisdiction agencies including the
Washington State Department of Natural Resources,the U.S.Forest Service,the
National Park Service and Tribal governments;
9.98.11 watershed management.
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1-0Env-9.Open space, for the purpose of this Policy shall include parks,recreation areas,
greenbelts/natural buffers, scenic and naturalamenities or unique geological features or
unique resources.
Env-10.The County,andeach municipality in the County, shall develop a plan for the
provision and designation of open space considering the following:
4.10.1 environmentally sensitive lands may also include open space and/or greenbelt
areas;
4-10.2 open spaceareas are located e ly within urban growth areas;
1-10.3 open space is defined in conjunction with recreation and facilities..-
10.4 open space and environmentally sensitive lands that create linkages across
jurisdictional boundaries and coordination with these entities;
10.5 encourage open space cluster design;and
10.6 encourage natural buffering as part of development design.
space:
12.1 following an assessment of local needsandbased upon specific criteria;
12.1.1 to encourage open space cluster design;
12.1.2 to encourage natural buffering as part of development design;
12.3 if such areas meet the above criteria of 12.1 and 12.2 and are in:
12.3.1 aquifer recharge areas;
12.3.2 floodplains;
12.3.3 unique resource areas;
Env-131.The County,and each municipality in the County, may make the following uses of
open space:
131.1 recreational areas, including parks(golf courses,picnic areas,bicycle,equestrian
and walking trails)and general recreation;
131.2 uses as considered on a case-by-case basis;
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131.3 uses derived from community definition(i.e.,greenbelts)
Env-142.The County,andeach municipality in the County, shall encourage new housingto
locatein a compatible fashion(i.e., clustereddesign)with open space designations or
outside of designated open spaces.
Env-153.The County,and each municipality in the County,shall regulate open space through
tools such as:
153.1 zoning and subdivision ordinances, including butnot limited to cluster and
minimum lot size zoning,overlay zonesandadequate off-site public facility
regulations;
133.2 developmentimpact fees for park and open space acquisition;
133.3 dedication of land or moneyin-lieu of land;
133.4 designation of open space corridors;
133.5 soil conservation measures;
133.6 wetlands,shorelines,floodplain or other environmentally sensitive lands
ordinances;and
133.7 development agreements.
Env-164.The County,and each municipality in the County, shall cooperativelyinventory
existing and newly designated potential open space bycreating:
164.1—local and regionalplanninginventories.);
16.2 regional inventory.
Env-175.The County,andeach municipality inthe County, shallauthorize the following
methods of retention of open space land or Wildlife corridors:
175.1 public acquisition of property in fee simple or through development easement
acquisition;
175.2 private acquisition with covenants,conditions and/or restrictions limiting the use
of the property to open space;
175.3 alternativesto public purchase, including, but not limited to:
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175.3.1 flexible zoning, subdivision and regulatory approaches designed for
protectionor preservation;
175.3.2 land trust;
175.3.3 conservation easement;
175.3.4 transfer of development rights,purchase of development rights,and
other compensable regulatory approaches;
175.3.5 rails-to-trails;
175.3.6 donations;
175.3.7 preferential assessments;
175.3.8 planned developments;
175.3.9 dedications;
175.3.10 impact fees;
175.3.11 view easements;
175.3.12 use value assessments.;
175.4 retention of existing open space through:
175.4.1 the designation of natural resource lands of
statewide significance;
175.4.2 required open space preservation within and without Urban Growth
Boundaries established by PSRCPierce County;
175.4.3 coordination with agricultural land owners and right to farm policies.
15.4.4 preserving,and enhancing significant regional open spa ce networks
and linkages across jurisdictional boundaries.
General
Env-816.The County, and each municipality in the County, should protect andenhance the
natural ecosystems through comprehensive plan policies and development
regulations that reflect naturalconstraints and protect sensitive features.
16.1 Preserve and enhance habitat to prevent species frominclusion on the
endangered species list and to accelerate their removal from the list.
16.2 Identify and protect wildlife corridors both inside and outside the urban
growth area.
16.3 Preserve and restore nativevegetation to protect habitat, especially where it
contributes to the overall ecological function and w here invasive species are a
significant threat to native ecosystems.
16.4 Maintain natural hydrological functions, ecosystems and watersheds and,_
where feasible, restore to a morenatural state.
16.5 Restore, where appropriate and possible, freshwater and marine shorelines,
watersheds, and estuaries to a natural condition for ecological function and
value.
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X16.6 Reduce the use of pesticides and chemical fertilizers to the extent feasible and
identify alternatives that minimize risks to human health and the environment.
16.7 Identify and addressthe impacts of climate change on hydrological systems.
Env-197.The County, and each municipality in the County, should preserve,protect, and
where practicable, restore natural habitat critical for the conservation of salmonid
species listed under the federal Endangered Species Act,through the adoption of
comprehensive plan policies that seek to protect, maintain, or restore aquatic
ecosystems.
197.1 Jurisdictions should consider creation of a Public Benefit Rating System under
the Current Use Assessment Program (RCW 84.34) or other TaxIncentive
Programsthat includes a higher priority for fish and wildlife habitat
conservation areas.
197.2 Consider fish and wildlife habitatconservation areas whendesignating land
use designations and companion zoning regulations.
197.3 Amendexisting critical area regulations, as necessary,to protect fish and
wildlife habitat conservation areas from development impacts.
Coordination of Watershed Planning and Land Use Planning
Watershed"means a geographic area that drains toward or contributes flow to a stream or river
and the geographic limits of a watershed are defined by the points at which the ground slope
changes to drain surface water into the tributaries that feed the stream or river system.
Env2918.The County, and each municipality in the County, should protect the natural
habitat criticalfor the conservation of salmonid species listedunder the federal
Endangered Species Act,whenever practicable,through the use of planning
activities or study techniques that are capable of determining changes in stream
hydrology and water quality.
2018.1 The County, and each municipality in the County, should coordinate
watershed planning and land use planning activities and implementation
activities within a watershed boundary including:
2018.1.1 recognize thatwatershed planning may be useful in analyzing
changes in stream hydrology, flooding,water quality and capital
facilities under different land use scenarios;
2918.1.2 evaluate the use of vegetationretention,tree conservation, and
maximumimpervious surface standards;
29,18.1.3 whenever possible, utilize watershed boundaries instead of
jurisdictional boundaries for plans and studies;
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Natural Resources, Open Space,Protection of Environmentally Sensitive Lands&Environment
2018.1.4 consider the implications of planning and implementation activities
on natural environmental and built systems that are located outside
jurisdictional boundaries but within the shared watershed;
2018.1.5 when updating land use plans and regulations, consider
information that is contained within watershed plans.
Inter jurisdictional Cooperation
2-1-Env-19. The County, and each municipality in the County, shall work together to identify
and protect natural habitat corridors that cross jurisdictional boundaries.
2-1-19.1 Establish informational sharing workshops or present information at
established coordinating committees.
2419.2 Whenever possible, utilize watershed boundaries instead of jurisdictional
boundaries for plans and studies.
19.3 Establish a common method for assessing the habitat needs for sensitive
species.
2Env-20.The County, and each municipality in the County, should coordinate
watershed/aquatic restoration planning and implementation activities within a
watershed.
220.1 Consider the implications of planning and implementation activities not only
within jurisdictional boundaries, but also the implications of decisions and
activities on habitat for critical fish species that is located outside
jurisdictional boundaries but within the shared watershed.
20.2 Encourage involvement with local drainage districts in planning process.
Env-231. The County, and each municipality in the County, shall cooperatively work
together to create and adopt modifications to their Critical Areas Regulations that
include the best available science for the protection of existing habitat, wetlands,
estuaries, and riparian areas by avoiding negativeimpacts.
231.1 Encourage the removal of invasive speciesand the replanting of natural
vegetation.
231.2 Encourage local community groups in critical habitat restoration and
enhancement efforts.
23-1.3 Utilize incentives to encourage landowners to retain, enhance, or restore
critical habitat.
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Natural Resources, Open Space,Protection of Environmentally Sensitive Lands&Environment
231.4 Develop complementary, coordinated, integrated, and flexible approaches for
the collection, analysis, and sharing of monitoringinformation (e.g., GIS data,
hydrologic and hydraulic analysis.
Development Standards
Env-242. Upon adoption of a state classification system,the County and each municipality in
the County, should work togetherto establish a single system for stream typing.
Env-253.The County, andeach municipality in the County, should maintain or enhance
water quality through control of runoff and best managementpractices tomaintain
naturalaquatic communities and beneficial uses.
Monitoring, Best Available Science and Adaptive Management
Env-264.The County, and each municipality in the County, should work cooperatively
toward creating and implementing methodologies designed to determine the
effectiveness of enhancement and recovery strategies for listed species. (The term
recovery is applied to speciesand not to habitat.)
264.1 Monitoring and evaluation strategies should be designedto develop data and
information that can be used to evaluate future policy choices and
management actions.
264.2 Whenever practicable, adoption of local plans,which include C—conservation
Pplans or watershed basin plans, should include monitoring and evaluation
criteria.
24.3 Usethe best information available at all levels of planning, especially
scientific information.
Env-275. The County, andeach municipality in the County, recognizes that the best available
science to address listed species recovery issues is evolving. Each jurisdiction
should apply an adaptive management strategy to determine how well the objectives
of listed species recovery and critical habitat preservation/restoration are being
achieved.
275.1 Consider the results of pilot developments in land use planning.
Env-26.Ensure that all residents, regardless of social or economic status, live in a healthy
environment with minimal exposure to pollution.
Env-27.Locatedevelopmentin a manner that minimizes impacts to natural features and
promote the use of innovative environmentally sensitive development practices,
including design, materials, construction, and on-going maintenance.
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Natural Resources, Open Space,Protection of Environmentally Sensitive Lands&Environment
Env-28. Mitigate noise caused by traffic, industries, and other sources or adjustland uses as
appropriate to secure the same result.
Air Quality
Env-29.Reach and maintain air pollution attainment level/standards for carbon monoxide,
ozone, and particulates as determined by the Environmental Protection Agency or
the PugetSound Clean Air Agency:
Env-30.The County and each municipality in the County shall strive, as appropriate,to
improve the countywideoverall air quality for particulates, ozone, and toxics
through measures such as:
30.1 Providing education to the community about the sources and of
particulate matter, ozone (smog) and air toxics;
30.2 Coordinating and partnering across jurisdictional boundaries on a air quality
issues., strategies, and education efforts;
30.3 Employing methods to reduce particulates by improving indoor and outdoor
wood burning activities and wood asa source of heat;
30.4 Strengthening efforts to reduce from construction activities(i.e.,
fugitive dust)
30.5 Strengthening efforts to reduce pollutantsfrom transportation activities by
30.5.1 including pollution reduction methods through technologies such as the
use of cleaner fuels and vehicle programs, for example, electric
charging stations, bike and pedestrian infrastructure, and partnering to
constructintra jurisdictional trails and nonmotorized facilities, linear
trails, and low speed vehicles;
30.5.2 reducing vehicle miles traveled and auto dependency;
30.5.3 designing and prioritizing compact communities a nd n_eighborhood
accessibility for daily goods and services.
30.6 Reducingair toxics emissions through freight infrastructure investment, diesel
retrofits, woodstove change-out programs, and various community-scale
projects.
Climate Change
Env-31.The County, and each municipality in the County, shall strive to meet State mandates
on climate change and the reduction of greenhouse gases.
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Natural Resources, Open Space,Protection of Environmentally Sensitive Lands&Environment
31.1 Jurisdictions should work to address climate change and greenhouse gases by
undertaking such actions as:
31.1.1 conducting a baseline assessment and inventory of carbon/energy
footprint of its community and municipal operations;
31.1.2 creating and adopting a climate action plan;
1.1.3 providing outreachto developers and residents to educate about the
sources of greenhouse gases and the effects of climate change,'
31.1.4 assessing the impact of the development of capital facilities may have
on climate change; and
31.2 Jurisdictions should address adaptation and mitigation strategies from the
effects of climate change inlong range plans such as shoreline master
programs and comprehensive plans.
p1.3 Jurisdictions should encourage the development community to reduce impacts
Of proposed projects on climate change.,
3L3.1 Work topromote green development standards(e.g., LEED and
equivalent, and low impact development) in both public and private
development and operations.
3.1.4 Include an analysis (i.e., supplemental greenhouse gas/climate change impact
worksheet)of climate change impacts and potential mitigation when
conducting an environmental review process under the State Environmental
Policy Act.
31.5 Jurisdictions should consider the carbon sequestration potential of natural
resources and open space.
31.5.1 Direct developmentinto urban areas and compact centers to prevent
and reduce the urbanization of ecologically sensitive areas and natural
resources; and
31.5.2 Encourage countywide carbon sequestration through:
31.5.2.1 Increasing the amount of vegetation and canopy cover in
urban areas by coordinating the preservation and growth of
open space;
31.5.2_.2 Developing a comprehensive strategy to maintain and restore
vegetation and increase canopy cover in rural areas.
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31.6 Jurisdictions shouldsupport energymanagement technologies and alternative
energy sources.
31.6.1 Cooperate with regional initiatives and efforts toward the de velopment
and use of energy management technologies;
31.6.2 Reducegreenhouse gases by expanding the use of biofuels, energy
efficiency/conservation and alternative energy sources within municipal
and private development and operations;
31.6.3 Investigate and pursue opportunities for district heating(thermal energy
on a neighborhood scale);
31.6.4 Investigate and pursue opportunities for landfill methane sequestration;
and
31.6.5 Adjust development standardsto allow, encourage, and preserve
opportunities for alternative energy infrastructure, such as solar panels.
31.7 should include climate change mitigation strategies in local
transportation planning..
31.7.1 Cooperate with regional and countywide transportation initiatives to
develop strong regional public transportationoptions;
31.7.2 Increase alternatives to driving alone; and
31.7.3 Encourage private and public development of transitoriented
development throughout the county to reduce the need for personal
vehicle use.
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Rural Areas
NEW CHAPTER
COUNTYWIDEPLANNING POLICY
ON RURAL AREAS
Background-Growth Management Act
The Washington State Growth Management Act requires that county comprehensive plans
include a rural elementthat includes lands that are not designated for urban growth, agriculture,
forest, or mineral resources. This element is guided by multiple sections in the GMA related to
rural areas, including RCW 36.70A.030 (Definitions), RCW 36.70A.01I (Findings-Rural
lands), RCW 36.70A.070 (5) (Comprehensive plans-Mandatory elements-RuralElement); and
others.
Rural elements are intended to recognize the importance of rural lands and rural character to
Washington's economy, its people, and its environment,while respecting regional differences. In
the rural element, counties are to foster land use patterns and develop a local vision of rural
character that will: help preserve rural-based economies and traditional rural lifestyles;
encouragethe economic prosperity of rural residents; foster opportunities for small-scale, rural-
based employment and self-employment; permit the operation of rural-based agricultural,
commercial, recreational, and tourist businesses that are consistent with existing and planned
land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife
habitat; foster the private stewardship of the land and preservation of open space;and enhance
the rural sense of community and quality of life.
While the GMA assigns responsibility for adopting a rural element to counties, all jurisdictions
in a county, particularly those surrounded by or adjacent to rural lands, have an interest in what
occurs on rural lands. Hence, rural lands are includedin the Countywide Planning Policies in
order to achieve consistency between and among the plans of cities and the county.
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 identifies rural lands as permanent and vital parts of the region. It recognizes that
rural lands accommodate many activities associated with natural resources, as well as small-scale
farming and cottage industries. VISION 2040 emphasizes the preservation of these lands and
acknowledges that managing rural growth by directing urban-type development into designated
urbanlands helps to preserve vital ecosystems and economically productive lands.
VISION 2040 also acknowledges recent successes in directing growth away from rural lands.
However, it acknowledges that conversion pressures from urban developmentcontinue today,
particularly throughvesting, and calls for continued use of rural lands for farming, forestry,
recreation, and low-densitydevelopment supported by rural services. The Multicounty Planning
Policies reinforce this and call for minimizing environmental impacts to rural lands,while
providing long-term solutions for the environmental and economic sustainability of rural-based
industries.
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Rural Areas
Countywide Planning Policies
Rur-1. Overarching Goal: The County will sustainthe ecologicalfunctions, resource value,
lifestyle, and character of rural lands for future generations by limiting the types and
intensities of development in rural areas.
Development Patterns
Rur-2. Ensure that development in rural areas is consistent with the countywide and
regional vision.
Rur-3. Prohibit urban net densities in rural areas.
Rur-4. Review and revise criteria and regulations to avoid new fully contained communities
outside of the designated urban growth areabecause of their potential to create
sprawl and undermine local, countywide, state, and regional growth management
goals.
Rur-5. In the event that a proposal is made for creating a new fully contained community,
the county shall make the proposal available to the Growth Management
Coordinating Committee, Pierce County Regional Council,othercounties, and to the
Regional Council for advance review and comment on countywide and regional
impacts.
Rur-6. Use existing and new tools and strategiesto address vested development to ensure
that future growth meets existing permitting and development standards and
encourage consolidation where appropriate .
Rur-7. Ensure that development occurring in rural areas is rural in character and is focused
intocommunities and activity areas.
Rur-8. Accommodate the county's growth first and foremost in the urban area.Ensure that
development in rural areasis consistent with the rural vision.
Rur-9. Direct commercial,retail,and community services that serve rural residents into
neighboring cities and existing activity areas toprevent the conversion of rural land into
commercial uses.
Economic Development
Rur-10. Support economic activity in rural and natural resource areas at a size and scale that
is compatible with the long-term integrity and productivity of these lands.
Rur-11. Direct commercial, retail, and community services that serve rural residents into
neighboring cities and existing activity areas to prevent the conversion of rural land
into commercial uses.
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Rural Areas
Environment
Rur-13. Contribute to improved ecological functions and more appropriate use of rural lands
by minimizing impacts through innovative and environmentally sensitive land use
management and development practices.
Rur-14. Support long-term solutions for the environmental and economic sustainability of
agriculture and forestry within rural areas.
Transportation
Rur-15. Avoid construction of major roadsand capacity expansion on existing roads in rural
and resource areas. Where increased roadwaycapacity is warranted to support safe
and efficient travel through rural areas, appropriate rural developmentregulations
and strong commitments to access management should be in place prior to
authorizing such capacity expansion in order to preventunplanned growth in rural
areas.
Rur-16. Maintain the long-term viability of permanent rural land by avoiding the
construction of new highways and major roads in rural areas.
Rur-17. Promote transit service to and from existing citiesin rural areas.
Public Services
Rur-18. Do not provide urban services in rural areas. Design services forlimited access when
they are needed to solveisolated health and sanitation problems, so as not to increase
the development potential of the surrounding rural area.
Rur-19. Encourage the design of public facilities and utilities in rural areas to be at a size and
scale appropriate torural locations, so as not to increase development pressure.
Rur-20. Workwith schools, institutions, and other community facilities serving rural
residents in neighboring cities and towns and design these facilities in keeping with
the size and scale of the local community.
Rur-21. Apply developmentregulations in rural areas that would mitigate the impact of
roadway projects thatmay lead to unplanned growth in the rural area.
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Siting of Essential PublicCapital Facilities
COUNTYWIDEPLANNING POLICY ON
SITING OF ESSENTIAL PUBLIC CAPITALFACILITIES
OF A COUNTYWIDE OR STATEWIDE NATURESIGNIFICANCE
Background-Requirements of Growth Management Act
The Washington State Growth Management Act requires thatthe comprehensive plan of the County
and of each municipality in the County include a process foridentifying and siting essential public
facilities [RCW 36.70A.200(1)]. "Essential"public facilities include,but are not limited to,those
facilities that are typically difficult to site, such as airports, state education facilities, state or regional
transportation facilities,stateand local correctional facilities, solid waste handling facilities,and in-
patient facilities, including substance abuse facilities,mental health facilities and group homes
RCW 36.70A.200(1)]. The State Office of Financial Management is required to maintain a list of
essential state public facilities that are required or likely to be built within the next six(6)years.
Facilities may be added to the list at any time. The Growth Management Act further mandates that
no local comprehensive plan or development regulationmay preclude the siting of essential public
facilities [RCW 36.70A.200(2)].
CountywidePlanning Policy
EPF-1. The County,and each municipality in the County, shalladopt a policy incorporate
same in its comprehensiveplan,on the siting of essential public capital facilities of a
Countywide or statewide nature.
1.1 In addition to°Essential public facilitie , : --
for a public use,must have a useful life of 10 years or more andbe either:
1.1.1 a Countywide facility which has the potential for serving the entire
Countyor more than one jurisdiction in the County;or
1.1.2a statewide facility which serves or has the potential for serving the entire
state,or which serves less than the entire state,but morethan one county.
EPF-2. The County,and each municipality in the County, shall identify lands useful for public
purposes and incorporate such designations in their respective comprehensive plans.
EPF-3. The County,andeach municipality in the County, shall incorporate a policy and
process in their respective comprehensive plans to identify and site essential public
facilities . -- •s - . The
process and policy shall include the following components:
3.1 a requirement that the state provide a justifiable need for the public facility and
for its location in Pierce County based upon forecasted needsand a logical
service area,and the distribution of facilities in the region and state;
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3.2 a requirement that the state establish a public process by which the residents of
the County and of affected and "host"municipalities have a reasonable
opportunity to participate in the site selection process.
