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HomeMy WebLinkAbout5442 RESOLUTION NO. 5442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH CAPITAL ACQUISITIONS, LLC RELATED TO THE AUBURN GATEWAY PROJECT WHEREAS, Chapter 36.70B.170 — 36.70B.210 allows cities to enter into development agreements in order to provide greater flexibility in existing city standards in exchange for development that is of significantly higher quality, generating more public benefit, and providing a more sensitive proposal than that which would be required by the existing code; and WHEREAS, the City Council adopted Resolution 4756 on November 21, 2011, which authorized the City to enter into a development agreement with Auburn Properties, Incorporated, acting through its affiliate Robertson Property Group ("API") for the development of the Auburn Gateway Project (the "Original Agreement"); and WHEREAS, despite the City's and API's intentions, the market conditions have changed such that the API is no longer interested in developing the property, and has proposed selling the property; and, WHEREAS, the new developer, Capital Acquisitions, LLC, doing business as Inland Group ("Inland"), has proposed changes to the development standards and the requirements of the Development Agreement to take into account the changes in the market conditions; and, WHEREAS, all public meeting and hearing requirements in Title 14 of the Auburn City Code and RCW 36.70B.200 have been met, as follows: a public Resolution No. 5442 June 18, 2019 Page 1 of 3 meeting was held on June 24, 2019, This application was presented for discussion at a Council Study Session on June 24, 2019. All of these meetings were properly noticed and were open to the public. Additionally, a public hearing was held on June 24, 2019 before the full City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1, The City Council makes the following findings: 1.1 except as otherwise provided for in this Agreement or in other appropriate legislation that requires Council approval, Inland has agreed to all of the terms and conditions of the Original Agreement. 1.2 Inland has proposed modifications to the Development Standards, and has submitted updated studies to allow staff to determine whether the revised standards are consistent with the environmental and other requirements associated with the Original Agreement; Section 2. Based on these findings, the Council concludes that: 2.1. the Project modifications proposed by Inland provide efficient and effective use of land, open space and public facilities that results in a higher quality of development than is required by the standards of the applicable zone; 2.2. the proposed development will be of significantly higher quality, will generate more public benefit, and will be a more sensitive proposal than would be developed in the absence of the proposed agreement. Resolution No. 5442 June 18, 2019 Page 2 of 3 Section 3. The Mayor is authorized to enter into an Amended and Restated Development Agreement with Capital Acquisitions, LLC, doing business as Inland Group ("Inland"), in substantially the form at Exhibit A,. Section 4. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this � \ day �n �sL , 2019. CITY OF AUBURN ANCY JKUS, M4)R ATTEST: Shawn Campbell, MMC, City Clerk APPR IV. D AS TO FORM: sl * Steven L. Gross, City Attorney Resolution No. 5442 June 18, 2019 Page 3 of 3 Instrument Number:20220927000126 Document:AMND Rec:$274.50 Page-I of 72 Record Date:9/27/2022 7:57 AM Electronically Recorded King County,WA Return Address: • Auburn City Clerk City of Auburn 25 West Main St. Auburn,WA 98001 RECORDER'S COVER SHEET Document Title(s)(or transactions contained therein): Amended and Restated Development Agreement Between The City of Auburn and CAP Acquisitions,LLC, For Development of The Auburn Gateway Project Reference Number(s)of Documents assigned or released: DAdditional reference#'s on page_of document Grantor(s)(Last name first,then first name and initials) The City of Auburn Grantee: (Last name first) CAP Acquisitions,LLC Legal Description(abbreviated: i.e. lot, block, plat or section,township, range) NW 31-22-5 Additional legal is on page 15-24 of the document. Assessor's Property Tax Parcel/Account Number: 9360000200,0002200001, 0002200007,9360600350,9360600340,9360600330, 9360600320,9360600325,9360600300,9360600281,9360600280,9360600305, 9360600270,9360600271 0 Assessor Tax#not yet assigned AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND CAP ACQUISITIONS, LLC, FOR DEVELOPMENT OF THE AUBURN GATEWAY PROJECT The CITY OF AUBURN ("City")and AUBURN PROPERTIES, INC.,a Washington corporation, entered into a Development Agreement on November 15, 2011 and subsequently adopted by Resolution No.4756 (the "Original Agreement.") The following Amended and Restated Development Agreement ("Agreement") is a result of the proposed sale of the property to a new Developer with a revised business model, and is intended to supersede and govern the development, use and mitigation of environmental impacts associated with the development of the Auburn Gateway Project("Project"),through construction of the buildings and related physical on-and off-site improvements. All references to the Agreement include the Agreement and all Attachments to the Agreement. In consideration of the mutual promises contained in this Agreement and in those documents referenced in this Agreement,the City and Cap Acquisitions, LLC(a Washington limited liability corporation)doing business as Inland Group("Developer")enter into this Amended and Restated Agreement. The Agreement is authorized by RCW 36.708.170 through .210. It addresses Project development standards,which are defined in the statute to include,for example, impact fees, mitigation, design standards,approach to phasing, review procedures,vesting issues, and any other appropriate development requirements.'The Agreement provides the City and Developer with certainty as to the type of Project that will be built,and the type of mitigation that will be provided. The Project,when all development improvements are completed as contemplated for this project, will be consistent with current local regulatory requirements in effect as of the date 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.'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/Robertson Properties Final Environmental 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 hearing before the Auburn City Council has been held.'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 that certain provisions of this Agreement may only be appealed or challenged in accordance with the appeal procedures set forth in the Land Use Petition Act ("LUPA") (Chapter 36.70C RCW). 1 RCW 36.708.170(3). 2 RCW 36.708.170(1). 3 RCW 36.708.180. 4 RCW 36.706.170(3)(c). 5 RCW 36.70B.200; RCW 36.70B.190. Amended and Restated Development Agreement Final 06/25/19 Page 1of14 1.Zoning/Land Use. A.The Original Agreement fulfilled that portion of the obligation specified in Section 13 of Ordinance No. 6183 (as amended),that non-conditional applicability of the C-4, Mixed Use Commercial zoning designation shall only take effect on the Parties' execution of a development agreement. Section 13 of Ordinance No. 6183 also required adoption of a Planned Action Ordinance.A Planned Action Ordinance was adopted in as part of Ordinance No. 6382. Additionally,the Parties agreed to process an amendment to change the zoning of any property owned by the Developer as of the date of execution of the Original Agreement and covered by the EIS and addendums, supplements or modifications to the EIS to C4, Mixed Use Commercial Zoning not later than one year after the date of this Agreement. The requirement to process an amendment to change zoning of property owned by the Developer as of the date of execution of the Original Agreement was not met by the original owner("RPG"). B.The proposed changes in this Agreement are expressly conditioned on the City Council approving amendments to Ordinance No. 6183 and 6382, and other applicable provisions of the Auburn City Code that are consistent with the intent of the Parties to this Agreement. If Council does not approve the necessary amendments, or if Developer's purchase of the property from RPG for the Project fails for any reason,this Agreement is null and void and the terms of the Original Agreement will remain in effect (otherwise, upon Developer's purchase of the property, RPG shall be released from all obligations under the Original Agreement in accordance with Section 12 below). 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 the south,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 Special Plan Area, an approximately 120-acre area established by the City of Auburn Comprehensive Plan in 1995 and as subsequently amended by Ordinance No. 6183. The property location is legally described on Attachment 1 ("Subject Property"). Developer has a contingent property interest in the subject property that will become final if Developer completes the purchase of the property.Additional properties may become part of this Agreement through the amendment process described in RCW 36.708.170-210. In the event the Agreement is amended to include additional properties,the terms of this Agreement shall apply equally to those additional properties except as specified in the amendment(s). 3. Project Description.The Project involves the redevelopment of the Valley 6 Drive-in Theater complex and adjacent properties owned or controlled by Developer.The redevelopment of the Property will include a mixture of office, retail and residential uses in a vertical or horizontal mixed use configuration. Residential uses will primarily be located on the southern portion of the site,generally bordered by 49th Street NE to the north and 45th Street NE to the south,while commercial uses will be primarily located on the northern portion of the site generally bordered by 277th Street to the north and 49th Street NE to the south, and a community common area generally located within the center of the development.The parties intend to provide the Developer with flexibility to reasonably respond to market conditions with limitations mutually agreed to by 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 Amended and Restated Development Agreement Final 06/25/19 Page 2 of 14 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 Environmental Impact 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 EIS.The 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 beyond the improvements identified within this Agreement will be related and roughly proportional to the impacts created by development-generated traffic volumes. 4.Term of Agreement and Vesting.The term of the Agreement shall be through December 23, 2026, with three distinct vesting periods of which only one remains.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,engineering and environmental regulations shall be the C4, Mixed Use Commercial Zoning District,as adopted by Ordinance No. 6183,June 16, 2008 and applied to all properties covered by this Agreement or as set forth in Attachment 5. Other than the amendments contemplated to permit the changes between the Original Agreement and this Agreement, any amendment to the C4, Mixed Use Commercial Zoning District subsequently approved 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 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 Original Developer and attached as Attachment 4 are 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 each full and complete application shall be applicable and govern development for the Initial Vesting Period (IVP),to the extent of the development activities included in a full and complete application.The IVP shall run from the effective date of the Original Agreement and ending December 31, 2016. (c) Following the IVP a Second Vesting Period (SVP)shall be established for the 5 year period starting January 1,2017 and ending December 31, 2021,for development activities subsequent to those covered by the IVP. However,this amendment was not entered into and all standards as of the date of any application would apply. (d) Following the SVP a Third Vesting Period (TVP)shall be established for the 5 year period starting January 1, 2022 and ending December 26, 2026,for development activities subsequent to those covered by the SVP. Amended and Restated Development Agreement Final 06/25/19 Page 3 of 14 At the beginning of each subsequent five-year vesting period,SVP and TVP,the development regulations in effect on December 31 of the last year of the prior vesting period shall replace the development regulation then in effect. 