EPF-4. The County and municipal policies shall be based upon the following criteria:
4.1 Specific facility requirements:
4.1.1 minimum acreage;
4.1.2 accessibility;
4.1.3 transportation needs and services;
4.1.4 supporting public facility and public service needs and the availability
thereof;
4.1.5 health and safety;
4.1.6 site design;
4.1.7 zoning of site;
4.1.8 availability of alternative sites;
4.1.9 community-widedistribution of facilities;
54.1.10 naturalboundaries that determine routes and connections.
4.2 Impacts of the facility:
4.2.1 land use compatibility;
4.2.2 existing land use and developmentin adjacent and surrounding areas;
4.2.3 existingzoning of surrounding areas;
4.2.4 existing Comprehensive Plan designation for surrounding areas;
4.2.5 present and proposed population density of surrounding area;
4.2.6 environmental impacts and opportunities to mitigate environmental
impacts;
4.2.7 effect on agricultural, forest or mineral lands,critical areas and historic,
archaeological and cultural sites;
4.2.8 effect on areas outside of Pierce County;
4.2.9 effect on designated open space corridors;
4.2.10"spin-off'(secondary and tertiary) impacts;
4.2.11 effect on the likelihood of associated development beinginduced by the
siting of the facility.
4.3 Impacts of the facility siting on urban growth area designations and policies:
4.3.1 urban nature of facility;
4.3.2 existing urban growth near facility site;
4.3.3 compatibility of urban growth with the facility;
4.3.4 compatibility of facility siting with respect to urban growth area
boundaries.
4.3.5 timing and location of facilities that guide growth and development.
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Siting of Essential PublicCapital Facilities
EPF-5. The County and municipal policies shall ensure that the facility siting is consistent with
the adopted County and municipal comprehensive plans, including;
5.1 the future land use map and other required and optional plan elements not
otherwise listed below;
5.2 the identification of lands for public purposes in the land use element;
5.3 the capital facilities plan element and budget;
5.4 the utilities element;
5.5 the rural element;
5.6 the transportation element;
5.7 the housing element;
5.8 the comprehensive plans of adjacent jurisdictions thatmay be affected by the
facility siting;
5.9 regional general welfare considerations.
EPF-6. The County and municipal policies may include standards and criteria related to:
6.1 the time required for construction;
6.2 propertyacquisition;
6.3 control of on-and off-site impacts during construction;
6.4 expediting and streamlining necessary government approvals and permits if all
other elements of the County or municipal policies have been met;
6.5 thequasi-public or public nature of the facility,balancing the need for the
facility against the external impacts generated by its siting and the availability of
alternative sites with lesser impacts..-.
6.6 zoning of area around site to protect against encroachment.
EPF-7. The County and municipal policies may include standards and criteria related to:
7.1 facility operations;
7.2 health and safety;
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7.3 nuisance effects;
7.4 maintenance of standards congruent with applicable governmental regulations,
particularly as theymay change and become more stringent over time:;
7.5 sustainable development practices.
EPF-8. The County and municipal policies on facility siting shall be coordinated with and
advance other planning goals including, butnot necessarily limited to,the following:
8.1 reduction of sprawl development;
8.2 promotion of economic development and employmentopportunities;
8.3 protection of the environment;
8.4 positive fiscal impact and on-going benefit to thehost jurisdiction;
8.5 serving population groups needing affordable housing;
8.6 receipt of financial or other incentives from the state and/or the County or other
municipalities;
8.7 fair distribution of such publicfacilities throughout the County and state;
8.8 requiring state and federal projects to be consistent with this policy.
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Transportation Facilities and Strategies
COUNTYWIDE PLANNING POLICY ON
TRANSPORTATION FACILITIES AND STRATEGIES
Background-Requirements of Growth Management Act
TheWashington State Growth Management Act identifies transportation facilities planning and,
specifically,encouraging efficient multi-modal transportation systems based on regional priorities
and coordinated with local comprehensive plans,as a planning goal to guide the development and
adoption of comprehensive plans and development regulations [RCW 36.70A.020(3)]. In addition,
it identifies a transportation element as a mandatory element of a county or city comprehensive plan
RCW 36.70A.070(6)]. The transportation element must include: (a) land use assumptions used in
estimating travel;(b)facilities and services needs;(c)finance;(d) intergovernmental coordination
efforts, including an assessment of the impacts of the transportation plan and land use assumptions
onthe transportation systems of adjacent jurisdictions;and(e)demand management strategies
RCW 36.70A.070(6)(a)-(c)]. The Growth Management Act expressly requires a Countywide
Planning Policy on transportation facilities and strategies [RCW 36.70A.210(3)(d)].
The Commute Reduction Efficiency Act of 2006(RCW 70.94.521-531)goal is to reduce
congestion on the roadway network and help address the air pollution issues within theurban areas.
This act requires localgovernmentsto work with their larger employers to develop and implement
strategies for reducing their single occupant auto trips. Jurisdictions affected by the commute trip
reduction (CTR) law are required to developlocal CTR plans that include the documenting of local
transportationsetting of the affected work sites an d thestrategies by which the rate of single
occupant vehicle use may be reduced.
VISION 2040 Multicounty Planning Policies(MPPs)
VISION 2040 offers an integrated approachtoaddressing land use and transportation,along with
the environment and economic development. It calls for a clean, sustainable transportation future
that supports the regional growth strategy. Sustainable transportation involves the efficient and
environmentally sensitive movement of people, information,goods and services—with attention to
safety and health. Sustainable transportation minimizes the impacts of transportation activities on
our air, water,and climate. It includes the design of walkable cities and bikable neighborhoods,as
well as usingalternatives to driving alone. It relies on cleaner,renewable resources for energy.
Thetransportation-related multicounty planning policies in VISION 2040 are presented in three
groups. The first group of policies calls for maintaining, preserving,and operating the existing
transportation system in a safer and more efficient way. They advance transportation that is less
polluting. The second group of policiescall for developing thesystem to support the regional
growth center,particularly travel within and between centers. Investments are to be prioritizedto
serve centersand to support pedestrian-oriented,mixed use development. The policies address
complete streets to serve all users, green streets that are better for the environment,and context-
sensitive design, that guides the development of transportation facilities to better fit within the
context of the communities in which they are located. There are policies addressing nonmotorized
transportation as well as freight. The final group of policies address greater transportation options,
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Transportation Facilities and Strategies
including alternatives to driving alone, mobility choices for people with special needs, and avoiding
new roads or capacity expansion in rural areas,
Countywide Planning Policy
Tr-1. Promote a sustainable transportation system that assures the ability of future
generations to providetransportationinfrastructure and services in an effective,
efficient,clean,and cost effective manner.,
Tr-2. Improve safety in the transportation system by working toward the state's"zero
death and disabling injury"target.
4Tr-3. For the purpose of this Policy,the following transportation servicesshall be deemed
Countywide in nature:
23.1 state and federal highways;
33.2 major arterials;
43.3 public transit facilities and services;
43.4 waterborne transportation(ferries, shipping);
63.5 airports(passenger or freight);
73.6 rail facilities(passenger orfreight)7ri
3.7 nonmotorized facilities.
2Tr-4. The following facilities and system componentsshall be included in the multi-modal
network:
24.1 roads, including major highways,arterials and collectors;
publicis transit,
emerging ing bus,rail,vanpool,paratransit,'and park&and ride lots
and
24.2 ublic transit, including bus,
24.3 nonmotorized facilities;
24.4 ferries;
24.5 airports;
24.6 parking facilities;
24.7 facilities related to transportation demand management.
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Transportation Facilities and Strategies
3Tr-5. The County,and each municipality in the County, shall consider the impacts of their
respective planning activities on neighboring jurisdictional(inclusive of WSDOT)
roadway facilities when developing and administering their level of service standards.
3[5.1 designating or adopting :.. •- - - . : . multimodal blevels of
service(LOS)per RCW 36.70A.108 such as:;
5.1.1 for roadways and intersection;and
5.1.2 transit levels of service(e.g., hours of service,headways, pedestrian
environment,accessibility, safety, rider comfort, reliability,transfer
necessity,cost, and travel time).
3.2 understanding that the adopted LOS will affect not only the quality of the
3,35.2 entering into interlocal agreements,where necessary,toestablish uniform,
coordinated service levels between jurisdictionsfor countywide facilities.
4Tr-6. In the County,and in each municipality in the County,the adopted LOS may be:
46.1 set belowexisting levels(thereby allowing reserve capacity for growth and
minimizing the need for new capital investment, ,
46.2 set above existing levels(thereby increasing comfort and convenience of travel,
enhancing economic development and minimizing some environmental impacts;
46.3 set at existing levels(thereby allowing new development to mitigate full
marginal impacts, :. , - • _
Pugie);
46.4 set at different levels of service in different zones;
46.5 set at different levels of service based on facility classifications;
46.6 set for multi-modal facilities;;
46.7 taken directly from standards developed by the Washington State Department of
Transportation for Highways of Statewide Significance and directly from
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Transportation Facilities and Strategies
standards developedby the Puget Sound Regional Council for regionally
significant state highways.
5Tr-7. The County,andeach municipality in the County, shall determine the adequacy of
transportation facilities; including transit infrastructure,taking into account existing
development,approvedbut unbuilt development, current and future roadway
conditions,and multiple modes of transportation through
utilization of:
57.1 capacity-to-demand'levels of service(LOS);
57.2 availability of capacity based on current and future demand including phased
capacity;
57.3 eel appropriate standards of design across jurisdictional lines.
6Tr-8. The County,and each municipality in the County, shall address substandard LOS for
existing facilities or"existing deficiencies"by:
68.1 designating funding mechanisms
68.2 prioritizing facilities needed facility needs in capital improvement and
transportation improvement programs to correct existing deficiencies in-eapital
68.3 using transportation demand management '.•., :-• . -: •.
68.4 using transportation systems management '. ., . :.
travel behavior'to promote cost effective methods of moving people and goods;:
8.5 promoting nonmotorized travel.
7.The following jurisdictions will be responsible for the correction of existing
7.1 the County, in unincorporated areas;
7.2 a municipality, in incorporated areas;
8Tr-9. The County,and each municipality in the County,in cooperation with the transit and
transportation agencies,shall :..:
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59.1 establish policies and/or regulations for park/and ride facilities;
59.2 parking requirements for publicfacilities so as to encourage public transit use.
9Tr-10. The County,and each municipality in the County, shall address concurrencythrough
the following methods:
910.1 providing transportation facilities needed to accommodate newdevelopment
within six years of developmentapproval;
910.2 limiting newdevelopment to a level that can be accommodated by existing
facilities and facilities planned for completion over the next six years;
910.3 encouraging new and existing development to implement measures to decrease
congestion and enhance mobility throughtransportation demand and congestion
management.
4.0Tr-11.The County,and each municipality inthe County, shall address compatibility between
land use and transportation facilities by:
4-011.1 Requiring new transportation facilities and services in areas in which new
growth is appropriate or desirable to be phased within a twenty-year time frame
consistent with six year capital improvement programs;
1-011.2 restricting piscouraging the extension of newtransportation facilities into areas
not planned for growth(e.g.,outside urban growth areas)and avoidingplanning
of major roads and capacity expansion in rural and resource areas;
1.011.3 Using developmentregulations to ensure that development does not create
demands exceeding the capacity of the transportation system, including transit
alternatives.
4-011.4 Using land use regulations to increase the modal split between automobiles and
other forms of travel:
4-011.4.1 iJesignating high densitiesin transit and transportation corridors and
designated Transit Oriented Development(TOD) sites;
4-011.4.2 Dedications/and impact fees to provide public transit facilities;
1-011.4.3 require Requiring pedestrian-oriented design;
4-011.4.4 Encouraginge or requiringe mixed use development and TOD;
1-011.4.5 Facilitatinge ease of access for physically challenged individuals.
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11.5 Developing plans orplanning provisions,where appropriate,to protect the
continued operation of general aviation airports by using adoptedland
compatibility standardssuch as those published by the Federal Aviation
Administration(FAA)and the Washington State Department of Transportation
WSDOT)to discourage incompatible land uses and development on adjacent
land.
Tr-14-2. The County andeach municipality shall plan and implement programs,as appropriate,
for designing,constructing and operatingtransportation facilities for all users, including
motorists,pedestrians, bicyclists,and transit users.
Tr-14-3. The County,andeach municipality in the County, shall address environmental impacts
of the transportation policies through:
14-3.1 programming capital improvements and transportation facilities designed to
alleviate and mitigate impacts on land use,air quality and energy consumption
such as high-occupancy vehicle lanes,public transit infrastructure,or
bicycle/pedestrian facilities designed for home-to-work travel;
14-3.2 locating and constructingtransportationimprovements so as to discourage
adverse impacts on water quality and other environmental features resources.
12. The County,and each municipality in the County,shall address energy
travel; -
Tr-14. The County and each municipality should use low-impactdevelopment practices or
environmentally appropriate approaches for the design, construction and operation of
transportation facilities to reduce and mitigate environmental impacts, including, but
not limited to, storm water runoff from streets and roadways.
Tr-135. The County,andeach municipality in the County,and in cooperation with transit
agencies, shall pie promote the€ellev.ingfacilities and services to encourage
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Transportation Facilities and Strategies
alternatives to automobile travel and/or to reduce the number of vehicle miles traveled
modal split,trip generation and trip length)including:
135.1 structuralalternatives(public transit[such as wed grade separated guideways
guideway/rail systems,for buscs,paratransit scrvice5 and rail applications];
construction of newhigh-occupant vehicle lanes; limitations on
highway/roadway construction;carpool/vanpool facilities; non-recreational
bicycle/pedestrian facilities);
135.2 non-structural/regulatory alternatives(growth management[concurrency;urban
growth areas];road/congestion pricing;auto-restricted zones;parking
management; site design; ridesharingincentives,and transportation systems and
demand management).
systemi
14OV lanes,reversible traffic lanes);
Tr-16. The County and its cities shall work with transit agencies to identify and preserve
existing rights-of-way inorder to preserve options for future transitalignments.
Tr-17. The County and cities will work in cooperation with WSDOT and Port authorities to
plan and implement projects and programsto meet freight mobility and access needs,
including the establishment of programs designed to maintain, preserve and expand
freight rail capacity including planning for needed capital improvements.
Tr-158. The County,and each municipality in the County, shall consider a number of financing
measures, including but not limited to:
138.1 generalrevenues;
158.2 fuel taxes;
158.3 toll roads and other user fees;
158.4 bonding;
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Transportation Facilities and Strategies
18.5 congestion pricing;
138.6 public/private partnerships, and public/publicpartnershps;
158n.
7 assessment and improvementdistricts,facility benefit assessments, impact fees,
dedication of right-of-way and voluntaryfunding agreements;
114.8 grants;
145 others,as may be appropriate.
Tr-1 9. Protect the transportation investments and preservation of assets the proper
operations and maintenance.
fr-20. Protect the transportation system againstdisaster,develop prevention and recovery
strategies, and plan for coordinated responses by usingtransportation-related-
Preparedness, prevention,mitigation,response, and recovery strategies and procedures
adopted in the emergency management plans and hazard mitigation plans of the County,'
and cities,as well as the Washington State ComprehensiveEmergencyManagement
flan
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Urban Growth Areas
COUNTYWIDE PLANNING POLICY ON URBAN GROWTH AREAS,
PROMOTION OF CONTIGUOUS AND ORDERLY DEVELOPMENT
AND PROVISION OF URBAN SERVICES TO SUCH DEVELOPMENT
Background-Requirements of Growth Management Act
The Washington State Growth Management Act has as planning goals des the encouragement
of development in urban areas where adequate public facilities and services exist or can be provided
in an efficient manner[RCW 36.70A.020(1)],the reduction of sprawl (i.e.,the inappropriate or
premature conversion of undeveloped land into low-density development) [RCW 36.70A.020(2)],
and the provision of adequate public facilities and services necessary to support urban development
at the time the development is available for occupancy and use(without decreasing current service
levels below locally established minimum standards) [RCW 36.70A.020(12)] as planning goals.to
The Growth Management Act further requires(1)that the County designate an"urban growth area"
UGA)or areas within which urban growth shall be encouraged and outside of which growth shall
occur only if it is not"urban" in character;(2)that each municipality in the County be included
within an UGA; (3)that an UGA include territory outside of existing municipal boundaries only if
such territory is characterized by urban growth or is adjacent to territory that is already characterized
by urban growth. [RCW 36.70A.110(1); for definition of"urban growth"see RCW
36.70A.030(17).]
The designated UGAs shall be of adequatesizeand appropriate permissible densities so as to
accommodate the urban growth that is projectedby the State Office of Financial Managementto
occur in the County for the succeeding 20-year period. While each UGA shall permit urban
densities, it shall also include greenbelt and open space areas[RCW 36.70A.110(2)].
As to the timing and sequencing of urban growth and development over the20-year planning
period,urban growth shall occur first in areas already characterized by urban growth that have
existing public facility and service capacities to service such development,second in areas already
characterized by urban growth that will be served by a combination of both existing publicfacilities
and services and any additional needed publicfacilities and services that are provided by either
public or private sources [RCW 36.70A.110(3)]. Urban government services shall be provided
primarily by cities,and -.. . it is not appropriate that urban
governmental services be extended to or expanded in rural areas except in those limited
circumstances shownto be necessary to protect basic public health and safety and environment and
when such services are financially supportable at rural densities and donot permit urban
development [RCW 36.70A.110(4)].
The Growth Management Act Amendments expressly require that countywide planning policies
address the implementation of UGA designations[RCW 36.70A.210(3)(a)],the promotion of
contiguous and orderly development,the provision of urban services to such development[RCW
36.70A.210(3)(b)],and the coordination of joint county and municipal planning within UGAs
RCW 36.70A.210(3)(f)].
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Urban Growth Areas
VISION 2040 Multicountv Planning Policies(MPPs)
VISION 2040 calls for a more efficient, sustainable,and strategic use of the region's land.It
identifies urban lands as a critical component to accommodate population and employment growth
in a sustainable way. VISION 2040 calls for directing development to the region's existing urban
lands,especially in centers and compact communities, and limiting growth on rural lands. The
Regional Growth Strategy found in VISION 2040 allocates 93 percent of the region's future
populationgrowth and97 percent of its employment growth into the existing urban growth area.
Cities are divided into fourdistinct groups: Metropolitan Cities,Core Cities,Large Cities,and
Small Cities. An additional geography is Unincorporated Urban Growth Areas. VISION 2040
recognizesthat unincorporated urban lands are often similar in character tocities they are adjacent
to, calling for them to be affiliated with adjacent cities for joint planning purposes and future
annexation.
VISION 2040 recognizesthat compact development creates vibrant, livable,and healthy urban
communities that offer economicopportunities for all, provide housing and transportation choices,
and use our resources wisely. The Multicounty Planning Policies support the effective use of urban
land and include provisions that address brownfield and contaminated site clean-up, the
development of compact communities and centers with pedestrian-friendly,transit-oriented
locations and a mix of residences,jobs,retail,and other amenities,and the siting of facilities a nd
majorpublic amenities in compact urban communities and centers.
VISION 2040 recognizesthat centers provide easy access to jobs, services, shopping, and
entertainment. With their mix of uses and pedestrian-friendly design, they can rely less on forms
of transportation that contribute to air pollution and greenhouse gas emissions. VISION 2040
identifies 27 regional growth centers. These places play an important role as locations of the
region's most significant business, governmental, and cultural facilities. The 18 citiesthat have
one or more regional growth centers are expected to accommodate a significant portion of the
region's residential growth (53 percent) and employmentgrowth (71 percent).
VISION 2040 calls for local jurisdictions with regional growth centersto adopthousing and
employment targets for each center. Eight regional manufacturing/industrial centers havealso
been designated. These are locations for more intensive commercial and industrial activity.
Both regional growth centers and regional manufacturing/industrial centers are focal points for
economicdevelopment and transportation infrastructure investments. Subregional centers,
including downtowns in suburban cities and other neighborhood centers, also play an important
role in VISION 2040's Regional Growth Strategy. These,too, are strategic locations for
concentrating jobs, housing, shopping, and recreational opportunities. VISION 2040 calls for
each of the region's cities to develop one or more central places as compact mixed-use hubs for
concentrating residences,jobs, shops, and community facilities.
Urban services addressed in VISION 2040 include wastewater and stormwater systems, solid
waste,energy,telecommunications,emergency services,and water supply. An overarching goal of
VISION 2040 is to provide sufficient and efficient public services and facilities in a manner that is
healthy, safe,and economicallyviable. Conservation is a major theme throughout VISION 2040.
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Urban Growth Areas
The Multicounty Planning Policies address increasing recycling and reducing waste and
encouragingmore efficient use of water, low-impactdevelopment techniques,and renewable and
alternative energy. The Multicounty PlanningPolicies also address siting of public facilities and the
appropriateness and scale of particular public services.
VISION 2040 calls for jurisdictions to invest in facilities and amenities that serve centers and
restrict urban facilities in rural and resource areas. The Multicounty Planning Policies also
discourage schools and other institutions serving urban residents from locating outside the urban
growth area.
Principles of Understanding Between Pierce County andthe Municipalities in Pierce County
While following the goals and regulations of the Growth Management Act,Pierce County and the
municipalities in Pierce County will strive to protect the individual identities and spirit of each of
our cities and of the rural areas and unincorporated communities.
Further agreements will be necessary to carry out the framework of joint planning adopted herein.
These agreements will be between the County andeach city and between the variouscities.
The services provided within ourcommunities by special purpose districts are of vital importance to
our citizens. Consistent with the adopted regional strategy,these districts will be part of future
individual and groupnegotiations under the framework adopted by the County and municipal
governments.
While the Growth Management Act defines sewer service as an urbanservice,Pierce County
currently is a major provider of both sewer transmission and treatment services. The County and
municipalities recognize that it is appropriate for the County and municipalities to continue to
provide sewer transmission and treatment services.
The County recognizes that unincorporated lands within UGAs are often potential annexation areas
for cities. These are also areas where incorporation of new cities can occur. The County will work
with existing municipalities and emerging communitiesto make such transitions efficiently.
At the same time,annexations and incorporations have direct and significant impacts on the revenue
of countygovernment,and therefore, may affect the ability of the County to fulfill its role asa
provider of certain regional services. The municipalities will work closely with the County to
developappropriate revenue sharing and contractual services arrangements that facilitate thegoals
of GMA.
The Countywide PlanningPolicies are intended to be theconsistent"theme"of growth management
planning among the County and municipalities. The policies also spell out processes and
mechanisms designed tofoster open communication and feedback among the jurisdictions. The
County and the cities and towns will adhere to the processes and mechanisms provided in the
policies.
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Urban Growth Areas
Growth Targets
The Regional Growth Strategy set forth in VISION 2040 provides guidance for the distribution of
future population and employment growth through theyear2040 within the Central Puget Sound
Region. This strategy in combination with the Office of Financial Management's population
forecasts provide a framework for establishing growth targets consistent with the requirements of
the Growth Management Act. Consistent with VISION 2040,these growth targets are the minimum
number of residents,housingunits,or jobs a given jurisdiction is planning to accommodate within
the appropriate planninghorizon and are informational tools integrated into local land use plans to
assist in formulating future residential and employment land needs. These targets are to be
developed through a collaborative countywide process that ensures all jurisdictions are
accommodating a fair share of growth.
Achievement of the future envisioned by VISION 2040 will be challenging.Jurisdictionsin some
regional geographies will likely be planning for growth targets that are above or below the policy
direction set by the Regional Growth Strategy because they are on a front-orback-loaded
growth trajectory toward 2040. In otherregional geographies, recent growth has been at such
significant odds with the policy direction set by the Regional Growth Strategy (such as recent
growth in unincorporated urbanPierce County from 2000 to 2007 has already accounted for
more than half of the 40-year growth allocation), that the 2040 goal will likely be exceeded. In
such cases,jurisdictions are asked to set growth targets as close to VISION 2040 as reasonably
possible in an effort to"bendthe trend"of future growth to more closelyconform to the -
Regional Growth Strategy. If a jurisdiction's adoptedtarget is lower orhigher thanexpected
from a straight-line application of the Regional Growth Strategy, certification by the Puget
Sound Regional Council (PSRC) will be based on the actions and measures taken or pro posedto
be put in place tobend the trend, notjust on an assessment of the adoptedtargets.
It is recognized that some of the urban growth areas in existence prior to the adoption of VISION
2040 maycontain more potential housing and employment capacity based upon zoning, allowed
density, land division patterns, and other factors than is needed to accommodate the growth
target of the associated geography. In many cases, these urban growth areas have been in
existence for a decade or more, contain existing development patterns which are urban in ,
character, and are served by sanitary sewer and other urban infrastructure. These areas are
largely expected to remain within the urban growth area consistent with their urban character.
Expansion of these urban growth area boundaries that do not comply with provisions in the
Amendments and Transition section of these policies is acknowledged to be inconsistent with
CPPs and is strongly discouraged.
Centers
Centers are to be areas of concentrated employment and/or housing within UGAs which serve as the
hubs of transit and transportation systems. Centers and connecting corridors are integralto creating
compact urban developmentthat conserves resources and creates additional transportation,housing,
and shopping choices. Centers are an important part of the regional strategy(VISION 2040) for
urban growth and are required to be addressed in the Countywide PlanningPolicies. Centers will
become focalpoints for growth within the county's UGA and will be areas where public investment
is directed.
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Urban Growth Areas
Centers are to:
be priority locations for accommodating growth;
strengthen existing development patterns;
promote housing opportunities close to employment;
support development of an extensive multimodal transportation system which reduces
dependency on automobiles;
reduce congestion and improve air quality;and
maximize the benefit of public investment in infrastructure and services.
VISION 2040,the adopted regional growth strategy, identifies several different-types-of centers as
an integral feature for accommodating residential and employment growth. ,including three types
of Urban Centers: (1)Regional Center, (2)Metropolitan Center,(3)Urban Center,which feature a
mix of land uses,as well as a category for Town Center. (Note: In 2003,PSRC replaced the term
PSRC's Designation Criteria.) The strategy describes Regional Growth Centers,and other centers
thatmay be designated through countywide processes or locally. Regional Growth Centers once
regionally designated are located either in Metropolitan Cities, or inCore Cities. VISION 2040 also
identifies Manufacturing/Industrial Centers,which consist primarily of manufacturing and industrial
uses. (See 1995 VISION 2040 Update,pages 85 and 86.) Pierce County has five Urban-Centers
Pierce
County has five Regional Growth Centers and two Manufacturing/Industrial Centers that have been
adopted into the regional growth strategy. Pierce County Regional Growth Centers are designated
as-either located inTacoma,which is a Metropolitan City, and in Lakewood and Puyallup,which
are Core Cities. - - , ' :•: . _ . - - - - , : s follows:
Regional Growth Centers in the Metropolitan City Centers
TacomaCentral Business District
Tacoma Mall
Regional Growth Centers in Core Cities
TT2 all
Lakewood
Puyallup Downtown
Puyallup South Hill
Currently there are no designated Countywide Centers.
Manufacturing/Industrial Centers are areas whereemployee-or land-intensive uses will be located.
Thesecenters differ from Regional Growth Centers in that they consist of an extensive land base
and the exclusion of non-manufacturingor manufacturing-supportive usesis an essential feature of
their character. These areas are characterized by a significant amount of manufacturing, industrial,
and advanced technologyemployment uses. Large retail and non-related office uses are
discouraged. Other than caretakers'residences,housing is prohibited within
Manufacturing/Industrial Centers. However,these centers should be linked to highdensity housing
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areas by an efficient multimodal transportation system. The efficiency of rail and overland freight
to markets is the critical element for manufacturers and industries located in these centers.
The designated Manufacturing/Industrial Centers,within Pierce County are as follows:
Manufacturing/Industrial Centers
Frederickson
Port of Tacoma
Within Pierce County,a limited number of additional centers may be designated through
amendment of the Countywide PlanningPolicies consistent with theprocess below.
Designated centers mayvarysubstantially in the number of households and jobs they contain today.
Theintent of the Countywide Planning Policies is thatRegional Growth Centers become attractive
places to live and work,while supporting efficient public services such as transit and being
responsive to the local market for jobs and housing.
The Countywide PlanningPolicies establish target levels for housing and employment needed to
achieve the benefit of a center. Somecenters will reach these levels over the next twenty years,
while for others the criteria set a path for growth over a longerterm, providing capacity to
accommodate growth beyond the twenty year horizon.
County-Level CentersDesignation Process
The County and any municipality in the County that is planning to include a Metropolitan City
Center,Regional Growth Center, Countywide Center or Manufacturing/Industrial Center within its
boundaries shall specifically define the area of such center within its comprehensiveplan. The
comprehensiveplan shall include policies aimed at focusinggrowth within the center and along
corridors consistent with the applicable criteria contained within the Countywide Planning Policies.
The Countyor municipality shall adopt regulationsthat reinforce the center's designation.
No more often than once every two years,the Pierce County Regional Council(PCRC)shall invite
jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as
centers in the Countywide PlanningPolicies to submit a request for such designation. Said request
shall be processed in accordance with establishedprocedures for amending the Countywide
PlanningPolicies.
Each jurisdiction seeking to have a center designated in the Countywide PlanningPolicies shall
provide the PCRC with a report demonstrating thattheproposedcenter meets the minimum criteria
for designationtogether with a statement and map describing the center, its consistency with the
applicable Countywide PlanningPolicies,and how adopted regulations will serve the center.
Transit services shall be defined in the broadest sense and shall include local and regional bus
service,rail where appropriate,vanpool,carpool,and othertransportation demand measures
designed to reduce vehicle trips.
The minimum designation criteria to establish a candidatecenter by type are as follows:
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Metropolitan City Center
Area: upto 1-1/2 square miles in size;
Capital Facilities: served by sanitary sewers;
Employment: a minimum of 25 employees per gross acre of non-residential lands with a
minimum of 15,000 employees;
Population: a minimum of ten householdsper gross acre;and
Transit: serve as a focal point for regional and local transit services.
Regional Growth Center
Area: up to 1-1/2 square miles in size;
Capital Facilities: served by sanitary sewers;
Employment: a minimum of 2,000employees;
Population: a minimum of seven households per gross acre;and
Transit: serve as a focal point for regional and local transit services.
Countywide Center
Area: up to one square mile in size;
Capital Facilities: served by sanitary sewers;
Employment: a minimum of 1,000 employees;
Population: a minimum of 6 households per gross acre;and
Transit: serve as a focal point for local transit services.
Manufacturing/Industrial Center
Capital Facilities: served bysanitary sewers;
Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day;and
Transportation: within one mile of a state or federal highway or national rail line.
The minimum criteria report and statement shall be reviewed by the Growth Management
Coordinating Committee(GMCC)for consistency with Countywide PlanningPolicies,the
Transportation Coordination Committee for consistency with transportationimprovements plans of
WSDOT,and with Pierce Transit's comprehensive plan. The coordinating committees shall
provide joint recommendation to the PCRC.
Once includedin the Countywide PlanningPolicies,the jurisdiction where a center is located may
goon to seek regional designation of thecenter from the Puget Sound Regional Council (PSRC) in
accordance with its established criteria and process.
In order to be designated a Regional Growth Center the center should meet the regional criteria and
requirements including those in VISION 2040,the regional growth,economic and transportation
strategy as may be amended and designated by the Puget Sound Regional Council.
After county-level designation occurs within the Countywide Planning Policies and until regional-
level designationby the PSRC occurs the center shall be considered a"candidate"Regional Growth
Center.
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Each jurisdiction which designates a Regional Growth Center shall establish 20-year household and
employment growth targets for thatCenter. The expected range of targets will reflect the diversity
of the various centers and allow communities to effectively plan for needed services. The target
ranges not only set a policy for the level of growth envisioned for each center,but also for the
timing and funding of infrastructure improvements. Reaching the target ranges will requirecareful
planning of public investment and providing incentives for private investments.
Urban Growth Outside of Centers
A variety of urban land uses and areas of growth will occur outside of designated centers but within
the UGA. Local land use plans will guidethe location,scale,timing and design of development
within UGAs. The UGA will be where the majority of future growth and development will be
targeted. Development should be encouraged which complements the desired focus of growth into
centers and supports a multimodal transportation system. For example,policies which encourage
infill and revitalization of communities would help to achievethe regional and statewide objectives
of a compact and concentrated development pattern within urban areas. The Countywide Planning
Policies provide guidance for development and the provision of urban services tosupport
development within the UGA.
Satellite Cities and Towns
The cities and towns in the rural areas are a significant part of Pierce County's diversity and
heritage. They have an important role as local trade and community centers. These cities and towns
are the appropriate providers of local rural services for the community. They also contribute to the
variety of development patterns and housing choices within the county. As municipalities,these
cities and townsprovide urban services and are located within the County's designated UGA. The
urban services,residential densities and mix of land uses may differ from those of the large,
contiguous portion of the UGA in Pierce County.
CountywidePlanning Policy
UGA-1.The County shall designate a countywide urban growth area,and identify where
appropriate municipal urban growth areas within the countywide urban growth area,
basedon consultations between the County and each municipality!and--ursuant to the
ollowing-preeess:
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Urban Growth Areas
affordable housing
141 County referral of proposed urban growth area designations to the Pierce County
Regional Council(PCRC).
1.21.1 The '•- . .• . • -:•:-• .• (PCRC)may refer the proposed
designations to the Growth Management Coordinating Committee
GMCC),or its successor entity for technical advice and for a report.
121.2 The Pierce County Regional Council(PCRC)may conduct public
meetings to review the proposed designation and,at such meetings,may
accept oral or written comments and communications from the public.
121.3 At the conclusion of its review and analysis,the Pierce County Regional
Council(PCRC)shall make a recommendation to the County and to the
municipalities in the County.
Economic De elo nrte w;
1.62 Onceadopted by the County,the urban growth area designations shall not be
changed except in accordance with the CountywidePolicy on"Amendments and
Transition."
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l.2.1 A jurisdiction shall not be requiredto modify existing urban growth area
boundaries in order to reducethe residential or employment capacity to
conform to adopted growth targets reflecting VISION 2040's Regional
Growth Strategy. Jurisdictions shall, however,consider the adopted
growth targets when updating their local comprehensive plans.
1.2.2 Growth targets are the minimum number of residents,housing units, or
jobs a given jurisdiction is planning to accommodate within the
appropriate planning horizon and are to be developed through a
collaborative countywide process that ensures all jurisdictions are
accommodating a fair share of growth. Thesetargets are informational
tools integrated into local land use plans to assist in formulating future
residential and employment land needs.
UGA-2.The following specific factors and criteria shall dictate the size and boundaries of urban
growth areas:
2.1 Size
2.1.1 Urban growth areas must be of sufficient size to accommodate ep the
urban growth projectedto occur over the succeeding 20-year planning
period taking into accountthe following:
a. land with natural constraints, such as critical areas(environmentally-
sensitive land);
b. agricultural land to be preserved;
c. greenbelts and open space;
d. New Fully Contained Communities pursuant to RCW§ 36.70A.350
e. maintaining a supply of developable land sufficient to allow market
forces tooperate and precluding the possibility of a land monopoly
but no more than is absolutely essential to achieve the above
purpose;
f. existing projects with developmentpotential at various stages of the
approval or permitting process(i.e.,the "pipeline");
g. land use patterns created bysubdivisions, short plats or large lot
divisions;
h. build-out of existing development and areas which are currently only
partially built out;
i. follow existing parcel boundary lines(if a parcel is split and more
than 50%is within the urban growth boundary,the entire parcel shall
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Urban Growth Areas
be considered part of the urban growth area as long as the increase
does not exceed 2%of the municipality's total urban growth area).
2.1.2. The County,and each municipality in the County, shall cooperatively
develop and propose objective standards and criteria to disaggregate the
State Office of Financial Management's Countywidegrowth forecasts and
VISION 2040 Regional Growth Strategy forecasts for the allocation of
projected population to the County and municipalities,taking into account
the availability and concurrency of public
facilities and services with the impact of development, as well as the
VISION 2040 Regional Growth Strategy.
2.1.3 The County shall use a consistent countywide targeting process for
allocating population and employmentgrowth consistent with the
regional vision, including establishing:
a. local employment targets,
b. local housing targets based on population projections,and
c. local housing and employment targets for each designated regional
growth center.
2.2 Boundaries
2.2.1 Any of the following shall be considered in determining the location of
urban growth area boundaries:
a. geographic,topographic,and manmade features;
b. public facility and service availability,limits and extensions;
c. jurisdictional boundaries including special improvement districts;
d. location of designated natural resource lands and critical areas;
e. avoidance of unserviceable islands of County landsurrounded by
other jurisdictional entities;
f. Destination 2030 urban/rural line and PSCAA burn ban line.
Phasing of Development within the Urban Growth Area
2.3 The County andeach municipality in the County shall seek to direct growth as
follows:
a. first to cities and towns,centers and urbanized areas with existing
infrastructure capacity;
b. second to areas that are already urbanized such that infrastructure
improvements can be easily extended;and
c. last to areas requiringmajor infrastructure improvements.
2.3.1 Capital facilities plans shall identify existing,planned,and future
infrastructure needs within Urban Growth Areas.
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Urban Growth Areas
2.3.2 The County andeach municipality in the County should identify
appropriate levels of service and concurrency standards that address
schools, sewer,water,and parks.
2.3.3 The County and each municipality in the County shall identify
appropriate levels of service and multimodal concurrency standards that
address roads.
2.4 Municipal urban growth area boundaries shall be determined as set forth above
and with consideration for the following additional factors:
2.4.1 the VISION 20202040 document, including Multicounty Planning
Policies;
2.4.2 the carrying capacity of the land considering natural resources,
agricultural land and environmentally-sensitive lands;
2.4.3 population,housingsand employment projections;
2.4.4 financial capabilities and urban services capacities;
2.4.5 consistency and compatibility with neighborhood, local and regional
plans;
2.4.6 the existing land use and subdivision pattern.
2.5 The urban growth area in unincorporated portions of the County shall be limited
to the following:
2.5.1 build-out of existing partially developed areas with urbanservices;
2.5.2 new fully contained communities;
2.5.3 redevelopment corridors.
2.6 The County's urban growth area may be extended to allowforbuild-out of
newly developed areas only if developmentcapacity within municipal urban
growth boundaries and growth in the areas identified in Policy 2.5 is determined
to be inadequate to meet total population and employment projections consistent
with the other policies set forth herein.
2.7 Encourage efficient use of urban land by maximizing the development potential
of existing urban lands, such as advancingdevelopment that achieveszoned
density;
2.8 The municipal urban growth areas as well as unincorporated urban growth areas
not affiliatedwith a city or town, in existence prior to the adoption of VISION
2040 may containcapacity beyondthat needed to accommodate the growth
target per regional geography for the succeeding20-year planning period based
upon existingzoning designations,allowed density,existing land division
patterns, and similar factors. It is permissible for such areas to continue to be
designated as urban growth areas. Expansion of these urban growth areas
boundaries is acknowledged to be inconsistent with the CPPs and strongly
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discouraged if the urban growth area expansion is not in accordance with policy
AT-2.3.
Urban Public Services
UGA-3.Within thedelineated urban growth areas,the County,and each municipality in the
County,shall adopt measures to ensure that growth and development are timed and
phased consistent with the provision of adequate public facilities and services.
3.1 "Adequacy"shall be defined by locally establishedservice level standards for
local facilities and servicesboth on the site and off-site. For facilities and
services provided by other agencies,adequacy shall be defined by level of
service standards mutually agreed upon by the service provider and the
jurisdiction served. The definition of levels of service standards may allowfor
the phasing-in of such standards as may be provided in the capital facilities
element of Countyor municipal comprehensive plans.
3.2 "Public facilities" include:
3.2.1 Streets,roads, highways, sidewalks, street and road lighting systems,and
traffic signals
3.2.2 Domestic water systems
3.2.3 Sanitary sewer systems
3.2.4 Storm sewer systems
3.2.5 Park and recreational facilities
3.2.6 Schools
3.3 "Public services" include:
3.3.1 Fire protection and suppression
3.3.2 Law enforcement
3.3.3 Public health
3.3.4 Education
3.3.5 Recreation
3.3.6 Environmental protection
3.3.7 Other governmental services, including power,transit and libraries
3.4 Public Sanitary Sewer Service. The following policies shall be applicable to the
provision of public sanitary sewerservice in the County and its municipalities:
3.4.1 Relationship of Sewer Interceptors toComprehensive Plans. The timing,
phasing and location of sewer interceptor expansions shall be includedin
the capital facilities element of the applicable municipal or County
comprehensive plans and shall be consistent with Countywide Planning
Policies,the Urban Growth Area boundaries and the local comprehensive
land use plan. The phased expansions shall be coordinated among the
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County and the municipalities therein and shall give priority to existing
unserved urbanized areas within the Urban Growth Area except as
provided in 3.4.2 a.and b.below.
3.4.2 Public Sewer Interceptor and Service Extensions/Expansions:
a. Public sewer interceptors shall only extend or expandoutside of
Urban Growth Areas where:
i) sewer service will remedyground water contamination and
other health problems byreplacing septic systems,or
ii) a formalbinding agreement to service an approvedplanned
development was made prior to the establishment of theUrban
Growth Area,or
iii) an interceptor will convey wastewater originating within a
designated Urban Growth Area to sewerage facilities in
another designated Urban Growth Area,or
b. New sanitary sewer serviceinside Urban Growth Areas must follow
phasing of capital facilities as provided in the municipality's adopted
comprehensiveplan or any adoptedSewer Master Plan unless:
i) sewer service will remedy ground water contamination and
other health problems by replacing septic systems and
community on-site sewage systems,or
ii) a new municipality incorporates,or
iii) a formal binding agreement to service an approvedplanned
development was made prior to the establishment of the Urban
Growth Area;
iv) an interceptor will convey wastewater originating within a
designated Urban Growth Area to sewerage facilities in
another designated Urban Growth Area.
c. New sanitary sewer serviceconnections from interceptors shall not
be made available to propertiesoutside the Urban Growth Area
except as provided in(a)above.
d. Sanitary Sewer serviceshallnot be provided in areas designated
rural,"except as provided in 3.4.2(a)(i)(ii)
e. A sewer interceptoror trunk line constructed or planned for
constructionthrough a rural area to convey wastewater from a
designated Urban Growth Area to sewerage facilities in a designated
Urban Growth Area shall notconstitute a change of conditions that
can be used as the basis for a change in land use designation or
urban/rural designation,either for adjacent or nearby properties.