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 Development Agreement with the new regulations attached at the beginning of each new vesting period.At the beginning of each subsequent five-year vesting period,the development regulations in effect as of December 31 of the prior vesting period shall replace Attachment 5 and this Agreement shall automatically be amended with the regulations with the Developer's re-recording of this agreement with the new regulations 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 vesting period. Notwithstanding this vesting period,the property owner(s) subject to this agreement may, if agreed to by the City,conform to new development regulations that may from time to time be adopted by the City by providing the City with the applicable development regulations that apply under this Agreement or providing the City with the applicable Development 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 the then-current 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 have the discretion to apply either the vested regulations or the current regulations. (e) Development regulations related to public health and safety issues, including but not limited to building codes,fire codes, mechanical codes, plumbing codes,electrical codes and property maintenance codes shall vest on the City's acceptance of a complete permit application for each specific permit as determined by the City through its permit completeness determination process in accordance with Chapter 14.06 of the Auburn City Code ("ACC") in effect on the date the permit is submitted. (f)Any amendments or 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 federal laws preempt the City's authority to vest regulations.The City reserves the authority to impose new or different officially adopted regulations if,and to the extent required by,a serious threat to the public health and safety,as determined by the City. The City also reserves the authority to impose new or different officially adopted regulations, if federal or state laws change requiring new or different standards. Developer can appeal City determinations as described in this paragraph, except for those standards required by state or federal laws,through the normal appeal processes for administrative decisions as provided for by ACC 14.13.010. (g)The parties specifically agree that right-of-way requirements shall be vested for"footprint design" requirements as of the effective date of this 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") in effect on the date the permit is submitted. Amended and Restated Development Agreement Final 06/25/19 Page 4 of 14 (h)The vested rights established by this Agreement as applied to any particular project merge into the permit approval for that project and shall terminate as provided for that permit by 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 overall term 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. Developer shall report 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, but not be limited to,the following areas: Status of leases; Construction updates(rights-of-way(ROW), utility infrastructure, and buildings Percentage completed and construction remaining); Non-City Permit/approval status, including Department of Ecology,Army Corps of Engineers, NOAA-Fisheries Reports shall 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 clearly mark those portions of the report that Developer 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 prevent disclosure 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 study session 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") in effect on the date 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 Amended and Restated Development Agreement Final 06/25/19 Page 5 of 14 the Developer or the Developer's requirements under this Agreement.The outcome of any regulatory review or action undertaken by the City involving 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 intended or shall be construed to require that the City exercise its discretionary authority under its regulatory ordinances in a manner favorable to the Developer. 7. Flood Storage Capacity.The City and Developer acknowledge that under this agreement there may be a need for off-site flood storage capacity for the Project.The parties acknowledge that the City is not legally obligated to provide off-site storage capacity, but if off-site flood storage capacity is not available, the Project,or elements of the project, might not go forward.The City entered into an amendment to the Interlocal 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 Port that is located in the Planning Area for the Project.That amendment is reflected in Resolution No.4841 and was signed on July 16, 2012 and attached as Attachment 7. The Parties agree that the City shall make a mutually-agreed on amount of cubic feet of storage capacity available to the Developer for Developer's on-site compensatory flood storage requirements and an additional compensatory flood storage volume as needed to accommodate the Developer's public transportation and storm drainage improvements, on the condition that City 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 acknowledges that the City may elect to reserve a portion of this capacity for municipal purposes and needs. Priority shall be given to storage capacity that serves public improvements prior to private development. The City shall assign its right to use the flood storage capacity on the Port's property to the Developer by means of an easement or other similar document as agreed to by the Parties and the Port of Seattle. Developer agrees that it will submit a Letter of Map Revision ("LOMR")to the Federal Emergency Management Agency(FEMA)that addresses the reviewing agency's standards of the placement of fill and effect 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 into this Agreement,the Developer will design and construct the Project in accordance with the Amended Auburn Gateway Architectural and Site Design Standards adopted as part of this Agreement. Additionally, notwithstanding the permitted uses in the Amended 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 occur primarily on the southern portion of the site. It may contain vertical or horizontal mixed-use. Commercial development shall occur primarily on the northern portion of the site. It may contain vertical or horizontal mixed-use.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 Amended and Restated Development Agreement Final 06/25/19 Page 6 of 14 constructed as a department of a larger retail operation. 9.Transportation/Utility infrastructure Improvements.The City and Developer acknowledge that under this Agreement there will remain a "gap" in the funding of infrastructure improvements that the City is not obligated to fill but without which the Project, or portions of the project, might not go forward.The Parties agree that Developer's requirement to construct infrastructure is limited to improvements required by City code, and/or mitigation measures specified in the Planned Action Ordinance, and items identified in section Attachment 6 of this Development Agreement. The Parties to this agreement acknowledge the contributions in both land and cost of improvements that the original developer contributed to the City's S 277th Street project. Both Parties recognize that there are benefits from these improvements to the public that extend beyond the Developer's obligations.The Parties agree that they will work cooperatively to resolve issues related to infrastructure funding.The Parties recognize that the Developer's obligations will be proportionate to the scale and 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 with initial construction of the Project,the Parties 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 transportation impact program development that certain 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) Grants.The City will consider placing a higher priority on the I Street NE project in the City's Capital Facilities Plan and its Transportation Improvement Program.The City will at its sole discretion,apply for and seek state and federal grants for eligible Transportation improvements within the Northeast Auburn Special Plan Area in accordance with the City's Comprehensive Transportation Plan and Six-Year Transportation Improvement Program.The Developer agrees to partner with the City in these efforts, including financially participating in an amount not to exceed the Developer's proportional share of the improvement. If the City is successful obtaining any grants,the City will make a good faith effort to design and construct the improvements in coordination with the phasing project milestones set out in this Agreement. Amended and Restated Development Agreement Final 06/25/19 Page 7 of 14 (d) Street Payback Agreement. Developer may apply to the City for a Street Payback Agreement in accordance with Chapter 3.25 of the Auburn City Code. Utilities Improvements: (e) Utility Payback Agreements-The City may enter into Utility Payback Agreements as set forth in ACC 13.40.060 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 in effect 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 Project to the extent the Developer over sizes public Utility Improvements(water,sanitary sewer,and storm drainage)consistent with Auburn City Code at the time the applicable permit is issued. 10.Adequacy of Project Mitigation under SEPA. A.The original Project underwent detailed environmental review with a Final EIS in 2004 and EIS Addendum dated November 2, 2011.The City issued a Determination of Significance and a Final Northeast Auburn/Robertson Properties Environmental Impact Statement(EIS).The EIS sets forth numerous Project conditions in a variety of environmental areas. In connection with the Original Agreement,the City Council reviewed the SEPA record and the EIS, and entered findings stating that, 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 the Original Agreement and other project approvals and text changes, zoning code map and text changes and adoption of a special area plan and planned action ordinance.The mitigation that is imposed under 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, unless such further mitigation is required by federal or 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. B.The Parties acknowledge that the contemplated change to the intensity and configuration of the revised Auburn Gateway Project may be less intense than the parameters within the Original EIS. As part of the amendment to the Development Agreement the City has also provided an addendum to the EIS for purposes of the amendments to the Auburn Gateway Project.The Council has reviewed the addendum to the EIS, and agrees to enter findings stating that the Project in its entirety(as proposed to be amended by this Agreement)will be adequately mitigated under SEPA. No further SEPA mitigation will be required by the City for any Project qualifying as a Planned Action unless there is a major Amended and Restated Development Agreement Final 06/25/19 Page 8 of 14 modification,further mitigation is required by federal or state law or regulation, or further mitigation is determined by the City in its sole discretion to be necessary to prevent a serious threat to public health and safety. 