3.4.3 On-Site and Community Sewage Systems
a. In orderto protect the public health and safety of the citizens of
Pierce County and of the municipalities in the County,to preserve
and protect environmental qualityincluding,butnot limited to,water
quality and to protect aquifer recharge areas,to work toward the goal
of eliminating the development of new residential and commercial
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uses onon-site and community sewage systems within the urban
areas in the unincorporated County or within municipal boundaries
consistent with the Countywide Planning Policies,the County and
each municipality shall adopt policies on the use of on-site and
community sewage including:
i) the most current Tacoma-Pierce County Board of HealthLand
Use Regulations for On-Site and Community Sewerage
Systems
ii) policies which require connectionto sanitary sewers when they
are available in the following circumstances:
a) if a septic system fails,
b) for all new development except existing single-family
lots,
c) for development with dry sewer systems.
iii) if sewer service is notavailable,dry sewer facilities shall be
required.
b. New industrial development on community or on-site sewage
systems shall not be allowed in urban areas in the unincorporated
County or within municipal boundaries. Sanitary facilities necessary
for recreation sites may be exempt from this policy.
c. It is not the intent of these policies to require any individual property
owner on an existing,properly permitted and functioning septic
system to connect to a public sewer unless:
i) the septic system fails;
ii) or thesystemis not incompliance with the most current
version of the Tacoma-Pierce County Board of Health Land
Use Regulations or the current use of the property changes;
iii) or the density of development on the property increases;
iv) or the existing septic system was originally permitted as an
interim system to be abandoned when sewersbecame
available;
v) or a municipality had a mandatory policy.
3.4.4 Achieving an adopted Level of Sewer Service
a. The County,each municipality,and sewer providers shall work
together to achieve adopted levels of service for sewers. All sewer
service providers shall workwith municipalities to process sewer
permits in a manner that allowsmunicipalities to comply with
timelines imposedunder RCW 36.70B.080(1).
b. The County, each municipality, and their sewer providers shall
work to secure funding sources to achieve the adopted levels of
sewer service such as:
i) Grants
ii) Public WorksTrust Fund
iii) State Revolving Fund
iv) Centennial Clean Water Fund
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v) Municipally imposed surcharges to fund sewer
improvements in the jurisdictions where the surcharges are
collected.
3.4.5 The availability orpotential for availability of sewer treatment plant
capacity shall not be used to justify expansion of the sewer system or
development in a manner inconsistent with the Countywide Planning
Policy,Urban Growth Area boundaries and the applicable municipal or
County comprehensive land use plans.
3.5 Non-Municipal Service-Provision Entities
3.5.1 Specialpurpose districts shall conform their capital facility and service
plans so as to be consistent with the capital facility element of the County
or municipal comprehensive plans.
3.5.2 Where facilities and services will be provided by special purpose,
improvement or facility service provision entities, such entities shall
coordinate the provision of facilities and services with the County,and
each affected municipality in the County, so that new growth and
development is, in fact, served by adequate public facilities and services
at the time of development.
3.6 The County,and each municipality in the County, shall adopt plans and
implementation measures to ensure that sprawl and leapfrogdevelopment are
discouraged in accordance with the following:
3.6.1 urban growth within UGA boundaries is located first in areas already
characterized by urban growth that have existing public facility and
servicecapacities to servesuch development;
3.6.2 urban growth is located next in areas already characterized by urban
growth that will be served by a combination of both existing public
facilities and services and any additional needed public facilities and
services that are providedbyeither public orprivate sources;
3.6.3 "urban growth"refers to a predominance of areas or uses within the
Urban Growth Area which exhibit one or a combination of the following:
a. intensive use of land for buildings and structures;
b. high percentage of impermeable surfaces;
c. incompatibilitywith the primary use of land for the production of
food,other agricultural products or fiber,or the extraction of mineral
resources;
d. need for urban governmental services.
3.6.4 "Characterizedby urban growth"refers to:
a. land having urban growth on it;
b. land located in relationship to an area with urban growth on it as to
be appropriate for urban growth.
3.6.5 Urbangovernment servicesshall be provided primarily by cities and
urban government services shall not be provided in rural areas.
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3.7 Public facilities and services will be considered available "at the time of
development"as follows:
3.7.1 as to all public facilities and services other than transportation, if the
facility or service is in place at the time demand is created,or if the
County or municipality has made appropriate provision to meet the
demand for the public facility or service through one or more of the
following techniques:
a. inclusion of the public facility or serviceinthe applicable County or
municipal capital facilities plan element and specification of the full
source of the funding for such project;
b. impact fees;
c. required land dedication;
d. assessment districts;
e. usersfees and charges;
f. utility fees;
g. other.
3.7.2as to transportation facilities, if needed transportation improvements are
within the then existing 6-year capital facilities planelement and program,
but only if a specific financial commitment to the transportation
improvement project has been made.
3.7.3 public facilities and services will not be considered available at the time
of development unless they are provided consistently with the applicable
level of service standards adopted in the capital facilities element of the
Comprehensive Plan.
3.8 Public facility and service adequacy shall be determinedby the County,and
each municipality in the County, based upon:
3.8.1 the specific public facility or service;
3.8.2 the adopted or established level of service standard
a. established by each municipality for local facilities and services;
b. by mutual agreement between provider and municipality served for
other facilities and services;
c. established through interlocal agreements for cross jurisdictional
facilities and services.
3.8.3 the current usage of the existing public facilities and services,existing
development commitments and obligations,the vested or non-vested
status of pipeline approvals or existing lots of record,and new
developmentapplications.
3.8.4 where developmentprojects partially meet adequacy of public facilities
and services standards,development approvalmay be authorized for that
portion of the project that meetsthe adequacy standards or the project
may be phased to coincide with the phasing of future availability of
adequate public facilities and services.
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3.9 Facility and service provision/extensionto new development areas shall be
subject to the following:
3.9.1 imposition of requirement for payment of the full, but fair,share of costs
of needed facilities and services on the new development through:
a. impact fees;
b. assessment districts;
c. user fees andcharges;
d. surcharges;
e. dedication;
f. utility fees;
g. other,as appropriate.
3.9.2 consideration of the total impact of the facility or service extension on the
achievement of other policies,goals and objectives, in addition to the
impact on the area being served.
3.9.3 if necessary to minimize off-site impacts, specify that such service
extensions(e.g., sewer,water)are not subjectto connection by
intervening landowners.
Joint Planning
UGA-4.Joint planning. Joint planning between local governments can provide numerous
possible benefits, including butnot limited to:
More efficient delivery of services
Shared use of public facilities
Coordinated permitting processes
Cost-sharing for planning and construction of public facilities(e.g.,water, sewer
infrastructure,parks,etc.)
Consistent development standards
Shared regional data, including GIS data
Proactive identification of potential issues
4.1 Joint planning may be municipal-municipal as well as municipal-County. The
County and each municipality shall jointly plan for the designated urban growth
area of that municipality(outside of municipal corporate limits)and may include
municipal utility service areas. Joint municipal-municipal planning mayoccur
in those other areas where therespective jurisdictions agree such planning would
be beneficial.
4.2 Any jurisdiction initiating joint planning with one or moreother jurisdictions
shall do so bysubmitting a written proposal from its legislative authority to the
legislative authority of the other jurisdiction(s). In forming its proposal,the
initiatingjurisdiction should consider the Joint Planning Framework
recommendedby the Pierce County Regional Council,April 15, 1993,and
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adopted by Resolution No.R93-127 of the Pierce County Council,July 13,
1993. The proposal shall include, butnot be limited to,the following:
4.2.1 size of the proposed joint planning study area;
4.2.2 location of the proposed study area in relation tourban growth
boundaries;
4.2.3 description of the issues proposed to be addressed in the joint planning
process;
4.2.4proposed end-product of the joint planning process(e.g.,amendments to
comprehensive plans or implementing ordinances of each jurisdiction,
interlocal agreement,etc.);
4.2.5 proposed resources(e.g.,staff,funding,technology,etc.)to be provided
by the initiating jurisdiction toward completing the joint planning process;
4.2.6 evidence that notification of the joint planning process will be provided to
residents,property owners,businesses, service providers, special districts,
or other parties affectedby the proposed joint planning process.
4.3 A jurisdiction receiving a proposal for joint
municipal-Countyplanning requiredby these policies(see 4.1 above)shall
respond by either:
4.3.1 issuing a resolution of its legislative authorityindicating an intent to
enter into a joint planning process as proposed; or
4.3.2 entering into discussions with the proposing jurisdiction regarding
alternatives to joint planning proposal; or
4.3.3 proposing to Pierce County that the proposal be included as part of an
appropriate community planning process, if mutually agreeable to all
jurisdictions involved.
If at any time Pierce County receivesmore proposals for participation
in joint planning than its resources will provide,the County shall
forward the proposals to the Pierce County Regional Council (PCRC)
for consideration and a recommendation on prioritization based on
planning needs. The - - .. ' : . . PCRC) shall
consider proposals for joint planning that have been forwardedto them,
and prioritize the proposals according tothe probable benefitto the
County as a whole. Prioritization shall bebased on the information
includedin theproposal, plus other criteria agreed upon by the Pierce
PCRC). These criteria could include, but are
not limited to:
4.3.4 rate of growth in the proposed study area;
4.3.5 scope of existing municipal utility provision in the proposedstudy area;
4.3.6 existence of special districts serving both the proposed study area and
the municipality;
4.3.7 degree to which development standards or comprehensive plan policies
may differ between jurisdictions within the proposed study area;
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4.3.8 criteria 4.5.1 through 4.5.3 below.
4.4 When joint planning is required,the joint planning effort shall determine and
resolve issues including, butnot limited to,the following:
4.4.1 how zoning, subdivision and other land use approvals in designated urban
growth areas of municipalities will be coordinated;
4.4.2 how appropriate service level standards for determining adequacy and
availability of publicfacilities and services will be coordinated;
4.4.3 how therate,timing,and sequencing of boundary changes will be
coordinated;
4.4.4 how the provision of capital improvements to an area will be coordinated;
4.4.5 to what extent a jurisdiction(s)may exercise extra jurisdictional
responsibility.
4.5 Jointplanning may bebased upon factors including,but not limited to,the
following:
4.5.1 contemplated changes inmunicipal and specialpurpose district
boundaries;
4.5.2 the likelihood that development,capital improvements,or regulations will
have significant impacts across a jurisdictional boundary;
4.5.3 the consideration of how public facilities and services are and should be
provided and by which jurisdiction(s).
UGA-5.Urban Development Standards.
5.1 The provisions of this section shall apply to all municipalities and urban growth
areas located in the County.
5.2 The following development standards shall be the minimum required for urban
developments and shall apply to all new development inurban growth areas,
except as provided in Section 5.6 below.
5.2.1 Streets,Roads and Arterials. All public streets,roads,and arterials shall
be constructed to the minimum requirements outlined in the City and
County Design Standards adopted pursuant to RCW 35.78.030 and RCW
43.32.020. Curbs,gutters,and sidewalks will be required on both sides.
Private streets and roads may be approved, but shall be requiredto meet
these requirements.
5.2.2 Street Lighting. Street lighting shall be required at signalized
intersections. Street lighting in new subdivisions shall be provided at all
intersections controlled by a traffic signal or sign,andat certain road
corners,elbows,and cul-de-sacs. Installation and maintenance of street
lighting in subdivisions shall be the responsibility of the developer or
homeowner's association unless the local jurisdiction assumes
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responsibility. When ownership of thestreet lighting has not been
assumed by the local jurisdiction,the light standards shall be located on
private property.
5.2.3 DomesticWater. A domesticwater system must meet requirements
under RCW 70.119 and WAC 246-290 for group"A"systems,or the
functional equivalent.
5.2.4 Storm Water Facilities. A storm water drainage system shall be designed
and constructed in accordance with the Department of Ecology Storm
Drainage Technical Manual or a locally adopted storm water manual
approved by DOE.
5.2.5 Sanitary Sewer. (Refer to policy 3.4)
5.2.6 The County and each municipality shall develop policies that require
developers to extend sewers to their developmentsto design the facilities
to allow further extension to adjacent unsewered areas.
5.2.7 FireProtection. Fire protection and flow requirements shall be in
accordance with Pierce County CodeChapter 15.12.
5.2.8 Solid Waste and Recycling. Garbage pick-upshall be provided weekly,
and recycling and yard waste pick-up biweekly,consistent with federal
and state laws and regulations.
5.3 It is desired by the signatoriesto these policies that the following Urban
Development Standards be the minimum goals for urban developments in Urban
Growth Areas.
5.3.1 Street Cleaning. Standards for street cleaning shall be discussed and
should be developed,consistent with requirements of federal and state
water quality standards.
5.3.2 Transit. Urban transit service plans adopted by the Pierce County Public
Transit Benefit Authority.
5.3.3 Library. Appropriate jurisdictions should provide 450 square feet of
library space per 1,000 persons.
5.3.4Parks and Recreation. Provisions for parks at a level of 3.0 acres of
neighborhood/community parks per 1,000 population should be made for
all plats and shortplats as required by RCW 58.17. Such provision can be
made either through dedication to the public of land,or through provision
of funds,as mitigation,for park landpurposes.
5.4 All development within an urban growth area shall be provided services
pursuant to the provision of this agreement and the joint planning agreements
adopted pursuant to it. It is recognized that the County may provide certain
urbanservices within an Urban Growth Area,and that cities may provide certain
urban services within the same area,but outside their current municipal
boundaries.
5.5 The County andeach municipality shallenter into an interlocal cooperation
agreement providing for the approval and delivery of public facilities and
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services in the Urban Growth Area. Such further agreements shall include,
where appropriate,provisionsrelating to services such as law enforcement and
schools and the services of special purpose districts and other service providers.
5.6 Ordinances allowinglow impactdevelopment standards and create
environmentally-sensitive development shall be allowed as alternative
development standards. Any otherordinances allowing variances and deviations
to the urban development standards may be adopted by each responsible
jurisdictionfor those limited circumstances necessary to allow for recognition of
community plans and goals,recognized historic character,or special physical or
engineering circumstances,as long as such variances and deviations are
otherwise consistent with these policies. A legislative authority adopting a
variance or deviation to the minimum urban development standards under this
section must inform the Pierce County Regional Council (PCRC)of such
adoption.
UGA-6.The County andeach municipality shalladopt within their respective comprehensive
plans, policies to ensure thatdevelopment within the urban growth area uses land
efficiently,provides for a widevariety of uses,conserves natural resources,and allows
for the connection of communities to an efficient,transit-oriented, multimodal
transportation system. Policies shall:
6.1 provide for morechoices in housing types and moderate increases in density to
achieve at least an averagenet density of four units per acre;
6.2 support infill and compact development;and
6.3 provide for land uses that encourage travel by foot,bike and transit.
UGA-7.The County and each municipality shall provide for conveniently located,appropriately
scaled commercial development to serve the immediate local needs of the surrounding
community byencouraging revitalization of underused commercial areas before
establishing new areas.
UGA-8.The County and each municipality shall adopt plans to encourage concentrated
development within the urban growth area which will accommodate the twenty year
projected population and employment growth.
UGA-9.The County andeach municipality neighboring Joint Base Lewis-McChord should
develop planningprovisions, including development regulations that encourage
adjacent land uses that are compatible with military uses.
UGA-910. Satellite Cities and Towns are local focalpoints where people come together for a
variety of activities, including business, shopping, living and recreation. These cities
and towns mayinclude the core of small to medium sized cities and towns and may
also be located inunincorporated areas. Often Satellite Cities and Towns include a
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strong public presence because they are the location of city hall,main street and other
public spaces.
UGA-181. Satellite Cities and Towns will be characterized by a compact urban form that
includes a moderately dense mix of locally-orientedretail,jobs and housing that
promotes walking,transit usage and community activity.
101.1 Satellite Cities and Towns will be developed at a higher density than
surrounding urban and rural areas;
101.2 small scale forms of intensification such as accessory housingunits and
development of vacant lots and parking lotshelp achieve the qualities of centers
while preserving the neighborhood character.
UGA-142. At a minimum, Satellite Cities and Towns will be served by State Routes which
connectthem to other centers and to the regional high capacity transit system. In some
instances, Satellite Cities and Towns may have direct connections to the local public
transportation system.
OVERALL POLICIES FOR NON-INDUSTRIAL CENTERS
Vision Concepis and Principles
UGA-123.Centers shall be designated based upon the following:
123.1 consistency with specific criteria for centers adopted in the Countywide Planning
Policies;
123.2 the center's location in the County and its potential for fostering a logical and
desirable countywide transportation system and distribution of centers;
123.3 the totalnumber of centers in the County that can be reasonably developed based
on projected growth over the next twenty years;
123.4 environmental analysis which shall include demonstrationthat urban services
including an adequate supply of drinking water are available to serve projected
growth within the center and that the jurisdiction is capable of ensuring
concurrent urban services to newdevelopment;
123.5 if a jurisdiction designates a center, it must also adopt the center's designation
and provisions in its comprehensive plans and developmentregulations to ensure
that growth targeted to centersis achieved and urbanservices will be provided;
123.6 Centers shall be characterized by all of the following:
123.6.1 clearly defined geographic boundaries;
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123.6.2 intensity/density of land uses sufficient to support high-capacity
transit;
123.6.3 pedestrian-oriented land uses and amenities;
123.6.4 pedestrian connections shall be provided throughout;
123.6.5 urbandesignstandards whichreflect the local community;
123.6.6 provisions to reduce single-occupancy vehicle use especially during
peak hours and commute times;
123.6.7 provisions for bicycle use;
123.6.8 sufficient public open spaces and recreational opportunities;
123.6.9 uses which provide both daytime and nighttime activities;and
123.6.10 centers shall be locatedin urban growth areas.
UGA-134. Each jurisdiction which designates a center within its comprehensive plan shall
define the type of center and specify the exactgeographic boundaries of the center.
Centersshall not exceed oneand one-half square miles of land and Countywide
centers shall not exceed one square mile of land. Infrastructure and servicesshall be
either present and available or planned and financed consistent with the expected
rate of growth.
14.1 Infrastructure and services shall be either present and available or planned and
financed consistent with the expected rate of growth.
14.2 Priority for transportation and infrastructure funds shall be given to designated
centers.
DesignFeatures of Centers
UGA-145. The County and each jurisdiction that designates a center within its comprehensive
plan shallencourage density and development to achieve targeted growth.
145.1 Any of the following approaches could be used to implement center
development:
145.1.1 encouraging higher residential densities within centers;
145.1.2 avoiding creation of large blocks of single-use zones;
145.1.3 allowing for greater intensity of use within centers;
145.1.4 increasing building heights,greater floor/area ratios within centers;
145.1.5 minimizing setbacks within centers;
145.1.6 allowing buildings to locate close to street to enhance pedestrian
accessibility;and
145.1.7 encouraging placement of parking to rear of structures.
145.2 Designated centers are expected to receive a higher epetion significant share
of projected growth in conjunction with periodic disaggregation of countywide
population allocations.
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UGA-136. Centersshall provide necessary capital facilities needed to accommodate the
projected growth in population and employment. Facilities include,but are not
limited to,roads, sewers and other utilities, schools,parks,and open space. In order
toprovide balancebetween higherintensity of use within centers,public and/or
private open space shall be provided.
UGA-167. Streetscape amenities(landscaping,furniture,etc.)shall be provided within centers
to create a pedestrian friendly environment.
UGA-178. The following regulatory mechanisms shall be used within centers.
178.1 Adopt development standards that encouragepedestrian-scaled development
such as those that address:
178.1.1 interconnections between buildings and sidewalks;
178.1.2 pedestrian links between residential and non-residential areas;
178.1.3 street trees/furniture; and
178.1.4 minimizing separationsbetween uses.
Transportation, Parking and Circulation
UGA-159. To encourage transit use within centers,jurisdictions shall establish mechanisms to
limit the use of singleoccupancyvehicles. Such mechanisms should include:
1$9.1 charges for parking;
159.2 limiting the number of off-street parking spaces;
159.3 establishing minimum and maximum parking requirements;
159.4 commute trip reduction(CTR)measuresand other transportation demand
management measures;and
159.5 development of commuter programs for multiple employersnot otherwise
affected by the CTR law:;and
19.6 providing nonmotorizedtransportation facilities.
UGA-1-920.Centers should receive a high priority for the location of high-capacity transit
stations and/ortransit centers.