11. Modifications.The Project will be subject to building, land use,environmental and engineering 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 Director of Community Development 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 approximate dimensions, or if there are unique building or site design considerations that, 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 Director of Community Development,who shall have the 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 intent or effect of the standards. C. Modifications to the Development Agreement. Changes to the Development Agreement that are determined by the Director of Community Development to constitute a major change shall be referred to the City of Auburn Hearing Examiner for a public hearing.The Hearing Examiner is authorized by the Auburn City Council pursuant to RCW 36.70B.200 to review and decide on amendments to the Development Agreement.The Hearing Examiner shall only review the requested modification and shall rely on applicable regulations and standards identified through this Agreement for their decision making. For purposes of this Agreement only, a modification to the Development Agreement shall be those actions that are deemed by the Director of Community Development and Director of Public Works, as appropriate,to be major modifications 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 or modifications to the EIS documents. Amended and Restated Development Agreement Final 06/25/19 Page 9 of 14 (c) A proposed change to any of the development criteria 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 this Agreement or subsequent vesting period; (d) Change in density or intensity of use; (e) Change in "physical" environmental impact(going from no impact to some impact);and (f) Substantive changes to utility capacity,service demand, 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 Agreement shall 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(subject to the Developer's purchase of the property from RPG as set forth in Section 1.B above). Developer may assign this Agreement in whole or in part to an affiliate or affiliates with common control after providing the City with 10 days'written notice. Developer may assign this Agreement in whole or in part to an entity not under common control with Developer with the City's prior written consent, not to be unreasonably withheld. On assignment and assumption of all obligations under the Agreement by the assignee, Developer shall be released from all Agreement obligations after the effective date of the assignment; provided, however,that upon RPG's initial assignment of all obligations under the Original Agreement to the Developer and the Developer's assumption thereof(to occur upon Developer's purchase of the property), RPG and its affiliates shall be released from any and all obligations under the Original Agreement and/or relating to the property. 13. Dispute Resolution. If there is 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 either party requesting mediation, each Party will choose a mediator, and the two mediators will choose a third to mediate the dispute. If mediation fails,this matter shall be heard in the Superior Court of King County,Washington. 14. Default. (a) Subject to extensions of time by mutual consent in writing,failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement,the Party alleging the default or breach shall give the other Party not less than thirty(30)days' notice in writing, specifying the nature of the alleged default and the manner in which the default may be cured. Amended and Restated Development Agreement Final 06/25/19 Page 10 of 14 During this thirty(30)day period,the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. (b) After notice and expiration of the thirty(30)day period, if the default has not been cured or is not being diligently cured in the manner set forth in the notice,the other Party may, at its option, institute legal proceedings pursuant 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 provided in 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 this Agreement, or submits applications for development of the Property that are inconsistent with such permits and approvals. Developer shall have the ability to appeal land use decisions,which will not constitute a termination of this agreement until a final decision is rendered for an appeal. (b) This Agreement shall terminate on the expiration of the term or when the Subject Property has been fully developed,which ever first occurs, and all of the Developer's obligations under this Agreement are satisfied as determined by the City.The City shall record a notice of termination when appropriate. 16. Effect of Termination on Developer Obligations.Termination of this Agreement as to the Developer of the Subject Property shall not affect any of the Developer's obligations to comply with the terms and conditions or any applicable zoning code(s)or subdivision map or other land use entitlements approved with respect to the Subject Property.All conditions of development specified in the Agreement to shall continue after the termination of this Agreement,as well as obligations to pay assessments, liens,fees or taxes. 17. Effects of Termination on City. On any termination of this Agreement as to the Developer of the Subject Property,the entitlements,conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested with respect to the property affected by the termination.Vesting of entitlements,conditions or fees may then be established for that property pursuant to the existing planning and zoning laws). Notwithstanding termination of the Agreement before the end of the 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 without the consent of the Developer if done before December 26, 2026. 18.Administration of Agreement.This Agreement shall be administered by the authorized representative of the Developer,and by the Mayor of the City,or designee, on behalf of the City. Amended and Restated Development Agreement Final 06/25/19 Page 11 of 14 Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: CITY OF AUBURN: Mayor City of Auburn 25 West Main Auburn,WA 98001-4998 (253)931-3000 (253)931-3053-fax DEVELOPER: Scott Morris Inland Group 120 W. Cataldo Ave.,Suite 100 Spokane,WA 99201 509-321-3201 20. Notices.All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered in 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 their address by giving notice in writing to the other party. 21. Parties in Interest.This Agreement shall be binding on, and the benefits and obligations provided for in this Agreement shall inure to and bind,the parties and their respective successors and assigns.This section shall not permit any transfer or assignment otherwise prohibited by this Agreement.This Agreement is for the exclusive benefit of the parties 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 Prevailing Party. In the event of litigation or other legal action to enforce any rights, responsibilities,or obligations under this Agreement,the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 22.Applicable Law.This Agreement and the rights of the parties shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action shall be in King County, Washington.Any applicable statute of limitation shall commence no later than the last day of the 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. Amended and Restated Development Agreement Final 06/25/19 Page 12 of 14 24.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 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 have the same definition as in the applicable section of the Auburn City Code. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement,this Agreement having been drafted by mutual agreement of the parties. 25.Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision is illegal or invalid for any reason whatsoever,that illegality or invalidity shall not affect the validity of the remainder of this Agreement. 26. Entire Agreement.This Agreement contains the entire understanding of the parties in respect to the transactions contemplated and supersedes all prior agreements and understandings between the parties with respect to the subject matter of this Agreement. 27.Counterparts.This Agreement may be executed in multiple counterparts,each of which shall be one and 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 applicable zoning changes,and allocation of flood storage capacity. CITY OF AUBURN CAP ACQUISITIONS, LLC )(CU% lb•'1•i� , t5 I°� ancy Ras Mayor DATE Scott Morris, Manager DATE Approved as to form: Steve Gross,City Attorney Amended and Restated Development Agreement Final 06/25/19 Page 13 of 14 STATE OF WASHINGTON COUNTY OF cOoNZAtQC On this 25.1"' day of v w1 Z ?n t q , before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Scott Morris,to me known to be the Manager of CAP Acquisitions, LLC,the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness y hand and seal the day and year first above written. 011III11///i�� �‘ .gMeF�����i Notary Public residing at SPok,41E, Wei �'0,oksstonFp.',9�1/moi Printed Name: Tui„ 1 f n•.bF :o°NOTAR 01:; My Co scion Expires: _ — 45 Q! 'lLo ,p PUBLIC 'e:' A..god 0 9j�• !nber09;. 01111111110 STATE OF WASHINGTON COUNTY OF KING ,/ /, On this /-'1% day of 13 GV9'�,/� , rim�� , before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn, personally appeared Nancy Backus,to me known to be the Mayor of the city of Auburn,Washington,the municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Wiy e/sIs/'my hand and seal the day and year first above written. \`\`\\`���"�,1'''' `G/II 'G §/W-� _ p ON MAPr pal �" _Qv..- swim f���►►i P Notary Public re/siding at 1 Al-C Q C' -�te'o�+ o?A,p ep��'. Printed Name: I�/{r��lT1n - -. . .. f. My Commission Exg,ires: i N y 'Ous��0 =O al Amended and Restated Development Agreement Final 06/25/19 Page 14 of 14 Resolution 5442 Attachment 1 - South EXHIBIT"A" LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND HIS WIFE, ELIZABETI•I 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: COMMENCING Al'THE NORTHEAST CORNER OF SAID DONATION 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 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°24'27" WEST 426.07 FEET TO THE EAST MARGIN OF KENT-AUBURN ROAD (86TH AVENUE SOUTH) AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NO.761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO THE NORTHWEST CORNER OF THAT PORTION OF 49TH STREET NORTHEAST AS VACATED UNDER ORDINANCE NO. 2627 IN THE CITY OF AUBURN,ALSO RECORDED UNDER RECORDING NO.7301120384; THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERLY LINE OF SAID VACATED PORTION OF 49TH STREET NORTHEAST TO A POINT NORTH 1°53'45" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH l°53'45" WEST TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST AS VACATED BY ORDINANCE NO. 3594 OF THE CITY OF AUBURN, ALSO RECORDED UNDER RECORDING NO. 8102090641, WHICH WOULD ATTACH BY OPERATION OF LAW. PARCEL B: THAT PORTION OF THE DONATION LAND CLAIM 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 W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 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 BEGINNING; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD(86TH AVENUE SOUTH), AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NO. 761007; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 87°24'27" EAST; THENCE SOUTH 87°24'27" EAST TO THE TRUE POINT OF BEGINNING; Exhibit"A" 00063544-13 -1- TOGETHER WITH THAT PORTION OF VACATED D STREET NORTHEAST (86 AVENUE SOUTH) ADJOINING, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; (ALSO BEING KNOWN AS A NORTHWESTERLY PORTION OF TRACT 36 IN SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS, 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 A PART OF SECTION 31, TOWNSHIP 22 NORTH. RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID DONATION LAND CLAIM; THENCE SOUTH I°53'45" WEST 898.20 FEET TO THE SOUTH LINE OF SOUTH 280TH STREET AS ESTABLISHED BY DEED TO KING COUNTY RECORDED UNDER RECORDING NUMBER 5869551 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1°53'45" WEST 859.86 FEET; THENCE SOUTH 56°01'19"WEST 203.43 FEET; THENCE NORTH 89°17'18" WEST 485.03 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 MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH AVENUE SOUTH, AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 761006 AND 761007; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTHWEST CORNER OF THAT PORTION OF 49TH STREET NORTHEAST, AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF AUBURN, ALSO RECORDED UNDER RECORDING NUMBER.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: COMMENCING AT THE NORTHEAST CORNER OF SAID 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 579.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°2427" WEST 42.4 FEET; THENCE SOUTH 1°53'45" WEST 117.60 FEET; THENCE NORTH 88°06'15" WEST TO THE EAST MARGIN OF KENT-AUBURN ROAD, 86TH 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 STREET NORTHEAST AS VACATED UNDER ORDINANCE NUMBER 2627 IN THE CITY OF AUBURN AND ALSO RECORDED UNDER RECORDING NUMBER 7301120384; Exhibit"A" 00063544.13 -2- THENCE SOUTH 89°08'15" EAST ALONG THE NORTHERLY LINE OF SAID VACATED PORTION OF 49TH STREET NORTHEAST TO A POINT NORTH 1°53'43'EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°53'45" WEST TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED "D" STREET NORTHEAST(86TH AVENUE SOUTH) AS VACATED BY ORDINANCE NUMBER 2626, RECORDED UNDER RECORDING NUMBER 7301120385,AS WOULD ATTACH BY OPERATION OF LAW; TOGETHER WITH THOSE PORTIONS OF VACATED 49TH STREET NORTHEAST (SOUTH 280TH STREET) ADJOINING AS VACATED BY AUBURN ORDINANCES 2627, 3594, & 3614, RECORDED UNDER RECORDING NUMBERS 7301 120384, 8102090641 & 8104220744, RESPECTIVELY,AS WOULD ATTACH BY OPERATION OF LAW; (ALSO KNOWN AS PORTIONS OF TRACTS 34, 35, 36, 37, 38 AND 39, TOGETHER WITH VACATED STREETS ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL D: PARCEL 1, CITY OF AUBURN SHORT PLAT NO. SP-29-79, RECORDED UNDER RECORDING NUMBER 7912120806,IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF SAID PARCEL 2 LYING WEST OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF PARCEL I,SAID SHORT PLAT; AND TOGETHER WITH THE WEST 427.03 FEET OF THAT PORTION OF SAID PARCEL 2 LYING EAST OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF PARCEL I, SAID SHORT PLAT; SAID SHORT PLAT BEING A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. (ALSO KNOWN AS ADJUSTED LOT B OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0038-89 RECORDED UNDER RECORDING NO. 9201292262.) PARCEL F: PARCEL 2, CITY OF AUBURN SHORT PLAT NO. SP-29-79, RECORDED UNDER RECORDING NUMBER 7912120806, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID PARCEL 2 LYING WEST OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF PARCEL I,SAID SHORT PLAT; AND EXCEPT THE WEST 427.03 FEET OF THAT PORTION OF SAID PARCEL 2 LYING EAST OF THE SOUTHERLY EXTENSION OF THE EAST LINE:OF PARCEL I, SAID SI-IOR'I' PLAT; SAID SHORT PLAT BEING A PORTION OF THE W.A. COX DONATION LAND CLAIM NO. 38, IN SECTION 31. TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. Exhibit"A" 00063544-13 -3- (ALSO KNOWN AS ADJUSTED LOT A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0038-89 RECORDED UNDER RECORDING NO. 9201292262.) Exhibit"A" 00053544-0 -4- Resolution 5442 Attachment 1 - North Property EXHIBIT"A" LEGAL DESCRIPTION PARCEL A: 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; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 18, 1964, UNDER RECORDING NO. 5775470;AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED APRIL 11,2016, UNDER RECORDING NO.20160411001521. PARCEL B: THAT PORTION OF THE W.A.COX DONATION LAND CLAIM N08. 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 COUNTY,WASHINGTON; THENCE SOUTH ALONG EAST 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; EXCEPT STATE ROAD NO. 5; AND EXCEPT THE SOUTH 200 FEET OF THE EAST 110 FEET THEREOF; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST; AND EXCEPT ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT OF LAND LYING SOUTHWESTERLY OF A LINE DRAWN 15.2 FEET RADIALLY FROM A POINT 52 FEET NORTHEASTERLY OF STATION 122+63 OF 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 RECORDING NUMBER 7911271078, RECORDS OF KING COUNTY,WASHINGTON) AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED APRIL 11,2016, UNDER RECORDING NO.20160411001520. I'. 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 THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY,WASHINGTON; THENCE SOUTH ALONG EAST 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; Exhibit"A" 00067632-3 -1- THENCE WEST 258.2 FEET TO BEGINNING; PARCEL C: THE SOUTH 200 FEET OF THE EAST 110 FEET OF 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; THENCE SOUTH ALONG EAST 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 CLAM; THENCE WEST 258.2 FEET TO BEGINNING; EXCEPT STATE ROAD NO. 5; AND EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY FOR 49TH STREET NORTHEAST. PARCEL D: THAT PORTION OF THE EAST HALF OF THE WA.COX DONATION LAND CLAM IN SECTION 31 TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 1,454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A.COX DONATION LAND CLAM; THENCE SOUTH 843.64 FEET; THENCE WEST 258.06 FEET; THENCE NORTH 844.06 FEET; THENCE EAST 258.95 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND,A DISTANCE 312 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST LINE 312 FEET; THENCE WEST ALONG THE SOUTH LINE OF SAID ABOVE DESCRIBED TRACT 258.06 FEET; THENCE NORTH ALONG THE WEST LINE OF SAID TRACT 312 FEET TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; ALSO EXCEPT THE EAST 30 FEET CONDEMNED FOR ROAD PURPOSES IN KING COUNTY SUPERIOR COURT CAUSE NO.85322; ALSO EXCEPT THAT PORTION,IF ANY, LYING WITHIN THAT CERTAIN TRACT OF LAND CONVEYED TO DAVE HILL AND BRIDGET HILL, HUSBAND AND WIFE, BY DEED RECORDED IN VOLUME 469 OF DEEDS, PAGE 605,RECORDS OF KING COUNTY; ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277 STREET(52ND STREET NORTHEAST); ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001519, RECORDS OF KING COUNTY,WASHINGTON, (BEING KNOWN AS A PORTION OF TRACT 46,WHITE RIVER VALLEY HOME TRACTS NO.2, ACCORDING TO THE UNRECORDED PLAT THEREOF.) Exhibit"A" 00067632-3 -2- g3 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 AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM,WHICH POINT IS 938.33 FEET SOUTH 89°10'30"WEST OF THE NORTHEAST CORNER OF SAID DONATION CLAIM; THENCE SOUTH 89°10'30"WEST ALONG THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET; THENCE SOUTH 0°49'30"WEST 842.68 FEET TO A POINT ON THE NORTH LINE OF THE COUNTY ROAD,AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,WHICH POINT IS 1,197.18 FEET SOUTH 88°55'30"WEST OF THE EAST LINE OF SAID DONATION CLAIM; THENCE NORTH 88°56'30"EAST ALONG THE NORTH LINE OF SAID COUNTY ROAD 258.66 FEET; THENCE NORTH 0°49'30"EAST 841.71 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAST); TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST(SOUTH 280TH STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001518, RECORDS OF KING COUNTY,WASHINGTON (ALSO KNOWN AS TRACT 44,TOGETHER WITH VACATED STREET ADJOINING,WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL E-1 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 FROM THE 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 COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,AT A POINT WHICH IS SOUTH 88°56'30"WEST 1,455.53 FEET FROM THE EAST 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 SOUTH 277TH STREET(52ND STREET NORTHEAST);AND Exhibit"A" 00067632-3 -3- EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7103110262; TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST(SOUTH 280TH STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001518, RECORDS OF KING COUNTY,WASHINGTON. (ALSO KNOWN AS A PORTION OF TRACT 45,TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL F: 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 ATA 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 THE NORTH MARGIN OF SOUTH 280TH STREET,AS ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED 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 NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF 259.24 FEET WEST OF THE POINT OF BEGINNING; THENCE EAST ALONG SAID NORTH LINE TO 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 RECORDED UNDER RECORDING NUMBER 7103110262; TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST(SOUTH 280TH STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001517, RECORDS OF KING COUNTY,WASHINGTON (ALSO KNOWN AS A PORTION OF TRACT 42,TOGETHER WITH VACATED STREETS ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL F-1 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, Exhibit"A" 00067632.3 -4- RANGE 5 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM,AT A POINT 679.39 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89°10'30"WEST ALONG SAID NORTH LINE 258.94 FEET; THENCE SOUTH 0°49'30"WEST 841.71 FEET TO THE NORTH MARGIN OF SOUTH 280TH STREET, AS ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER RECORDING NUMBERS 544796 AND 5869551,SAID POINT BEING SOUTH 88°56'30"WEST 938.52 FEET FROM THE EAST LINE OF SAID DONATION CLAIM; THENCE NORTH 88°56'30"EAST ALONG SAID NORTH MARGIN 258.95 FEET; THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277TH STREET(52ND STREET NORTHEAST); TOGETHER WITH THAT PORTION OF VACATED 49TH STREET NORTHEAST(SOUTH 280TH STREET)ADJOINING AS VACATED BY AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER 8102090641,AS WOULD ATTACH BY OPERATION OF LAW; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001517, RECORDS OF KING COUNTY,WASHINGTON. (ALSO KNOWN AS TRACT 43,TOGETHER WITH VACATED STREET ADJOINING,WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL G: THAT PORTION OF THE W.A.COX D.L.C., 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.C.; THENCE WEST ALONG THE NORIH LINE THEREOF 210.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 210.0 FEET; THENCE SOUTH 839.74 FEET, MORE OR LESS,TO THE NORTH LINE OF SOUTH 280TH STREET AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID COX D.L.C.; THENCE EAST ALONG SAID NORTH LINE 209.94 FEET; THENCE NORTH 839.0 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN 52ND STREET NORTHEAST; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001516,RECORDS OF KING COUNTY,WASHINGTON; (ALSO KNOWN AS A PORTION OF TRACT 41,WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF.) PARCEL H: THAT PORTION OF THE W.A. COX D.L.C. IN SECTION 31,TOWNSHIP 22 NORTH, RANGE 5, EAST, Exhibit"A" 00067632-3 -5- WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A. COX D.L.C.; THENCE WEST AICNG THE NORTH LINE THEREOF 210.15 FEET; THENCE SOUTH 839 FEET, MORE OR LESS, TO THE NORTH LINE OF SOUTH 280TH STREET AT A POINT 210.37 FEET WEST OF THE EAST1 LINE OF SAID Q.L.C.; THENCE EAST ALONG SAID NORTH LINE 210.37 FEET TO THE EAST LINE OF SAID D.L.C.; THENCE NORTHERLY ALONG SAID EAST LINE 838,2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 414.56 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN 52ND STREET NORTHEAST; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 20160411001515, RECORDS OF KING COUNTY,WASHINGTON; (AISO KNOWN AS A PORTION OF LOTS 40 AND 41,WHITE RIVER VALLEY HOME TRACTS 2ND ADDITION,ACCORDING TO THE UNRECORDED PLAT THEREOF). PARCEL I: THE SOUTH 414.56 FEET OF THAT PORTION OF W.A. COX DONATION LAND CLAIM IN TOWNSHIP 22 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID W.A,COX DONATION LAND CLAIM; THENCE WESTERLY ALONG THE NORTH LINE OF SAID DONATION LAND CLAIM 420.15 FEET; THENCE SOUTH 839.74 FEET, MORE OF LESS,TO THE NORTH LINE OF THE COUNTY ROAD "SOUTH 280TH STREET"(49"h ST NE)AT A POINT 420.31 FEET WEST FROM THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE EAST ALONG SAID COUNTY ROAD 420.31 FEET TO THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTHERLY ALONG THE EAST LINE OF SAID DONATION LAND CLAIM 838.2 FEET TO THE PLACE OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED 49TH STREET N.E. ADJOINING AS VACATED BY CITY OF AUBURN ORDINANCE NUMBER 3614 UNDER RECORDING NUMBER 8104220744,AS WOULD ATTACH BY OPERATION OF LAW(BEING THE NORTH HALF OF THE 40 FOOT RIGHT OF WAY CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 544796); (ALSO KNOWN AS THE SOUTH 414.56 FEET OF TRACTS 40 AND 41,SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE UNRECORDED PLAT THEREOF). Exhibit"A" 00067632-3 -6- ExHism....-g- J \----,....., �___.__.__)\...........„-) i i t 1 t S.277th S ree „,..---1 t..... * .........xxxxilmt 0,.Ant .....-0=,..•=4"" ' ' r ,p,,._,, _"..,..._ ..--'-‘-\\\\ NAP I I-I .I ISI -‘� , 1 ri D �. Ule 1Pcfol/ I Off/cc I Public Amenity Y Goruxrc/ol I liked U I The neighborhood's Heart,with a • ,,,„ =,,, 1 1 Gorvxrc/a/ gathering place such as an outdoor E III \ theatre or park space.Centrally _�_.. — connected to residential areas with Retail Commercial l I r�� L l l I I _ 11 11 1 1 I Uses and services that cater — — — _ \ pedestrian paths to encourage / !s i I healthy living activities. IL to regional shoppers //{ \ _WI ' I Pub/a �' Opcn 9 Pl r0 I 1 Space. such as large retailers, , , pharmacies,or banks. 7 Amenity i I Go • rc/a i ba , QQ c/..h6o -•__.I Neighborhood Mixed Use Retail NAP I Mixed I- . 'r 1 11 zed Ux ' I i Commercial uses that serve the local Petal'1 . `7.- ''doll I neighborhood residents for day-to-day Office Mixed Use Commercial u. r. I items such as restaurants,grocery, Office and retail with mixed J I / ' I I i .` / I and personal services. use housing above ground floor 49th Street — — �.! — commercial uses. I I l I �.� ���w I i �:�I C� - '---) v,v / I \ 1— vi rt� A1.- I ` _, 1 1 Neighborhood Open Space NAP I r T '^ ( Preserved open space with trails, I5pacc loppr- natural vegetation,and wetlands. t5. til- I � � ~�!y i ! *' r 1 I Pedestrian Trail System 1C'tldcn//al l A `\ To encourage healthy lifesyle . / , choices. Connectivity �j CI C�Cl CI[� Gonnccflvlf ��S 3 Pcdcfrlan \\.:4:-' ' �� Circulation Yr j "Currently in FEMA floodplain 4 ( \ \\\\ fir 1% \ ' E[ Vchldc Alt `' Fufur Open 5 ace Circulation I I °K;,-` : racrcl- P P k'c /dcnflat- r,: I Group R`.11 Pod I i InlaAuburn Safeway �.........,.�... \ I //�� i - I Property Line (' - N - NAP:Not a Pan 45th Street 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 Properties Special 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 approximately 11 acres added to the project site, identification of project phasing,changes in intersection signalization, changes in surrounding development,changes in regulations. 