UGA-201. Locate higher densities/intensities of use close to transit stops within centers and
seek opportunities to:
201.1 create a core area tosupport transit and high occupancy vehicle use;
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201.2 allow/encourage all types of transit facilities(transit centers, bus pullouts, etc.)
within centers;and
201.3 establish incentives for developers toprovide transit and transportation demand
management supportive amenities.
UGA-2-1-2. Allow on-street parking within centers in order to narrow the streetscape,provide a
buffer between moving traffic and pedestrians,and provide common parking areas.
UGA-223. Provisions for non-motorizedtransportation shall be provided, including but not
limited to:
23.1 bicycle-friendly roadway design;
223.2 wider outside lane or shared parking/bike lanes;
223.3 bike-activated signals;
223.4 covered,secure bicycleparking at all places of employment;
223.5 bicycle racks;and
223.6 pedestrian pathways.
Implementation Strategies
UGA-234. Jurisdictions should considerincentives for development within centers such as:
234.1 streamlined permitting;
234.2 financial incentives;
234.3 density bonuses ortransfer of development rights;
234.4 usingSEPA Planned Action provisions to streamline environmental review by
conductingenvironmental analysis during planning and providing permit
applicants and public with more certainty of how impacts will be addressed;and
234.5 shared mitigation such as stormwater detention and joint parking.
UGA-25. Improve transit service efficiency through the development of transportation
infrastructure within and between countywide and regional centers.
UGA-26. Design roadway and nonmotorizednetworks to promote more and better utilize
transit services.
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METROPOLITAN CITY CENTER
VisionConcepts and Principles
UGA-257. Metropolitan City Centers function as anchors within the region for a high density
mix of business,residential,public,cultural and recreational uses,and day and night
activity. They are characterized by their historic role as the central business districts
and regional centers of commerce. Metropolitan City Centers may also serve
national orinternational roles.
Design
UGA-268. Metropolitan City Centers shallplan for a development pattern that will provide a
successful mix of uses and densities that will efficiently support highcapacitytransit
and shall plan to meet the following criteria:
268.1 a minimum of 50 employeesper gross acre of non-residential lands;
268.2 a minimum of 15 households per gross acre;
268.3 a minimum of 30,000 employees;and
268.4 not exceed a maximum of 1-1/2 square miles in size.
Transportation, Parking and Circulation
UGA-279. Metropolitan City Centers shall be planned to have fastand frequent high capacity
transit and other forms of transit.
UGA-30.A Metropolitan City Center shall meet at minimum the following criteria for
consideration as a candidate for countywide center:
30.1 Area: up to 1-1/2 square miles in size;
30.2 Capital Facilities: served bysanitary sewers;
30.3 Employment: a minimum of 25 employees per gross acre of non-residential
lands with a minimum of 15,000 employees;
30.4 Population: a minimum of ten households per gross acre;and
30.5 Transit: serve asa focal point for regional and local transit services.
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REGIONAL GROWTH CENTER
VisionConcepts and Principles
UGA-2531.Regional Growth Centers are locations that include a dense mix of business,
commercial,residential and cultural activity within a compact area. Regional
Growth Centers are targeted for employment and residential growth,and provide
excellent transportation service, including fast, convenienthigh capacity transit
service,as well as investment in major public amenities.
DesignFeatures of Centers
UGA-2932.Regional Growth Centers shall plan to meet the following criteria:
2932.1 a minimum of 25 employeesper gross acre of non-residential lands;and
2932.2 a minimum of 10 householdsper gross acre;and/or
2932.3 a minimum of 15,000employees;and
2932.4 not to exceed a maximum of 1-1/2 square miles in size:;and
32.5 planningpolicies recognizing the need toreceive a significant share o fthe
regional growth.
Transportation, Parkingand Circulation
UGA-303. Regional Growth Centers shallplan to havefast and frequenthighcapacity transit,
as well as other forms of transit.
UGA-34. A Regional Growth Center shall meet at a minimum the following criteria for
consideration as a candidate for countywide center:
34.1 Area up to 1-1/2 square miles in size;
34.2 Capital Facilities: served bysanitary sewers;
34.3 Employment: a minimum of 2,000employees;
34.4 Population: a minimum of seven households per gross acre;and
34.5 Transit: serve as a focal point for regional and local transit services.
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Urban Growth Areas
COUNTYWIDE CENTER
lion Concepts and Principles
UGA-35.Countywide Centers are local focal pointswhere people come together for a variety
of activities, including business, shopping, living and recreation. Thesecenters may
include the core of smallto medium-sized cities and may also be located in
unincorporated areas. Often Countywide Centers include a strong public presence
because they are the location of city hall,main street,and other public spaces.
Countywide Centers are also potentially candidates for designation as regional
centers.
DesignFeatures of Centers
UGA-326.Countywide Centersshall be characterized by a compact urban form that includes a
moderately dense mix of locally-orientedretail,jobs and housing thatpromotes
walking,transit usage and community activity.
326.1 Countywide Centersshall be developed at a higher density than surrounding
urban areas to take advantage of connecting centers.
326.2 Small-scale forms of intensification such as accessory housing units and
development of vacant lots and parking lots help achieve the qualities of centers
while preserving neighborhood character.
UGA-3-7.Countywide Centers shall plan for a development pattern that will provide a
successful mix of uses and densities that will efficiently support transit. Each
Countywide Center shall planto meet the following criteria:
337.1 a minimum of 15 employees per gross acre of non-residential lands;
337.2a minimum of 7 households per gross acre;
337.3 a minimum of 2,000 employees;and
337.4 not to exceed a maximum of 1 square mile in size.
Transportation, Parking and Circulation
UGA-348. At a minimum,Countywide Centersshall plan to be served by public transit and/or
ferries which connect them to other centers,to surrounding residential communities,
and to the regional highcapacitytransit system. Countywide Centers should have
direct connectionsto high capacity local and regionaltransit hubs.
UGA-39. Minimum criteria for designation as Countywide Center:
Ratification Date
106
RES.E
Urban Growth Areas
39.1 Area: up to one square mile in size;
39.2 Capital Facilities: served by sanitary sewers;
39.3 Employment: a minimum of 1,000 employees;
39.4 Population: a minimum of six households per gross acre; and
39.5 Transit: serve as a focal point for local transit services.
MANUFACTURING/INDUSTRIAL CENTER
Vision Concepts and Principles
UGA-3340.Manufacturing/Industrial Centers shall be locally determined and designated based
on the following steps:
3340.1 consistency with specific criteria for Manufacturing/Industrial Centersadopted
within the Countywide Planning Policies;
3540.2 consideration of theCenter's location in the County and region,especially
relative to existing and proposed transportation facilities;
3540.3 consideration of the total number of Manufacturing/Industrial Centers in the
County that are needed over the next twenty years based on projected need for
manufacturing/industrial land to satisfyregionalprojections of demand for
manufacturing/industrial land uses;
3340.4 environmental analysis which shall include demonstration that the jurisdiction
is capable of concurrent service to new development;and
3340.5 adoption within the jurisdiction's comprehensive plan of the center's
designation and provisions to ensure that job growth targeted to the
Manufacturing/Industrial Center is achieved.
DesignFeatures of Centers
UGA- 641. Manufacturing/Industrial Centersshall be characterized by the following:
3641.1 clearly defined geographic boundaries;
3641.2 intensity of land uses sufficient tosupportalternativestosingle-occupant
vehicle use;
3611.3 direct access to regional highway,rail,air and/or waterway systems for the
movement of goods;
Ratification Date
107
RES.E
Urban Growth Areas
3641.4 provisions to prohibit housing;and
3641.5 identified transportation linkages to high-densityhousing areas.
UGA 3742. Provisions to achieve targeted employment growth should include:
3742.1 preservation and encouragement of the aggregation of vacant land parcels
sized for manufacturing/industrial uses;
342.2 prohibition of land uses which are not compatible with
manufacturing/industrial,manufacturing/industrial supportive,and advanced
technology uses;
3712.3 limiting thesize and number of offices and retail uses and allowing only as
an accessory use to serve the needs of employees within centers;and
3742.4 reuse and intensification of the land.
Transportation, Parking and Circulation
UGA 38-13. Transportation network within Manufacturing/Industrial Centers should provide
for the needs of freight movement and employees by ensuring a variety of
transportation modes such as transit,rail,and trucking facilities.
UGA-3944. Thetransportation system within Manufacturing/Industrial Centers shall be built
to accommodate truck traffic and acceleration. Review of projectsshould
consider infrastructure enhancements such as:
3944.1 turn lanes and turn pockets to allow turning vehicles to moveout of through
traffic lanes;
3944.2 designing turn lanes with a width to allow freight vehicles to turn without
interrupting the flow of traffic in other lanes;
3944.3 designing the far side of intersections with acceleration lanes for trucking
vehicles and heavy loads to facilitate traffic flow;
3944.4 constructing climbing lanes where necessary to allow for slow moving
vehicles;
3914.5 providing off-street truck loading facilities to separate goods loading and
unloading;and
3944.6 arterial grade separations with railfreight and designation of Heavy Haul
corridors or truckonly lanes.
Ratification Date
108
RES.E
Urban Growth Areas
Implementation Strategies
UGA-405.All jurisdictions will support transportation capital improvement projects which
support access and movement of goods to Manufacturing/Industrial Centers.
UGA-44-6.Jurisdictions having a designated Manufacturing/Industrial Center shall:
446.1 plan for and fund capital facility improvement projects which supportthe
movement of goods;
44-0.2 coordinate with utility providers to ensure that utility facilities are available to
serve such centers;
46.3 providebuffers around thecenter to reduce conflicts with adjacent land uses;
446.4 facilitate land assembly;
440.5 assist in recruiting appropriate businesses;and
46.6 encourage employersto participate incommute trip reduction program.
UGA-47. A Manufacturing/Industrial Center shall meet at a minimum the following criteria
for consideration as a candidate for Countywide Center:
47.1 Capital Facilities: served by sanitary sewers,
47.2 Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day; and
47.3 Transportation: within one mile of a state or federal highway or national rail
line.
Prioritization of Funding for Centers
UGA-48. Regional and countywide transportation and economicdevelopment funds should be
prioritized for centers and transportation and infrastructureservicing centers in
Pierce County that have been designated regionally; it is also appropriate for
countywide and local funding to be directedto centers and transportation and
infrastructureservicing centers designated exclusively at the countywide level or
identified locally by a jurisdiction.
Ratification Date
109
RES.E
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RES.E
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4773
Date:
November 15, 2011
Department:
Planning and Development
Attachments:
Resolution No. 4773 and Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4773.
Background Summary:
The Pierce County Countywide Planning Policies (CPPs) were amended in 2009 to
allow for a process to designate new Candidate Regional Centers. When the CPPs were
originally adopted in 1992, six Regional Growth Centers were identified. There are three
proposed Candidate Regional Centers:
· Cities of Sumner and Pacific for a new Manufacturing and Industrial Center
· City of Tacoma for a new Manufacturing and Industrial Center
· City of University Place for a new Regional Growth Center
The three jurisdictions submitted their applications to the Pierce County Regional
Council (PCRC) and those were forwarded to the Growth Management Coordinating
Committee (GMCC) for review. After reviewing the applications against the criteria
outlined in the CPPs, the GMCC made its recommendation of approval on January 27,
2011 and forwarded that recommendation to the PCRC. The PCRC reviewed the
proposals and recommended approval of the proposals in three separate motions on
March 17, 2011.
As the first step in the ratification process, the Pierce County Council adopted Ordinance
No. 20001-35s on August 9, 2011 and forwarded the approved amendments to the
Pierce County cities and towns for ratification. The amendments to the CPPs become
effective when 60 percent of the jurisdictions in Pierce County representing 75 percent of
the total population adopt the amendments. This threshold correlates to 14 cities and
towns and Pierce County representing a minimum of 601,612 people.
AUBURN * MORE THAN YOU IMAGINEDRES.F
The Planning and Community Development Committee reviewed Resolution No. 4773
and recommended approval to the full City Council at their November 14, 2011 meeting.
O3.4.1
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal
Councilmember:Norman Staff:Snyder
Meeting Date:November 21, 2011 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F
RESOLUTION NO. 4 773
A RESOLUTION OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AND AUTHORIZING
EXECUTION OF THREE INTERLOCAL
AGREEMENTS WITH PIERCE COUNTY, THEREBY
AMENDING THE PIERCE COUNTY COUNTYWIDE
PLANNING POLICIES DESIGNATINGTHREE NEW
CANDIDATEREGIONAL CENTERS
WHEREAS, on July 1, 1990, theGrowth ManagementAct (the GMA) became
effective (Chapter 36.70A Revised Code of Washington); and
WHEREAS, the Growth Management Act requires Counties, Cities, and Towns
to plan for housing affordable to all economic segmentsof thepopulation; and
WHEREAS, on January 31, 1995, thePierce County Council passed Resolution
R95-17 affirming the commitment of the County to continue discussions with other local
jurisdictions to resolve implementation of the Growth ManagementAct; and
WHEREAS, thePierce County Countywide PlanningPolicies are written policy
statements which are tobe used solely for establishing a countywideframework from
which the County and Municipal comprehensive plans are developed and adopted; and
WHEREAS, thePierce County Countywide PlanningPolicies wereamended in
2009 to allow for a process to designate new Candidate Regional Centers; and
WHEREAS, theCity participated in the amendment process and helped develop
the proposed Pierce County Countywide Planning Policiesthroughparticipation in
Pierce County's Growth Management Coordinating Committee (GMCC), a staff level
committeethat reviews amendments to thePierceCounty Countywide Planning
Policies and makes recommendations to the Pierce County Regional Council (PCRC);
and
Resolution No. 4773
November 14, 2011
Page 1 of 3
RES.F
fir' •1' _. r tl.
WHEREAS, the Cities of Sumner,:and, Pacific':submitted an application to the
Pierce County Regional Council (PCRC), for designation of a Candidate Regional
Industrial/Manufacturing Center; and
WHEREAS, the City of Tacoma submitted an application to thePierceCounty
Regional Council (PCRC) for designation of a Candidate • Regional
Industrial/Manufacturing Center; and
WHEREAS, theCity of University Place submitted an application-to the PCRC for
designation as a Candidate Regional Growth Center; and
WHEREAS, the PCRC recommendedadoption of the proposedamendments to
the,Pierce County Countywide PlanningPolicies on March 17, 2011; and
WHEREAS, the Pierce County Council adopted Ordinance No. 2011-35s on
August 9, 2011; and
WHEREAS;--amendments to the Pierce CountyCountywide PlanningPolicies
must be adopted through amendment of theoriginalinterlocal agreement or by a new
interlocal agreement ratified, by '60 percent of member jurisdictions in Pierce County
representing 75 percent of the totalpopulation; and
WHEREAS, an interlocal agreement titled "Amendments to the Pierce County
Countywide Planning Policies" was developed for the purpose of 'implementing the
recommended amendments.
NOW, THEREFORE, THE. CITY COUNCIL OF THE CITY OF AUBURN
HEREBYRESOLVES as follows:
Section 1. The amendments to the Pierce County Countywide Planning
Policies are attached as Exhibit A tothis Resolution.
Resolution No. 4773
November 14, 2011
Page 2 of 3
RES.F
Section 2. The Mayor is authorized to execute the interlocal agreement for the
purpose of amending the Pierce County Countywide PlanningPolicies in accordance
with the requirements of theInterlocal Cooperation Act of 1967, Chapter 39.34 RCW.
Section 3. That a copy of the resolution and signed interlocalagreements
authorizingapproval shall be provided to Pierce County.
Section 4. Thatthe Mayor is authorized to implement such administrative
procedures as may be necessary to carryout the directives of this legislation.
Section 5. Thatthis Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and signed this day of 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
0
APPRSVED = • FORM:
0A1.A A
D- 'elB. He''' 7n
Resolution No. 4773
November 14, 2011
Page 3 of 3
RES.F
Exhibit A to Resolution No. 4773
1'
016' ' 0/p(l/)
Pierce County Regional Council n I 0 r,`1/
2401 South 35th Street, Room 228
Washington 98409
253) 798-7156
September 30,2011
TO: Pierce County City and Town Mayors and Councilmembers
Pierce CountyRegional Council Members(PCRC)
Pierce County City and Town Clerks
SUBJECT: Interlocal Agreement-Amendments to the Pierce County Countywide Planning
Policies—Candidate Regional Centers
The Pierce County Regional Council (PCRC)recommended the attachedamendments to the Pierce
CountyCountywide Planning Policies. As the first step in the ratification process the Pierce
County Council adopted Ordinance No.2011-35s on August 9,2011. This action signifies Pierce
County's approval of the proposed amendmentto designate three new candidateregional centers
into the Pierce County CountywidePlanning Policies(CPPs)and authorizesthe Pierce County
Executive toexecute interlocal agreements with the Cities and Towns of Pierce County to ratify the
proposal. This correspondence is the official transmittal of the PCRC's recommendation to amend
the PCCs and request for ratification of the proposal.
The proposal isthe designation of three new candidate regional centers in the Pierce County
Countywide Planning Policies. Thenew regional centers include l)the Sumner-Pacific •
Manufacturing/Industrial Center,2)the South Tacoma Manufacturing/Industrial Center,and 3)the
University Place Regional Growth Center. If theseareas are adopted as regional centers in the
CPPs,the jurisdictions havethe opportunityto submit an application to the Puget Sound Regional
Council(PSRC)for regional center designation in VISION 2040. Until a regional-level
designation is approvedbyPSRC,the centers shall be considered a"candidate"regional center.
In approving itsrecommendationthePCRC took action to adopt the requested regional center
designations in three separate motions. This approach provides your jurisdiction the opportunity
to approve each of the three candidate regional centers independently. Accordingly,attachedis
an interlocal agreement for each of the threeproposed centers. While each of these agreements
must be signed to signify your jurisdiction's approval,your Council may pass one ordinance or
resolution to direct your respective jurisdiction's agent to sign each of the interlocal agreements.
ThePierce CountyOrdinance which includes the interlocal agreement and amendments tothe
Countywide Planning Policies and an explanatory sheetare included for your convenience.
The Pierce County CountywidePlanning Policies shall be ratified and become effective when60
percent of the jurisdictions in Pierce County representing 75 percent of the total population adopt
the amendments. This threshold correlates to 14 cities and towns and Pierce County representing a
minimum of 601,612people(based on 2011 OFM estimate).
Please expedite the passage of the interlocal agreements through your respective legislative bodies.
After ratification byyour juuisdiction,please send two original signed copies of the interlocal
agreement anda copy of your resolution,ordinance,or meeting minutes authorizing approval to
RES.F
Memo re: Candidate Regional Centers
September 30,2011
Page 2
Pierce County Planning and Land Services,Attention: Toni Fairbanks,2401 S.35th Street,Room
228,Tacoma,WA 98409. One copy will be returned to your jurisdiction after it has been signed
by the Pierce CountyExecutive.
Thank you for your assistance. If you have anyquestions,please contact Dan Cardwell at 253-798-
7039 (dan.cardwell a co.pierce.wa.us)or me at 253-798-7156(toni.fairbanks@co.pierce.wa.us).
Sincerely,
dki q110-(mh-4,L‘
Toni Fairbanks
Clerk,Pierce County Regional Council
N1LongRange planninglAD\IIMPCROccantysside planningparcies120I1 1Cendtdate_Regionil_Centess OrditunceUWi&tionLLETTEKlntelocalAgrcemmtdoc
Enclosures
c. Growth Management Coordinating Committee
RES.F
PIERCE COUNTY REGIONAL COUNCIL
INTERLOCAL AGREEMENT
AMENDMENTS TO THE PIERCECOUNTY
COUNTYWIDE PLANNING POLICIES
ATTACHEDTO THIS COVER SHEET ARE:
A copy of the County's Ordinance authorizing execution of the interlocal agreements
and thereby ratifying the amendments to the Pierce CountyCountywidePlanning
Policies(CPP).
o A copy of the interlocal agreement showingthe amendmentsto the CPP as approved by
the PCRC in Attachment.
WHAT YOU HAVE TO DO:
1. Develop a similar ordinance or resolution in whatever form is used by your jurisdiction. It
is not necessary for everyone to adopt identical documents.
2. For the Candidate Regional Centeramendment package only,jurisdictions have the ability
to approve each of the threecandidate regional centers independently. Consequently,a
jurisdiction may approve/ratify only one of the three proposed Candidate Regional Centers.
Attachments to theordinance/resolution needto include: 1)each of the interlocal
agreements and 2)the Candidate Regional Center Amendment.
3. Have yourCouncil vote on the ordinance/resolution.
4. Have the authorized agents for your jurisdiction sign the interlocal agreement(s).
5. Submit two original copies of your signed resolution/ordinance and each interlocal
agreement to Toni Fairbanks,Pierce CountyPlanning and LandServices,2401 S. 35th
Street,Room 228,Tacoma,WA 98409.
WHAT HAPPENS NEXT:
Once ordinances/resolutions and interlocal agreements are approved by 60%of the jurisdictions
representing 75%of the population in the County,the amendments will become effective. This
threshold correlates to 14 cities and towns and Pierce County representing a minimum of 601,612
people(based on 201 I OFM estimate).