5.Addendum to Final Environmental Impact Statement Northeast Auburn Robertson Properties Special Area Plan,City of Auburn,2019- As a result of new property ownership by Inland Construction LLC,the addendum evaluates revision of the project to include amendment of the development agreement and zoning code to allow residential development first and separate from commercial development rather than mixed used within the same structure,a change in the boundaries and number of phases,different proportions of land uses and to recognize changes in intersection signalization and changes in surrounding development and critical area mitigation. Attachment 3 ATTACHMENT 4-AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS DOCUMENT Attachment 4 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS Auburn Gateway Architectural and Site Design Standards Prepared by BCRA, Inc.of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 CHARACTERISTICS 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 Page 2 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 Page 3 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 the 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 establish 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 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 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 resulting 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 or 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 visual 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 buildings 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 with 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 Page 5 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS combination with other mutually supporting uses. The 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 Residential, and to acknowledge an additional unique set of design standards that apply to this specific portion 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 deal with the following elements: Chapter 1. Project introduction;Goals and Administration of the Architectural and Site Design Standards;and Definitions and other overarching functions. Page 6 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS Chapter 2. Urban design,site planning, building characteristics of all anticipated land uses on the project 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 requirements for design of the project that will be implemented. These are generally denoted by the word: "shall". • Design Guidelines—This section contains design considerations 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 provided 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,materials 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 Page 7 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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. facade 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 where it meets the ground. gable The portion of an end wall or truss of a building enclosed 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. Page 8 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 architectural 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 A single unified development that incorporates the planned integration of two or development 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- A measured and proportioned inflection or setback in a building's footprint. building 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 Page 9 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 Heating and air conditioning units or other mechanical equipment mounted on the equipment 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 be 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. Page 10 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 2.0 URBAN DESIGN, SITE PLANNING, BUILDING CHARACTERISTICS AND LAND USES The purpose of this section is to encourage site planning and building massing that is conducive to a retail/commercial focus and visual character, 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 planning goals is to allow flexibility of any combination of land uses that supports a vital shopping 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 conducive 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 visual 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 design,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 association of mutually compatible uses,to encourage a sustainable relationship between land uses and circulation to reduce automobile dependency and promote pedestrian mobility. Page 11 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 consistency 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 appropriate 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 architectural 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 significantly increase the compatibility of commercial development with adjacent uses. To accomplish building relief and interest the project 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. r ilt��E 1 t /lit ' ', g.1 i/ , iti'::.:1-_-,_ r , ,-. ., S 1 /jilt 'i '''- , '—'..r.-... .-.40..,„1.7-.-- la,7170,,ma% e , 4 w'rw1M. . w 'arrW�a1. r I - , i4 - II!' 1 '' ', ' ,i s 4 7X mM..,,, FIG.2.2 Page 12 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 vertical 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 shall 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 building 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. Landscaping 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 functions 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 located 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 not 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 addition 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 Page 13 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS development. 0. Landscaping shall include retention of existing vegetation 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 nuisance plants. P. Landscaping shall be coordinated with all site utility 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 and 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 through 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 professional services and businesses to the community. Buildings shall adhere to the following: A. Office buildings may be single use structures,or have a combination of office and retail functions on the ground floor,with offices on upper 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 have articulation,architectural features and fenestration to provide aesthetics and visual interest. F. Accentuate building presence by highlighting with formal landscape themes around the base of the building perimeter. G. Provide roofs,canopies or other forms of weather 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 Page 14 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS material contained in one location. As such they are necessarily automobile oriented. However,to reduce automobile reliance within the site by customers,site layout and building design shall focus on minimizing walking distance and providing for pedestrian needs and comfort over vehicles. IIIMIallik 4' ti� s ' 'l ---' FIG.2.3.2 A Highlight main pedestrian entrances and destinations 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 facilitate navigation. B. Individual buildings shall have horizontal and vertical 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 shall 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 Facade 60 foot maximum length shall be Shall have variety of visually and tactilely allowed without articulation. different materials up to 20 feet height. Change materials from one building to Provide 3-dimensional elements for another within a range of compatible at least 50%of the overall facade. materials for consistency. Shall have Colonnades shall cover at least 6 feet homogenous finish,with scoring patterns of the walkway at storefront window and/or material changes.Weather space for shelter,shade and lighting. protection for pedestrians that is integral Include pedestrian amenities along to the building design shall be provided front facade and connecting along the facades that are convenience Page 15 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS pedestrian pathways. routes,where appropriate. Building Entrances Highlight entrances with vertical Entrances shall have architectural change of at least 4 feet higher than elements significantly different than the average wall height.Building may be rest of the wall space,and may use a articulated forward or back to large roof covering for entrances,which accentuate entrance,but maintain shall provide adequate weather required width of walkways. Use protection. Columns,canopies,or other second story-like or clear story architectural features may be used on features at building entrances or either side of the entry canopy to street intersections to provide a "announce"the presence of a store transition between single story and entry. Higher quality material,such as multi-storied buildings. tile,brick,or heavy timber,etc.,shall be used at these architectural features. Secondary Facades(walls facing Horizontal articulation shall be same Continue articulation with window Primary Public Streets) as for Principal Façades,allowing for elements,trellis,awnings,or other wall landscaping and pedestrian access. material finishes to provide building interest,for at least 30%of the length of the facade. Side Entrances facing Primary Public Shall be a scaled down version of Shall be a scaled down version of main Streets main front door entry treatment. front door entry treatment. Rear building walls facing Primary As much as possible,modulate and Continue any multi-color or multi-finish Public Streets articulate building walls and parapet scheme around building to include the line to break up large planes of walls. rear. Screen from public viewing areas with landscaping. Utilize scoring patterns and/or material changes rather than building exterior color changes alone. Mechanical,trash,storage and If on grade,screening walls shall be Material shall be compatible with chosen loading facilities shall be screened constructed of the same materials as building finishes. Chain link fencing shall when facing a Public Street the building and attached to the not be used. Brick,CMU,wood fencing, building,a minimum 8 feet high. ornamental steel may be used as screening. Landscape planting shall be For mechanical units on building used as additional screening. 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. Page 16 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS landsxaping.sstern wall ar fro,mg andscuprd berm uus! )4rwax.-rafurrs and stagger buifrbhys in 44 414,47111W tyres i r""--"—shield terrine 41MP+frern prinking I Titus Ifhsribfing. ' i'w"'"'".d- rear Abu . Jrrsnr roads A C. 14""" All Fr �j" " „ijfi ii>itual 3 1 ^&&ening realblenrrng 1 Urban muar.fufeuraik 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 bookstores,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 Facade 30 foot maximum length shall be Shall have variety of visually and tactilely allowed without articulation. different materials up to 16 feet height. Provide 3-dimensional elements for Change materials from one building to another within a range of compatible at least 50%of the overall facade. materials for consistency. Shall have Colonnades shall cover at least 6 feet homogenous finish,with scoring patterns of the walkway at storefront window and/or material changes.Weather space for shelter,shade and lighting. 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 Entrances shall have architectural change of at least 2 feet higher than elements significantly different than the Page 17 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS average wall height. rest of the wall space,and may use a Building may be articulated forward large roof covering for entrances. or back to accentuate entrance. 