N:\Long Range Planning\ADM1N\PCRC\county-Wide planning policies\2011\Candidate Regional Centers_Ordinance\
Ratifiction\Interlocal Agreement Explanatory Sheet.doc
RES.F
1 Sponsored by: Councilmember Rick Talbert
2 Requested by: Executive/Planning and Land Services
3
4
5
6
7
8 ORDINANCE NO. 2011-35s
9
10
11 An Ordinance of the Pierce County Council Acknowledging its Approval of
12 a ProposedAmendment to Designate Three New Candidate
13 Regional Centers in the Pierce CountyCountywide Planning
14 Policies as Recommended by the Pierce County Regional
15 Council; Authorizing the Pierce County Executive to Execute
16 Interlocal Agreements with the Cities and Towns of Pierce
17 County toRatify the Proposed Amendments; Amending
18 Chapter 19D.240 of the Pierce County Code, "Pierce County
19 Countywide Planning Policies," upon Ratification; and
20 Adopting Findings of Fact.
21
22 Whereas, the Pierce County Regional Council (PCRC)was created in 1992 by
23 interlocal agreement among thecities and towns of PierceCounty and PierceCounty
24 Government(the County), and chargedwith responsibilities, including: serving asa
25 ' local link to the Puget Sound Regional Council, promoting intergovernmental
26 cooperation, facilitating compliance with the coordination and consistencyrequirements
27 ' of the Growth Management Act(Chapter 36.70A. RCW)andthe Regional
28 Transportation PlanningOrganization (Chapter 47.80 RCW), and developing a
29 consensus among jurisdictions regardingthe development and modification of the
30 Pierce County Countywide PlanningPolicies; and
31
32 Whereas, the PierceCountyCountywide Planning Policies(CPPs)are written
33 policy statementswhich are to be used solely for establishing a countywide framework
34 from which the County and municipal comprehensive plans are developed and adopted;
35 and
36
37 Whereas, the framework is intended to ensure that the County and municipal
38 I comprehensive plansare consistent; and
39
40 Whereas, the County adopted Its initial CPPs onJune 30, 1992; and
41
A2 Whereas, sixRegional Growth Centers were identified in theinitial Pierce
43 County CPPs; and
44
45
Ordinance No. 2011-35s Pierce
Te
Co
Ave
County Councilncil
1046
Page 1 of 4 Tacoma,WA 9x402
RES.F
11 Whereas, the Pierce County CPPs were amended in 2009 to allow for a process
2 to designate new Candidate RegionalCenters; and
3
4 Whereas, a local Jurisdiction may submit a Candidate Center, as designated in
51 the PierceCountyCPPs, to the Puget Sound Regional Council for consideration to
6 receive designation as a Regional Center throughVISION 2040; and
7
8 Whereas, the Cities ofSumner and Pacific submitted an application to thePCRC
9 ; for designationof a Candidate Regional Industrial/Manufacturing Center; and
10
11 Whereas, the City of Tacomasubmitted an applicationto the PCRC for
12 designation of a Candidate Regional Industrial/Manufacturing Center; and
13
14 Whereas, the City of University Place submitted an application to the PCRC for
15 ! designation of a Candidate Regional Growth Center; and
16
17 Whereas, the PierceCounty Growth Management Coordinating Committee
181 (GMCC) Is a technical subcommittee to the Pierce County Regional Council (PCRC),
19 and the GMCC includes staff representatives from the County and the cities and towns
20 within Pierce County; and
21
22 Whereas,the GMCC reviewed the submitted applications for completeness and
23 consistency withPierceCountyCountywide Planning Policies; and
24
25 Whereas, the GMCC recommended approval of thesubmitted applications to the
26 PCRC at its January 27, 2011 meeting; and
27
28 Whereas, the PCRCthought it was appropriate to allow jurisdictions to consider
29 approval of the proposed RegionalCenters independently; and
30
31 Whereas, thePCRC, basedupon the recommendation from the GMCC and its
32 own discussions, recommended approval of theproposals in three separate motions at
33 its March 17, 2011 meeting; and
34
35 j Whereas, amendments to the Pierce County Countywide Planning Policies must
36 i be adopted through amendment of the original interlocalagreement or by a new
37 I interlocal agreement ratified by 60 percent ofmemberjurisdictions in Pierce County
38 representing 75 percent of the total population; and
39
40 Whereas, an Interlocal Agreement entitled "Amendments to the PierceCounty
41 Countywide Planning Policies'was developed for thispurpose, and included the
42 recommended amendments to the PierceCounty Countywide Planning Policies as an
43 attachment; and
44
45
Ordinance No. 2011-35s Pierce County Council
Page 2 of 4 930 Tecoma Ave
ma.WA 98402 ///
RES.F
1
1 Whereas, the Pierce County Planning Commission, at its May 24, 2011, regular
2 public hearing, reviewed the proposedamendments to the PierceCountyCountywide
3 ; Planning Policies and recommended approval; and
4
5
I
Whereas, an environmental review of the proposed amendmentsto the Pierce
6 1 County CountywidePlanning Policies wasconductedpursuant to Chapter 43.21C and
7 I an Determination of Nonsignificancewas issued on June 21, 2011; and
8
9 Whereas, after a properly noticed public hearing, the CommunityDevelopment
10 Committee of the Pierce CountyCouncil considered oral and written testimony and
11 forwarded its recommendation to the full County Council; and
12
13 Whereas,the County Council held a public hearing on July 19, 2011,where oral
14 1 and written testimony wasconsidered; and
15
16 Whereas, the County Council finds that it Is in the public interest to authorize the
17 Pierce County Executive to execute the interlocalagreement; Now Therefore,
18I
191 BE IT ORDAINED by the Council of Pierce County:
20 i
21 I Section 1. The Pierce County Council acknowledges its approval of the
22 amendments to the Pierce County Countywide Planning Policiesrecommended bythe
23 Pierce County RegionalCouncil, whichareattached as Exhibit A and incorporated
241 herein by reference,
25
26 Section 2. ThePierce County Council authorizesthe PierceCounty Executive to
27 execute thethree interlocal Agreements, attached as Exhibit B, Exhibit Cand Exhibit D
28 and incorporated herein by reference, therebyratifyingthe attached amendments to the
29 Pierce County Countywide Planning Policiesand amending Chapter 19D.240 of the
30 Pierce County Codeas recommended by the Pierce County Regional Council.
31
32
1
Ordinance No. 2011-35s Pierce CountyaptsCo
1nocil
Page 3 of 4 Tacoma,WA 98402
RES.F
1 Section 3. ThePierce County Council adopts Findings of Fact as shown in
2 Exhibit E,which is attached and incorporated herein by reference.
3
4 PASSED this
gqi-
day of / A to 1 , 2011.
6 ATTEST: PIERCECOUNTYCOUNCIL
7 j Pierce County, Washington
a
s
Johnso RogerBush11DIseD. J g
12 i Clerk of the Council Council Chair
13
14 411P) CAP
15• aft./
16 Pat McCarthy
17 Pierce County Eyecutive
18 Approved V Vetoed this
19 day of
20 2011.
21
22 Date of Publication of
23 Notice of Public Hearing•.it "IvA I i
241
251 Effective Date of Ordinance: IN)cr. 1
a°\l
Ordinance No.2011-35s Pierce County Council
Page 4 of 4 930 Tacoma ma WA 08402
RES.F
1 ExhibitA to Ordinance No. 2011-35s
2
3
4
5
6 Proposed Amendment
7 to the
8 Pierce County Countywide Planning
9 to
10 Incorporate New Candidate Regional Centers
Exhibit A to Ordinance No. 2011-35s PierceCountyCouncil
930Tacoma Ava S.Rm 1046
Page 1 0 5 Tacoma,WA 98402
RES.F
Pierce County Countywide Planning Policies.The"clean" language below assumes the proposedVISION
2040Consistencyamendments are ratified.
1
2 Centers
3
4 Centers are to be areas of concentrated employment and/or housing within UGAs which serve as the
5 hubs of transit and transportation systems. Centers and connecting corridors are integralto creating
6 compact urban development that conserves resources and creates additional transportation,housing,
7 and shopping choices. Centers are an important part of the regional strategy(VISION 2040)for
8 urban growth and are required to be addressed in the Countywide Planning Policies. Centers will
9 become focalpoints for growth within the county's UGA and will be areas where public investment
10 is directed.
11 I
12 Centers are to:
13
14 • be priority locations for accommodating growth;
15 • strengthen existing development patterns;
16 • promote housing opportunities closeto employment;
17 • support development of an extensive multimodal transportation system which reduces
18 dependency on automobiles;
19 • reduce congestion and improve air quality;and
20 • maximize the benefit of public investment in infrastructure and services.
21
22 VISION 2040,the adopted regional growth strategy, identifies several centers as an integral feature
23 for accommodatingresidential and employmentgrowth. Thestrategy describes Regional Growth
24 Centers,and other centers thatmay be designated through countywide processes or locally.
25 Regional Growth Centers once regionally designated are located either in Metropolitan Cities,or in
26 Core Cities. VISION 2040 also identifies Manufacturing/Industrial Centers,which consist
27 primarily of manufacturing and industrial uses. Pierce County has five Regional Growth Centers
28 and two Manufacturing/Industrial Centers that have been adopted into the regionalgrowth strategy.
29 Pierce County Regional Growth Centers are located in Tacoma,which is a Metropolitan City,and
30 in Lakewood and Puyallup,which are Core Cities, .
31
32 Regional Growth Centers in the Metropolitan City
33 Tacoma CentralBusiness District
34 Tacoma Mall
35
36 Regional Growth Centers in Core Cities
37 Lakewood
38 Puyallup Downtown
39 Puyallup South Hill
40
41 Currently there are no designated Countywide Centers.
42
43 Manufacturing/Industrial Centers are areas whereemployee-or land-intensive uses will be located.
44 These centers differ from Regional Growth Centers in that theyconsist of an extensive land base
45 and the exclusion of non-manufacturing or manufacturing-supportive uses is an essential feature of
46 their character. These areasare characterized by a significant amount of manufacturing,industrial;
Exhibit A to Ordinance No.2011-35s Pierce County Council
Page 2 of 5 030 Tacoma Avo
WAm98402
f(
RES.F
Pierce CountyCountywide Planning Policies.The"clean"languagebelowassumes theproposedVISION
2040 Consistencyamendments areratified.
1 and advanced technology employment uses. Large retail and non-related office uses are
2 discouraged. Other than caretakers'residences,housing is prohibited within
3 Manufacturing/Industrial Centers. However,these centers should be linked to high densityhousing
4 areas by an efficientmultimodal transportation system. The efficiency of rail and overland freight
5 tomarkets is the critical element for manufacturers and industries located in these centers.
6
7 The designated Manufacturing/Industr•ial Centers,within Pierce County are as follows:
8
9 Manufacturing/Industrial Centers
10 Frederickson
11 Port of Tacoma
12
13 Within Pierce County,a limited number of additional centers may be designated through
14 amendment of the CountywidePlanning Policies consistent with the process below.
15
16 Designated centers may vary substantially in the number of households and jobs theycontain today.
17 The intent of the CountywidePlanning Policies is thatRegional Growth Centers become attractive
18 places to live and work,while supporting efficient public servicessuch as transit and being
19 responsiveto the local market for jobs and housing.
20
21 The Countywide Planning Policies establish target levels for housing and employment needed to
22 achieve the benefit of a center. Some centers will reach these levels over the next twenty years,
23 while for others the criteria set a path for growth over a longer term,providing capacity to
24 accommodate growth beyond the twenty year horizon.
25
26 County-LevelCenters Designation Process
27 The County and any municipality in the County that is planning to include a Metropolitan City28Center,RegionalGrowth Center,Countywide Center or Manufacturing/Industrial Center within its
29 boundariesshall specifically define the area of such center within its comprehensiveplan. The
30 comprehensive plan shall include policies aimed at focusing growth within thecenter and along
31 corridors consistent with the applicable criteria contained within the Countywide Planning Policies.
32 The Countyor municipality shall adopt regulations that reinforce thecenter's designation.
33
34 No more often than once every two years,the Pierce County Regional Council(PCRC)shall invite
35 jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as
36 centers in the Countywide Planning Policies to submit a request for such designation. Said request
37 shall beprocessed in accordance with established procedures for amending the Countywide
38 PlanningPolicies.
39
40 Each jurisdiction seeking to have a center designated in the Countywide Planning Policies shall
41 provide the PCRC with a report demonstrating that theproposed center meets the minimum criteria
42 for designation together with a statement and map describing thecenter,its consistency with the
43 applicable CountywidePlanning Policies,and how adopted regulations will serve the center.
44
45 Transit services shall be defined in the broadest sense and shall include local and regional bus
46 service,rail whereappropriate,vanpool,carpool,and other transportation demand measures
47 designed to reduce vehicle trips.
Exhibit A to Ordinance No. 2011-35s Pierce County Council
Page 3 of 5
830Tacan,a WA9802
RES.F
Pierce CountyCountywide Planning Policies. The"clean"language below assumes theproposed VISION
2040 Consistency amendments are ratified.
1
2 The minimum designation criteria to establish a candidatecenter bytype are as follows:
3
4 Metropolitan City Center
5 Area: up to 1-1/2 square miles in size;
6 Capital Facilities: served by sanitary sewers;
7 Employment: a minimum of 25 employees per gross acre of non-residential lands with a
8 minimum of 15,000 employees;
9 Population: a minimum of ten households per gross acre;and
10 Transit: serve as a focal point for regional and localtransit services.
11
12 Regional Growth Center
13 Area: up to 1-1/2 square miles in size;
14 Capital Facilities: served by sanitary sewers;
15 Employment: a minimum of 2,000 employees;
16 Population: a minimum of seven households per grossacre;and
17 Transit: serve as a focal point for regional and localtransit services.
18
19 Countywide Center
20 Area: up to onesquare mile in size;
21 Capital Facilities: served by sanitary sewers;
22 Employment: a minimum of 1,000 employees;
23 Population: a minimum of 6 householdsper gross acre; and
24 Transit: serve as a focal point for local transit services.
25
26 Manufacturing/Industrial Center
27 Capital Facilities: served by sanitary sewers;
28 Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day;and
29 Transportation: within one mile of a state orfederal highwayor national rail line.
30
31 The minimum criteria report and statementshall be reviewed by the Growth Management
32 Coordinating Committee(GMCC)for consistency with Countywide PlanningPolicies,the
33 Transportation Coordination Committee for consistency with transportation improvements plans of
34 WSDOT,and with Pierce Transit's comprehensive plan. Thecoordinating committees shall
35 provide joint recommendation to the PCRC.
36
37 Once included in the Countywide PlanningPolicies,the jurisdiction where a centeris located may
38 go on to seek regional designation of the center from the PugetSound Regional Council(PSRC)in
39 accordance with its established criteria and process.
40
41 In orderto be designated a Regional Growth Center the center should meet the regionalcriteria and
42 requirements including those in VISION 2040,the regional growth,economic and transportation
43 strategy as may be amended and designated by the PugetSound Regional Council.
44
45 After county-level designation occurs within the Countywide PlanningPolicies and until regional-
46 leveldesignation by the PSRC occurs the center shall be considered a"candidate"Regional Growth
47 Center.
Exhibit A to Ordinance No. 2011-35s Pierce County Council
Page 4 of 5 930 TacoTacma
WAm98402
RES.F
Pierce County Countywide Planning Policies. The"clean" language belowassumesthe proposed VISION
2040 Consistency amendments are ratified.
2 Each jurisdiction which designates a Regional Growth Center shall establish 20-year household and
3 employment growth targets for that Center. The expected range of targets will reflect the diversity
4 of the various centers and allow communities to effectively plan for needed services. The target
5 ranges not only set a policy for the level of growth envisioned for each center,but also for the
6 timing and funding of infrastructure improvements. Reaching the target ranges will require careful
7 planning of public investment and providing incentives for private investments.
9 Three candidate regional cente_I.i been included_mtothe Countywide Planning:Policies :One:o
10 tl a candtdate centers is aRegional Growthgentei;andtwo candidatO centers are
11 Manufactucng/Iridustrial CentOrs
12
13 Candidate:Regional Centers
14 .0iWritbkfiglAW.ifitandidate Regional Grov th Center
15 Sumner?acific °Candtclate Industual/Mai ufacturulg Cente
16 uth Tacoma Candid'_afe=Irid'ustrial/Maiufacturtng Centex
17
18
Exhibit A to Ordinance No. 2011-35s Pierce County Council
930 Tacoma Ave S.Rm 1046
Page 5 of 5 Tacoma,WA 98402
RES.F
1 Exhibit B to Ordinance No. 2011-35s
2
3
4 INTERLOCAL AGREEMENT
5
6 AMENDMENTS TO THE PIERCE COUNTY
7 COUNTYWIDE PLANNINGPOLICIES
8
9 This agreement is entered intobyandamong thecities and towns of Pierce County and
10 Pierce County. This agreement is made pursuantto the provisions of the Interlocal
11 Cooperation Actof 1967, Chapter 39.34 RCW. This agreement hasbeen authorizedby
12 thelegislativebodyof each jurisdictionpursuant to formalaction andevidenced by
13 execution ofthe signature page of this agreement.
14
15 BACKGROUND:
16
17 A. ThePierce County RegionalCouncil (PCRC) wascreated in 1992 by interlocal
18 agreement among the cities and towns of Pierce County and Pierce County. The
19 organization is charged with responsibilities, including: serving as a local link to 1
20 the PugetSound Regional Council, promoting intergovernmental cooperation,
21 facilitatingcompliance withthe coordination and consistency requirementsof the
22 Growth Management Act(Chapter 36.70A RCW) and theRegional
23 Transportation Planning Organization (Chapter 47.80 RCW), and developing a I
24 consensus among jurisdictions regardingthe development and modification of
25 the Countywide Planning Policies. i
26
I
27 B. The Pierce County Countywide Planning Policies provide for amendments to be j
28 adoptedthrough amendment of the original interlocalagreement or by a new
29 interlocal agreement. ThePierceCounty Countywide PlanningPolicies maybe
30 amended upon the adoption ofamendments by the PierceCounty Council and
31 ratification by 60 percent of the jurisdictions in PierceCountyrepresenting 75
32 percent of the total Pierce Countypopulation as designated by the State Office of
33 Financial Management atthetime of the proposedratification.
34
35 C. Theamendment is based onan application fromthe Cities of Sumner and Pacific
36 tothe Pierce County Regional Council for designationof a Candidate Regional
37 Industrial/ManufacturingCenter in thePierce CountyCountywide Planning
38 Policies.
39
40 D. The Pierce CountyRegionalCouncil recommended adoption of the proposed
41 amendment on March 17, 2011.
42 1
43 PURPOSE:
4445 Thisagreement is entered intoby the cities and towns of PierceCounty and Pierce46CountyforthepurposeofratifyingandapprovingtheattachedamendmenttothePierce
47 County CountywidePlanning Policies (Attachment).
Exhibit B to Ordinance No. 2011-35s Pierce County Council 0830TacomaAve8,Rm 1046
Page 1 of 8 Tacoma,WA 98402
RES.F
1 DURATION:
2
3 This agreement shall become effective upon execution by 60 percentof the jurisdictions
4 in Pierce County, representing 75 percentof the total Pierce County populationas
5 designated by the State Office of Financial Management at the timeof the proposed
6 ratification. This agreement will remain in effect until subsequently amended or
7 repealed as provided by thePierceCounty CountywidePlanning Policies.
8
9 SEVERABILITY:
10
11 If any of theprovisions of thisagreement areheld illegal, invalid or unenforceable, the
12 remaining provisions shall remain in full force and effect.
13
14 FILING:
15
16 A copyofthis agreement shall be filedwith the Secretary of State, Washington
17 Department of Commerce, the Pierce County Auditor and each city and townclerk.
18
19 IN WITNESS WHEREOF, thisagreement has been executed by each member
20 jurisdiction as evidenced bythe signature page affixed to this agreement.