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 Facades(walls facing Horizontal articulation shall be same Continue articulation with window Primary Public Streets) as for Principal Facades,allowing for elements,trellis,awnings,or other wall landscaping and pedestrian access. material finishes to provide building Continue articulation for at least 30% interest,for at least 30%of the length of of the length of the facade. the facade. Side Entrances facing Primary Public Shall be a scaled down version of Shall be a scaled down version of main Streets main front door entry treatment. front door entry treatment. Rear building walls facing Primary As much as possible,modulate and Continue any multi-color or multi-finish Public Streets articulate building walls and parapet scheme around building to include the line to break up large planes of walls. rear. Screen from public viewing areas with landscaping.Utilize scoring patterns and/or material changes rather than applied building exterior color changes alone. Mechanical,trash,storage and If on grade,screening walls shall be a Material shall be compatible with chosen loading facilities. minimum 8 feet high. building finishes. Chain link fencing shall For mechanical units on building not be used. Brick,CMU,wood fencing, roofs,locate at perimeter if obscured ornamental steel may be used as by parapet walls or locate away from screening. Landscape planting shall be edges of wall out of sight lines from used to screen these areas. parking areas,and public roads. Screening walls shall be provided if units are visible from street rights-of-way or parking areas. Page 18 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS , 111 I` "' '� ., , 0 0.0,,tf:,,,, i ,„.„,„.. -,,,,,,, , 1 1,4'. „.0 �r1 „_ , ,,, :,,w, , t , ,. "�hiw ,,„, -,.,..�. � �� A � 4,�' d et, yam It- FIG.2.3.3 A Pedestrian Pocket . " , -EfA�` mn a .-r'-,K' 3 ,44`'•*, y or:; Yqv .=mak xw4,"' S'N I ,.Ir } � tis �•� t- si ,a 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 specialized offices and commercial retail functions, such as dentists,vision stores, drugstores, 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. Page 19 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS B. Drive-through lanes shall work with pedestrian and 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 provided to break up the impact of vehicular stacking at the drive through window. I ! I le I I I l•.111d 4�t _ ill i l t ! cs±tla < AID II SiPo& '- - -1*atrernar!mown&E� " T r I.enrrriar trees i/, .�.... � iii r' _..»Vertn rtn + I wG:..ilifY1 1L. !1iaa '' �\ 'i _ 1 ►iG. �/M2:, ,11?�t#Il�t v41.1. i3 i /arrnr-xliro+tgh f rte, m q lkuN-torn,/a �^-- entail i mod with winvinn mot ',nip � p Parknrg - It �a re ParkingW's / r Gs. ih ,s —NM i filum •1 8 F l T` � un fella% ( \ C Ffr t si ., ‘n,-‘e a*7 `Nn/1rt plaiuirr„ + ;•Low dnronat ae renin wale jr iTINTY-cr -- 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 system 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 housing 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 another and adjacent neighborhoods and contribute to a residential district that is attractive, active and safe. Multi-family housing within the Auburn Gateway is limited 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. Page 20 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS General design standards for multi-family housing are 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 permanently 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.Outdoor 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. e 004, 00 ti � e 1, s FIG.2.3.5 Edging gardens,fence,landscape features. Page 21 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 handling, 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 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. 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 vehicular 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. Page 22 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 entry 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. Page 23 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. __,„1.'".. sEFt- a i ,. -�r^^`71 7 f 3 y 401 v — WY C a# AO4.4 +^ . � 1 Rale sr # z. .. " M , .e c: F - . 7. FIG.4.1.1A 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 easement on private property. rl K a`i 4Y , �� -1 w• t! , •pd .' ,} Pt 4. '" F�;;��. 7.1.-94‘‘:; to as,,fx i'a. H�, :; ' ,_'ir:?:17 ''' ' ;, It!46 ''.: 2- i L. j ' A , m 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. Page 24 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 shall 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 within 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 distinguished with features that visually indicate to both pedestrians and vehicular traffic the uniqueness and prominence of their locations in the City. Examples of these types of features include monuments, public art,and public plazas. ,..ot,2 nl, i ,.... ,,,, ,„,,,, ,, t , s,i , i., , o'f 1 , ...,..„.„. :,., ,Il $ , dt, ''Z '';;;#';',-. iifY �'9 q �a iryft gj - t 0.-- $ { * � 3 s ,;7,fi, ^, a $. .om j f ,-''44.'"*,1: ' - „ :—...'''' ",,e::'",..'''-. FIG.4.1.2 Visually prominent features to give height and connectivity transitioning from •single story to multi story buildings. Page 25 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCR of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 the 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 features: 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. • ,,e ,irr.-- ,,, li . ,"9444 '')e.,',.' ,'441, 4. ' , t-i' I IL tzto 7-44::'-: fco, 'I ';1',,'',2' - v SilO a' ,' 4 l Vi € }' 'fl� O4a/, i (',ryav ', y , 2 �. ,,,r ^ FIG.4.1.3 A Formal planting is found around parking and near buildings denoting high visibility and use areas. Planting beds in traffic islands protect pedestrians from vehicular traffic,soften the visual impact of asphalt areas and help define parking zones. Page 26 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS B. Semi-formal landscaping(a mix of formal and native plant species, medium maintenance level and profile)shall define transition areas from interior 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. rte .--.f,---4,---,..,,----. 4: ',7;"'• -,- vr,•' ' 7-•1/4 ,4(-4---,,,,,,,,;:_.!'''..k 1%. •?.-: :',4,A4.4,......,„stf,:it'',-:44:7.f‘, 7::!k' ' ';'''. *ciff40- ..---- 40k,,,,:`,.,ivi-:„.4.'-, -, ' •.:Ft', t,'.,,.; ',.,-- ''."4,4,, �' ^ -. ." i f ' t ^ ' . 3 E �rd, FIG.4.1.3 8 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. Page 27 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS TABLE 4.1.3 SUGGESTED PLANT SIZES, USE AND SPECIES Plant type Size at time of planting Spacing Uses,comments (consider species mature size) Deciduous trees, 2"min.caliper,balled Maximum tree spacing Use as shade,canopy trees to shade/canopy and burlapped, No bare max.not more than 30 break up parking lot, unify root trees allowed. feet on center streets. Species may include: Minimum branching Oak,Sunburst Honey locust, Red height:6 feet from Maple,American or Oregon Ash, ground to lowest Sweet gum, Linden,Raywood branch. If branching Ash,Tulip Tree,and Hornbeam. height cannot be achieved at caliper size, larger caliper may be required. Well-branched and uniformly shaped. Deciduous trees, 2"min.caliper,balled Maximum tree spacing Use as screening,to break up Columnar/upright and burlapped.No bare max. not more than 30 walls or to provide a transition. root trees allowed. feet on center Species may include:Oak,Maple, Minimum branching Beech,and Hornbeam. 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. Deciduous trees, 1-1/2"caliper,balled As clumps,specimens Use as colorful accents and small/decorative and burlapped. No such as(Vine Maple, naturalization. Species may bare root trees allowed. Shadblow, Hawthorn) include:Vine Maple,Japanese Well-branched and Maple,Shadblow, Flowering uniformly shaped. Cherries, Magnolias, Dogwood, Flowering Plum,Redbud,etc. Coniferous trees 6'minimum height,full 12 feet on center or as Year-round color,greenery, specimens,balled and clumps texture interest,screening, burlapped. No bare naturalization or specimens. root trees allowed. Species may include: Dawn and Well-branched and California Redwood,Shore Pine, uniformly shaped. Ponderosa Pine,Giant Sequoia, Douglas Fir and Hemlock. Large Shrubs 5 gallon pots,tubs or 4-5 feet on center Where more immediate balled and burlapped, maximum. screening is appropriate. Mass min.25"height. Evergreen shrubs used plantings and clumps, buffer plantings,formal to informal Evergreen screening for screening:2 feet on planting areas. Includes native Page 28 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS shrubs:5 feet height center and non-native species, evergreen and deciduous. Small Shrubs 3 gallon to 5 gallon pots, 2-3 feet on center Low planting where visibility is 18"height,min. maximum 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 screening,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 tothe design of buildings through the use of materials, colors and architectural detailing. Avoid monolithic 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. Fn ..*:',.ft gv ''.:4'''''.0(.: r :�.. - �, ��z� �� ��� ��Vim, a.g A ,gym 3 � H 6? a "' Lbw t# t � ^ t & .� a'.7 - N L ' ': FIG.4.1.4 A AND B Two examples of fencing, walls and landscaping used to separate public from semi public spaces. Page 29 of 42 Auburn Gateway Architectural and Site Design Standards ber 2011 Prepared by BCRA of Tacoma,WA;Octo AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 impact of vehicles queuing up for services or food. Walls shall not intrude into vision clearance 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 maximum)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 maximized, 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 walkways 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 Page 30 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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,visually 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(CPTED)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. -shrkh.s/Ind caping 3"-4"hili Ground Lown under 2 car averhang — E ;$ Maintain 5'walkway spate ♦♦♦ � r elan,c"t)➢tlYnapie3 i ♦` = •All ♦ I) a +: ♦• /, af ` qtr, .. f r;er rifle 17411.01, , Parking I 6 4, Parking t 2'overhang 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 Page 31 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 pedestrian 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. Page 32 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS Awning°whoa i .. .etan-len tty '"" ___.. • . 4,,, _... ...., . _.„„„, --,,,-, ,,,,,, ,....i.... Ai-x.---,- ). 4..4: , ,,, Itai " J9d n,, le it°111�_ .. Decorative cross 1 i♦� ►4 Y, walk pavement r� �iiit ,../1►f 1' l .i 01 S 1 1itli ' 61R1.i IIOIM' iii w \r i o. IIII ... w , IN...�,..� 44 way islands9 allim .Pedestrian walk u�ap 1111 ti " t �.' IG'rampaEritalls u ,tji— '1s1t I� --.-4-r a hi-irking lad 1•..--Pedests ian lighsln �`e —— -x lighting y �s �� MI III _ _ .�� e. I j ---Shade Pres ,11 an trilder r a � Pedestrian light �y at crosswalk MI ... itinllll Pained Bros Walk i T `--,..•Bollards at Crass walk ramps j o' !moli y hr P ! r-- Prdrtt an lighting ?"----T r {( .d I } 'y/ it t / 111111011116, 'pc_,*".T... .tea." 1 .,1 . 1 tandem a 'r�' `. i $itlru alk .�_ Ina `_____ , ,,,,,,,._`,---- Roaduraylighting '= But sheher�1 Denotative pavement l Strict FIG.5.1.2 B Showing parking lot layout and landscaping concept from perimeter street to a large or midsize retail center. Page 33 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 are 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. 4r . ; , ��. -,.. 1a , �, ,fir. III i io lsx %.:A am;: --g." ia„,,, ".a. s " ,, 'A FIG.6.1 Page 34 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS Corner entrance addresses both pedestrian and automobile traffic,providing high visibility and good orientation. 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 building 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. • s,e 3 , ,sit, •;,`•07. ` $.6.' --rt.zr,'. 7,‘'.•'.,':' -'..,--it, ..z.-tV,..4.. ''',,e7 ? 4: ,,,los,* oo,soro .,—0 f d"s. `t r 1 1 ,fib t' :g t Y R' `.k Y`.. E .q4 y' ,il4' ' Mfr p , s^ r�,%'-' _, _ + • .kT" i ,..;- RINENIgii."'. '. t--:.'44L: ).:' '''‘'.44:isew, 3 r Z yt$'tt ^.. d • 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 Page 35 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 along building frontages and connect to other buildings and plazas. 5. Communal walkways: In multi-family housing development 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 Pedestrian Parking Lot internal Connecting parking areas to Concrete/pavers 5 feet min. movement Walkways buildings and uses Pedestrian Store/building front No less movement and Building fronts facing parking areas, Walks Concrete/ than 8 feetlazas resting,shopping, p decorative pavement restaurant outdoor seating area, Communal Walks Concrete,with 6 feet Residential Multi-family housing community decorative node pedestrian areas i 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 parking 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 site. 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. Page 36 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 7.0 SITE LIGHTING The goal of site lighting of the Design Standards is 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 criminal activity. 3. Use low-pressure sodium lighting(yellow spectrum) bulbs. 4. Be used indiscriminately to illuminate areas not normally 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 based on the following criteria: 1. Distinctive appearance that creates site identity and character. 2. Visual compatibility and unobtrusiveness with the site by night. 3. Architecturally compatible with building design styles by day. 4. Minimization of glare,and use of cutoff angles. 5. Ease of maintenance. 6. Provide a coordinated system of lighting fixtures based 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 bicycle traffic shall be appropriately lighted for Page 37 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS nighttime visibility where night use will occur. E. Avoid glare from light sources into wildlife habitat or environmentally critical areas and surrounding neighborhoods. F. Use lighting to highlight unique site features and 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 walkways 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 Pedestrian/Overhead 14'-26' 30'or less to highlight entrances overhead Lighting 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 Bollard 3' Spacing varies.Located on pedestrian (low level) 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, Varies Attached to building or overhanging overhang mounted awnings or canopy for ambient lighting on walkways Landscape Lighting Up-lighting,spot lights 12"or less Site specific lighting location/spacing Page 38 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS Lighting shall only be provided to meet minimum desired illumination levels;however pedestrian intensive areas must meet minimum code requirements for safety and wayfinding. Page 39 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 provide 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. Page 40 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS F. Use native plant species to line the edges of the ponds 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 bring 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. 6( fi � ° �I4 Po �a x bi s. ;', — .., --Ivi' :7, ,A. , ,j'. ,' Pil"'–,°..t0:111;(14' Or r : ,„, ... _* ,, ,,( ,1 „,.;, ,,,,, ,, ,f ,,,, 1„, , , , t% ,../., ,,,,, ,, i . ....,(1, :,, i, .1. ,,.;, , ,,,, ,,,,,,,z, .. ._oku, , ,,,t 4 3g €°4, ', if 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 orstub for future accessibility by walkway or bike path to any existing municipal, county,or regional park, public open space or trail system, which may be located on properties in the vicinity. Page 41 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BCRA of Tacoma,WA;October 2011 AUBURN GATEWAY ARCHITECTURAL AND SITE DESIGN STANDARDS 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 freestanding signs(both monument and pylon), building signage, under canopy blade signs,informational 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 formal project development and pursuant to ACC 18.56.030(K), Master Sign Plans Authorized. Page 42 of 42 Auburn Gateway Architectural and Site Design Standards Prepared by BORA of Tacoma,WA;October 2011 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 requiring payment of permit fees and assessments and excluding provisions setting forth permit procedures. ACC Chapter 15.68,Flood Hazard Areas except any provisions related to requiring payment of fees and permit procedures. ACC Title 16(Environmental Review, Shoreline Development Permits. and Critical Areas Regulations) except any provisions related to requiring payment of fees and permit procedures. ACC Title 17(Land Adjustments and Divisions) except any provisions related to requiring payment of fees and permit procedures. ACC Title 18 (Zoning)except any provisions related to requiring 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 CAP Acquisitions,LLC.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 copies by contacting the City Clerk,at 25 West Main Street,Auburn,WA,98001,(253)931- 3090,or CAP Acquisitions,LLC,Attn: Scott Morris, 120 W. Cataldo Ave., Suite 100, Spokane,WA 98201 Attachment 5 ATTACHMENT#6 TO THE DEVELOPMENT AGREEMENT Development Agreement Concept Additions General 1. Similar to an HOA, an association shall be formed that will review building design before submission of building permits to the city. Building permit application submissions will be accompanied by documentation that the association has reviewed the proposal and determined that it complies with the adopted design standards. Objective:To limit individual commercial users applying to the City directly without being reviewed and coordinated first by an "HOA" or some similar other governing body that reviews the proposal against the Auburn Gateway Design Standards and coordination. • The City will allow the developer to submit permits for an initial phase of commercial buildings before formation of this association or similar other governing body, as long as any proposed building is located contiguous to the "Heart." • A governing body to manage commercial common areas on an ongoing permanent basis and provide initial design review will be in place before submission of any other commercial building's applications past the first phase. 2. If there are conflicts between the supplemental requirements outlined within this Exhibit and other adopted standards or requirements, the more restrictive and/or the more detailed requirement shall apply. 3. For purposes of this Agreement the following phases are defined: a. Phase 1: Multifamily Project that includes the following: i. Multifamily (up to 500 units referred to as Copper Gate Apartments), supporting buildings, and site work ii. Completion of the following public utility and transportation improvements are a requirement of Phase 1: 1. I Street NE from 45th Street NE to S 277th Street with traffic signal at 277th 2. 49 Street NE from Auburn Way North to D Street NE within the existing ROW and with traffic signal at Auburn Way North, and 49 Street NE from D Street NE to I Street NE,with a roundabout at I Street NE and payment of the fee in lieu for 49th Street NE from Auburn Way to D Street NE outside the existing right-of-way. 3. D Street NE from 49th Street NE to cul-de-sac termination near Auburn Way North 4. All improvements along Auburn Way North from 49th Street NE to the south including southbound Auburn Way North U-turn 5. Other improvements as determined necessary by the City Engineer to mitigate Phase 1 impacts as determined through the SEPA and project review processes per ACC 12.64A. b. Phase 2:The Heart i. Heart improvements and site work ii. Completion of the following public utility and transportation improvements are a requirement of Phase 2: 1. Pedestrian crossing across 49th Street NE with a simple pedestrian warning system, such as a Rectangular Rapid Flashing Beacon (RRFB), if determined by the City to be needed to connect Phase 1 to Phase 2 2. Other improvements as determined necessary by the City Engineer to mitigate Phase 2 impacts as determined through the SEPA and project review processes per ACC 12.64A. c. Phase 3: Commercial i. Commercial Buildings and site work ii. Completion of the following public utility and transportation improvements are a requirement of Phase 3: 1. D Street NE from 49th Street NE to S 277th Street 2. All required frontage improvements, if any, along Auburn Way North (north of 49th Street NE) 3. Other improvements as determined necessary by the City Engineer to mitigate Phase 3 impacts as determined through the SEPA and project review processes per ACC 12.64A. Amenities 1. Before approval of the plans for Phase 1 and/or the Heart, Developer will submit an "Amenities Plan" that includes the following: Objective:To build connections with the surrounding community and integrate the use of amenities to strengthen those connections. a. Community Garden that is at least 800 square feet in size. The community garden space will be an amenity located on the residential portion of Auburn Gateway(for residents of Copper Gate Apartments) and managed by property staff. Owner will reach out to local farmers to gage their interest in being involved with the community garden, and will engage local farmers to the extent there is interest. b. Community Trails that connect to public sidewalks and trails that offer a connection to the Green River Trail and Interurban Trail and provide 5 permanent stalls for Trailhead parking within the Phase 3 development for access to the 277th Street trail (before Phase 3,temporary stalls associated with Phase 2 may be used for Trailhead parking, but will not be located on 277th Street).Trails and connections will be limited to the extent of the Auburn Gateway development and no trails shall be physically blocked/gated. c. The developer will construct and maintain a gateway feature on parcel #9360000200 at the northwest corner of the property within 30 feet of Auburn Way North. The feature will include signage that welcomes travelers to Auburn that is visually stimulating and distinguished by surrounding landscaping or hardscaping or a combination of the two. The developer will work with the city to identify the appropriate footprint, landscaping and design of this feature.The footprint will be modest in size (not less than 500 square feet and no more than 1,000 square feet) and ensure that future maintenance costs are considered in the final design. The design will be visually interesting, but not interactive and may include wayfinding signs for Auburn Gateway. Features allowed within the 500- 1,000 square feet may include signage that promotes Auburn, community amenities (e.g. parks, civic services,general wayfinding), and The Heart. d. A minimum of two children's playgrounds will be provided within the multifamily community. Use of these amenities will be restricted to residents of the multifamily complex e. The developer will include 4,100 square feet of sport court amenities. Sports courts include basketball, tennis, pickle ball, etc. Use of these amenities will be restricted to residents of the multifamily complex. f. The developer will provide other sport and/or play amenities such as bocce, horseshoes, Frisbee golf, etc. The developer will provide at least three such amenities. Use of these amenities will be restricted to residents of the multifamily complex. Objective:To ensure a higher attention to detail on how the commercial component will be master planned and the uses linked together between public and private spaces. The goal is to create interesting and usable spaces that people can enjoy as they shop and entertain themselves at Auburn Gateway. The City does not want a piece-meal approach to the layout of the commercial space. • The objective can be accomplished through the existing design standards under the guidance of the to be formed "HOA" or governing body, which would ensure a holistic approach of the development be adhered to. • The commercial users are not identified, and the parameters of development should not be further constrained to this level of detail other than the guidance provided in the previously approved design standards. • Beyond the basic premise of providing good pedestrian connections to, and throughout, the commercial area, additional attention shall be paid to the quality and appearance of pedestrian walkways as well as incorporation of small seating areas that lie within common areas. The goal is to not only provide the pedestrian infrastructure but to ensure that there is an enhanced pedestrian experience as people move throughout the complex. a. Developer will incorporate a landscaped design feature to show the transition between the commercial and residential communities. The design feature should clearly show the transition, such as a stream bed with modest pedestrian bridges that provide connectivity. This will be constrained by City standards regarding location and design of pedestrian crossings of public roadways. b. The developer will provide full financial contribution to the City's utility box wrap program for each utility box that is required to serve the development. The Heart(centrally-located open/green space serving the residential and commercial uses) 1. Submit a "Programming Plan"for the privately-owned and -maintained "Heart" before the final CO of Copper Gate that includes the following: a. 3rd party event programmer. b. Annual coordination