Exhibit B to Ordinance No. 2011-35s Pierce County Council
Page 2 of 8 930 Tacoma Avo S,Rm 1046
Tacoma,WA 08402
RES.F
1
2
3
4 INTERLOCAL AGREEMENT
5
6 AMENDMENTS TO THE PIERCE COUNTY
7 COUNTYWIDE PLANNING POLICIES
8
9
10 Signature Page
11
12
13 The legislativebodyof the undersigned jurisdiction has authorizedexecution of
14 the Interlocal Agreement, Amendments to the PierceCountyCountywide Planning
15 Policies.
16
17 IN WITNESSWHEREOF
18
19 Thisagreement has beenexecuted
20
21
22
23 Name of City/Town/County
24
25 BY:
26 Mayor/Executive)
27
28 DATE:
29
30 Approved:
31
32 BY:
33 Director/Manager/Chair of theCouncil)
34
35 Approved as to Form:
36
37 BY:
38 City Attorney/Prosecutor)
39
40 Approved:
41
42 By:
43 Pierce County Executive)
44
45
46
Exhibit B to Ordinance No. 2011-35s Pierce County Council
930 Tacoma Ave S,Rm 1046
Page 3 of 8 Tacoma,WA 99402
RES.F
1 Attachment
2
3 Proposed Amendment
4 to the
5 Pierce County Countywide Planning
6 to
7 Incorporate A New CandidateRegionalCenter
Exhibit B to Ordinance No. 2011-35s PierceCounty Council
Page 4 of 8 930 Tacoma Ave S.Rm 1046
g Tacoma,WA 98402
RES.F
Pierce County Countywide PlanningPolicies.The"clean" language below assumes the proposed VISION
2040 Consistency amendments are ratified.
1
2 Centers
3
4 Centers are to be areas of concentrated employment and/or housing within UGAs which serve as the
5 hubs of transit and transportation systems. Centers and connecting corridors are integral to creating
6 compact urban development that conserves resources and creates additional transportation,housing,7 and shopping choices. Centers are an important part of the regional strategy(VISION 2040)for8urbangrowthandarerequiredtobeaddressedintheCountywidePlanningPolicies. Centers will
9 become focal points for growth within the county's UGA and will be areas where public investment
10 is directed.
11
12 Centers are to:
13
14 • be priority locations for accommodating growth; i
15 • strengthen existing development patterns;
16 • promote housing opportunities close to employment;
17 • support development of an extensive multimodal transportation system which reduces
18 dependency on automobiles;
19 • reduce congestion and improve air quality;and
20 • maximize the benefit of public investment in infrastructure andservices.
2122 VISION 2040,theadopted regional growth strategy,identifies several centers asan integral feature23foraccommodatingresidentialandemploymentgrowth. The strategy describes Regional Growth24Centers,and other centers that may be designated through countywide processes or locally.25 Regional Growth Centersonce regionally designated are located eitherin Metropolitan Cities,or in
26 Core Cities. VISION 2040 also identifiesManufacturing/Industrial Centers,which consist27primarilyofmanufacturingandindustrialuses. Pierce County has five Regional Growth Centers28andtwoManufacturing/Industrial Centers that have been adopted into the regional growth strategy.29 Pierce County Regional Growth Centers are located in Tacoma,which is a Metropolitan City,and
30 in Lakewood and Puyallup,which are Core Cities.
31
32 Regional Growth Centers in the Metropolitan City
33 TacomaCentral Business District
34 Tacoma Mall
35
36 Regional Growth Centers in Core Cities
37 Lakewood
38 Puyallup Downtown
39 Puyallup South Hill
40
41 Currently there are nodesignated Countywide Centers.
4243 Manufacturing/Industrial Centers are areas whereemployee-or land-intensive uses will be located.44 Thesecenters differ from Regional Growth Centers in that they consist of an extensive land base45andtheexclusionofnon-manufacturingor manufacturing-supportive uses is an essential feature of46theircharacter. These areasare characterized by a significant amount of manufacturing,industrial;
Exhibit B to Ordinance No. 2011-35s Pierce
930
County
S.Rm 104`6
Page 5 of 8 Tacoma.WA 98402
RES.F
Pierce County CountywidePlanningPolicies. The"clean"language below assumes the proposedVISION
2040 Consistency amendmentsare ratified.
1 and advanced technology employment uses. Large retail and non-related office uses are
2 discouraged. Other thancaretakers'residences,housing is prohibited within
3 Manufacturing/Industrial Centers. However,these centers should be linked to high density housing
4 areas by an efficient multimodal transportation system. The efficiency of rail and overland freight
5 to markets isthe critical element for manufacturers and industries located in these centers.
6
7 The designated Manufacturing/Industrial Centers,within Pierce County are as follows:
8
9 Manufacturing/Industrial Centers
10 Frederickson
11 Port of Tacoma
12
13 Within Pierce County,a limited number of additional centers may be designated through
14 amendment of the Countywide Planning Policiesconsistent with the process below.
15
16 Designated centers may vary substantially in the number of households and jobs they contain today.
17 The intent of the Countywide Planning Policies is that Regional Growth Centers become attractive
18 places to live and work,while supporting efficient public services such as transit and being
19 responsive to the local market for jobs and housing.
20
21 The Countywide Planning Policies establishtarget levels for housing and employment needed to
22 achieve the benefit of a center. Some centers will reach these levels over the next twenty years,
23 while for others the criteria set a path for growth over a longer term,providing capacity to
24 accommodate growth beyond the twenty year horizon.
25
26 County-Level Centers Designation Process
27 The County and any municipalityin the County that is planning to include a Metropolitan City
28 Center,Regional Growth Center,Countywide Center or Manufacturing/Industrial Center within its
29 boundariesshall specifically define the area of such center within its comprehensive plan. The
30 comprehensive plan shall include policies aimed at focusing growth within the center and along
31 corridors consistent with the applicable criteria contained within the Countywide PlanningPolicies.
32 The County or municipality shall adopt regulations thatreinforce the center's designation.
33
34 No moreoften than once every two years,the Pierce County Regional Council(PCRC)shall invite
35 jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as
36 centers in the Countywide Planning Policies to submit a request for such designation. Saidrequest
37 shall beprocessed in accordance with established procedures for amending the Countywide
38 Planning Policies.
39
40 Each jurisdiction seeking to have a center designated in the Countywide PlanningPolicies shall
41 provide the PCRC with a report demonstrating that the proposed center meets the minimum criteria
42 for designation together with a statement and map describing the center,its consistency with the
43 applicable CountywidePlanning Policies,and how adopted regulations will serve the center.
44
45 Transit services shall be defined in thebroadest sense and shall include local and regional bus
46 service,rail where appropriate,vanpool,carpool,and othertransportation demand measures
47 designedto reduce vehicle trips.
Exhibit B to Ordinance No. 2011-35s Pierce County Council
Page 6 of 8 930 Tacoma Ave S,Rm1046
g Tacoma•WA 98402
RES.F
Pierce CountyCountywide PlanningPolicies.The"clean"language belowassumes the proposedVISION
2040 Consistency amendments are ratified.
1
2 The minimum designation criteria to establish a candidate center by type are as follows:
3
4 Metropolitan City Center
5 Area: up to 1-1/2 square milesin size;
6 Capital Facilities: served by sanitary sewers;
7 Employment: a minimum of 25 employees per gross acre of non-residential lands with a
8 minimum of 15,000 employees;
9 Population: a minimum of ten households per grossacre;and
10 Transit: serve as a focal point for regional and local transit services.
11
12 Regional Growth Center
13 Area: up to 1-1/2 square miles in size;
14 Capital Facilities: served by sanitary sewers;
15 Employment: a minimum of 2,000 employees;
16 Population: a minimum of seven householdspergross acre;and
17 Transit: serve as a focalpoint for regional and localtransit services.
18
19 Countywide Center
20 Area: up to one square mile in size;
21 Capital Facilities: served by sanitary sewers;
22 Employment: a minimum of 1,000employees;
23 Population: a minimum of 6 householdsper grossacre; and
24 Transit: serve as a focal point for localtransit services.
25
26 Manufacturing/Industrial Center
27 Capital Facilities: served by sanitary sewers;
28 Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day;and
29 Transportation: within one mile of a state orfederal highway or national rail line.
30
31 The minimum criteriareport and statement shall be reviewedby the Growth Management
32 CoordinatingCommittee(GMCC)for consistency with Countywide PlanningPolicies,the
33 Transportation Coordination Committee for consistency with transportation improvements plans of
34 WSDOT, and with Pierce Transit's comprehensive plan. Thecoordinating committees shall
35 provide joint recommendation to the PCRC.
36
37 Once included in the Countywide Planning Policies,the jurisdiction where a center is located may I
38 go on to seek regional designation of thecenter from thePugetSound Regional Council(PSRC)in
39 accordance with its established criteria and process.
40
41 In order to be designated a Regional Growth Center the center should meet the regional criteria and i
42 requirements including thosein VISION 2040,the regional growth,economic and transportation
43 strategy as may be amended and designated by the PugetSound Regional Council.
44
45 After county-level designation occurs within the Countywide Planning Policies and until regional-46 leveldesignationbythePSRC occurs the center shall be considered a"candidate"Regional Growth
47 Center.
Exhibit B to Ordinance No.2011-35s Pierce CountyCouncil
030 Tacoma Ave S.Rm 1046
Page 7 of 8 Tacoma.WA 98402
RES.F
Pierce CountyCountywide Planning Policies.The"clean"languagebelow assumes the proposedVISION
2040 Consistency amendments are ratified.
1
2 Each jurisdiction which designates a Regional Growth Centershallestablish 20-yearhousehold and
3 employmentgrowth targets for that Center. The expected range of targets will reflect the diversity
4 of the various centers and allow communities to effectively plan for needed services. The target
5 ranges not only set a policy for the level of growth envisioned for each center,but also for the
6 timing and funding of infrastructureimprovements. Reaching the target ranges will require careful
7 planning of public investment and providing incentives for private investments.
8
9 ( ==)candidate'iegional=centers have been included into the County'ideSPlanni_ng Policies ( of
10 the:candidate centeis-is aRegionalzGrowthCentei and(_.):candidate centers ate
11 Manufacturingllndushial_C.enters;
12 -
13 Candidate-RegionalCenters _
14 Sun uiet-Pacific Candidate Industxial/Manufacturing;Center
15
16 (Note thereare three separate interlocal agreements that propose the designation of candidate
17 regional centers. Once these proposals have been ratified, the appropriate language shall replace
18 the blank spaces as depicted as "( )".)
19
20
Exhibit B to Ordinance No. 2011-35s Pierce County Council
Page 8 of 8 83DTacomaco B AAm p
RES.F
1 Exhibit C to Ordinance No. 2011-35s
2
3
4 INTERLOCAL AGREEMENT
5
6 AMENDMENTS TOTHE PIERCECOUNTY
7 COUNTYWIDEPLANNINGPOLICIES
8
9 Thisagreement is entered intoby andamong the cities and towns of Pierce County and
10 PierceCounty. This agreement is made pursuant to the provisions of the Interlocal
11 Cooperation Act of 1967, Chapter 39.34 RCW. This agreement hasbeen authorized by
12 thelegislative body ofeach jurisdiction pursuant to formal action and evidenced by
13 execution of the signature pageof thisagreement.
14
15 BACKGROUND:
16
17 A. The Pierce County Regional Council (PCRC)wascreated in 1992 by interlocal
18 agreementamongthe cities and towns of Pierce County and Pierce County. The
19 organization is charged with responsibilities, including: serving as a locallinkto
20 the Puget Sound Regional Council, promoting intergovernmental cooperation,
21 facilitating compliance with thecoordination and consistency requirements of the
22 Growth Management Act (Chapter 36.70ARCW) andtheRegional
23 Transportation Planning Organization (Chapter 47.80 RCW), and developing a
24 consensus among jurisdictions regarding the development and modification of F
25 the Countywide Planning Policies.
26
27 B. The Pierce County Countywide PlanningPolicies provide for amendments to be
28 adopted through amendment ofthe original interlocal agreement or by a new
29 interlocal agreement. The PierceCounty Countywide PlanningPolicies may be
30 amended upon the adoption of amendmentsby the Pierce County Council and
31 ratification by 60 percent of the jurisdictions in PierceCounty representing 75
32 percentof the total PierceCountypopulation as designated by the State Office of
33 Financial Management atthe time ofthe proposed ratification.
34
35 C. The amendment is based on an applicationfrom the City of Tacoma tothePierce
36 County Regional Council for designation of a Candidate Regional
37 Industrial/ManufacturingCenter in thePierce County Countywide Planning
38 Policies.
39
40 D. The Pierce County RegionalCouncil recommended adoption ofthe proposed
41 amendment on March 17, 2011.
42
43 PURPOSE:
44
45 Thisagreement is entered into by the cities and towns of PierceCounty andPierce
46 County for the purpose of ratifying and approving the attachedamendment tothe Pierce
47 County CountywidePlanningPolicies (Attachment).
Exhibit C to Ordinance No.2011-35s Pierce County Council ePage1of8930TaoomaAveS.ftm 1046
Tacoma,WA 98402
RES.F
1 DURATION:
2
3 Thisagreement shall become effective upon execution by 60 percent ofthe jurisdictions
4 in Pierce County, representing 75 percent of the total PierceCounty population as
5 designated by the State Office of Financial Management at the time oftheproposed
6 ratification. This agreement willremain in effect until subsequently amended or
7 repealed as provided by the Pierce County Countywide Planning Policies.
8
9 SEVERABILITY:
10
11 If any of the provisions of this agreement are heldillegal, invalid or unenforceable, the
12 remainingprovisionsshall remain in full forceand effect.
13
14 FILING:
15
16 Acopy ofthis agreement shall be filedwith the Secretary of State, Washington
17 Department of Commerce, thePierceCounty Auditor and each city and town clerk.
18
19 IN WITNESSWHEREOF, this agreement has been executed by each member
20 jurisdiction as evidenced by the signaturepageaffixed to this agreement.
Exhibit C to Ordinance No. 2011-35s Pierce CountyCouncil
Page 2 of 8
930 Tacoma
co
S.Rm 1048
WA 98402
RES.F
1
2
3
4 INTERLOCALAGREEMENT
5
6 AMENDMENTS TO THE PIERCE COUNTY
7 COUNTYWIDE PLANNING POLICIES
8
9
10 Signature Page
11
12
13 The legislative body of the undersigned jurisdiction has authorizedexecution of
14 the Interlocal Agreement, Amendments tothe Pierce County Countywide Planning
15 Policies.
16
17 IN WITNESS WHEREOF
18
19 This agreement has been executed
20
21 Name of City/Town/County
22
23 BY:
24 Mayor/Executive)
25
26 DATE:
27
28 Approved:
29
30 BY:
31 Director/Manager/Chair of the Council)
32
33 Approved as to Form:
34
35 BY:
36 City Attorney/Prosecutor)
37
38 Approved:
39
40 By:
41 Pierce County Executive)
42
43
44
Exhibit C to Ordinance No. 2011-35s PierceCounty Council
Page 3 of 8 9307ecoTeoma WA 98402
RES.F
1 Attachment
2
3 Proposed Amendment
4 to the
5 Pierce CountyCountywide Planning
6 to
7 Incorporate A New Candidate RegionalCenter
Exhibit C to Ordinance No.2011-35s Pierce CountyCouncil
Page 4 of 8 g'oTacoma WA98402
RES.F
PierceCountyCountywidePlanning Policies.The"clean"language below assumes theproposed VISION
2040 Consistency amendments are ratified.
1 'i
2 Centers
3
4 Centers are to be areas of concentratedemployment and/orhousing within UGAs which serve as the,
5 hubs of transit and transportation systems. Centersand connecting corridors are integral to creating
6 compact urban development that conserves resources and creates additional transportation,housing,
7 and shopping choices. Centers are an important part of the regional strategy(VISION 2040)for
8 urban growth and are required to be addressed in the Countywide Planning Policies. Centers will i
9 become focal points for growth within the county's UGA and will be areas where public investment
10 is directed.
11
12 Centers are to:
13
14 • be priority locations for accommodating growth; i
15 • strengthen existing development patterns; i
16 • promote housing opportunities close to employment;
I
17 • support development of an extensive multimodal transportation system which reduces
18 ' dependency on automobiles; i
19 • reduce congestion and improve air quality; and
20 • maximize the benefit of public investmentin infrastructure and services.
2122 VISION 2040,the adopted regional growth strategy,identifies several centers as an integral feature23foraccommodatingresidentialandemploymentgrowth. The strategy describes Regional Growth24Centers,and other centers that may be designated through countywide processes orlocally.25 Regional Growth Centers once regionally designated are located eitherin Metropolitan Cities,or in
26 Core Cities. VISION 2040 also identifies Manufacturing/Industrial Centers,which consist
27 primarily of manufacturing and industrial uses. Pierce County has five RegionalGrowth Centers
28 and two Manufacturing/Industrial Centers that have been adopted into the regional growth strategy.
29 Pierce County Regional Growth Centers are located in Tacoma,which is a Metropolitan City,and
30 inLakewood and Puyallup,which are CoreCities.
31 i
32 Regional Growth Centers in the Metropolitan City
33 Tacoma Central Business District
34 Tacoma Mall
35
36 Regional Growth Centers in Core Cities
37 Lakewood
38 Puyallup Downtown
39 Puyallup South Hill
40
41 Currently there are no designated Countywide Centers.
4243 Manufacturing/Industrial Centers areareas whereemployee-or land-intensive uses will be located.44 Thesecenters differ from Regional Growth Centers in that theyconsist of an extensive land base45andtheexclusionofnon-manufacturing ormanufacturing-supportive uses is an essential feature of46theircharacter. These areas are characterized by a significant amount of manufacturing,industrial;
Exhibit C to Ordinance No. 2011-35s Pierce County Council
930 TacomaAve S,Rm1046
Page 5 of 8 Tacoma,WA 98402
RES.F
Pierce CountyCountywide PlanningPolicies.The"clean"language below assumes the proposed VISION
2040Consistency amendments are ratified.
1 and advanced technology employment uses. Large retail'and non-related office uses are
2 discouraged. Other than,caretakers'residences,housing is prohibited within
3 Manufacturing/Industrial Centers. However,these centers should be linked to high densityhousing
4 areas by an efficient multimodal transportation system.. The efficiency of rail and overland freight
5 to markets is the critical element for manufacturers and industries located in these centers.
6
7 The designated Manufacturing/Industrial Centers,within Pierce County are as follows:
8
9 Manufacturing/Industrial Centers
10 Frederickson
11 Port of Tacoma
12
13 Within Pierce County,a limited number of additional centers may be designated through
14 amendment of the Countywide PlanningPolicies consistent with the process below.
15
16 Designated centers may vary substantially in the number of households and jobs theycontain today.
17 Theintent of the Countywide PlanningPolicies is that Regional Growth Centers become attractive
18 places to live and work,while supporting efficient public services such as transit and being
19 responsive to the local market for jobs and housing.
20
21 The Countywide Planning Policies establishtarget levels for housing and employment needed to
22 achieve the benefit of a center. Some centers will reach these levels over the next twenty years,
23 while for others the criteria set a path for growth over a longer team,providing capacity to
24 accommodate growth beyond the twenty year horizon.
25
26 County-Level Centers Designation Process
27 The County and any municipality in the County that is planning to include a Metropolitan City
28 Center,Regional Growth Center,Countywide Center orManufacturing/Industrial Center within its
29 boundaries shall specifically define the area of such center within its comprehensiveplan. The
30 comprehensive plan shall include policies aimed at focusinggrowth within the center and along
31 corridors consistent with the applicable criteria contained within the Countywide PlanningPolicies.
32 The Countyor municipality shall adopt regulationsthat reinforce the center's designation.
33
34 No more often thanonce every two years,the Pierce County Regional Council(PCRC)shall invite
35 jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as
36 centers in the Countywide Planning Policies to submit a request for such designation. Saidrequest
37 shall be processed in accordance with established procedures for amending the Countywide
38 Planning Policies.
39
40 Each jurisdiction seeking to have a center designated in the Countywide Planning Policies shall
41 provide the PCRC with a report demonstrating that the proposedcenter meets the minimum criteria
42 for designation together with a statement and map describing the center,its consistency with the
43 applicable Countywide Planning Policies,and how adopted regulations will serve thecenter.
44
45 Transit servicesshall be defined in the broadest sense and shall include local and regional bus
46 service,rail where appropriate,vanpool,carpool,and other transportation demand measures
47 designed toreduce vehicle trips.
Exhibit C to Ordinance No.2011-35s Pierce County Council
Page 6 of 8 030 TaooTacoAve SIUA 984D2
RES.F
PierceCountyCountywide Planning Policies. The"clean"languagebelow assumesthe proposedVISION
2040 Consistencyamendments are ratified.
1
2 The minimum designation criteria to establish a candidate center by type are as follows:
3
4 Metropolitan City Center
5 Area: up to 1-1/2square milesin size;
6 Capital Facilities: served bysanitary sewers;
7 Employment: a minimum of 25 employees per grossacre of non-residential lands with a
8 minimum of 15,000 employees;
9 Population: a minimum of ten households per gross acre;and
10 Transit: serve as a focal point for regional and localtransit services.
11
12 Regional Growth Center
13 Area: upto 1-1/2 square miles in size;
14 Capital Facilities: served by sanitary sewers;
15 Employment: a minimum of 2,000 employees;
16 Population: a minimum of seven households per gross acre;and
17 Transit: serve asa focal point for regional and local transit services.
18
19 Countywide Center
20 Area: up to one square mile in size;
21 Capital Facilities: served bysanitary sewers;
22 Employment: a minimum of 1,000employees;
23 Population: a minimum of 6 households per gross acre;and
24 Transit: serve as a focal point for local transit services.
25
26 Manufacturing/Industrial Center
27 Capital Facilities: served by sanitary sewers;
28 Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day; and
29 Transportation: within one mile of a state or federal highwayor nationalrail line.
30
31 The minimum criteria report and statement shall be reviewed by the Growth Management
32 Coordinating Committee(GMCC)for consistency with Countywide Planning Policies,the
33 Transportation Coordination Committee for consistency with transportationimprovements plans of
34 WSDOT,and with Pierce Transit's comprehensiveplan. The coordinating committeesshall
35 provide joint recommendation to the PCRC.
3637 Once included in the CountywidePlanning Policies,the jurisdiction where a center is locatedmay38goontoseekregionaldesignationofthecenterfromthePugetSoundRegionalCouncil(PSRC)in
39 accordance with itsestablished criteria andprocess.
40
41 In order to be designated a Regional Growth Center the center should meet the regional criteria and
I 42 requirements including those in VISION 2040,the regional growth,economic and transportation
43 strategy as may be amended and designated by the Puget Sound Regional Council.
44
45 After county-leveldesignation occurs within the Countywide Planning Policies and until regional-46 level designation by the PSRCoccurs the center shall be considered a"candidate"Regional Growth
47 Center.
Exhibit C to Ordinance No. 2011-35s Pierce CountyCouncil
930 Tacoma Avo S.Rm 5046
Page 7 of 8 Tacoma.WA 98402
RES.F
Pierce CountyCountywide Planning Policies. The"clean"language below assumes the proposedVISION
2040 Consistency amendments are ratified.
1
2 Each jurisdiction which designates a Regional Growth Center shallestablish 20-yearhousehold and
3 employment growth targets for that Center. The expected range of targets will reflect the diversity
4 of the various centers and allow communities to effectively plan for needed services. The target
5 ranges not only set a policy for the level of growth envisioned for each center,but also for the
6 timing and funding of infrastructure improvements. Reaching the target ranges will require careful
7 planning of public investment and providing incentives for private investments.
8
9 ( candidate regional eentet ave been mclued into the CountyQvidePlaruung Poltciesi;( _of
10 the candidate centers is a Regional Gxowtb,Oente_r and(_ }eandidat :centers ale
11 Man facturing/hidustiial.Centers;
12
13 Candidate Regional Center~
14 South-Tacoma Candidate.Industrial/Ml n tfaofuriag Center
15
16 (Note thereare three separate interlocal agreements that propose the designation of candidate
17 regional centers. Once these proposals have been ratified, the appropriate language shall replace
18 the blank spaces as depicted as "1j")
19
20
Exhibit C to Ordinance No. 2011-35s Pierce County Council
Page 8 of 8
930 Tacoma Ave S,Rm 1046
Tacoma,WA 98402
RES.F
1
Exhibit D to Ordinance No. 2011-35s
2
3
4 INTERLOCAL AGREEMENT
5
6 AMENDMENTS TO THE PIERCECOUNTY
7 COUNTYWIDEPLANNING POLICIES
89 Thisagreement is entered into by and among thecitiesandtownsof PierceCounty and
10 Pierce County. This agreement is made pursuant to the provisions of theInterlocal
11 CooperationActof 1967, Chapter 39.34 RCW. This agreement hasbeen authorized by
12 the legislative body ofeach jurisdiction pursuant to formal action and evidenced by
13 execution ofthe signature page of this agreement.
14
15 BACKGROUND:
16
17 A. The Pierce County Regional Council (PCRC) was created in 1992by interlocal
18 agreement amongthecities and towns of Pierce County andPierce County. The
19 organization is charged with responsibilities, including: servingas a locallink to
20 the PugetSound Regional Council, promoting intergovernmental cooperation,
21 facilitatingcompliance with the coordination and consistency requirements ofthe
22 Growth ManagementAct (Chapter 36.70A RCW) and the Regional
23 . Transportation Planning Organization (Chapter 47.80 RCW), and developing a
24 consensus among jurisdictions regarding the development and modification of
25 the CountywidePlanning Policies.
26
27 B. The Pierce CountyCountywide Planning Policiesprovide for amendments to be
28 adoptedthrough amendmentof the original interlocal agreement orby a new
29 interlocal agreement. The Pierce County Countywide Planning Policies may be
30 amended upon theadoption of amendments by the PierceCounty Council and
31 ratification by 60 percentof the jurisdictions in PierceCounty representing 75
32 percent of thetotal PierceCountypopulation as designated by the State Officeof
33 Financial Management at the time of the proposed ratification.
34
35 C. Theamendment is based on an application from the City of University Place to
36 the Pierce CountyRegional Council for designation of a Candidate.Regional
37 Growth Center in the PierceCounty Countywide Planning Policies.
38
39 D. The Pierce County RegionalCouncil recommended adoption of theproposed
40 amendment on March 17, 2011.
41
42 PURPOSE: •
4344 Thisagreement is entered into bythe cities and towns of PierceCounty and Pierce45CountyforthepurposeofratifyingandapprovingtheattachedamendmenttothePierce
46 County Countywide PlanningPolicies (Attachment).
47
Exhibit D to Ordinance No. 2011-35s 9 ce County
o
Council
Page 1 of 8 Tacoma,WA 98402
RES.F
1 DURATION:
2
3 This agreement shall becomeeffective upon execution by 60 percent of the jurisdictions
4 in Pierce County, representing 75 percentof the total Pierce Countypopulation as
5 designated by theState Office of Financial Management at the time of the proposed
6 ratification. Thisagreement will remain in effect until subsequentlyamendedor
7 repealed as provided by thePierce CountyCountywide PlanningPolicies.
8
9 SEVERABILITY:
10
11 If any oftheprovisionsof this agreement are held illegal, invalid or unenforceable, the
12 remainingprovisions shall remain in full forceand effect.
13
14 FILING:
15
16 A copy ofthisagreement shall be filed with the Secretaryof State, Washington
17 Department of Commerce, the PierceCounty Auditor and each city and townclerk.
18
19 IN WITNESSWHEREOF, this agreement hasbeen executed by eachmember
20 jurisdiction as evidenced by the signature page affixed to this agreement.
Exhibit D to Ordinance No.2011-35s Pierce County Council
Page 2 of 8
830 Tacoma
Tacoma,WAm98402
RES.F
1
2
3
4 INTERLOCAL AGREEMENT
5
6 AMENDMENTS TOTHE PIERCE COUNTY
7 COUNTYWIDEPLANNINGPOLICIES
8
9
10 Signature Page
11
12
13 The legislative body of the undersignedjurisdiction has authorized execution of
14 the Interlocal Agreement, Amendments tothe Pierce CountyCountywide Planning
15 Policies.
16
17 IN WITNESS WHEREOF
18
19 Thisagreement has been executed
20
21
22 Name of City/Town/County
23
24 BY:
25 Mayor/Executive)
26
27 DATE:
28
29 Approved:
30
31 BY:
32 Director/Manager/Chair of theCouncil)
33
34 Approved as to Form:
35
36 BY:
37 City Attorney/Prosecutor)
38
39 Approved:
40
41 By:
42 PierceCounty Executive)
43
44
45
Exhibit D to Ordinance No.2011-35s Pierce,County
tS.Rm
Council
3 of 8 Tacoma,WA 98402
RES.F
1 Attachment
2
3 Proposed Amendment
4 tothe
5 Pierce County CountywidePlanning
6 to
7 Incorporate A New Candidate Regional Center
Exhibit D to Ordinance No. 2011-35s Pierce County Council
930Tacoma Ave S.Rm 1046
Page 4 of 8 Tacoma.WA 98402
RES.F
PierceCounty Countywide PlanningPolicies. The"clean"language below assumesthe proposed VISION
2040 Consistency amendments are ratified.
1
2 Centers
3
4 Centers are to be areas of concentrated employment and/or housing within UGAswhich serve as the
5 hubs of transit and transportation systems. Centersand connectingcorridors are integral to creating
6 compact urban development that conserves resourcesand creates additional transportation,housing,
7 and shopping choices. Centers are an important part of the regional strategy(VISION 2040)for
8 urban growth and are required to be addressed in the Countywide Planning Policies. Centers will
9 become focal points for growth within the county's UGA and will be areas where public investment
10 is directed.
11
12 Centers are to:
i
13
14 • be priority locations for accommodating growth; 1
15 • strengthen existing development patterns;
16 • promotehousing opportunities close to employment;
17 • support development of an extensive multimodal transportation system which reduces
18 dependency onautomobiles;
19 • reduce congestion and improve air quality;and
20 • maximize the benefit of public investment in infrastructure and services.
2122 VISION 2040,theadopted regional growth strategy,identifies severalcenters as an integral feature23foraccommodatingresidentialandemploymentgrowth. The strategy describes Regional Growth24Centers,and other centers thatmay be designated through countywide processes or locally.25 Regional Growth Centers once regionally designated are locatedeither in Metropolitan Cities,or in
26 Core Cities. VISION 2040 also identifies Manufacturing/Industrial Centers,which consist
27 primarily of manufacturing and industrial uses. Pierce County has five Regional Growth Centers28andtwoManufacturing/Industrial Centersthat have been adopted into the regional growth strategy.29 Pierce County Regional Growth Centers are located in Tacoma,which is a Metropolitan City,and
30 in Lakewood and Puyallup,which are Core Cities.
31
32 Regional Growth Centers in the Metropolitan City
33 Tacoma Central Business District
34 Tacoma Mall
35
36 Regional Growth Centers in Core Cities
i
37 Lakewood 1
38 Puyallup Downtown I
39 Puyallup South Hill
40
41 Currently there are nodesignated Countywide Centers,
4243 Manufacturing/Industrial Centers are areas whereemployee-or land-intensive uses will be located.44 These centers differfrom Regional Growth Centers in that they consist of an extensiveland base45andtheexclusionofnon-manufacturing or manufacturing-supportive uses isan essential feature of46theircharacter. These areas are characterized by a significant amount of manufacturing,industrial;
Exhibit D to Ordinance No. 2011-35s Pierced linty
Rm 1045
Council
Page 5 of 8 Tacoma,WA 98402
RES.F
Pierce CountyCountywide PlanningPolicies.The"clean"languagebelowassumes the proposedVISION
2040 Consistencyamendments are ratified.
1 and advanced technology employment uses. Large retail and non-related office uses are
2 discouraged. Other than caretakers'residences, housing is prohibited within
3 Manufacturing/Industrial Centers. However,these centers should be linked to high density housing
4 areas by an efficient multimodal transportation system. The efficiency of rail and overland freight
5 to markets is the critical element for manufacturers and industrieslocated in these centers.
6
7 Thedesignated Manufacturing/Industrial Centers,within Pierce County are as follows:
8
9 Manufacturing/Industrial Centers
10 Frederickson
11 Port of Tacoma
12
13 Within Pierce County,a limited number of additional centers may be designated through
14 amendment of the Countywide Planning Policies consistent with the process below.
15
16 Designated centers may vary substantially in thenumber of households and jobs theycontain today.
17 Theintent of the Countywide PlanningPolicies is thatRegional Growth Centers become attractive
18 placesto live and work,while supporting efficient public servicessuch as transit and being
19 responsive to the local market for jobs and housing.
20
21 The Countywide Planning Policies establish target levels for housing and employment needed to
22 achieve the benefit of a center. Some centers will reach these levelsover the next twenty years,
23 whilefor others the criteria set a path for growth over a longer term,providing capacity to
24 accommodate growth beyond the twenty year horizon.
25
26 County-Level Centers Designation Process
27 The County and any municipality in the County that is planning to include a Metropolitan City28Center,Regional Growth Center,Countywide Centeror Manufacturing/Industrial Center within its
29 boundaries shall specifically definethe area of such center within its comprehensive plan. The
30 comprehensiveplan shall includepolicies aimed at focusinggrowth within the center and along
31 corridors consistent with theapplicable criteria contained within the Countywide PlanningPolicies.
32 The County or municipality shalladopt regulations that reinforce thecenter's designation.
33
34 No more often than once every two years,thePierce CountyRegionalCouncil(PCRC)shall invite
35 jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as
36 centers in the Countywide Planning Policiesto submit a request for such designation. Said request
37 shall be processed in accordance with establishedprocedures for amending the Countywide
38 Planning Policies.
39
40 Each jurisdiction seeking to have a center designated in the Countywide PlanningPolicies'shall
41 provide the PCRC with a report demonstratingthat the proposed center meets the minimum criteria
42 for designation together with a statement and map describing the center,its consistency with the
43 applicable Countywide Planning Policies,and how adopted regulations will serve the center.
44
45 Transit services shall be defined in the broadest sense and shall includelocal and regional bus
46 service,rail where appropriate,vanpool,carpool,and othertransportation demand measures
47 designed to reduce vehicletrips.
Exhibit D to Ordinance No. 2011-35s PierceCounty Council
Page 6 of 8
930 Tacanacoma Rm
RES.F
Pierce County Countywide PlanningPolicies.The"clean"languagebelow assumes the proposed VISION
2040 Consistency amendments are ratified.
1
2 The minimum designation criteria to establish a candidate center by type are as follows:
3
4 Metropolitan City Center
5 Area: up to 1-1/2 square miles in size;
6 Capital Facilities: served by sanitary sewers;
7 Employment: a minimum of 25 employees per gross acre of non-residential lands with a
8 minimum of 15,000 employees;
9 Population: a minimum of ten households per gross acre;and
10 Transit: serve as a focal point for regional and local transit services.
11
12 Regional Growth Center
13 Area: up to 1-1/2square milesin size;
14 Capital Facilities: served bysanitary sewers;
15 Employment: a minimum of 2,000 employees;
16 Population: a minimum of seven households per grossacre; and
17 Transit: serve as a focal point for regional and local transit services.
18
19 Countywide Center
20 Area: up toone square mile in size;
21 Capital Facilities: served by sanitary sewers; 1
22 Employment: a minimum of 1,000 employees;
23 Population: a minimum of 6 households per grossacre;and
24 Transit: serve asa focal point for local transit services.
25
26 Manufacturing/Industrial Center
27 Capital Facilities: served by sanitary sewers;
28 Employment: a minimum of 7,500 jobs and/or 2,000 truck trips perday;and
29 Transportation: within one mile of a state or federal highway or national rail line.
30
31 The minimum criteria report and statement shall be reviewed by the Growth Management
32 Coordinating Committee(GMCC)for consistency with Countywide PlanningPolicies,the
33 Transportation Coordination Committee for consistency with transportation improvements plans of
34 WSDOT,and with Pierce Transit's comprehensive plan. The coordinating committees shall
35 provide joint recommendation to thePCRC.
36
37 Once includedin the Countywide Planning Policies,the jurisdiction where a center is located may38goontoseekregionaldesignationofthecenterfromthePugetSoundRegionalCouncil(PSRC)in
39 accordance with its established criteria and process.
40
41 In order to be designated a Regional Growth Center the center should meet the regional criteria and
42 requirements including those in VISION 2040,the regional growth,economic and transportation
43 strategy as may be amended and designated by the PugetSound Regional Council.
44
45 After county-level designation occurs within the Countywide PlanningPolicies and until regional-46 level designationby the PSRCoccurs thecenter shall be considered a"candidate"Regional Growth
47 Center.
Exhibit D to Ordinance No.2011-35s Pierce County Council
830 Tacoma Ave S,Rm 1046
Page 7 of 8 Tacoma,WA 98402
RES.F
Pierce County Countywide PlanningPolicies. The"clean"language below assumes the proposedVISION
2040 Consistency amendments are ratified.
1
2 Each jurisdiction which designates a Regional Growth Center shallestablish 20-yearhousehold and
3 employment growth targets for that Center. The expectedrange of targets will reflect the diversity
4 of the various centers and allow communities to effectively plan for needed services. The target
5 ranges not only set a policy for the level of growth envisioned for each center,but also for the
6 timing and funding of infrastructure improvements. Reachingthe target ranges will require careful
7 planning of public investment and providing incentives for private investments.
8
9 (`-=)candidate regiona:centers have been ir oluded urto the Countywide Planning policies: ( =of
10 the'candidate centers is a Regional Growth`Center add-( ).candidate:centerS are
11 M nufacturing/Industrial Centers;
12
13 CididaeR_g _l_eof
14 University Place=r Candldate_Regiona1 Gro' th Center
15
16 (Note thereare three separate interlocal agreements that propose the designation of candidate
17 regional centers. Oncethese proposals have been ratified the appropriate language shall replace
18 the blank spaces as depicted as "( ))
19
20
Exhibit D to Ordinance No. 2011-35s Pierce County Council
930 Tacoma Ave S,Rm1046
Page 8 of 8 Tacoma.WA 98402
RES.F
1 Exhibit E to Ordinance No. 2011-35s
2
3 Findingsof Fact
4
5 The Pierce CountyCouncil finds that:
6
7 1. The PierceCounty RegionalCouncil (PCRC)was created in 1992 by interlocal
8 agreement among the cities and towns of Pierce County andPierce County, and
9 chargedwith responsibilities, including:.serving as a local link to the Puget Sound
10 Regional Council, promoting intergovernmental cooperation,facilitatingcompliance
11 withthe coordination and consistencyrequirements of the Growth Management Act
12 Chapter 36.70A RCW) and the Regional Transportation Planning Organization
13 Chapter 47.80 RCW), and developing a consensus among jurisdictions•regarding the
14 development and modification of the Countywide Planning Policies.
15
16 2. TheGrowth Management Act required PierceCounty to adopt a countywide planning
17 policy in cooperation withthe cities and towns locatedwithin the County.
18
19 3. The Countywide PlanningPolicies areto be used for establishing a countywide
20 framework fromwhich the comprehensive plans for PierceCounty and the cities and
21 townswithin Pierce County are developed and adopted.
22
23 4. On June 30, 1992, the Pierce County Councilpassed Ordinance No. 92-74 adopting
24 theinitialPierce County Countywide PlanningPolicies.
25
26 5. The PierceCountyCountywide PlanningPolicies currently identify five Urban Centers
27 and two Manufacturing/Industrial Centersthathave been adopted intothe VISION
28 2040.
29
30 6. The Pierce CountyCountywide Planning Policiesinclude minimum criteriafor the
31 designation of new regional centers.
32
33 7. The Pierce CountyCountywide PlanningPolicies identifies a process for local
34 jurisdictions to submit applications for the designation of candidate regional centers.
35
36 8. If a proposal is ratified by PierceCounty and its cities and towns, the local jurisdiction
37 may requestthe PugetSound Regional Council to designate the appropriate center
38 withinVISION2040.
39
40 9. The Cities of Sumner and Pacific jointly applied for the designation of a candidate
41 RegionalIndustrial/ManufacturingCenter.
42
43 10. TheCity of Tacoma applied for thedesignation of a candidate Regional
44 Industrial/Manufacturing Center.
45 j
46 11. TheCity of UniversityPlace appliedforthe designation of candidateRegionalGrowth
47 Center.
48
49 12. The submitted applications are complete and consistent with the Pierce County i
50 CountywidePlanningPolicies.
51
Exhibit E to Ordinance No.2011-35s Pierce CountyCouncil
Page 1 of 2
930 Tacoma Ave S.Rm 1045
Tacoma,WA 98402
RES.F
1 13. The Pierce County RegionalCouncil recommended approval ofthe proposals at its
2 March 17, 2011, meeting in three separate motions.
3
4 14. Local jurisdictions have the ability to ratify each of the three proposals independently.
5
6 15. The Pierce County Planning Commissionrecommended approval of theproposals at
7 its May24, 2011, meeting.
8
9 16. The Pierce CountyCountywidePlanningPoliciesinclude provisions addressing
10 procedures for amendingthe Countywide Planning Policies.
11
12 17. The Pierce County Countywide Planning Policies require amendments to the j
13 Countywide Planning Policies to be adopted through an amendmentof the original •
14 Interlocal Agreement or by a new interlocal agreement. The amendment will become
15 effective when sixty percent(60%) of the cities, towns and County government
16 representing seventy-five percent (75%) of thetotalpopulation as designated by the
17 StateOffice of Financial Management at the time of the proposedratification become
18 signatories to the agreement.
19
20 18. Within Regional Industrial/ManufacturingCenters truck parking and staging areas are
21 important.
22
23 19. The Cities of Sumner/Pacific and the City of Tacoma should consider how to best meet
24 the needs of truck parking and staging areas.
25
26 20. Potential solutions for truck parking and staging that should be consideredmay
27 include: public-private partnerships to develop a site forsuch use; additional
28 restrictions and enforcement of truck parking and travel in residential and commercial
29 areas; a morepro-activeapproach by industrial businessowners to address the
30 problem; requirements forlarger truck parking and stagingareas on the industrial
31 sites; revisions to current zoning standards whichprohibitthe development of a truck
32 stop in theinterchangecommercial area; and, potentialuse of transportation grant
33 funding.to address theneed.
34
35 21. TheCommunity Development Committee of theCounty Council, after a properly
36 noticed public hearing, considered oral and writtentestimony and forwarded its
37 recommendation to the full Council.
38
39 22. The County Council held a publichearing on July19, 2011, where oral and written
40 testimony was considered.
41
42 23. It isin support of designating the three proposals as candidateregionalcenters.
43
44 24. Itis in thepublicinterest to authorizethePierceCounty Executive to executethe
45 interlocal agreements.
46
Exhibit E to Ordinance No. 2011-35s Pierce CountyCouncil
Page 2 of 2 930 Ta`°Tacoma WA9884002 '(
RES.F