with the City Parks Department. c. Objective: create an event schedule with the 3rd party event programmer to make sure the space is appropriately utilized and vibrant for the Auburn Gateway businesses and surrounding community. The event schedule and supporting budget shall be provided to the City of Auburn on an annual basis by March 31st (or upon request from the City, no more often than quarterly). Failure to provide the schedule and budget within 10 days following receipt of notice from the City of such failure will be considered a code enforcement violation and trigger the timelines and penalties set forth in Chapter 1.25 ACC. d. Incorporates an annual funded marketing plan. 2. Within six months after the issuance of the first building permit for Copper Gate, require submittal of a future specific site layout concept for The Heart that includes: a. Modest size stage/platform for multipurpose music and performance. b. A method for showing outdoor movies (could include using a building's blank wall). c. Can accommodate 5 food trucks with electric and water/sewer connections. d. Includes contouring of ground for grass seating. e. Includes a perimeter hard surface path that is ADA compliant. f. Accommodates daytime and evening programming. g. Includes landscaping and a vegetation maintenance plan. Note: will be included as part of the "HOA" or governing body of the future Commercial component. Before, maintenance would be the responsibility of the developer. h. Includes a pedestrian-scale lighting plan. i. CPTED review of the Heart. j. Public restrooms. Note: restrooms will be built before or as part of the first commercial buildings occupancy. Restroom may be stand-alone facilities or they may be incorporated into the commercial buildings that are adjacent to The Heart. If they are incorporated into the adjacent buildings, restroom access doors need to be readily accessible and cannot require the public to first access a commercial establishment in order to access the restroom. k. Construction of The Heart shall be completed before issuance of the final Certificate of Occupancy within Phase 1. Rental Housing 1. Initial testing at completion and then periodic testing of emergency radio signal coverage within site buildings (MF residential and commercial portions). 2. After MF residential opening property owner shall implement crime prevention strategies for rental housing generally consistent with purpose and intent of city code ACC 5.22.040 (Rental Housing Business License Criteria). These may be carried out by non-owner management company. 3. Property owner or non-owner manager shall quarterly request police incident reports and provide summary of this information to the city's Code Enforcement Division to assess the prevalence of reoccurring criminal activity or nuisance activity and then if warranted, to use information for mutually derived crime prevention strategies. 4. The property owner shall enroll in the Safe Auburn For Every Resident(SAFER) program. Promoting the Commercial Area 1. Within 90 days of the closing date of the property acquisition,the owner will provide proof that a commercial leasing firm has been contracted for the purposes of marketing the commercial property and will provide periodic proof that the commercial spaces are being actively promoted. 2. Developer agrees to extend wet and dry utilities past sidewalks and curbs of the improved roadways that are included in the Phase 1 improvements to serve the commercial components of Auburn Gateway within the appropriate Facility Extension permits. 3. Developer agrees to present annual written reports and if requested, oral updates on the developments progress to City Council on a semi-annual basis. Transportation and Utilities 1. Before issuance of any type of occupancy for any buildings for any phase, the Developer will complete all public infrastructure required to support and serve the buildings for that phase (in accordance with the approved phasing plan and terms specified in this agreement).The following public infrastructure must be completed during Phase 1 as set forth below: a. Within 30 days following approval status of the first Building permit of any Phase 1 building: i. Dedication of ROW needed for the Phase 1 public utility and transportation improvements ii. Dedication of ROW for a future extension of 49th Street NE from I Street NE to the eastern limits of the Developer's property iii. Dedication of ROW needed for I Street NE from South 277th to 45th Street NE b. Before issuance of the first Temporary Certificate of Occupancy (TCO) of any Phase 1 building: i. Frontage Improvements on Auburn Way North for Phase 1 (other than parcel TMK: 9360600269, which is not part of Phase 1), including a southbound U-turn on Auburn Way North between the site driveway on Auburn Way North and 45th St NE. ii. D Street NE from 49th Street NE to Auburn Way North with all utilities and as a Local Non-Residential street per the City's Engineering Design Standards and a cul-de-sac to remove the connection to Auburn Way North. iii. Storm drainage facilities required to accommodate infrastructure listed in this section lb. c. Before either 1) issuance of TCO for any buildings with access to D Street NE or 49th Street SE, or 2) issuance of TCO for any buildings beyond 50%of the total number of buildings in Phase 1 whichever occurs first(unless otherwise waived by the Public Works Director): i. 49th Street NE from D Street NE to I Street NE with all utilities (including water, storm and sewer infrastructure ), and to include 14-foot wide through lanes in each direction, shared use path on the north side of 49th, 10-foot sidewalk on the south side of 49th, and an 11-foot wide center turn lane, including the I Street roundabout. ii. 49th Street NE between Auburn Way North and D Street NE to the extent possible within existing ROW and property controlled by the Developer. iii. 49th Street NE and Auburn Way North Traffic Signal. iv. Design of any improvements not completed by the Developer due to lack of property rights on 49th Street NE between Auburn Way North and D Street NE (to include 14- foot wide through lanes in each direction, shared use path on the north side of 49th Street NE, 10-foot wide sidewalk on the south side of 49th Street SE and an 11-foot wide center turn lane) and, prior to final CO, payment to the City of a fee-in-lieu equal to 100%of the estimated cost for the City to complete the such improvements (excluding land acquisition). The cost shall be determined in the same manner set forth in Section 3 of this agreement. v. Storm drainage facilities required to accommodate infrastructure listed in this section 1c. d. Other improvements as determined necessary by the City Engineer to mitigate Phase 1 impacts as determined through the SEPA and project review processes per ACC 12.64A. 2. The City will not issue any building permits (excluding grading and foundations)for Phase 1 work until the City has received a complete application (design, supporting documentation)and all non-City(i.e. Corps, DOE, WDFW) permit application forms and documentation (to the extent known by the Developer to be needed at the time of the application submittal to the City and within the Developers ability and control to complete at the time of application submittal for the following public utility and transportation improvements even though building occupancy is not tied to completion of such improvements: a. I Street NE from 49th Street NE to South 277th Street with water and storm utilities, with minimum 14-foot wide through lanes, shared use path on the east side of"I"Street, 10-foot sidewalk on the west side, an 11-foot wide center turn lane, and additional turn lane(s) as determined to be needed at the intersection of 277th b. Traffic signal at I Street NE and South 277th Street 3. If any of public utility and transportation improvements identified in paragraph 2 preceding this paragraph are not complete upon issuance of the TCO for the final multifamily residential building, the City may at its sole discretion require, as a condition to issuance of the final Certificate of Occupancy, the Developer to bond the completion of the improvements in an amount equal to 130%of the estimated cost for the City to complete the improvements; provided that the estimated environmental mitigation for stream mitigation of Ditches K and L associated with the I Street NE roadway improvements will be capped at$1,000,000 unless otherwise agreed to by the parties. The bond would require the remaining improvements to be complete no later than 3 years after first TCO issuance or no later than 1 year after final CO, whichever occurs first, or a later date as determined by the City. However, if the City requires a bond,the Developer shall have the option of satisfying this requirement by paying a fee-in-lieu equal to 130%of the estimated cost for the City to complete the improvements. Cost estimates(to determine the amount of the bond or the fee-in-lieu) will be prepared by the Developer and reviewed by the City and be based on the City's costs to complete the remaining work. If the City and Developer cannot reach agreement on the estimated costs,the Developer will hire an independent cost estimator selected by the City with concurrence from the Developer to review and finalize the cost estimate, at which time it will become the basis for the bond or the fee-in-lieu. All estimates must be prepared and sealed by a professional engineer registered in Washington State. 4. South 277th Street a. The right turn pocket previous proposed on 277th at D Street NE is removed from the agreement and is not required by the project. 5. Commute Trip Reduction concepts: a. The owner will incorporate a minimum of 3 secured bike storage lockers that are available to residential tenants without charge. Bike lockers must be able to provide cumulative storage for at least 250 bikes. b. Within the commercial area, one bike rack shall be provided for each commercial building. Each bike rack shall accommodate at least 5 bikes. c. Along the perimeter of The Heart bike racks shall be provided that accommodate a cumulative total of 40 bikes. Sequencing 1. A site plan will be created that clearly delineates the commercial component, the multifamily component, and The Heart. 2. Phased occupancy of Copper Gate Apartments will be allowed. An occupancy phasing plan will be provided to the City before, or concurrent with, the civil FAC submittal for Phase 1 that shows which buildings will be occupied and what site improvements will be completed to accommodate each phased occupancy. 3. The developer agrees to carry out full development of the development concept. This includes: a. Completion of the multifamily residential component. b. Completion of The Heart before issuance of the Certificate of Occupancy for the final multifamily building(except for the restrooms as noted above). c. To foster completion of the commercial component, in addition to the infrastructure, transportation and utility requirements set forth herein that benefit the commercial property, as well as the completion and programming of the Heart,the flood plain permitting requirements, and the active marketing requirements for the commercial component, the developer shall: i. Before issuance of TCO or CO for any Phase 3 buildings(other than those in the initial phase of commercial buildings, if any, located contiguous to the "Heart"), dedicate ROW along the commercial frontage of Auburn Way North between 49th Street NE and South 277th Street for any required frontage improvements. In addition, Right-of- way will be dedicated for bus turn out(s) and/or shelters for the future King County Rapid Ride, provided that the ROW is known to be needed based on the final alignment and stop locations of the Rapid Ride I-Line. Objective:Assure that the proper consideration and intention be given by Developer to maximize the build-out and success of the commercial component of Auburn Gateway. By making significant early on the ground investments that make commercial development more viable and likely,the development of the commercial component will increase long term value of Copper Gate Apartments, providing amenities that will create additional demand and increase length of occupancy of residents. d. Completion of all agreed-upon transportation and utility infrastructure as previously identified in Transportation and Utilities section. 4. The developer agrees to submit all floodplain permitting documentation to FEMA no later than 6 months after City Council approves the amendment to the Development Agreement, and actively fund and pursue processing until conclusion.